S.I. No. 249/2015 - European Union (Regulation of Railways) Regulations 2015

may, within the period specified in paragraph (2), appeal against that decision to the regulatory body.

• (2) An appeal under paragraph (1) shall be made by delivering a written notice of appeal to the regulatory body not later than 21 days after the date that the applicant is notified of the decision being appealed.

• (3) On receipt of a notice of an appeal under paragraph (2) the regulatory body shall inform the EFB, the infrastructure manager, the railway undertaking or the operator of a service facility, as applicable, of the receipt of the appeal.

(4)(a) The regulatory body has power to request relevant information from the EFB, the infrastructure manager, the railway undertaking, the operator of a service facility and any third party involved within the State or in any other Member State concerned.

• (b) Information requested by the regulatory body under subparagraph (a) shall be supplied within a reasonable period set by the regulatory body that shall not exceed 1 month, unless, in exceptional circumstances, the regulatory body agrees to, and authorises, a time-limited extension, which shall not exceed 2 additional weeks.

• (5) After considering an appeal the regulatory body may—

• (a) confirm the decision of the EFB, the infrastructure manager, the railway undertaking or the operator of a service facility, as applicable, or

• (b) substitute its decision for that of the EFB, the infrastructure manager, the railway undertaking or the operator of a service facility, as applicable, and that decision shall take effect as if made by the EFB, the infrastructure manager, the railway undertaking or the operator of a service facility, as applicable.

• (6) The regulatory body upon hearing an appeal under paragraph (1) shall—

• (a) make a decision under paragraph (5) within 2 months after the submission of all information relevant to the appeal, and

• (b) by written notice, inform the appellant and the EFB, the infrastructure manager, the railway undertaking or the operator of a service facility, as applicable of its decision including the reason or reasons for the decision.

• (7) A decision of the regulatory body under paragraph (6) shall be binding on all parties covered by that decision.

• (8) The regulatory body shall publish its decisions.

• (9) If the appellant referred to in paragraph (1) is dissatisfied with the decision of the regulatory body, that party may appeal to the High Court within 21 days of the date of the decision of the regulatory body.

• (10) On hearing an appeal under paragraph (9) the High Court may either confirm or vary the decision of the regulatory body or uphold the complaint.

• (11) On receipt of a notice of appeal by the EFB under paragraph (1) against a decision on the charging of infrastructure charges, the requirement to pay the charges shall be suspended pending the final determination of the appeal.

Complaints

• (a) the network statement in its provisional and final versions;

• (b) the criteria set out in the network statement;

• (c) the allocation process and its result;

• (d) the charging scheme;

• (e) the level or structure of infrastructure charges which it is, or may be, required to pay;

• (f) arrangements for access under Regulations 12 and 14;

• (g) access to and charging for services in accordance with Regulation 14.

• (2) The regulatory body shall consider any complaints received under paragraph (1).

(3)(a) On receipt of a complaint under paragraph (1) the regulatory body shall inform all relevant parties of the receipt of a complaint and shall, within 1 month from receipt of a complaint, request relevant information and initiate consultations with all relevant parties.

• (b) Information requested by the regulatory body under subparagraph (a) shall be supplied within a reasonable period set by the regulatory body that shall not exceed 1 month, unless, in exceptional circumstances, the regulatory body agrees to, and authorises, a time-limited extension, which shall not exceed 2 additional weeks.

• (4) After considering a complaint the regulatory body shall decide on the complaint, take action to remedy the situation and, in accordance with paragraph (5) inform the relevant parties of its reasoned decision.

• (5) The regulatory body shall, within a pre-determined reasonable time, and, in any case, within 6 weeks from receipt of all information relevant to the complaint, by written notice, inform the complainant and the other relevant parties of its decision including the reason or reasons for the decision.

• (6) A decision of the regulatory body under paragraph (4) shall be binding on all parties covered by that decision.

• (7) The regulatory body, may, with or without a complaint being made under paragraph (1), decide on appropriate measures to correct undesirable developments in the rail services markets.

• (8) If the party that lodged a complaint referred to in paragraph (1) is dissatisfied with the decision of the regulatory body, that party may appeal to the High Court within 21 days of the date of the decision of the regulatory body.

• (9) On hearing an appeal under paragraph (8) the High Court may either confirm or vary the decision of the regulatory body or uphold the complaint.

Compliance notice given by regulatory body, right of appeal and court compliance order

• (2) Where the regulatory body proposes to give a compliance notice under paragraph (1), it shall first notify the EFB, infrastructure manager or operator of service facilities concerned in writing of its intention to give a compliance notice under this Regulation and the EFB, infrastructure manager or operator of service facilities in question may, within 21 days, make representations to the regulatory body, who shall consider them.

• (3) Where the regulatory body decides, having considered any representations made to it under paragraph (2), to give a compliance notice, the EFB, infrastructure manager or operator of service facilities which is aggrieved by such compliance notice may, within the period of 14 days beginning on the day on which the notice is given to it, appeal to the High Court against the notice and in determining the appeal the judge may—

• (a) if he or she is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification, or

• (b) cancel the notice.

• (4) The EFB, infrastructure manager or an operator of service facilities who appeals against a compliance notice shall at the same time notify the regulatory body of the appeal and the grounds for appeal and the regulatory body shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

• (5) Where an appeal against a compliance notice is taken, the notice shall take effect on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or on the day specified in the notice as that one which it is to come into effect, whichever is the later.

• (6) Where no appeal is taken against a compliance notice, the notice shall take effect on the expiration of the period during which such an appeal may be taken or on the day specified in the notice as that on which it is to come into effect, whichever is the later.

• (7) The regulatory body may withdraw a compliance notice given under paragraph (1) at any time before a date specified therein or it may extend and further extend such date at any time when an appeal against the notice is not pending.

• (8) Where the EFB, the infrastructure manager or an operator of service facilities, to whom a compliance notice has been given under paragraph (1) fails to comply with the notice within the specified period, the regulatory body may make an application to the High Court for an order to comply with the notice. The Court may make such order as it sees fit.

Determination of principal purpose of proposed international passenger rail service

• (2) The regulatory body shall determine whether the principal purpose of a service for which access has been requested under Regulation 12(1) is to carry passengers between stations located in different Member States, following a request from the competent authority, the award body for the public service contracts, the infrastructure manager, or the railway undertaking performing the public service contract.

• (3) The regulatory body may determine that the EFB limits the right of access defined in Regulation 12(1) on proposed services between a place of departure and a destination which are covered by one or more public service contracts.

• (4) A limitation to the right of access under paragraph (3) may not have the effect of restricting the right to pick up passengers at any station located on the route of an international service and to set them down at another, including stations located in the same Member State, except where the exercise of this right would compromise the economic equilibrium of a public service contract.

• (5) A determination made under paragraph (2) or (3) by the regulatory body shall be based on an objective economic analysis and pre-determined criteria.

• (6) The competent authority, the award body for the public service contract and the railway undertakings providing the public services shall provide the regulatory body with the information reasonably required under paragraph (2) or (3) in order for the regulatory body to reach a decision.

• (7) The regulatory body shall consider the information provided under paragraph (6), consulting all the relevant parties as appropriate, and shall inform the relevant parties of its reasoned decision within a pre-determined, reasonable time, and, in any case, within 2 months of receipt of all relevant information. The regulatory body shall give the grounds for its decision and specify the time period within which, and the conditions under which, a request for a reconsideration of the decision can be made.

• (8) A request for a reconsideration of the decision made under paragraph (7) may be made by the competent authority, the award body for the public service contracts, the EFB, the infrastructure manager concerned, the railway undertaking performing the public service contract or the railway undertaking seeking access.

Part 4 Licensing of Railway Undertakings

Application (Part 4)

• (2) In this Part, “licence” means, except in Regulation 50, an authorisation which—

• (a) is issued by the licensing authority under Regulation 38 to a railway undertaking, and

• (b) subject to any limitations as to the specific services that may be provided, recognises the undertakings capacity as a railway undertaking,

but which shall not, in itself, entitle the railway undertaking access to railway infrastructure.

• (3) Upon review of a licence under this Part, the licensing authority may renew, suspend, revoke or amend such licence.

Designation and functions of Railway Safety Commission as licensing authority

• (2) The licensing authority may—

• (a) limit the services that may be provided under a licence,

• (b) incorporate in a licence conditions requiring the licensee to submit to a review of its licence at least every 5 years during the currency of the licence, and

• (c) incorporate in a licence specific conditions governing the suspension or revocation of the licence.

• (3) The licensing authority shall not provide rail transport services itself and shall be independent of firms or entities that do so.

Prohibition on providing rail transport services without licence

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment, to a fine not exceeding €300,000.

Application for licence

• (2) Each railway undertaking shall comply with the licensing requirements of these Regulations.

• (3) The licensing authority shall not issue a licence or extend the validity of a licence unless the railway undertaking complies with the licensing requirements of these Regulations.

• (4) Each railway undertaking applying for a licence shall demonstrate to the licensing authority before the start of its activities that it will at any time be able to meet the requirements relating to good repute, financial fitness, professional competence and cover for its civil liability and, for those purposes, shall provide all relevant information to the licensing authority.

• (5) An application for a licence shall be in such form as the licensing authority may from time to time direct and be accompanied by the following:

• (a) appropriate written proof that the railway undertaking is established in the State;

• (b) an affidavit for the purposes of good repute in accordance with Regulation 39;

• (c) the particulars listed in Schedule 8 and such other information concerning the financial fitness of the railway undertaking as the licensing authority may reasonably request for the performance of its functions under these Regulations to verify the financial fitness of the undertaking;

• (d) appropriate written proof that the railway undertaking meets the requirements relating to professional competence;

• (e) appropriate written proof that the railway undertaking maintains adequate insurance cover or has made arrangements having equivalent effect for cover of its liabilities in the event of accidents, in particular in respect of passengers, luggage, freight, mail and third parties;

• (f) appropriate written proof that the railway undertaking intending to operate international goods services complies with the customs and tax regulations of any Member State in which it proposes to operate services;

• (g) the application fee required under Regulation 46(1)(c).

• (6) The licensing authority may—

• (a) seek further particulars of any matter that appears to it to be relevant to its consideration of an application, and

• (b) require those particulars to be given by means of an affidavit or statutory declaration or in such other manner as it may direct.

• (7) The licensing authority may make any enquiries that it sees fit in order to verify the following:

• (a) any information contained in an application for a licence or in an accompanying affidavit, statutory declaration or particulars given in another manner that was directed by it;

• (b) any particulars given to it under paragraph (5).

• (8) The requirements relating to financial fitness shall be met when a railway undertaking applying for a licence can demonstrate that it will be able to meet its actual and potential obligations, established under realistic assumptions, for a period of 12 months.

(9)(a) The licensing authority shall verify financial fitness especially by means of a railway undertaking’s annual accounts or, in the case of undertakings applying for a licence which are unable to present annual accounts, a balance sheet. Each undertaking applying for a licence shall provide at least the information listed in Schedule 7.

• (b) The licensing authority shall not consider a railway undertaking applying for a licence to be financially fit if considerable or recurrent arrears of taxes or social security are owed as a result of that undertaking’s activity.

• (10) The requirements relating to professional competence shall be met when a railway undertaking applying for a licence can demonstrate that it has or will have a management organisation which possesses the knowledge or experience necessary to exercise safe and reliable operational control and supervision of the type of operations specified in the licence.

• (11) A railway undertaking shall be adequately insured to cover for civil liability or have adequate guarantees under market conditions for cover of its liabilities in the event of accidents, in particular in respect of passengers, luggage, freight, mail and third parties.

• (12) A person who for the purpose of obtaining a licence or satisfying any requirements specified in this Part, makes a declaration or statement or provides any information which is false or which, to his or her knowledge, is misleading in a material respect, commits an offence and is liable—

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment, to a fine not exceeding €200,000.

Issue of licences

• (a) in accordance with Regulation 39, the requirement of good repute, and

• (b) in accordance with Regulation 37, the requirements relating to financial fitness, professional competence and cover for civil liability.

• (2) A licence issued under paragraph (1) shall be in such form as the licensing authority may from time to time direct.

• (3) The licensing authority’s decision in respect of an application for the issue of a licence shall be made as soon as possible and, in any event, not later than 3 months from the date of receipt, by the licensing authority, of all relevant information from the railway undertaking. In particular, the relevant information shall include the information relating to financial fitness referred to in Schedule 8. The railway undertaking shall be notified in writing of the licensing authority’s decision and the grounds for that decision as soon as possible.

• (4) Specific conditions governing the suspension or revocation of a licence may be incorporated in the licence itself.

• (5) A licence shall be valid as long as the railway undertaking complies with the licensing requirements of these Regulations.

• (6) The licensing authority shall immediately inform the European Railway Agency of the fact of the issue of a licence.

• (7) A licence issued by the licensing authority in another Member State is valid in the State.

Good repute

• (a) neither the railway undertaking nor any person in charge of its management has been convicted of a criminal offence including offences of a commercial nature or offences applicable to transport under the laws of the State or under the laws of a foreign state, for which the penalty upon conviction was at least one, or both, of the following punishments, or their equivalent under the law of a foreign state—

• (i) a sentence of imprisonment exceeding 3 years, or

• (ii) a fine exceeding €10,000,

• (b) neither the railway undertaking nor any person in charge of its management—

• (i) has been declared bankrupt,

• (ii) has made (whether as an individual or otherwise and whether under the control of a court or otherwise) a composition or arrangement with creditors,

• (iii) has been in charge of the management of a company or cooperative which has been wound up by a court or which has committed any act of insolvency, or

• (iv) in the case of an undertaking that is an individual or a partnership, the individual or any partner in the partnership has not been declared bankrupt or has not made (whether as an individual or as a partner in a partnership and whether under the control of a court or otherwise) a composition or arrangement with creditors, and

• (c) neither the railway undertaking nor any person in charge of its management has been convicted of serious or repeated failure, under the laws of the State or under the laws of a foreign state, to fulfil social or labour law obligations, including obligations under occupational health and safety legislation, and customs law obligations in the case of a company seeking to operate cross-border freight transport subject to customs procedures.

• (2) In determining whether a railway undertaking is of good repute the licensing authority shall also have regard to all relevant evidence, including any information in its possession as to the previous conduct of any officer of the undertaking if that conduct appears to it to relate to the railway undertakings fitness to hold a licence.

• (3) For the purposes of this Regulation, a person shall be considered—

• (a) to be in charge of the management of a railway undertaking if that person is a director, manager, secretary or other officer of the undertaking or purports to act in such capacity, and

• (b) to have been in charge of the management of a company or cooperative if that person was a director, manager, secretary or other officer of the company or cooperative or purported to act in such capacity.

Duty of licensee to comply

Review of licence

• (a) shall determine whether or not the licensee continues to comply with the requirements imposed by or under these Regulations and the conditions of the licence, and

• (b) may require the licensee to provide the licensing authority with any information it considers necessary for the purposes of making that determination.

• (2) On submitting to a review of a licence, the licensee shall—

• (a) provide any information required under paragraph (1)(b), and

• (b) pay the fee specified under Regulation 46(1)(c).

(3)(a) In the event of a change to a licensees legal situation, in particular following a change in the control or ownership of the licensee as a result of a merger with, or take-over by another railway undertaking, the licensing authority may require the licensee to submit its licence for review.

• (b) The licensee may continue operations while its licence is under review unless the licensing authority is satisfied that safety is jeopardised by the change.

• (c) The licensee shall discontinue operations immediately upon being notified by the licensing authority of its decision that safety has been, or will be, jeopardised. Such notification shall be in writing and shall include the grounds for the decision of the licensing authority.

• (4) When a licensee intends to significantly change or extend its activities from those in respect of which a licence was issued to it, the licensee shall submit its licence to the licensing authority for review.

• (5) Upon review of a licence under this Regulation, the licensing authority may renew, suspend, revoke or amend such licence. The licensee shall be notified in writing of the licensing authority’s decision and the grounds for its decision.

• (6) If the licensing authority has serious doubt that a licensee continues to comply with the requirements of these Regulations, the licensing authority may, at any time, require the licensee to submit its licence for review under this Regulation for the purposes of determining whether the licensee continues to comply with the requirements of these Regulations.

• (7) When a licensee has ceased operations for, or has not commenced operations, 6 months after the issuing of a licence, the licensing authority may require the licensee to submit the licence for review. In respect of the commencement of operations, the licensee may request a longer time period on the basis of the specific nature of the services to be provided by the licensee.

Suspension and revocation of licence

• (2) The licensing authority may suspend a licence if the licensee—

• (a) has ceased operations for 6 months, or

• (b) has not started operations within 6 months after the issue of the licence or within a longer period agreed to by the licensing authority.

• (3) Subject to paragraph (4), the licensing authority shall suspend or revoke a licence where the licensing authority is satisfied that the licensee can no longer satisfy the requirements specified in these Regulations.

• (4) The licensing authority shall revoke a licence of a railway undertaking if bankruptcy or similar proceedings have been commenced for the winding up of the licensee on the grounds that the licensee is unable to pay its debts and the licensing authority is satisfied that there is no reasonable prospect of satisfactory financial restructuring of the licensee within a reasonable period of time.

• (5) When the licensing authority suspends, revokes, or amends a licence, it shall immediately inform the European Railway Agency of the fact of the suspension, revocation, or amendment of that licence.

• (6) Where the licensing authority has suspended or revoked a licence solely on the grounds of non-compliance with the requirements of financial fitness, but considers that there is a realistic prospect of a satisfactory re-organisation of the licensee taking place within a reasonable period of time, the licensing authority may, provided the licensing authority is satisfied that safety is not jeopardised, issue a temporary licence to the licensee, valid for a period of time not exceeding 6 months, pending such re-organisation.

• (7) The licensee shall be notified in writing of the licensing authoritys proposal or decision to suspend or revoke a licence and the grounds for that proposal or decision.

Representations and appeals

• (2) Where the licensing authority decides to refuse an application for, suspend, or revoke a licence the railway undertaking or the licensee, as the case may be, may, not later than 21 days after notification of the decision was issued to the railway undertaking or licensee, appeal against that decision to the High Court.

• (3) A decision of the licensing authority to refuse an application for, suspend, or revoke, a licence shall take effect on the expiry of the period of 21 days after notification of the decision was issued to the railway undertaking or licensee.

• (4) On hearing an appeal under paragraph (2), the High Court may either confirm the licensing authoritys decision or allow the appeal.

• (5) If an appeal is allowed, the licensing authority shall—

• (a) issue the licence, if the appeal is from a decision to refuse an application for a licence, or

• (b) cancel the suspension or revocation, if the appeal is from a decision to suspend or revoke the licence.

• (6) Notwithstanding paragraph (3), in the case of an appeal from a decision of the licensing authority to suspend or revoke a licence, the licensee may apply to the High Court for an order suspending the decision of the licensing authority until such time as the appeal is determined by the High Court or otherwise disposed of by the parties.

• (7) If the High Court grants an order pursuant to an application under paragraph (6), it may do so subject to such terms and conditions deemed appropriate by the High Court.

• (8) Any decision or proposal of the licensing authority may be appealed to the High Court not later than 21 days of the date of the issue of notification of the decision or proposal to the applicant or licensee.

Publication of notice of issue, suspension or revocation of licence

Railway licences register

• (2) The railway licences register shall be open to inspection by any person during normal office hours subject to written application and payment of the fee specified in Regulation 46(1)(a).

• (3) Any person shall be entitled to obtain from the licensing authority a copy of any entry in the railway licences register on written application and payment of the fee specified in Regulation 46(1)(b).

• (4) Every document purporting to be a copy of an entry in the railway licences register and purporting to be certified by an officer of the licensing authority as a true copy of the entry shall without proof of the signature of the person purporting to so certify or proof that he or she was an officer of the licensing authority, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry and be evidence of the terms of the entry.

• (5) The licensee shall within 21 days after any change in a licensee’s name or address, notify the licensing authority of the change.

Fees

• (a) for inspection of the railway licences registry, a fee of €6.35 per hour or part thereof;

• (b) for the provision of a certified copy of any entry in the railway licences registry, a fee of €12.70 per copy;

• (c) for an application for, or upon review of, a licence, a fee in an amount as may be specified by the licensing authority from time to time in consultation with the Minister.

• (2) The fees paid to the licensing authority under this Regulation shall accrue to the authority and shall be applied for the purpose of meeting expenses properly incurred by the authority in the discharge of its functions.

Service of notices

• (a) by delivering it in person;

• (b) by leaving it at the address at which the person ordinarily resides or carries on business;

• (c) by sending it by post in a pre-paid registered letter or by any other form of recorded delivery service, addressed to the person at the address at which the person ordinarily resides or carries on business;

• (d) if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by pre-paid registered post or by any other form of recorded delivery service addressed to the person to, that address;

• (e) in any case where the regulatory body considers that the immediate giving of the notice is required, by sending it, by means of a facsimile machine or electronic mail, to a device or facility for the reception of facsimiles or electronic mail located at the address at which the person ordinarily resides or carries on business or, if an address for the service of notices has been furnished by the person, that address, provided that the sender’s—

• (i) facsimile machine generates a message confirming successful transmission of the total number of pages of the notice, or

• (ii) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail.

• (2) For the purposes of this Regulation, a company registered under the Companies Act 2014 , shall be deemed to be ordinarily resident at its registered office and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

Offence by railway undertaking management

• (2) Where the affairs of a railway undertaking are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or other officer of the railway undertaking.

Prosecutions by licensing authority

Recognition of validity of licences issued by other Member States

• (2) If the licensing authority is satisfied that there is serious doubt regarding compliance with the requirements of the Directive on the part of a railway undertaking to which a licence has been issued by the licensing authority of another Member State, the licensing authority shall inform the licensing authority in that other Member State in question, immediately.

Saver, continuity and completion of matters, etc

• (a) any licence that was issued to a railway undertaking by the Minister under the Regulations of 2003 shall continue in force and may be reviewed, renewed, amended, suspended, or revoked by the licensing authority as if it had been issued under these Regulations,

• (b) any reference to a licence that was issued by the Minister under the Regulations of 2003 and any reference in any enactment or elsewhere to such a licence is deemed to be a reference to a licence issued by the licensing authority under these Regulations, and

• (c) anything commenced but not completed by an applicant, a licensee or the licensing authority under the Regulations of 2003 before the enactment of these Regulations may, in so far as it relates to Part 4 of these Regulations, be carried on and completed by an applicant, a licensee or the licensing authority under these Regulations.

• (2) Any matter that was done by the infrastructure manager or a railway undertaking under the European Communities (Railway Infrastructure) Regulations 2010 ( S.I. No. 55 of 2010 ), in so far as it relates to a matter in these Regulations, is deemed to have been done under these Regulations.

SCHEDULE 1

Regulation 2

LIST OF RAILWAY INFRASTRUCTURE ITEMS

Railway infrastructure consists of the following items, provided they form part of the permanent way, including sidings, but excluding lines situated within railway repair workshops, depots or locomotive sheds, and private branch lines or sidings:

— Ground area,

— Track and track bed, in particular embankments, cuttings, drainage channels and trenches, masonry trenches, culverts, lining walls, planting for protecting side slopes, etc.; passenger and goods platforms, including in passenger stations and freight terminals; four-foot way and walkways; enclosure walls, hedges, fencing; fire protection strips; apparatus for heating points; crossings etc.; snow protection screens,

— Engineering structures: bridges, culverts and other overpasses, tunnels, covered cuttings and other underpasses; retaining walls, structures for protection against avalanches, falling stones, etc.,

— Level crossings, including appliances to ensure the safety of road traffic,

— Superstructure, in particular: rails, grooved rails and check rails; sleepers and longitudinal ties, small fittings for the permanent way, ballast including stone chippings and sand; points, crossings, etc.; turntables and traverses (except those reserved exclusively for locomotives),

— Access way for passengers and goods, including access by road and access for passengers arriving or departing on foot,

— Safety, signalling and telecommunications installations on the open track, in stations and in marshalling yards, including plant for generating, transforming and distributing electric current for signalling and telecommunications; buildings for such installations or plant; track brakes,

— Lighting installations for traffic and safety purposes,

— Plant for transforming and carrying electric power for train haulage: substations, supply cables between substations and contact wires, catenaries and supports; third rail with supports,

— Buildings used by the infrastructure department, including a proportion of installations for the collection of transport charges.

SCHEDULE 2

Regulations 2, 12, 14 and 25

SERVICES TO BE SUPPLIED TO THE RAILWAY UNDERTAKINGS

• (a) handling of requests for railway infrastructure capacity;

• (b) the right to utilise capacity which is granted;

• (c) use of the railway infrastructure, including track points and junctions;

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

• (e) use of electrical supply equipment for traction current, where available;

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

• (a) passenger stations, their buildings and other facilities, including travel information display and suitable location for ticketing services;

• (b) freight terminals;

• (c) marshalling yards and train formation facilities, including shunting facilities;

• (d) storage sidings;

• (e) maintenance facilities, with the exception of heavy maintenance facilities dedicated to high-speed trains or to other types of rolling stock requiring specific facilities;

• (f) other technical facilities, including cleaning and washing facilities;

• (g) maritime and inland port facilities which are linked to rail activities;

• (h) relief facilities;

• (i) refuelling facilities and supply of fuel in these facilities, charges for which shall be shown on the invoices separately.

• (a) traction current, charges for which shall be shown on the invoices separately from charges for using the electrical supply equipment.

• (b) pre-heating of passenger trains;

• (c) tailor-made contracts for—

• (i) control of transport of dangerous goods, or

• (ii) assistance in running abnormal trains.

• (a) access to telecommunication networks;

• (b) provision of supplementary information;

• (c) technical inspection of rolling stock;

• (d) ticketing services in passenger stations;

• (e) heavy maintenance services supplied in maintenance facilities dedicated to high-speed trains or to other types of rolling stock requiring specific facilities.

SCHEDULE 3

Regulation 8

BASIC PRINCIPLES AND PARAMETERS OF CONTRACTUAL AGREEMENTS BETWEEN COMPETENT AUTHORITY AND INFRASTRUCTURE MANAGERS

The contractual agreement shall specify the provisions of Regulation 8 and include at least the following elements:

• (1) the scope of the agreement as regards infrastructure and service facilities, structured in accordance with Schedule 2. It shall cover all aspects of infrastructure management, including maintenance and renewal of the infrastructure already in operation. Where appropriate, construction of new infrastructure may also be covered;

• (2) the structure of payments or funds allocated to the infrastructure services listed in Schedule 2, to maintenance and renewal and to dealing with existing maintenance and renewal backlogs. Where appropriate, the structure of payments or funds allocated to new infrastructure may be covered;

• (3) user-oriented performance targets, in the form of indicators and quality criteria covering elements such as:

• (a) train performance, such as in terms of line speed and reliability, and customer satisfaction,

• (b) network capacity,

• (c) asset management,

• (d) activity volumes,

• (e) safety levels, and

• (f) environmental protection;

• (4) the amount of possible maintenance backlog and the assets which will be phased out of use and therefore trigger different financial flows;

• (5) any incentives as referred to in Article 30(1) of the Directive, relating to the agreement under Regulation 8, with the exception of those incentives implemented through any regulatory measures put in place for the purposes of Article 30(3) of the Directive;

• (6) minimum reporting obligations for the infrastructure manager in terms of content and frequency of reporting, including information to be published annually;

• (7) the agreed duration of the agreement, which shall be synchronised and consistent with the duration of the infrastructure managers business plan, concession or licence, where appropriate, and the charging framework and rules set by the State;

• (8) rules for dealing with major disruptions of operations and emergency situations, including contingency plans and early termination of the contractual agreement, and timely information to users;

• (9) remedial measures to be taken if either of the parties is in breach of its contractual obligations, or in exceptional circumstances affecting the availability of public funding; this includes conditions and procedures for renegotiation and early termination.

SCHEDULE 4

Regulations 11 and 16

CONTENTS OF THE NETWORK STATEMENT

The network statement referred to in Regulation 11 shall contain the following information:

• (a) the procedures according to which applicants may request capacity from the infrastructure manager;

• (b) the requirements governing applicants;

• (c) the schedule for the application and allocation processes and the procedures which shall be followed to request information on the scheduling and the procedures for scheduling planned and unforeseen maintenance work;

• (d) the principles governing the coordination process and the dispute resolution system made available as part of this process;

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

• (f) details of restrictions on the use of infrastructure;

• (g) conditions by which 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 adequate treatment of freight services, international services and requests subject to the ad hoc procedure. It shall contain a template form for capacity requests. The EFB shall also publish detailed information about the allocation procedures for international train paths.

SCHEDULE 5

Regulation 20(1)

SCHEDULE FOR THE ALLOCATION PROCESS

SCHEDULE 6

Regulation 25(10)

REQUIREMENTS FOR COSTS AND CHARGES RELATED TO RAILWAY INFRASTRUCTURE

• (a) passenger versus freight services;

• (b) trains carrying dangerous goods versus other freight trains;

• (c) domestic versus international services;

• (d) combined transport versus direct trains;

• (e) urban or regional versus interurban passenger services;

• (f) block trains versus single wagon load trains;

• (g) regular versus occasional train services.

• (a) In order to achieve an agreed level of performance and not to endanger the economic viability of a service, the infrastructure manager shall agree with applicants the main parameters of the performance scheme, in particular the value of delays, the thresholds for payments due under the performance scheme relative both to individual train runs and to all train runs of a railway undertaking in a given period of time;

• (b) The infrastructure manager shall communicate to the railway undertakings the working timetable, on the basis of which delays will be calculated, at least 5 days before the train run. The infrastructure manager may apply a shorter notice period in case of force majeure or late alterations of the working timetable;

• (c) All delays shall be attributable to one of the following delay classes and sub-classes:

1.1. Timetable compilation

1.2. Formation of train

1.3. Mistakes in operations procedure

1.4. Wrong application of priority rules

1.5. Staff

1.6. Other causes

2.1. Signalling installations

2.2. Signalling installations at level crossings

2.3. Telecommunications installations

2.4. Power supply equipment

2.5. Track

2.6. Structures

2.7. Staff

2.8. Other causes

3.1. Planned construction

3.2. Irregularities in execution of construction work

3.3. Speed restriction due to defective track

3.4. Other causes

4.1. Caused by previous infrastructure manager

4.2. Caused by next infrastructure manager

5.1. Exceeding the stop time

5.2. Request of the railway undertaking

5.3. Loading operations

5.4. Loading irregularities

5.5. Commercial preparation of train

5.6. Staff

5.7. Other causes

6.1. Roster planning/re-rostering

6.2. Formation of train by railway undertaking

6.3. Problems affecting coaches (passenger transport)

6.4. Problems affecting wagons (freight transport)

6.5. Problems affecting cars, locomotives and rail cars

6.6. Staff

6.7. Other causes

7.1. Caused by next railway undertaking

7.2. Caused by previous railway undertaking

8.1. Strike

8.2. Administrative formalities

8.3. Outside influence

8.4. Effects of weather and natural causes

8.5. Delay due to external reasons on the next network

8.6. Other causes

9.1. Dangerous incidents, accidents and hazard

9.2. Track occupation caused by the lateness of the same train

9.3. Track occupation caused by the lateness of another train

9.4. Turn-around

9.5. Connection

9.6. Further investigation needed;

• (d) Wherever possible, delays shall be attributed to a single organisation, considering both the responsibility for causing the disruption and the ability to re-establish normal traffic conditions;

• (e) The calculation of payments shall take into account the average delay of train services of similar punctuality requirements;

• (f) The infrastructure manager shall, as soon as possible, communicate to the railway undertakings a calculation of payments due under the performance scheme. This calculation shall encompass all delayed train runs within a period of at most 1 month;

• (g) Without prejudice to the existing appeal procedures and to the provisions of Regulations 30 and 31, in the case of disputes relating to the performance scheme, a dispute resolution system shall be made available in order to settle such matters promptly. This dispute resolution system shall be impartial towards the parties involved. If this system is applied, a decision shall be reached within a time limit of 10 working days;

• (h) Once a year, the infrastructure manager shall publish the annual average level of performance achieved by the railway undertakings on the basis of the main parameters agreed in the performance scheme.

SCHEDULE 7

Regulations 27, 29(6) and 37(9)

ACCOUNTING INFORMATION TO BE SUPPLIED TO THE REGULATORY BODY UPON REQUEST

• (a) separate profit and loss accounts and balance sheets for freight, passenger and infrastructure management activities;

• (b) detailed information on individual sources and uses of public funds and other forms of compensation in a transparent and detailed manner, including a detailed review of the businesses cash flows in order to determine in what way these public funds and other forms of compensation have been used;

• (c) cost and profit categories making it possible to determine whether cross-subsidies between these different activities occurred, according to the requirements of the regulatory body;

• (d) methodology used to allocate costs between different activities;

• (e) where the regulated firm is part of a group structure, full details of inter-company payments.

• (a) different cost categories, in particular providing sufficient information on marginal/direct costs of the different services or groups of services so that infrastructure charges can be monitored;

• (b) sufficient information to allow monitoring of the individual charges paid for services (or groups of services); if required by the regulatory body, this information shall contain data on volumes of individual services, prices for individual services and total revenues for individual services paid by internal and external customers;

• (c) costs and revenues for individual services (or groups of services) using the relevant cost methodology, as required by the regulatory body, to identify potentially anti-competitive pricing (cross-subsidies, predatory pricing and excessive pricing).

• (a) a statement of financial performance;

• (b) a summary expenditure statement;

• (c) a maintenance expenditure statement;

• (d) an operating expenditure statement;

• (e) an income statement;

• (f) supporting notes that amplify and explain the statements, where appropriate.

SCHEDULE 8

Regulations 37 and 38

FINANCIAL FITNESS

The information to be provided by undertakings applying for a licence in accordance with Regulation 37 covers the following aspects:

• (a) available funds, including the bank balance, pledged overdraft provisions and loans;

• (b) funds and assets available as security;

• (c) working capital;

• (d) relevant costs, including purchase costs of payments to account for vehicles, land, buildings, installations and rolling stock;

• (e) charges on an undertaking’s assets;

• (f) taxes and social security contributions.

GIVEN under my Official Seal,

12 June 2015.

PASCHAL DONOHOE,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to transpose Directive 2012/34/EU (recast) establishing a single European railway area. These Regulations provide for – railway infrastructure management and access, the assignment of an essential functions body, provisions for an infrastructure management agreement and for a framework agreement between infrastructure manager and a railway undertaking, the functions of the infrastructure manager and railway undertakings and the designation of a regulatory body with monitoring, appeals, complaints and compliance functions. The Regulations also provide for the licensing of railway undertakings by a licensing authority. The previous Statutory Instruments on licensing of railway undertakings ( SI No. 537 of 2003 as amended by SI No. 298 of 2010 ) and SI No. 55 of 2010 on railway infrastructure are revoked.

Footnotes