Directive 2012/34/EU of the European Parliament and of the Council of 21 November…

Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) Text with EEA relevance

directive · European Union · 32012L0034

566 provisions in 1846 nodes · 119 provisions hand work to national law

Defined terms · All instruments · Internet · TRIPS · accounting · administrative formalities · branch · business management · commercial contract · company law

CHAPTER I GENERAL PROVISIONS

Article 1 Subject-matter and scope

Article 2 Exclusions from the scope

Article 3 Definitions

CHAPTER II DEVELOPMENT OF THE UNION RAILWAYS

SECTION 1 Management independence

Article 4 Independence of railway undertakings and infrastructure managers

Division

Article 5 Management of the railway undertakings according to commercial principles

SECTION 2 Separation of infrastructure management and transport operations and of different types of transport operations

Article 6 Separation of accounts

Division

Article 7 Independence of essential functions of an infrastructure manager

SECTION 3 Improvement of the financial situation

Article 8 Financing of the infrastructure manager

Division

Article 9 Transparent debt relief

Division

SECTION 4 Access to railway infrastructure and services

Article 10 Conditions of access to railway infrastructure

Division

Article 11 Limitation of the right of access and of the right to pick up and set down passengers

Article 12 Levy on railway undertakings providing passenger services

Division

Article 13 Conditions of access to services

Division

SECTION 5 Cross-border agreements

Article 14 General principles for cross-border agreements

Division

SECTION 6 Monitoring tasks of the Commission

Article 15 Scope of market monitoring

CHAPTER III LICENSING OF RAILWAY UNDERTAKINGS

SECTION 1 Licensing authority

Article 16 Licensing authority

Division

SECTION 2 Conditions for obtaining a licence

Article 17 General requirements

Division

Article 18 Conditions for obtaining a licence

Division

Article 19 Requirements relating to good repute

Article 20 Requirements relating to financial fitness

Division

Article 21 Requirements relating to professional competence

Division

Article 22 Requirements relating to cover for civil liability

Division

SECTION 3 Validity of the licence

Article 23 Spatial and temporal validity

Division

Article 24 Temporary licence, approval, suspension and revocation

Division

Article 25 Procedure for granting licences

Division

CHAPTER IV LEVYING OF CHARGES FOR THE USE OF RAILWAY INFRASTRUCTURE AND ALLOCATION OF RAILWAY INFRASTRUCTURE CAPACITY

SECTION 1 General principles

Article 26 Effective use of infrastructure capacity

Division

Article 27 Network statement

Division

Article 28 Agreements between railway undertakings and infrastructure managers

Division

SECTION 2 Infrastructure and services charges

Article 29 Establishing, determining and collecting charges

Division

Article 30 Infrastructure cost and accounts

Division

Article 31 Principles of charging

Division

10.

Division

Article 32 Exceptions to charging principles

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Article 33 Discounts

Division

Article 34 Compensation schemes for unpaid environmental, accident and infrastructure costs

Division

Article 35 Performance scheme

Division

Article 36 Reservation charges

Division

Article 37 Cooperation in relation to charging systems on more than one network

Division

SECTION 3 Allocation of infrastructure capacity

Article 38 Capacity rights

Division

Article 39 Capacity allocation

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Article 40 Cooperation in the allocation of infrastructure capacity on more than one network

Division

Article 41 Applicants

Division

Article 42 Framework agreements

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Article 43 Schedule for the allocation process

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Article 44 Applications

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Article 45 Scheduling

Division

Article 46 Coordination process

Article 47 Congested infrastructure

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Article 48 Ad hoc requests

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Article 49 Specialised infrastructure

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Article 50 Capacity analysis

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Article 51 Capacity-enhancement plan

Article 52 Use of train paths

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Article 53 Infrastructure capacity for maintenance work

Division

Article 54 Special measures to be taken in the event of disturbance

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SECTION 4 Regulatory body

Article 55 Regulatory body

Division

Article 56 Functions of the regulatory body

Article 57 Cooperation between regulatory bodies

Division

CHAPTER V FINAL PROVISIONS

Article 58 Public procurement rules

Division

Article 59 Derogations

Article 60 Exercise of the delegation

Division

Article 61 Measures of application

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Article 62 Committee procedure

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Article 63 Report

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Article 64 Transposition

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Article 65 Repeal

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Article 66 Entry into force

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Article 67 Addressees

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Preamble

ANNEX I

LIST OF RAILWAY INFRASTRUCTURE ITEMS

Division

ANNEX II

SERVICES TO BE SUPPLIED TO THE RAILWAY UNDERTAKINGS (referred to in Article 13)

FINANCIAL FITNESS (referred to in Article 20)

CONTENTS OF THE NETWORK STATEMENT (referred to in Article 27)

BASIC PRINCIPLES AND PARAMETERS OF CONTRACTUAL AGREEMENTS BETWEEN COMPETENT AUTHORITIES AND INFRASTRUCTURE MANAGERS (referred to in Article 30)

REQUIREMENTS FOR COSTS AND CHARGES RELATED TO RAILWAY INFRASTRUCTURE (referred to in Article 32(1) and Article 35)

SCHEDULE FOR THE ALLOCATION PROCESS (referred to in Article 43)

Division

ANNEX VIII

ACCOUNTING INFORMATION TO BE SUPPLIED TO THE REGULATORY BODY UPON REQUEST (referred to in Article 56(12))