Network Statement 2014 - ProRail

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undertaking by making use of the decommissioned section of the railways, the liability provisions of theaforementioned agreement applies to said damage and/or unavailability, with exclusion of the liabilityprovisions of the Access Agreement, the General Terms & Conditions and the Operational Conditions.Article 3.Change procedure Access Agreement, Operational Conditions and/or GeneralTerms & Conditions1. A request to change the Access Agreement, Operational Conditions and/or General Terms & Conditions,which request for change does not ensue from statutory measures or a ruling by a court of law or arbitrationboard, shall be submitted in writing and will in any event include a description of the proposed change(s) andthe resulting consequence(s) in terms of the rights and obligations of the parties. The network manager will inevery case evaluate whether the changes proposed by the railway undertaking are non-discriminatorytowards other titleholders as referred to in Section 57 Railways Act.2. The parties will do their utmost to reach agreement on a proposed change within thirty calendar days ofreceipt of a change proposal.3. Changes to the Access Agreement, Operational Conditions and/or General Terms & Conditions can only bemade in the form of a written supplement to the Access Agreement signed by the parties.4. If by force of statutory measures, the Concession or a ruling by a court of law or arbitration board, changesare to be made to the General Terms & Conditions, Operational Conditions and/or the Access Agreement,the network manager, if given the opportunity to do so, will consult with the relevant authority, put up adefence in the court or arbitral procedure, and make every effort to prevent or limit any negativeconsequences for the parties. In such a case, the network manager will inform the railway undertakings inwriting with inclusion of a proposal for change. The network manager will submit this proposal with dueconsideration for the reasonable interests of the railway undertaking and make every effort to prevent or limitany negative consequences for the railway undertaking. If the railway undertaking does not agree to theproposed change, the network manager will nevertheless be entitled to adopt the proposed changeunilaterally.5. In urgent cases, whereby the provisions of the previous paragraph are applicable, the change proposal andconsultation as set out in this paragraph may be omitted.Article 4.Nullification of provisionsIn case of a legally irreversible nullification of one or more provisions of the Access Agreement, the GeneralTerms & Conditions or the Operational Conditions by the competent authority, these provisions will be replacedby provisions that reflect as much as possible the original intention of the parties. Nullification of one or moreprovisions will not affect the validity of the other provisions.Title II.Information and confidentialityArticle 5.Provision of information1. The parties will notify one another of every incident that could hinder fulfilment of the essential obligations ofthe Access Agreement, which will in any event include every relevant change, suspension and withdrawal ofthe Concession of the network manager, or of the Safety Certificate and/or Operating Licence of the railwayundertaking.2. In the Access Agreement, the parties agree on the manner (including the time and frequency) in which therailway undertaking will provide the information as referred to in Chapter 2.9 of the Network Statement, andspecify all other information that they will exchange with one another within the performance of theirrelationship.3. The parties will inform one another promptly if they have any information other than referred to in theprevious paragraph, of which they know or should in all reasonableness realise that the railway undertakingor the network manager requires this information for the proper performance of the Access Agreement.4. If one of the parties incurs a loss as a result of the actions of a third party or auxiliary staff, the parties will, ifsuch is possible and can reasonably be expected, assist one another in determining the identity of the thirdparty or auxiliary staff in question.5. The railway undertaking will, at no expense, provide the network manager with information required by thenetwork manager for the purposes below.a. To draw up a draft noise map as referred to in Article 7 of Directive 2002/49/EC of the EuropeanParliament and of the Council of 25 June 2002 relating to the assessment and management ofenvironmental noise (OJ EC L 189) with regard to the noise load caused by the main railway network.b. To comply with the obligations resting on the Netherlands pursuant to Commission Regulation (EC) no.91/2003 of the European Parliament and of the Council of 16 December 2002 with regard to railtransport statistics (OJ L 14).c. To draw up the compliance report on noise production limits as referred to in Section 11.22Environmental Management Act.appendix 5 Model Access Agreement and General Terms & ConditionsNetwork Statement 2014 Combined Network - version 1.0 dated 9 January 2013 page 102
Article 6.Confidentiality1. The parties are subject to a duty of confidentiality in respect of all information received from one anotherwhich has been classified as confidential or should reasonably have been understood to be of a confidentialnature.2. Information received in the framework of the performance of the Access Agreement may only be used for thepurpose for which it was made available.3. The parties will not make the Access Agreement, part thereof or information ensuing therefrom, available tothird parties without the permission of the other party.4. Without prejudice to the provisions of Paragraphs 1, 2 and 3 of this article, confidential information can bemade available to, or used by a third party without the permission of the other party if such is stipulated bystatutory regulations, the Concession and/or a ruling by a court of law or arbitration board. The parties mayalso use confidential information for operational and insurance purposes.5. In so far as the railway undertaking acquires access via data systems of the network manager to informationconcerning capacity applications and/or the train service of other titleholders, the railway undertaking willtreat such information confidentially and refrain from the collection, processing, forwarding or otherwise usethereof. Subject to application of a comparable non-disclosure clause, the railway undertaking does notobject to other titleholders gaining access via the data systems of the network manager to informationconcerning capacity applications and/or the train service of the railway undertaking.6. Parties shall take appropriate measures to protect confidential information contained in their informationsystems.7. The obligations under this article remain in force on termination of the Access Agreement.Title III.Rights and obligations of the network manager and the railway undertakingArticle 7.Access to and use of the railways by the railway undertaking1. The railway undertaking has access to the railways and the right to make use thereof subject to theconditions and in the manner as determined in:a. The applicable national and international regulations and the ensuing regulations and rulings by a courtof law and/or arbitration board imposed on the network manager.b. The Access Agreement.2. Prior to the signing of the Access Agreement, the railway undertaking will provide the network manager withthe documents listed below.a. A valid operating licence or comparable document as referred to in Section 30, Paragraph 1, RailwaysAct.b. A valid safety certificate or test certificate.c. Proof of compliance with the provisions of Section 55 of the Railways Act.The railway undertaking will immediately, in any event within 14 days, notify the network manager in writingof any event that restricts or ends the validity of the aforementioned documents. The railway undertaking willprovide the network manager with written notification of any change to its liability insurance before suchcomes into effect, insofar as it can reasonably be assumed that such will or could have consequences for theOperating Licence.3. The railway undertaking is not permitted to alter, damage or contaminate the railways or to use it in anymanner other than that for which it is intended, has been equipped or has been made available.Contamination as referred to in this paragraph does not include the disposal, either directly or indirectly, ofsolids or fluids that are released during the normal operation of railway vehicles as referred to in Section 19,Paragraph 1b, Railways Act.4. The parties will ensure that any auxiliary staff engaged in the performance of the Access Agreement willreceive adequate instruction in this respect and have the necessary knowledge and skills. Auxiliary staff thatappear not to have the necessary knowledge and skills will – whether or not at the request of any of theparties - be immediately discharged from performance of the engaged work.5. The railway undertaking is liable towards the network manager for actions of consignors and consignees, asdefined under transport law, who perform or instruct work at public loading and unloading sites and/or railwayyards, in as far as the railway undertaking has any physical or legal influence on such actions.6. If loss ensues as a result of the actions as referred to in the previous paragraph, the railway undertaking isonly liable if the loss event is attributable to the action of a third party and the railway undertaking had thephysical and/or legal ability to prevent the loss event and the consequences thereof. This provision is withoutprejudice to the liability of consignors and consignees for their actions at these public loading and unloadingsites and/or railway yards.Article 8.Allocation of capacity1. The network manager is responsible for the allocation of capacity in accordance with the procedure set out inChapter 4.4. of the Network Statement as well as the provisions of the decision referred to in Section 61,Paragraph 1, Railways Act.appendix 5 Model Access Agreement and General Terms & ConditionsNetwork Statement 2014 Combined Network - version 1.0 dated 9 January 2013 page 103
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Network Statement 2014Combined Netw
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Contents1 General information 51.1
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1 General information1.1 Introducti
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with due consideration for their op
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• The tariffs have been updated o
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Charging InformationSystem (CIS)CIS
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2 Access conditions2.1 Introduction
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infrastructure. A Framework Agreeme
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2.6 Dangerous goodsThe transport of
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3 Infrastructure3.1 IntroductionThi
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3.2.3 Further informationThe Networ
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CategoryAvailability / ReliabilityN
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Exceptional Transport, subject to t
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Table 3.4CategoryDescription of the
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• Radiotelephone channels used fo
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(parties who are co-responsible for
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Maasvlakte; Valburg CUPThe above su
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attached to the transport or handli
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3.7 Freight terminalsThe loading an
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CategoryLocationUser conditionsNote
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CategoryNotesUser conditions • Th
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4 Capacity allocation4.1 Introducti
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4.2.2 Process in generalFour types
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these tests could have implications
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• or in another form to be agreed
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Page 57 and 58: Process System Brief explanationAnn
Page 59 and 60: allocation plan. Trains that are un
Page 61 and 62: 4.9 Allocation of capacity for serv
Page 63 and 64: 5 Services5.1 IntroductionProRail o
Page 65 and 66: Where is the serviceprovidedApplica
Page 67 and 68: 5.3 Transfer service groupThe servi
Page 69 and 70: Delivery termsUser conditionsA rese
Page 71 and 72: TariffDelivery termsUser conditions
Page 73 and 74: Availability / Reliability7 x 24 ho
Page 75 and 76: 5.5.8 Information on customised tra
Page 77 and 78: that determines the amount of elect
Page 79 and 80: 6 Charges6.1 IntroductionThis chapt
Page 81 and 82: - The affected infrastructure is th
Page 83 and 84: The applicable train stop code is d
Page 86 and 87: Supplementary to the railway stated
Page 88 and 89: TermCapacity AgreementCentrally con
Page 90 and 91: TermRailway yardRefuelling systemRN
Page 92 and 93: TermTrain slotDefinitionA train slo
Page 94 and 95: (empty page)appendix 2 DefinitionsN
Page 96 and 97: (empty page)appendix 3 Consultation
Page 98 and 99: (empty page)appendix 4 General Regu
Page 100 and 101: (empty page)appendix 5 Model Access
Page 104 and 105: 2. Capacity allocated in the form o
Page 106 and 107: party causing the disruption. The p
Page 108 and 109: . In case of personal injury and fi
Page 110 and 111: 5. This article is a third-party cl
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Page 114 and 115: network manager in connection with
Page 116 and 117: Order handling from 36 hours to 1 h
Page 118 and 119: As soon as a driver has completed a
Page 120 and 121: d. Refuelling at a railway yard sub
Page 122 and 123: No. SubaspectResponsibility8 Altern
Page 124 and 125: appendix 7 Transport and operating
Page 126 and 127: (empty page)appendix 7 Transport an
Page 128 and 129: ProRail will provide a railway unde
Page 130 and 131: (empty page)appendix 8 ReportsNetwo
Page 132 and 133: Passenger transport restrictionsThe
Page 134 and 135: a. Infrastructure projectsList of p
Page 136 and 137: List of planning dates function cha
Page 138 and 139: List of planning dates function cha
Page 140 and 141: c. Implementation of capacity-enhan
Page 142 and 143: Measure Status Ready for operationC
Page 144 and 145: appendix 10 Infrastructure projects
Page 146 and 147: (empty page)appendix 11 Information
Page 148 and 149: NotesSpecial loading gaugesThe spec
Page 150 and 151: (empty page)appendix 13 Axle loads
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(empty page)appendix 14 Train contr
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(empty page)appendix 15 Train detec
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(empty page)appendix 16 Route secti
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Voltage change-over gates Betuwe Ro
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List of moveable railroad bridgesNo
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(empty page)appendix 18 Moveable ra
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(empty page)appendix 19 Platform le
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(empty page)appendix 20 Public load
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Information on the storage capacity
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2.2 Interval and intersection times
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Table 3Intersection time in the opp
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Examplesappendix 22 Timetable draft
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appendix 22 Timetable drafting norm
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appendix 22 Timetable drafting norm
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(empty page)appendix 22 Timetable d
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2 Description of the Path Coordinat
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CategoryDelivery termsUser conditio
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2 Description of the report on insi
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(empty page)appendix 24 Application
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(empty page)appendix 25 Services co
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Name of the stationStation category
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Name of the stationStation category
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(empty page)appendix 26 Stations (
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(empty page)appendix 27 Performance
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Route sectionCompensationtariffBreu
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