Article 10
Compensation schemes for unpaid environmental, accident and infrastructure costs 1. Member States may put in place a time-limited compensation scheme for the use of railway infrastructure for the demonstrably unpaid environmental, accident and infrastructure costs of competing transport modes in so far as these costs exceed the equivalent costs of rail. 2. Where an operator receiving compensation enjoys an exclusive right, the compensation must be accompanied by comparable benefits to users. 3. The methodology used and calculations performed must be publicly available. It shall in particular be possible to demonstrate the specific uncharged costs of the competing transport infrastructure that are avoided and to ensure that the scheme is granted on non-discriminatory terms to undertakings. 4. Member States shall ensure that such a scheme is compatible with Articles 73, 87 and 88 of the Treaty.
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Source: EUR-Lex (Cellar) · retrieved 2026-10-29 · Text as adopted (Official Journal); later amendments are not incorporated in this text.