Untitled - Adif

NETWORK STATEMENT 2008. UPDATE6.3. 2008 PROVISIONAL CHARGESFOR THE SUPPLY OF ADDITIONAL,SUPPLEMENTARY AND ANCILLARYSERVICESIncluded below is the full text of the documentapproved by the ADIF Board of Directors on30 th November, 2007, and published in theOfficial State Bulletin (BOE) through Resolutionof the General Secretariat for Infrastructure ofthe Ministry of Public Works of 12 th December,2007.The supply of these services is subject to thepayment of certain Charges to ADIF, whichshall be annually fixed by the latter.The current model enables new companies toenter the railway market in accordance withthe liberalisation process stimulated by theEU, and it is therefore necessary to ensureprinciples of objectivity, transparency andnon-discrimination in the supply of services,thereby facilitating market access in equitable,fair and non-discriminatory conditions so asnot to nullify the effect of competition rules.1196.3.1. INTRODUCTIONThe liberalisation of the railway industrycarried out in our legal system by Law39/2003 of 17 th November for the RailwayIndustry and its guidelines in law involvesthe opening up of the latter to RUs and othercandidates and encourages the establishmentof a single railway transport industry in theEU. It is consequently based on the divisionof railway infrastructure management activitiesand transport services, as a managementtechnique that has been described as essentialby the EU to successfully conclude this processof revitalization and liberalization. To do this,the public Railway IM (ADIF) was assignedwith the administration of this infrastructureas its basic function. The activity of supplyingtransport, freight and passenger services isentrusted to the Public Company known asRENFE Operadora.The Law provides that, as well as the mainrailway infrastructure management activity,ADIF shall supply, based on competition andprivate law, Additional, Supplementary andAncillary railway services to third parties.The legal mandate is thereby observed andinterested operators are informed of theeconomic and legal framework in which theseservices are supplied, as well as the conditionsin which they are provided; what these areand what they include.For this purpose, the rules governing the aboveand a description is outlined below.6.3.2 CURRENT REGULATIONSPUBLIC RAILWAY INFRASTRUCTUREMANAGEMENT COMPANY, ADIFPursuant to the first additional provision of Law39/2003 of 17 th November regarding theRailway Industry, the RENFE public companybecame known as a Railway InfrastructureManager, ADIF, and assumed the functionsassigned to the Railway InfrastructureManager in the Railway Industry Law and itsguidelines in law.ADIF was founded as a public body inaccordance with the provisions of article 43.1.bCHARGES06