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Network Statement 2014 - ProRail

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4 Capacity allocation4.1 IntroductionIn this chapter, <strong>ProRail</strong> describes the procedures, rules and schedules drawn up with a view torealising an organised and honest capacity allocation and traffic control process. All titleholders aretherefore subject to the same procedures, rules and schedules. Irrevocable decisions by the NMa, theNetherlands Monopolies Committee, may prompt changes to these procedures, rules and schedulesafter publication of the <strong>Network</strong> <strong>Statement</strong>, in the form of supplements thereto.The capacity allocation process is structured as a negotiation Table as referred to in the RailwayCapacity Allocation Decree. Parties with capacity requirements are invited to consult around this Tablein order to achieve an optimal allocation of capacity. <strong>ProRail</strong> chairs this process and submits solutionsfor consultation.Rules of procedure► Parties requesting capacity for the <strong>2014</strong> Timetable commit themselves to observing theprocedures, rules and schedules for the processing of all capacity applications as stated in this<strong>Network</strong> <strong>Statement</strong>, including the regulations on capacity allocation disputes. By submitting atimetable application, an agreement is concluded between the requesting party and <strong>ProRail</strong>,which agreement includes the aforementioned procedures, rules and schedules for the processingof applications. ◄4.2 Description of process4.2.1 Legal FrameworkSummary of regulations► The Railways Act and the Railway Capacity Allocation Decree provide further detailing of theprovisions of Directive 2001/14/EC in order to allocate the capacity in an honest, fair and nondiscriminatorymanner.• The allocated capacity is agreed between the titleholders and <strong>ProRail</strong>. 45• Minimum capacity levels are set per submarket. 46• Statutory priority rules apply to congested infrastructure. 47• Rules apply for the allocation of capacity for work on the railways. 48• The Netherlands Monopolies Committee (NMa) is charged with supervising compliance withthe statutory regulations regarding capacity allocation and dealing with complaints about thecapacity allocation process or the results thereof. 49Part of the Combined <strong>Network</strong> of <strong>ProRail</strong> falls, pursuant to EU Regulation 913/2010, under theInternational “Rail Freight Corridors”, which are yet to be established. This regulation has a directeffect on capacity allocation on the international freight corridors specified in the annex to theregulation ◄4546474849Section 59 Railways ActSection 8 Railway Capacity Allocation DecreeSections 10, 11 and 12 Railway Capacity Allocation DecreeSections 6 and 9 Railway Capacity Allocation DecreeSection 70 Railways Act<strong>Network</strong> <strong>Statement</strong> <strong>2014</strong> Combined <strong>Network</strong> - version 1.0 dated 9 January 2013 page 43

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