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Directive 2012/34/EU of the European Parliament and of the CouncilShow full title

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)

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EU Directives are being published on this site to aid cross referencing from UK legislation. After IP completion day (31 December 2020 11pm) no further amendments will be applied to this version.

  1. Introductory Text

  2. CHAPTER I GENERAL PROVISIONS

    1. Article 1.Subject-matter and scope

    2. Article 2.Exclusions from the scope

    3. Article 3.Definitions

  3. CHAPTER II DEVELOPMENT OF THE UNION RAILWAYS

    1. SECTION 1 Management independence

      1. Article 4.Independence of railway undertakings and infrastructure managers

      2. Article 5.Management of the railway undertakings according to commercial principles

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

      1. Article 6.Separation of accounts

      2. Article 7. Independence of the infrastructure manager

      3. Article 7a. Independence of the essential functions

      4. Article 7b. Impartiality of the infrastructure manager in respect of traffic management and maintenance planning

      5. Article 7c. Outsourcing and sharing the infrastructure manager's functions

      6. Article 7d. Financial transparency

      7. Article 7e. Coordination mechanisms

      8. Article 7f. European Network of Infrastructure Managers

    3. SECTION 3 Improvement of the financial situation

      1. Article 8.Financing of the infrastructure manager

      2. Article 9.Transparent debt relief

    4. SECTION 4 Access to railway infrastructure and services

      1. Article 10.Conditions of access to railway infrastructure

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

      3. Article 11a. High-speed passenger services

      4. Article 12.Levy on railway undertakings providing passenger services

      5. Article 13.Conditions of access to services

      6. Article 13a. Common information and through-ticketing schemes

    5. SECTION 5 Cross-border agreements

      1. Article 14.General principles for cross-border agreements

    6. SECTION 6 Monitoring tasks of the Commission

      1. Article 15.Scope of market monitoring

  4. CHAPTER III LICENSING OF RAILWAY UNDERTAKINGS

    1. SECTION 1 Licensing authority

      1. Article 16.Licensing authority

    2. SECTION 2 Conditions for obtaining a licence

      1. Article 17.General requirements

      2. Article 18.Conditions for obtaining a licence

      3. Article 19.Requirements relating to good repute

      4. Article 20.Requirements relating to financial fitness

      5. Article 21.Requirements relating to professional competence

      6. Article 22.Requirements relating to cover for civil liability

    3. SECTION 3 Validity of the licence

      1. Article 23.Spatial and temporal validity

      2. Article 24.Temporary licence, approval, suspension and revocation

      3. Article 25.Procedure for granting licences

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

    1. SECTION 1 General principles

      1. Article 26.Effective use of infrastructure capacity

      2. Article 27.Network statement

      3. Article 28.Agreements between railway undertakings and infrastructure managers

    2. SECTION 2 Infrastructure and services charges

      1. Article 29.Establishing, determining and collecting charges

      2. Article 30.Infrastructure cost and accounts

      3. Article 31.Principles of charging

      4. Article 32.Exceptions to charging principles

      5. Article 33.Discounts

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

      7. Article 35.Performance scheme

      8. Article 36.Reservation charges

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

    3. SECTION 3 Allocation of infrastructure capacity

      1. Article 38.Capacity rights

      2. Article 39.Capacity allocation

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

      4. Article 41.Applicants

      5. Article 42.Framework agreements

      6. Article 43.Schedule for the allocation process

      7. Article 44.Applications

      8. Article 45.Scheduling

      9. Article 46.Coordination process

      10. Article 47.Congested infrastructure

      11. Article 48.Ad hoc requests

      12. Article 49.Specialised infrastructure

      13. Article 50.Capacity analysis

      14. Article 51.Capacity-enhancement plan

      15. Article 52.Use of train paths

      16. Article 53.Infrastructure capacity for maintenance work

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

    4. SECTION 4 Regulatory body

      1. Article 55.Regulatory body

      2. Article 56.Functions of the regulatory body

      3. Article 57.Cooperation between regulatory bodies

  6. CHAPTER V FINAL PROVISIONS

    1. Article 58.Public procurement rules

    2. Article 59.Derogations

    3. Article 60.Exercise of the delegation

    4. Article 61.Measures of application

    5. Article 62.Committee procedure

    6. Article 63.Report

    7. Article 64.Transposition

    8. Article 65.Repeal

    9. Article 66.Entry into force

    10. Article 67.Addressees

    1. ANNEX I

      LIST OF RAILWAY INFRASTRUCTURE ITEMS

      1. Railway infrastructure consists of the following items, provided they form...

      2. Ground area, Track and track bed, in particular embankments, cuttings,...

    2. ANNEX II

      SERVICES TO BE SUPPLIED TO THE RAILWAY UNDERTAKINGS

      1. 1. The minimum access package shall comprise:

      2. 2. Access, including track access, shall be given to the following...

      3. 3. Additional services may comprise:

      4. 4. Ancillary services may comprise:

    3. ANNEX III

      FINANCIAL FITNESS

      1. The information to be provided by undertakings applying for a...

      2. available funds, including the bank balance, pledged overdraft provisions and...

    4. ANNEX IV

      CONTENTS OF THE NETWORK STATEMENT

      1. The network statement referred to in Article 27 shall contain...

      2. A section setting out the nature of the infrastructure which...

    5. ANNEX V

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

      1. The contractual agreement shall specify the provisions of Article 30...

      2. the scope of the agreement as regards infrastructure and service...

    6. ANNEX VI

      REQUIREMENTS FOR COSTS AND CHARGES RELATED TO RAILWAY INFRASTRUCTURE

      1. 1. The pairs to be considered by infrastructure managers when they...

      2. 2. The performance scheme as referred to in Article 35 shall...

    7. ANNEX VII

      SCHEDULE FOR THE ALLOCATION PROCESS

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

      2. (2) The change of working timetable shall take place at midnight...

      3. (3) The deadline for receipt of requests for capacity to be...

      4. (4) No later than 11 months before the change of the...

      5. (5) The infrastructure manager shall prepare and publish a draft working...

      6. (6) The infrastructure manager shall decide on the requests it receives...

      7. (7) In the case of trains crossing from one network to...

      8. (8) As regards temporary restrictions of the capacity of railway lines,...

      9. (9) The infrastructure managers concerned shall also create a mechanism whereby...

      10. (10) When publishing capacity restrictions in accordance with point (8) for...

      11. (11) Before publishing capacity restrictions in accordance with point (8), if...

      12. (12) As regards capacity restrictions of a duration of seven consecutive...

      13. (13) Infrastructure managers may decide to apply more stringent thresholds for...

      14. (14) The infrastructure manager may decide not to apply the periods...

      15. (15) The information to be provided by the infrastructure manager when...

      16. (16) As regards the capacity restrictions of a duration of at...

      17. (17) As regards the capacity restrictions of a duration of more...

    8. ANNEX VIII

      ACCOUNTING INFORMATION TO BE SUPPLIED TO THE REGULATORY BODY UPON REQUEST

      1. 1. Account separation

      2. 2. Monitoring of track access charges

      3. 3. Indication of financial performance

    9. ANNEX IX

      1. PART A

      2. PART B

    10. ANNEX X

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