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Network Statement 2014 - ProRail

Network Statement 2014 - ProRail

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2 Access conditions2.1 IntroductionThe Railways Act 9 offers the legal framework for access to the main railways and for the allocation ofcapacity rights to the main railways.2.2 General access requirementsThe access requirements are laid down by law.Summary of regulations► Access to the railway infrastructure is granted to railway undertakings. The term railwayundertaking means any public or private undertaking, the principal business of which is to provideservices for the transport of goods and/or passengers by rail with the requirement that theundertaking must also provide traction.In the Netherlands, the term railway undertaking also extends to undertakings that provide tractionwithout providing services for the transport of goods and/or passengers by rail. Dutch law in thisrespect allows for a broader interpretation than European law. 10 ◄2.2.1 Requirements to apply for a train pathThe requirements made of applicants for capacity are laid down by law.Summary of regulations► The following categories of natural person or legal entity are entitled to apply for capacity with<strong>ProRail</strong>; they are also entitled to enter into an Access Agreement or a Framework Agreement with<strong>ProRail</strong> 11 :• Railway undertakings.• Undertakings that have requested an operating licence.• Parties granting concessions for public transport by train.• Each natural person or legal entity that can demonstrate to <strong>ProRail</strong> that it has a commercialinterest in the acquisition of capacity for rail transport services.Titleholders that are not railway undertakings can exclusively enter into a limited AccessAgreement, which entails capacity rights, but does not entitle them to gain access to or make useof the railway infrastructure. ◄A limited Access Agreement with a titleholder that is not a railway undertaking is referred to in this<strong>Network</strong> <strong>Statement</strong> as a Capacity Agreement.2.2.2 Requirements made of rail traffic participantsThe requirements made of participants of the main railways are laid down by law.Summary of regulations► Under the terms of the Railways Act 12 access to the main railways and participation in rail traffic isreserved for railway undertakings that:• hold a valid operating license or equivalent document,• hold a valid safety certificate or test certificate,9101112Sections 27 and 57 of the Railways ActSection 1f Railways ActSection 57 Railways Act, in combination with Section 2 Railways Capacity Allocation DecreeSection 27 Paragraph 2 Railways Act<strong>Network</strong> <strong>Statement</strong> <strong>2014</strong> Combined <strong>Network</strong> - version 1.0 dated 9 January 2013 page 13

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