Regulations on the Allocation of Railway Infrastructure Capacity and the Levying of Charges for the Use of the National Railway Network (Allocation Regulations)

(This translation is for information purposes only)

Laid down by the Ministry of Transport and Communications on 5 February 2003 in pursuance of Act No. 100 of 11 June 1993 on the Establishment and Operation of Railways, including Tramways, Underground Railways and Suburban Railways etc., (Railways Act), sections 6, 8, 15 and 16, cf. Royal Decree No. 1076 of 22 November 1996 and Royal Decree No. 275 of 4 April 1997. Cf. EEA Agreement Annex XIII point 37 (Directive 91/440/EEC as amended by Directive 2001/12/EC and Directive 2004/51/EC) and point 41b (Directive 2001/14/EC as amended by Decision 2002/844/EC and Directive 2004/49/EC). Amended by Regulations No. 343 of 17 March 2003, No. 70 of 24 January 2006.

Chapter 1 Introductory provisions

Section 1-1 Scope

These regulations apply to infrastructure managers on the national railway network and any party with access to infrastructure that is part of the national railway network.

Section 1-2 Definitions

For the purpose of these regulations:

a) “allocation” means the allocation of railway infrastructure capacity by an infrastructure manager,

b) “infrastructure manager” means any body or undertaking that is responsible in particular for establishing and maintaining railway infrastructure. This may also include the management of infrastructure control and safety systems,

c) “infrastructure capacity” means the potential to schedule train paths requested for an element of infrastructure for a certain period,

d) “railway undertaking” means any public or private undertaking holding a licence, the principal business of which is to provide service for the transport of goods and/or passengers by rail with a requirement that undertaking must ensure traction; this also includes undertakings which provide traction only,

e) “railway infrastructure” means all the items listed in Annex I.A to Commission Regulation (EEC) No. 2598/70 of 18 December 1970 specifying the items to be included under the various headings in the forms of accounts shown in Annex I to Regulation (EEC) No. 1108/70 (as amended), with the exception of the final indent which, for the purpose of these regulations only, shall read as follows: “Buildings used for infrastructure purposes”,

f) “railway network” means the entire railway infrastructure owned and/or managed by an infrastructure manager,

g) “capacity enhancement plan" means a measure or series of measures with a calendar for their implementation which are proposed to alleviate the capacity constraints leading to the declaration of a section of infrastructure as "congested infrastructure",

h) “network statement” means the statement which sets out in detail the general rules, deadlines, procedures and criteria concerning the charging and capacity allocation schemes. It shall also contain such other information as is required to enable applications for infrastructure capacity,

i) “congested infrastructure” means a section of infrastructure for which demand for infrastructure capacity cannot be fully satisfied during certain periods even after coordination of the different requests for capacity,

j) “framework agreement” means a legally binding general agreement on the basis of public or private law, setting out the rights and obligations of an applicant and the infrastructure manager or the allocation body in relation to the infrastructure capacity to be allocated and the charges to be levied over a period longer than one working timetable period,

k) "train path" means the infrastructure capacity needed to run a train between two places over a given time-period,

l) “working timetable” means the data defining all scheduled train and rolling-stock movements on the relevant infrastructure during the period for which it is in force,

m) “coordination” means the process through which the infrastructure manager and applicants attempt to resolve situations in which there are conflicting applications for infrastructure capacity,

n) “applicant” means a licensed railway undertaking and/or a licensed international grouping of railway undertakings.

Chapter 2 Network statement

Section 2-1 Requirement as to network statement

The infrastructure manager shall, after consultation with the interested parties, develop a network statement which shall be published no less than four months in advance of the deadline for applications for infrastructure capacity. The network statement shall be kept up to date and modified as necessary and shall be obtainable against payment of a duty which may not exceed the cost of publishing that statement.

Whoever operates side track, port track, terminal track and the like that is connected to the national railway network and that is made available to a party who has access to the national railway network shall be obliged to provide the infrastructure manager on the national railway network with such information as is necessary to enable that infrastructure manager to publish information about access to the infrastructure concerned and information about associated services.

Section 2-2 Content of the network statement

The network statement shall contain:

1.  Information on the nature of the infrastructure which is available to parties intending to provide rail transport services on the railway network in question and on the conditions of access to the infrastructure. The network statement shall also contain information on infrastructure which is connected to the railway network in question and which is available to any party who has access to infrastructure that is part of the national railway network.

2.  Information on charging principles and tariffs. The network statement shall contain appropriate details of the charging scheme as well as sufficient information on charges that apply to services mentioned in Annex I which are provided by only one supplier. It shall detail the methodology, rules and, where applicable, scales used for fixing charges. The network statement shall contain information on changes in charges already decided upon or foreseen.

3.  Information on the principles and criteria for capacity allocation. The network statement shall set out the general capacity characteristics of the infrastructure which is available to parties intending to provide rail transport services on the railway network in question, and any restrictions on its use, including likely capacity requirements for maintenance. The network statement shall also specify the procedures and deadlines which relate to the capacity allocation process. It shall contain specific criteria which are employed during that process, in particular:

a)  the procedures according to which applicants may apply for capacity from the infrastructure manager, including the content of applications;

b)  the requirements governing applicants;

c)  the schedule for the application and allocation process;

d)  the principles governing the coordination process;

e)  the procedures which shall be followed and criteria used where infrastructure is congested;

f)  details of restrictions on the use of infrastructure, including infrastructure reserved for specific purposes;

g)  any conditions whereby account is taken of previous levels of utilisation of capacity in determining priorities for the allocation process.

It shall detail the measures taken to ensure the adequate treatment of freight services, international services and requests subject to the ad hoc procedure.

Chapter 3 Services to be supplied by the infrastructure manager

Section 3-1 Access services

The infrastructure manager shall on a non-discriminatory basis offer the minimum services package mentioned in Annex I.1 and access via the railway network to service facilities listed in Annex I.2.

Section 3-2 Prioritised services

The infrastructure manager shall supply services in accordance with Annex I.2 to the extent it has the facilities mentioned at its disposal. The services shall be supplied on a non-discriminatory basis and applications may only be refused provided viable alternatives are available on market terms. 

Section 3-3 Additional services

Where the infrastructure manager supplies any services described as additional services in Annex I.3, it shall supply them to all who request them.

Chapter 4 Infrastructure charges and prices of services

Section 4-1 Setting of tariffs for infrastructure charges

The ministry sets tariffs for infrastructure charges and the specific rules governing such charges. The infrastructure charge includes charges for access services as mentioned in section 3-1.

Section 4-2 Setting of prices for the use of prioritised services

The infrastructure manager sets prices for the use of prioritised services as mentioned in section 3-2.

Section 4-3 Setting of prices for the use of additional services

The infrastructure manager sets prices for the use of additional services that it supplies as mentioned in section 3-3.

Section 4-4 Infrastructure cost and accounts

The ministry lay down conditions, including where appropriate advance payments, to ensure that, under normal business conditions and over a reasonable time period, the accounts of an infrastructure manager shall at least balance income from infrastructure charges, surpluses from other commercial activities and State funding on the one hand, and infrastructure expenditure on the other.

Infrastructure managers shall, with due regard to safety and to maintaining and improving the quality of the infrastructure service, be provided with incentives to reduce the costs of provision of infrastructure and the level of access charges.

The ministry shall ensure that the provision set out in the second paragraph is implemented through the establishment of appropriate regulatory measures with adequate powers.

The infrastructure manager shall establish a method for apportioning costs. Prior ministry approval of the method may be required. The method should be updated from time to time to the best international practice.

Section 4-5 Principles of charging

Charges for the use of railway infrastructure shall be paid to the infrastructure manager and used to fund his business.

Without prejudice to the third to sixth paragraphs or to section 4-6, the charges for the minimum access package and track access to service facilities shall be set at the cost that is directly incurred as a result of operating the train service.

The infrastructure charge may include a charge which reflects the scarcity of capacity of an identifiable segment of the infrastructure during periods of congestion.

The infrastructure charge may be modified to take account of the cost of the environmental effects caused by the operation of the train. Such a modification shall be differentiated according to the magnitude of the effect caused.

Charging of environmental costs which results in an increase in the overall revenue accruing to the infrastructure manager shall however be allowed only if such charging is applied at a comparable level to competing modes of transport.

In the absence of any comparable level of charging of environmental costs in other competing modes of transport, such modification shall not result in any overall change in revenue to the infrastructure manager. If a comparable level of charging of environmental costs has been introduced for rail and competing modes of transport and that generates additional revenue, it shall be for the ministry to decide how the revenue shall be used.

To avoid undesirable disproportionate fluctuations, the charges referred to in the second to sixth paragraphs may be averaged over a reasonable spread of train services and times. Nevertheless, the relative magnitudes of the infrastructure charges shall be related to the costs attributable to the services.

The supply of services referred to in Annex II, point 2, shall not be covered by the provisions of this section. Without prejudice to the foregoing, account shall be taken, in setting the prices for the services set out in Annex II, point 2, of the competitive situation of rail transport.

Where services listed in Annex II, points 3 and 4 as additional and ancillary services are offered only by one supplier the charge imposed for such a service shall relate to the cost of providing it, calculated on the basis of the actual level of use.

Section 4-6 Exceptions to charging principles

In order to obtain full recovery of the costs incurred by the infrastructure manager the ministry may, if the market can bear this, levy mark-ups on the basis of efficient, transparent and non-discriminatory principles, while guaranteeing optimum competitiveness in particular of international rail freight. The charging system shall respect the productivity increases achieved by railway undertakings.

The level of charges must not, however, exclude the use of infrastructure by market segments which can pay at least the cost that is directly incurred as a result of operating the railway service, plus a rate of return which the market can bear.

For specific investment projects, in the future, or that have been completed not more than 15 years before 15 March 2001, the infrastructure manager may after submission to the ministry, cf. section 4-1, set or continue to set higher charges on the basis of the long-term costs of such projects if they increase efficiency and/or cost-effectiveness and could not otherwise be or have been undertaken. Such a charging arrangement may also incorporate agreements on the sharing of the risk associated with new investments.

To prevent discrimination, it shall be ensured that any given infrastructure manager's average and marginal charges for equivalent uses of his infrastructure are comparable and that comparable services in the same market segment are subject to the same charges. The infrastructure manager shall show in the network statement that the charging system meets these requirements in so far as this can be done without disclosing confidential business information.

If an infrastructure manager intends to modify the essential elements of the charging system referred to in the first paragraph, it shall make them public at least three months in advance.

Section 4-7 Performance scheme

Infrastructure charging schemes shall through a performance scheme encourage railway undertakings and the infrastructure manager to minimise disruption and improve the performance of the railway network. This may include penalties for actions which disrupt the operation of the network, compensation for undertakings which suffer from disruption and bonuses that reward better than planned performance.

The basic principles of the performance scheme shall apply throughout the network.

Section 4-8 Calculation and collection of infrastructure charges

The infrastructure manager shall on a non-discriminatory basis calculate and collect infrastructure charges from any party who has been allocated infrastructure capacity.

Chapter 5 Applications for infrastructure capacity

Section 5-1 Applications

Parties with access to infrastructure that is part of the national railway network may apply for infrastructure capacity. The infrastructure manager may also authorise undertakings which have yet to receive access to infrastructure that is part of the national railway network to apply for infrastructure capacity.

Applications shall be sent to the infrastructure manager. Applications for infrastructure capacity that crosses more than one railway network shall be sent to one of the infrastructure managers, in the event to the joint body stated in the infrastructure manager’s network statement.

Section 5-2 Content of applications

Applications pursuant to section 5-1 first paragraph shall be accompanied by documentation confirming that the applicant has access to the national railway network. The infrastructure manager determines other requirements for the content of applications.

Section 5-3 Date for submitting applications

Applications relating to the general working timetable and ad hoc applications shall comply with the deadlines stated in the network statement.

Section 5-4 Applicants with a framework agreement

Applicants who have concluded a framework agreement under the provisions of Chapter 6 with the infrastructure manager shall apply in conformity with such framework agreement.

Chapter 6 Framework agreements

Section 6-1 Conclusion of framework agreements

The infrastructure manager and an applicant may conclude a framework agreement on the use of infrastructure capacity for a period of time exceeding one working timetable period.

The framework agreement shall in principle be for a period of five years. The infrastructure manager may agree to a shorter or longer period in specific cases. Any period longer than five years shall be justified by the existence of commercial contracts, specialised investments or risks. Any period longer than ten years shall be possible only in exceptional cases, in particular, where there is large-scale, long-term investment, and particularly where such investment is covered by contractual obligations.

Framework agreements shall not preclude the use of the relevant infrastructure by other applicants.

Section 6-2 Content of the agreement

A framework agreement shall specify the characteristics of the infrastructure capacity required by and offered to the applicant over a period of time exceeding one working timetable period.

The framework agreement shall not specify a train path in detail, but should be such as to seek to meet the legitimate commercial needs of the applicant.

The framework agreement shall allow for the amendment or limitation of its terms to enable better use to be made of the railway infrastructure.

The framework agreement may contain penalties should it be necessary to modify or terminate the agreement.

Section 6-3 Right of inspection

All affected parties shall have the right to inspect any framework agreement provided that the requirements of section 9-3 are met.

Chapter 7 Allocation of railway infrastructure capacity

Section 7-1 Train paths

The infrastructure manager allocates infrastructure capacity. Infrastructure capacity is allocated via the allocation of train paths. Train paths may be allocated to parties who have access to service the national railway network. Train paths may be allocated for a period not exceeding a working timetable period.

The infrastructure manager shall maintain an overview of allocated and vacant infrastructure capacity and shall at all times be able to inform affected parties about what infrastructure capacity has been allocated to undertakings. Information about vacant capacity shall be made available to all applicants who wish to make use of such capacity.

Section 7-2 Cooperation between infrastructure managers

The infrastructure manager shall cooperate with other infrastructure managers to achieve the efficient operation of train services which cross more than one railway network. They shall in particular aim to guarantee the optimum competitiveness of international rail freight and ensure the efficient utilisation of the rail freight network. Such procedures shall be established as are appropriate to enable this to take place. The procedures shall be published.

Section 7-3 Schedule for the allocation process

The infrastructure manager shall establish a schedule for the allocation of infrastructure capacity within the following framework:

1 The working timetable shall be established once per calendar year.

2 The change of working timetable shall take place at midnight on the second Saturday in December. Where a change or adjustment is carried out after the winter it shall take place at midnight on the second Saturday in June each year and at such other intervals between these dates as are required. Infrastructure managers may agree on different dates, and in such case they shall inform the ministry thereof if the change affects train paths for international traffic.

3 The final date for receipt of requests for capacity to be incorporated into the working timetable shall be no earlier than 12 months in advance of the coming into force of the working timetable.

4 No later than 11 months before the working timetable comes into force, the infrastructure manager shall ensure that provisional international train paths have been established in cooperation with other relevant infrastructure managers or allocation bodies as set out in Directive 2001/14/EC Article 15. Infrastructure managers shall ensure that as far as possible these are adhered to during the subsequent processes.

5 No later than four months after the deadline for submission of applications, the infrastructure manager shall prepare a draft timetable.

Section 7-4 Processing of applications

The infrastructure manager shall as far as is possible meet all requests for infrastructure capacity including requests for train paths crossing more than one network, and shall as far as possible take account of all constraints on applicants, including the economic effect on their business.

The infrastructure manager shall consult interested parties about the draft working timetable and allow them at least one month to present their views. Interested parties shall include all those who have requested infrastructure capacity as well as other parties who wish to have the opportunity to comment on how the working timetable may affect their ability to procure rail services during the working timetable period.

The infrastructure manager shall take the measures necessary to resolve any problems to which attention is drawn.

Section 7-5 Applications referring to capacity on more than one network

Applicants may request infrastructure capacity crossing more than one network by applying to one of the infrastructure managers affected. That infrastructure manager shall then be permitted to act on behalf of the applicant to seek capacity with the other relevant infrastructure managers.

Infrastructure managers shall ensure that, for infrastructure capacity crossing more than one network, applicants may apply direct to any joint body which the infrastructure managers have established to this end.

Section 7-6 International train paths

Infrastructure managers shall seek to agree with the other infrastructure managers concerned which international train paths are to be included in the working timetable, before commencing consultation on the draft working timetable. Adjustments to international train paths shall only be made if absolutely necessary.

Section 7-7 Coordination of applications for infrastructure capacity

Should conflicts of interest arise during the scheduling process the infrastructure manager shall attempt, through coordination of all applications, to ensure the best possible matching of all requests. The infrastructure manager shall have the right, within reasonable limits, to propose infrastructure capacity that differs from that which was applied for. The infrastructure manager shall attempt, through consultation with the appropriate applicants, to achieve a resolution of any conflicts.

The principles governing the coordination process shall be defined by the infrastructure manager. These principles shall in particular reflect the difficulty of arranging international train paths and the effect that modification may have on other infrastructure managers.

Section 7-8 Dispute resolution

Where an applicant disagrees with the schedule proposed after coordination has been carried out, the applicant may request that a dispute resolution system be applied.

The infrastructure manager shall establish a system to secure prompt resolution of disputes as mentioned in the first paragraph. The system shall ensure that a decision is reached within a time limit of 10 working days.

Section 7-9 Congested infrastructure

Where, after coordination of the requested paths, it is not possible to satisfy requests for infrastructure capacity adequately then the infrastructure manager must immediately declare that element of infrastructure on which this has occurred to be congested. This shall also be done for infrastructure which it can be foreseen will suffer from insufficient capacity in the near future.

Where infrastructure has been declared to be congested, the infrastructure manager shall carry out a capacity analysis as described in section 7-13, unless a capacity enhancement plan as described in section 7-14 is already being implemented.

Section 7-10 Priority criteria

Where the infrastructure has been declared to be congested and it is necessary to employ priority criteria to allocate infrastructure capacity, the infrastructure manager shall employ infrastructure capacity in such a way as to take maximum possible account of the importance of a service to society relative to any other service which will consequently be excluded or supplanted.

With reference to the provision of the first paragraph, cf. third paragraph, the following guidelines apply, in order of priority, to the allocation of infrastructure capacity:

1 infrastructure capacity for public services. On the stretch Asker – Gardemoen the feeder service to Oslo International Airport shall have the same priority as public services,

2 infrastructure capacity that is included in framework agreements,

3 infrastructure capacity reserved for use for particular types of traffic on infrastructure described in section 7-12,

4 infrastructure capacity for international freight transport and international combined transport,

5 other freight services,

6 other passenger services.

The infrastructure manager may deviate from the above sequence of priorities if such deviation will result in higher overall utilisation of the total infrastructure capacity. The infrastructure manager may also take account of previous levels of utilisation of allocated train paths when deciding priorities and shall in such case establish rules in this respect.

Section 7-11 Ad hoc requests

The infrastructure manager shall respond to ad hoc requests for individual train paths as quickly as possible and in any event within five working days.

Section 7-12 Specialised infrastructure

Infrastructure capacity shall be considered to be available for the use of all types of service which conform to the characteristics necessary for operation on the train path in question.

Where there are suitable alternative routes, the infrastructure manager may, after consultation with interested parties, designate particular infrastructure for use by specified types of traffic. Such designation shall be approved by the ministry. When such designation has occurred, the infrastructure manager may give priority to this type of traffic when allocating infrastructure capacity.

Such designation shall not prevent the use of such infrastructure by other types of traffic when capacity is available and when the rolling stock conforms to the technical characteristics necessary for operation on the line concerned.

Section 7-13 Capacity analysis of the infrastructure

Capacity analysis shall identify the reasons for the congestion and what measures might be taken in the short and medium term to ease the congestion.

The analysis shall consider the infrastructure, the operating procedures, the nature of the different services operating on the infrastructure and the effect of all these factors on infrastructure capacity. Measures to be considered shall include in particular re-routing of services, re-timing of services, speed alterations and infrastructure improvements.

A capacity analysis shall be completed within six months of the infrastructure being declared to be congested.

Section 7-14 Capacity enhancement plan for the infrastructure

Within six months of the completion of a capacity analysis, the infrastructure manager shall produce a capacity enhancement plan.

A capacity enhancement plan shall be developed after consultation with users of the relevant congested infrastructure. It shall identify:

a) the reasons for the congestion,

b) the likely future development of traffic,

c) the constraints on infrastructure development,

d) the options and costs for capacity enhancement, including likely changes to infrastructure charges.

The capacity enhancement plan shall also, on the basis of a cost benefit analysis of the possible measures identified, determine what action shall be taken to enhance infrastructure capacity, including a calendar for implementation of the measures.

Section 7-15 Infrastructure capacity for scheduled maintenance

Requests for infrastructure capacity to enable maintenance to be performed shall be submitted during the scheduling process.

Adequate account shall be taken by the infrastructure manager of the effect that reservation of infrastructure capacity for scheduled track maintenance has on applicants.

Chapter 8 Allocated infrastructure capacity

Section 8-1 Agreements with the infrastructure manager

Whoever is allocated infrastructure capacity on the national railway network shall conclude the necessary administrative, technical and financial agreements with the infrastructure manager for the railway infrastructure used, including an agreement which gives the infrastructure manager the traffic data needed to carry out his tasks as planner and manager of the infrastructure. The terms governing such agreements shall ensure transparency and non-discriminatory access in accordance with these regulations.

Section 8-2 Transfer of and trade in infrastructure capacity

Allocated infrastructure capacity may not be transferred to others or used for types of services other than that for which it is allocated.

All trade in infrastructure capacity is prohibited and may lead to exclusion from further allocation of capacity in the current and/or next working timetable period.

Section 8-3 Withdrawal of allocated infrastructure capacity

The infrastructure manager may withdraw a train path which, over a period of at least one month, has been used less than a threshold quota to be laid down in the network statement. The infrastructure manager shall withdraw such train paths in situations where the infrastructure is congested. Such train paths may not be withdrawn where lack of use is due to non-economic reasons beyond the undertaking’s control.

In an emergency and where absolutely necessary because of a breakdown making the infrastructure temporarily unusable, the paths allocated may be withdrawn without warning for as long as is necessary to repair the system.

Chapter 9  Final provisions

Section 9-1 Changes in quality and capacity on the national railway network

The infrastructure manager shall as quickly as possible inform any party who has been allocated infrastructure capacity of any important changes in the quality or capacity of the infrastructure in question.

Section 9-2 Special measures in the event of disturbance

In the event of disruption to rail traffic caused by technical failure or accident, the infrastructure manager shall take all necessary steps to restore the normal situation. To this end the infrastructure manager shall in his emergency plan maintain a list of public bodies and other interested parties who shall be notified in the event of accidents and incidents or serious disruptions to rail traffic, cf. the Safety Regulations and the Notification and Reporting Regulations.

In an emergency and where absolutely necessary because of a breakdown, the infrastructure manager may require the party who has been allocated infrastructure capacity to make available the resources which the infrastructure manager considers are the most appropriate to restore the normal situation as soon as possible.

Section 9-3 Confidentiality

The infrastructure manager shall treat as confidential any information on technical appliances and procedures or on operating or commercial conditions which it would on competitive grounds be in the interest of the party to which it pertains to keep secret. This shall not prevent the infrastructure manager from passing to the Norwegian Railway Inspectorate information on circumstances of significance for safety or information requested by the Inspectorate when dealing with appeals under section 9-4.

Section 9-4 Appeal

The network statement and the criteria therein, allocation of infrastructure capacity, including arrangements with respect to access in accordance with the Licensing Regulations section 2-1, the charging system, the level or structure of infrastructure charges which are or may become payable by the applicant, framework agreements concluded or other circumstances where the applicant believes his rights under these regulations have been violated, may be appealed to the Norwegian Railway Inspectorate, except as regards the principles underlying the charging system, which may be appealed to the ministry. Such appeals shall be decided within two months of all necessary information being produced.

Such appeals shall be decided under the rules of the Public Administration Act of 10 February 1967.

Section 9-5 Supervision and control

The Norwegian Railway Inspectorate shall exercise supervision and control of railway operation and shall be given the opportunity to inspect necessary documents to ensure that the conditions are met. All parties are obliged to furnish the Inspectorate with the information it needs to discharge its tasks and, for the same purpose, to afford the Inspectorate access to installations, including premises, equipment and other material connected with the railway operation.

The Norwegian Railway Inspectorate may order corrective measures to be taken.

Section 9-6 Coercive fine

When making an order, the supervisory authority may fix a cumulative coercive fine for each day that elapses after the expiry of the deadline set for complying with the order up to such time as the order is complied with. The supervisory authority may waive an accrued coercive fine.

The size of the coercive fine shall be fixed taking due account of the importance of complying with the order and of the costs it is expected to entail.

A coercive fine constitutes grounds for execution proceedings.

Section 9-7 Exceptions from these regulations

The Ministry of Transport and Communications may in special cases make exceptions from these regulations where this is not in conflict with international agreements entered into by Norway.

Section 9-8 Entry into force

These regulations come into force on 15 March 2003. Regulations No. 1332 of 4 December 2001 on the Allocation of Railway Infrastructure Capacity and the Levying of Charges for the Use of the National Railway Network (Allocation Regulations) shall be revoked on the same date.

Annex I. Services to be supplied to railway undertakings

1. The minimum access package shall comprise:

a) handling of requests for infrastructure capacity;

b) the right to utilise capacity which is granted;

c) use of such running track points and junctions as are necessary to utilise the capacity granted;

d) rail traffic control including signalling, regulation, dispatching and the communication and provision of information on train movement;

e) all other information required to implement or operate the service for which capacity has been granted.

2. Track access to services facilities and supply of services shall comprise:

a) use of electrical supply equipment for traction current, where available;

b) refuelling facilities;

c) passenger stations, their buildings and other facilities;

d) freight terminals;

e) marshalling yards;

f) train formation facilities;

g) storage sidings;

h) maintenance and other technical facilities.

3. Additional services may comprise:

a) traction current;

b) pre-heating of passenger trains;

c) supply of fuel, shunting, and all other services provided at the access services facilities mentioned above;

d) tailor-made contracts for:

            -control of transport of dangerous goods,

            -assistance in running abnormal trains.

4. Ancillary services may comprise:

a) access to telecommunication network;

b) provision of supplementary information;

c) technical inspection of rolling stock.

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