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Network Statement 2014 - ProRail

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6 Charges6.1 IntroductionThis chapter describes the general rules governing the user charge owed by titleholders to <strong>ProRail</strong> inconnection with the services contracted from <strong>ProRail</strong> for the acquisition of capacity rights and accessto and use of the railway infrastructure managed by <strong>ProRail</strong>. The tariffs of the user charge are statedper service in the description of the services in Chapters 5.2 to 5.5. The systems for registration ofconsumption volume are described in Chapter 6.3.6.2 Charging principlesThe user charges are agreed between <strong>ProRail</strong> and the titleholder and laid down in the AccessAgreement, in accordance with the statutory provisions.Summary of regulations► The Railways Act includes the provisions below.a. The budgeted income from user charges will not exceed the budgeted annual costs to beincurred by the manager for the relevant railway infrastructure. 70b. <strong>ProRail</strong> may agree to a user charge that also serves to cover the costs of any party other than<strong>ProRail</strong> with regard to the laying of the infrastructure (in so far as it concerns the networkinfrastructure designated by order in council). 71c. <strong>ProRail</strong> can agree on an increase in the user charge for the use of congested networkinfrastructure during periods of congestion and to cover the costs of environmental effects ofthe use of the network infrastructure that are not included in the budgeted costs of themanager. 72d. <strong>ProRail</strong> can agree on a discount as referred to in Article 9 of Directive 2001/14/EC. 73e. <strong>ProRail</strong> can agree on a discount or a markup in connection with disruptions and with a view toimprovement of the performance of the railway network. 74f. <strong>ProRail</strong> can agree that the user charge is also owed for agreed capacity of which no use ismade. 75g. The agreed user charge complies with Article 4, Paragraphs 4 and 5, Articles 7 thru 12 andArticle 26, Paragraph 3, of Directive 2001/14/EC. 76 ◄<strong>ProRail</strong> guarantees that the pricing complies with the requirements of the Railways Act. <strong>ProRail</strong> will onrequest provide the railway undertakings with information on how the tariffs were calculated, but willnot grant insight into <strong>ProRail</strong>'s business administration.Rules of procedure► Negotiability of the user charges is subject to the rules below.a. Prior to the publication of the <strong>Network</strong> <strong>Statement</strong>, <strong>ProRail</strong> consults and negotiates with thetitleholders about the principles of the user charging system (‘pricing principles’).b. <strong>ProRail</strong> will during the final phase of negotiation present a draft text of the <strong>Network</strong> <strong>Statement</strong>and/or a consultation document with sufficient concrete, complete and correct information. Thetitleholders will be given an opportunity to respond in writing on the presented documents.c. <strong>ProRail</strong> adopts the <strong>Network</strong> <strong>Statement</strong>, while providing an account of the responses received.70717273747576Section 62 Paragraph 1 Railways ActSection 62 Paragraph 2 Railways ActSection 62 Paragraph 3 Railways ActSection 62 Paragraph 4 Railways ActSection 62 Paragraph 5 Railways ActSection 62 Paragraph 6 Railways ActSection 62 Paragraph 7 Railways Act<strong>Network</strong> <strong>Statement</strong> <strong>2014</strong> Combined <strong>Network</strong> - version 1.0 dated 9 January 2013 page 79

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