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Network Statement 2014 - ProRail

Network Statement 2014 - ProRail

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• are insured against risks related to statutory liability,• have concluded an Access Agreement with the <strong>Network</strong> Manager.This is subject to the condition that the proposed traffic participation is permitted under theoperating licence, the safety certificate and the insurance policy.<strong>ProRail</strong> stresses that the offering and provision of rail transport services are subject to statutoryprovisions, a list of which is contained in appendix 7.<strong>ProRail</strong> particularly draws attention to the obligation to report before 15 February 2013 to theNetherlands Monopolies Committee (address particulars: see www.nma.nl) and to <strong>ProRail</strong> on theintention to apply for capacity for new or changed train services for cross-border passengertransport in the <strong>2014</strong> Timetable 13 . ◄2.2.3 LicencesSummary of regulations► An operating licence is prescribed for access to and use of the main railways 14 . Operating licencesfor enterprises established in the Netherlands are issued by the Transport Inspectorate (ILT). ◄Information on the various types of operating licences with the accompanying requirements iscontained in appendix 7.2.2.4 Safety & test certificatesSummary of regulations► A safety or test certificate is prescribed by law for access to and use of the main railways 15 . Safetyand test certificates are issued by the Transport Inspectorate. ◄2.2.5 Cover of liabilitiesSummary of regulations► A railway undertaking that makes use of the main railways must be insured against the financialrisks arising from statutory liability 16 ; the minimum cover is € 10,000,000 per event 17 .Undertakings that exclusively use the network infrastructure for exchange or station facilities in arailway yard, or that solely run on decommissioned tracks in order to carry out work on thosetracks must provide for a minimum cover of € 2,500,000 per event 18 . ◄2.3 General business / commercial conditionsIn civil law terms, this <strong>Network</strong> <strong>Statement</strong> is an offer by <strong>ProRail</strong> to titleholders for access to and use ofthe railway infrastructure managed by <strong>ProRail</strong> and the accompanying services provided by <strong>ProRail</strong>.On grounds of specific legal regulations 19 and non-discriminatory considerations, not all parts of thisoffer are open to individual negotiation.2.3.1 Framework AgreementsFramework Agreements are capacity agreements between <strong>ProRail</strong> and a titleholder with a term longerthan one timetable year. These agreements can include agreements on the development of the13141516171819Section 57 Paragraph 2 Railways ActSection 27 Paragraph 2a Railways ActSection 27 Paragraph 2b Railways ActSection 55 Railways ActArticle 7 of the Operating and Safety Licence (Main Railways) DecreeArticle 8 Paragraph 3 of the Operating and Safety Licence (Main Railways) DecreeSection 59 Railways Act<strong>Network</strong> <strong>Statement</strong> <strong>2014</strong> Combined <strong>Network</strong> - version 1.0 dated 9 January 2013 page 14

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