Chapter 2: Access Conditions V.0 - Adif

Chapter 2
Access
Conditions
Network
Statement
2 014
Update

Chapter 2
Access
Conditions
Network
Statement
2 014
Update

2
2.1
Introduction
According to Rail Sector Act LSF, RFIG (rail system) managed
by Adif is accessible – under the terms established therein
- for RUs holding a License and Safety Certificate in force
issued by the Ministry of Public Works or relevant body
in another European Union Member State, for freight rail
transport services, international passengers, or national
passenger rail transport for primarily touristic purposes.
RUs are entities holding a Railway Undertaking license, the
principal business of which is to provide services for the
transport of goods and/or passengers by rail, under LSF
terms. There is a requirement for undertakings to ensure
traction, and this also includes undertakings that provide
traction only (Article 43 in LSF and Article 58, 1 st and 2 nd in
RSF).
RUs and Applicants that wish to operate on Adif Managed
Network must be registered in the Special Railway Register
(Article 55 of Spanish Rail Sector Act and Article 129 of the
Rail Sector Regulation), reporting to the Ministry of Public
Works.
2.2
gENERAL ACCESs
Requirements
Access by RUs to Adif Managed Network shall comply with the provisions of Rail Sector Act and its implementing regulations
(Art. 58 to Art.97 of RSF).
A relevant requirement for these is to hold the following:
♦♦
♦♦
♦♦
RU License.
Safety Certificate.
Allocation of the necessary infrastructure capacity.
2.2.1. Requirements to Request Infrastructure Capacity
Allocation
Entitled to submit applications for infrastructure capacity in
accordance with Law and Rail Sector Act are the following:
a) Railway Undertakings that previously have been
RU licensed holding a relevant Safety Certificate
and international business groups setting up said
companies. All duly registered in the Special Railway
Register.
b) Transport actors, carriers, and combined transport
operators that are interested in operating rail services
and that hold the corresponding authorization, in
accordance with Article 80 in Rail Sector Regulation.
c) Public Administrations with powers to operate
transport services and that are interested in
presenting certain rail transport services.
The right to use infrastructure capacity shall be assigned
by the Rail Infrastructure Manager and, once assigned to
an applicant, it may not be further assigned to another
company. The use of capacity by a railway undertaking
operating on behalf of a capacity grantee other than a RU
shall not be considered to be an award. In any case, any legal
business with allocated infrastructure capacity is forbidden
(Article 35 of Rail Sector Act and Article 47 of Rail Sector
Regulation).
The request form for National Capacity is available in
electronic form on NS link published on Adif Website www.
adif.es, see Annex C. The request form for International
Capacity is available in electronic form on htpp.//www.rne.
eu. For the request and allocation process for international
capacity corresponding to 2014-2015 timetabling the use of
Path Coordination System (PCS) software tool is provided by
RNE.
However, RUs are also required to submit a certified copy
of the corresponding Certificate of Safety that they hold,
proving to know and meet Traffic Safety standards, i.e Adif
General Traffic Regulation (RGC) and other valid regulations
affecting these, see Annex F, and be up to date with
payments arising out of financial obligations owed to Adif
and Adif -Alta Velocidad.
Access Conditions
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2.2.2. Who may access Adif Managed Network
National and International Freight
Traffic
According to the provisions of EU and Spanish law, freight
transport is liberalized. Consequently, any Applicant based
in Spain or another EU Member State may request Adif for
Infrastructure Capacity Allocation in order to provide these
transport services, following the established procedure.
Upon capacity assignment, RUs performing the transport
shall also hold a Safety Certificate required in order to move
their rolling stock and driving personnel (who will be duly
authorized therefore) on the route requested.
International Passenger Traffic
RUs have free access to Rail Network of General Interest
(RFIG) managed by Adif for the purpose of operating
international passenger services from 1 January 2010, as
set out in Additional Provision Ten of Law 39/2003 of 17
November, of the Rail Sector “International rail transport
services for passengers. Framework agreements“, as
amended by final provision one, section 2 of Law 15/2009,
of 11 November in the Freight Land Transport Contract.
It’s necessary to perform such transport services to hold
the corresponding RU license granted by the relevant
body in a EU Member State. For this purpose, International
Passenger Transport Service means passenger transport
service of trains that pass at least once through the border
of Spain and with the main purpose of carrying passengers
between stations in different Member States, the train may
be set and/or split, and the different parts setting it may
have different origins and destinations, provided that all
carriages cross at least one border. Transit is understood as
the passage through the Spanish territory without taking
up or setting down passengers, and/or without loading or
unloading freight in it.
RUs wishing to perform international passenger rail
transport may apply to the Ministry of Public Works for
a railway License, or if applicable, amendments thereto,
together with the relevant supporting documentation for
this purpose.
National Passenger Traffic
Royal Decree Law 4/2013, of 22 February and Law 11/2013
of 26 July on measures to support entrepreneurs and to
stimulate growth and job creation, in their Chapter IV
“measures in rail sector,” provide a basis for the liberalization
of passenger transport by rail and ensures that this - as
provided in Royal Decree Law 22/2012 - is produced in an
orderly and progressive way, adding sections 2, 3, 4 and 5
to transitional provision three of Rail Sector Act. According
to the wording of said transitional provision three in Royal
Decree Laws 22/20102 and 4/2013, and Law 11/2013:
As of 31 July 2013 rail passenger transport for tourism
purposes primarily shall be provided in a regime of free
competition as set forth in Article 42.2 of Rail Sector Act
and Order FOM/1403/2013 of 19 July. Therefore shall be
considered passenger rail transport services for tourism
purposes primarily - whether provided on a periodic basis
or not - if all seats in the train are offered under a previous
combination of sale or offer to sale with a fix global price
which apart from rail transport services, includes major
services to generally meet passenger demands performing
journeys linked to recreational, cultural or leisure activities,
providing rail transport services as a supplement. Under
no circumstance shall be considered to be similar to this,
activities with the main purpose of carrying passengers by
rail.
For rail transport services referred to in Article 53 in Rail
Sector Act, the Council of Ministers shall establish the
terms for public tenders under Art. 53.2 without prejudice
to Article 5.6 of Regulation (EC) Nr. 1370/2007 of European
Parliament and of Council of 23 October 2007. Until the
service starts by a new operator –given the case- Renfe-
Operadora shall continue to provide these services, fixing
applicable compensations under the relevant contract.
Without prejudice to the provisions of Article 42.2 in Rail
Sector Act, temporarily, access for new operators to services
that are not included afore shall be given if these hold
respective certificates of approval.
The Council of Ministers shall determine the amount of
licenses to be granted for each line or group of lines where
services shall be provided according to competition, as well
as the period of validity for such approval certificates. The
Ministry of Public Works shall grant operating licenses
through the relevant tender procedure. This procedure
shall be public and ensure effective competition among all
competing operators.
An Order of the Ministry of Public Works shall determine
the terms to meet in order to be part in tender procedures
as outlined in afore paragraph, as well as applicable granting
different phases of the procedure. Anyhow to public
passenger transport services by rail and road shall apply
the provisions of Regulation (EC) 1370/2007, of European
Parliament and Council of 23 October 2007 and - provided
no further Order by the Ministry of Public Works on tenders
- public sector contract law and developing rules.
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2.2.3. Licenses and Approvals
The body proceeding RU licenses and approvals for
Applicants other than RUs is the Government Rail Safety
Agency, in accordance with the new Transitional Provision
Eight in Law 39/2003 of 17 November of the Rail Sector,
implemented by Royal Decree Law 1/2014 of 24 January:
“As long as the Government Rail Safety Agency - under 5th
paragraph in section 1 of Additional Provision three in Law
28/2006, of 18 July, on government agencies to improve
public services - is not created, the duties of the authority
responsible for rail safety shall be performed by the relevant
governing bodies of the Ministry of Public Works.”
Terms for granting these are in Section 4, Chapter 2 in Rail
Sector Act and Section 3, Chapters 2 and 3 in Rail Sector
Regulation (RD 2387/2004, of 30 December).
For more information please contact:
General Department of Land Transport
Paseo de la Castellana, 67- 28071 Madrid
2.2.4. Safety Certificate
The body granting the Safety Certificate is the Government
Rail Safety Agency, in accordance with the new Transitional
Provision Eight in Law 39/2003 of 17 November of the Rail
Sector, implemented by Royal Decree Law 1/2014 of 24
January: “As long as the Government Rail Safety Agency -
under 5th paragraph in section 1 of Additional Provision
three in Law 28/2006, of 18 July, on government agencies
to improve public services - is not created, the duties of
the authority responsible for rail safety shall be performed
by the relevant governing bodies of the Ministry of Public
Works.”
Granting terms are in Royal Decree 810/2007, of 22 June
amended by Royal Decree 641/2011, of 9 May.
For more information please contact:
Rail General Department
Plaza de los Sagrados Corazones, 7- 28071 Madrid
2.2.5. Civil Responsibility and Insurance
The entity applying for a license shall have sufficient
insurance - during the term – for Civil Liability imposed, i.e.
for any damages caused to passengers, goods, baggage, mail
or third parties. Likewise, this guarantee shall cover liability
for damage to railway infrastructure, trains or third parties,
persons or goods, requiring, given the case, a compulsory
passenger insurance. All in accordance with Article 48 in
Rail Sector Act, Article 63 in Rail Sector Regulation, amended
by additional provision seven of Royal Decree 810/2007, of
22 June. Specifically, Rail Sector Regulation lays down the
amount and terms of liability coverage depending on the
nature of the services to be provided.
Similarly, Article 91 in Railway Sector Regulation specifies
that carriers and consignees of freight delivering or
accepting it at rail logistics facility must be authorized to
enter into such a facility with suitable vehicles, provided
that the corresponding insurance covers the civil liability
that may arise for damages that could cause.
Furthermore, owners of freight wagons or passenger
coaches who deliver these to railway undertakings for
carriage, must have a liability insurance covering damage
to people, rail infrastructure or others caused if they are
involved in a train accident occurred for reasons attributable
to them for their failure to comply with applicable regulation.
Access Conditions
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2.3.1. Framework Agreements
2.3
General Terms
and Conditions
Rail Infrastructure Manager may conclude framework
agreements with applicants to use rail infrastructure
capacity longer than the working timetable.
Framework agreements shall not specify paths, but shall
establish the characteristics of the infrastructure capacity
requested and offered to applicants and procedures to
completely satisfy the rights of other applicants and
their legitimate business needs. They may also establish
guidelines for cooperation between the Rail Infrastructure
Manager and applicants to improve the quality of services
offered.
2.3.2. Agreements to Provide Services
Adif may conclude agreements with Railway Companies or
any public or private entity, which may be on the use regime
of facilities or units of common interest and may perform
supplementary business activities upon agreement or if
required to be fulfilled.
Contracts to provide services between RUs and Adif
may include service request procedures, acceptance of
terms, service suspension or termination terms, as well as
obligations and duties arisen or other necessary to properly
provide these services.
Signing said agreements cannot prevent Adif from providing
services for others similar to hereunder, without prejudice
to the agreed quality levels.
Adif has a set of rules and regulations required for train
traffic and shunting performed safely and efficiently.
People participating in traffic are required to meet these, as
applicable to their duties.
The most important are:
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General Traffic Regulation (Reglamento General de
Circulación RGC).
Specific Operating Rules (NEC) applicable to the
high-speed lines Madrid – Córdoba – Sevilla, La Sagra
- Toledo and Córdoba - Málaga.
Technical and Operating Requirements of Traffic and
Safety (PTO) applicable to high-speed lines Madrid
- Zaragoza - Barcelona - French Border, Madrid
Puerta de Atocha - Valencia Joaquin Sorolla, Albacete
Branching - Alacant Terminal, Madrid Chamartín -
Valladolid Campo Grande, Coto da Torre Branching
– Branching to Grandeira.
Pending approval of a new General Traffic Regulation, Rail
Adif along with RUs and other authorized Applicants may
set up, where appropriate, Contracts to provide services
describing the scope of contracted services (Additional,
Supplementary and Ancillary upon request).
Moreover, any Railway Undertaking, holding the respective
License and Safety Certificate for any certain line, shall sign
an agreement with Adif and Adif Alta Velocidad to obtain
traction electric power supply and with Adif in order to
obtain fuel supply.
Price of charges for Adif services payable by RUs and other
authorized Applicants, shall generally be determined as
indicated in Chapter 6 of this NS. However, the Agreement
may set any specific circumstances agreed upon with Adif,
if applicable.
Traffic
Regulations
2.4
Sector Act shall apply for rail traffic safety and by virtue of
transitional provision one of Rail Sector Regulation, afore
provisions in this regard shall apply.
By virtue of Additional Provision eighty nine in Law
17/2012, of 27 December on General State Budget, provisions
applicable to the Railway Network of General Interest
regarding Traffic Safety shall apply to metric gauge lines
State-owned. However, as long as new technical standards
specific for metric gauge rail system are not implemented,
the provisions currently valid for that rail system shall
apply, i.e. Rail Traffic Regulation and Signaling Regulation.
Rail Freight Corridors numbers 4 and 6, shall be governed by
regulation on traffic flow on every network of the various
infrastructure managers where trains run. Consequently,
routes along Adif Managed Network shall be governed by
national standards.
The full texts of these standards are available in electronic
format on the corresponding link to the NS as published on
Adif website, www.adif.es.
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2.5
Exceptional
Transports
A transport is considered exceptional if it appears to be
difficult to perform it due to size, weight and/or packaging,
considering infrastructure or material to use that requires
special technical or operating conditions for consignment on
RFIG managed by Adif in fully safe conditions. The procedure
of these consignments is regulated in General Instruction IG
02 of 24 July 2009. (See Order FOM/233/2006 of 31 January,
and section 4.7.1. and Annex F hereunder).
For more information, please consult Traffic Safety
Department (Adif Directory, section 1.8).
The Commission of Consignment and Exceptional Transport
prescriptions made up of different rail operators and
Adif, hereinafter CPCTE, is responsible for managing and
processing authorizations for exceptional transports.
2.6
TRANSPORT of
Dangerous Goods
Royal Decree 412/2001 defines dangerous goods as
substances or objects of which the carriage is prohibited or
authorized only under certain conditions established in the
Regulations concerning International Carriage of Dangerous
Goods by Rail (RID) and other specific legislation regulating
such transport, as the IG 43. Please consult section 4.7.2 in this
document and Annex F. This type of transport may only be
performed by RUs holding a specific license for this purpose.
For additional information, please consult Traffic Safety
Department (Adif Directory section 1.8).
2.7
The criteria for approval and authorization of rolling stock as
well as regarding maintenance of rolling stock, are described
in Rail Sector Regulation, in Order FOM/233/2006 of 31
January, which sets up the conditions for approval of railway
rolling stock and maintenance centers, fixing certification
price for such material, as well as Royal Decree 1434/2010,
of 5 November on rail system interoperability on the General
Interest Rail Network.
Technical Specifications for Approval (ETH) of railway rolling
stock are in force since February 2010, see Annex F.
Railways General Department of the Ministry of Public Works
issues the authorization to put into service the vehicle in
question, prior report of the Certification Body. Adif, upon
request from the vehicle manufacturer or its owner, issues
through the Department of Traffic Safety, the Running
Permit (See Order FOM/233/2006, Articles 12 and 13).
Every vehicle, before commissioning or using it in the
network shall have an entity in charge of its maintenance
and registered in the corresponding section of the National
Vehicle Register (Special Railway Register). In the particular
rolling Stock Technical
Requirements
case of freight wagons, this entity shall be certified by the
General Department of Railways, from 31 May 2012, by virtue
of the criteria under “Committee Regulation UE/445/2011 of
10 May, 2011 regarding a system of certification of entities
dedicated to maintain freight wagons, which amends
Regulation EC/653/2007”.
In application of Additional Provision eighty nine in Law
17/2012, of 27 December on General State Budget, metric
gauge lines in State ownership shall be pursuant to provisions
applicable on the General Interest Railway Network in
terms of authorization and maintenance of rail rolling stock.
However, as long as the new technical standards specific for
metric gauge rail system are not implemented, the provisions
currently valid for said rail system shall apply.
Access Conditions
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2.7.1. Inspection of Rolling Stock
Any possible non-compliance detected will result in
initiating disciplinary proceedings by virtue of Rail Sector
Act. Furthermore, Adif, in view of a serious situation that
potentially can jeopardize the safety of transport, may
decide to suspend rail services or activities, pursuant
to Article 86 of Rail Sector Act and Article 19 of Order
FOM/233/2006.
RU will be required to provide all support to the Inspection
Services of the Ministry of Public Works and Adif, and RU
shall neither be entitled to claim for economic damages from
delays or disqualification of staff, equipment or systems,
nor on a provisional basis. However, inspections shall cause
the least possible disruptions to operations of RUs and other
authorized Applicants.
Rail Staff
2.8 Requirements
Rail Sector Act in its Article 60.1 provides that staff providing services in the rail sector shall have sufficient qualifications to
provide rail services with due safety and efficiency guarantees.
2.8.1. Certification and Training
Rail staff shall comply with Order FOM/2872/2010 of 5
November on the conditions to issue certificates that
authorizes rail staff to perform certain duties regarding
traffic safety; furthermore, aforementioned Order FOM
determines the regime of approved medical and training
centers for said staff. Circular Resolution 3/2010 of Rail
Infrastructure Department, of 13 December 2010, governs
the validity of medical fitness certificates issued by
approved medical centers for railway staff, before and after
9 November 2010.
RUs must also prove that their staffs involved in train
traffic process have appropriate training and the mandatory
authorizations to perform their duties.
In addition to holding updated Authorization Certificates,
RU staff related to train traffic and shunting - as far as
concerned - must know Traffic Safety Regulations and
General Instructions, rail concepts and have basic technical
and technological knowledge, have specific training on the
line, train and control office, and must have knowledge of
vehicles, regarding operation and infrastructure.
In application of Additional Provision eighty-nine of Law
17/2012, of 27 December on General State Budget, metric
gauge lines in State ownership shall be pursuant to the
provisions applicable to the General Interest Railway
Network regarding railway staff, medical centers and
railway staff training. However, insofar as new technical
standards specific for metric gauge rail system are not
implemented, standards currently valid for that rail system
shall apply.
2.8.2. Language
All communications regarding Traffic Safety on Adif
Managed Network scope shall be in Spanish. In this
regard, by virtue of European Union Directives and Traffic
Regulation (General Traffic Regulation, RGC, Section 134),
for communications relating to traffic safety, rail staff who
relate to Adif must fully understand Spanish and use this
language correctly to communicate.
2.8.3. Adif Inspection of Staff
Any possible infraction due to non-compliance with
standards shall result in initiating relevant disciplinary
proceedings pursuant toLSFRail Sector Act.
RU will be required to provide all support to Adif in order
to inspect staff, and RU shall not be entitled to claim
for economic damages or delays for this reason, in case
of disqualification of staff, even on a provisional basis.
However, Adif shall ensure that inspections cause the
least possible disruptions to operations of RUs and other
authorized Applicants.
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Network Statement Update 2014 V.0