Network Statement 2014 - Slovenske Å¾eleznice

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Slovenske železnice - Infrastruktura d.o.o. – Network Statement of the Republic of Slovenia 2014 – 9.12.2012 – 0If, after the receipt of the Applicants’ opinions, the Agency still fails to resolve disputedrequests, the Agency establishes a verbal dialogue in order to reach an acceptable solution.If within the verbal dialogue an agreement is achieved, the Agency shall prepare a writtenagreement in the form of protocol, signed by all concerned stakeholders. According to thisagreement, within 7 (seven) days after the signing of the protocol, all stakeholders shallpresent the changed path allocation requests to the Agency.If the Applicants or the other concerned stakeholders with conflicting requests do notachieve an agreement within the coordination process and equally qualify for the pathallocation (according to the evaluation criteria, indicated in Annex 4/2 of this document), acongested infrastructure capacity allocation process is implemented (see Section 4.4.3. ofthis document).After coordination process for a new timetable period the Agency shall prepare the draftnetwork timetable. It contains requested and available train paths. Train paths forlocomotive run in junction stations are not taken into account in the draft networktimetable. The Agency shall send the draft network timetable to the Manager not later thanfive months before the new timetable period.After coordination and final preparation of materials the Agency forwards the elaboratedtrain paths draft to the Applicants and other stakeholders, who wish to influence on thenetwork timetable.The Manager, Applicants and other stakeholders shall send their possible comments withinthe time limit set by the Agency (not less than one month period).Within the prescribed time period the Agency gathered possible comments on draft networktimetable and try to handle the conflicting requests in the consultation process.4.4.2. Fast-track procedure for Dispute ResolutionAlong with the existing legal means of appeal to the regulatory body there is also a fast-trackprocedure for dispute resolution which is carried out by the Agency and is only an interimtool in coordination process. A decision in this case shall be issued within 10 (ten) workingdays.The contact persons at the Agency, responsible for conflict resolution, are indicated inSection 1.8.2. of this document.4.4.3. Congested InfrastructureIf after coordination process the requirements for train path allocation cannot be met fullyor the demand for infrastructure capacity cannot be satisfied, the Agency shall immediatelyproclaim that part of the infrastructure as congested infrastructure. The same is to be madefor infrastructure with obviously insufficient capacity in the future.If a section or a part of the PRI is proclaimed as congested infrastructure, the Agency shallperform a capacity analysis, unless a capacity expansion plan has already been performed.If the usage charge for the PRI does not allow capacity expansion of the PRI segment or part,which is proclaimed as congested infrastructure, the Agency may use the additional factorsin path allocation process, besides the above mentioned factors: importance of the transport service for the wider community in terms of enablingother services and the possible consequences of allocation or non-allocation of thePAGE 46
Slovenske železnice - Infrastruktura d.o.o. – Network Statement of the Republic of Slovenia 2014 – 9.12.2012 – 0path; importance of the freight service with regard to provision of international rail freighttraffic.During the coordination process the Agency shall handle the conflicting requests. If the pathallocation is impossible even after the implementation of path construction process on acongested infrastructure and coordination (since competing Applicants meet defined criteriaand attain equal rights to allocation), then the Agency triggers tender offer, in which thetrain path is allocated to the Applicant who is prepared to pay the highest user charge. TheAgency shall inform the regulatory body about the tender.The tender starts when the Agency invites the Applicants with conflicting requests to posttheir offers for the user charge within 5 (five) days of the receipt of the call for tender. Thenegotiations shall take place exclusively under the supervision of the regulatory body.In case the Applicant with a disputable request fails to forward a written offer for the highestusage charge to the Agency in due time, it would be considered as an allocation requestwithdrawal. It would lead to compensation to the Agency for its procedural costs.Upon receiving the written offers, the Agency shall examine them closely, and within 5 (five)days shall decide on the path allocation on the basis of the highest offered usage charge. TheAgency shall inform all tender participants on the allocation decision. Participants who failedto obtain a train path may make an appeal against this decision. The regulatory body makesthe decision on the appeal against the decision for path allocation issued by the Agency. Ifirregularities are discovered in the selection process, the appellant can request to repeat thetender.4.4.4. Decision on Train Path AllocationBased on the elaborated and by an ordering party confirmed train path, the Agency issues tothe Applicant a decision on train path allocation.The fee for the issued decision is regulated by the Administrative Fees Act - ZUT-UPB6(Official Journal of the RS, No. 106/2010) in accordance with the tariff 35/2.a.After the receipt of the decision and before the beginning of delivery of the rail transportservices the Applicant shall sign a Contract from Section 6.1.1. of this document with theAgency.4.4.5. Impact of Framework AgreementsThe Agency and the Applicant may sign a Framework Agreement, where the characteristicsof infrastructure capacity are determined for the period exceeding one network timetableperiod.The Framework Agreement does not specify the train path in detail, but seeks to meet thelegitimate commercial needs of the applicant.The signed Framework Agreement does not prevent the usage of the certain infrastructureby the other applicants or for the other rail services.In the Framework Agreement the defined requirements of an Applicant should not occupymore than 75% of infrastructure capacity of a rail line or a rail line segment in one hour.PAGE 47
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Network Statement 2014 - Slovenske Å¾eleznice

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