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Network Statement 2014 - ProRail

Network Statement 2014 - ProRail

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the required capacity. <strong>ProRail</strong> will communicate this and consult with the titleholders involvedabout changes to the manner and dates of implementation. If no consensus is reached on theimplementation variant, the titleholders involved and <strong>ProRail</strong> commit themselves within 10 workingdays, using a procedure to be agreed upon at that time, to formulate an allocation variant that canbe agreed on. Precondition is that the work involved is performed in the <strong>2014</strong> Timetable.e. <strong>ProRail</strong> will in case of a dispute regarding capacity for work required by <strong>ProRail</strong> provide adequatesubstantiation of the usefulness and necessity of the required capacity.f. Work on the railways generally demands a (single) large possession and multiple smallerpossessions (for preparation and finishing work). These smaller possessions are implemented asmuch as possible in the maintenance roster. If the maintenance roster provides insufficientcapacity, <strong>ProRail</strong> will communicate this and determine the required capacity for preparation andfinishing work no later than 13 weeks before implementation. <strong>ProRail</strong> will consult with thetitleholders involved on how to fit in the extra required capacity; if no consensus can be reached,the procedure for handling of the dispute as referred to in the previous paragraph also applies.The purpose of the above provisions is to make optimal use of the large possessions, which fitwithin the national context.g. The titleholders or <strong>ProRail</strong> can make their permission subject to the condition that compensation isprovided for the negative consequences that they experience through deviation from the earlierallocated capacity. Such compensation is limited to direct operational costs, accompanied byproper substantiation and specification.h. In case of (potential) disruptions or irregularities 59 that constitute a (potential) threat 60 ,maintenance is required and titleholders lose their capacity rights in order to allow theperformance of work (repairs, urgent replacements, etc.) for restoration/assurance of safe anduninterrupted train traffic. <strong>ProRail</strong> will strive to carry out this work as much as possible within themaintenance roster.4.4.2 Dispute resolution processCoordination involves technical consultation between experts. Experts can have a difference ofopinion resulting in a deadlock in case of a conflict. In order to maintain progress in the capacityallocation process, there is a dispute resolution scheme that produces a decision within 10 workingdays.By applying the scheme described in this paragraph, <strong>ProRail</strong> complies with the provisions of Article 21Paragraph 6 of Directive 2001/14/EC.An applicant or <strong>ProRail</strong> can initiate the dispute resolution process during the coordination phase of theannual timetable up to 10 working days before determining of the capacity allocation for the annualtimetable.A titleholder can also invoke the dispute resolution regulations if it feels prejudiced by the manner inwhich <strong>ProRail</strong>, in determining the capacity allocation, has deviated from the draft timetable presentedby <strong>ProRail</strong> on an earlier occasion; in such a case, the titleholder must invoke the dispute resolutionregulations within 5 working days of determination of the capacity allocation by <strong>ProRail</strong>.The dispute resolution procedure prescribes a meeting whereby the parties involved will be offered afair hearing with the objective of resolving the conflict. If no solution is achieved, the chairman willpronounce his decision - to the Allocation Table - within 10 working days of the dispute beingsubmitted. This decision then serves as the point of departure for further coordination. <strong>ProRail</strong> will actas chairman in case of conflicting applications between titleholders (traffic/traffic). In case of a conflictbetween an application by a titleholder and the required capacity for scheduled work on or near thenetwork or the maintenance roster, the dispute will be handled by a chairman independent of <strong>ProRail</strong>,who will be appointed by <strong>ProRail</strong> with the approval of the titleholders. Handling of the dispute will inthat case produce an advice from which <strong>ProRail</strong> may only for good reasons deviate in its capacityallocation. <strong>ProRail</strong> will communicate these reasons to the titleholders involved.5960To be ascertained on the basis of inspections, notifications, disruptions, etc.This constitutes a further specification of the situation "in case of emergency" as referred to in Article 8Paragraph 3 of the General Terms & Conditions.<strong>Network</strong> <strong>Statement</strong> <strong>2014</strong> Combined <strong>Network</strong> - version 1.0 dated 9 January 2013 page 55

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