Applicants may submit applications to infrastructure managers for capacity allocation.
An applicant within the meaning of the Rail Transport Act is a railway undertaking, an international economic interest group including railway undertakings, or any other entity interested in obtaining capacity, in particular a public rail transport organiser, freight forwarder, shipper or combined transport operator.
The infrastructure manager shall allocate capacity on the basis of applications received. If the manager refuses to consider an application for capacity allocation or refuses to allocate capacity, the applicant may file a complaint with the President of UTK (the Office of Rail Transport). The President of UTK shall then state by decision that the refusal does not require any changes, requires modification or revocation. The administrator shall either modify the refusal or revoke the refusal in accordance with the guidelines set by the President of UTK in this decision.
The applicant acquires the right to apply for capacity allocation after concluding a contract for capacity allocation with the manager. The agreement specifies in particular:
- the rights and obligations of the manager and the applicant in respect of the allocated capacity;
- the method and time limits for providing the manager with information about the railway undertaking entitled to use the capacity to be allocated to the applicant.
The infrastructure manager may specify the contract requirements for financial guarantees to secure payment. These requirements must be adequate, transparent and non-discriminatory. With regard to rail passenger services other than occasional services, the manager shall conclude a contract for the allocation of capacity to the extent that the applicant has concluded a public service contract, submitted a statement of the organiser of public rail transport on its intention to include trains in the public service contract, or obtained a decision on granting open access.
The President of UTK, in the field of rail transport regulation, supervises the conclusion of capacity allocation contracts. If the applicant and the manager fail to agree on the provisions of the capacity allocation agreement, the President of UTK issues a decision on capacity allocation, which substitutes the capacity allocation contract. Proceedings before the President of UTK on the conclusion of a capacity allocation agreement between a railroad infrastructure manager and a specific applicant may be initiated at the request of the applicant. The applicant's application should include a draft contract for capacity allocation and the current positions of the parties to the contract, noting those parts of the contract on which the parties have not reached an agreement. The President of UTK shall issue a decision on the allocation of capacity, specifying in it the terms of the agreement agreed upon by the parties, and resolving those parts where the parties have not reached an agreement. The decision shall expire if a contract for capacity allocation is concluded.
At the reasonable request of the applicant, the infrastructure manager may conclude a contract with the applicant for the reservation of capacity for a period beyond the period of the annual train schedule. The framework agreement specifies, in particular, the approximate parameters of the capacity within which train paths will be allocated to the applicant. The framework agreement does not specify train paths. The manager shall make the provisions of the framework agreement available to the applicant, upon request, under the protection of business confidentiality.
The framework agreement may be concluded:
- for a period of no more than 5 years and may be renewed for successive 5-year periods.
- for a period longer than 5 years, and requires detailed justification by the applicant with existing, long-term commercial contracts or incurred or planned investments,
- for a period of 15 years in exceptional, justified cases, in the case of services provided using railway infrastructure requiring long-term investments,
- for a period longer than 15 years only in exceptional cases, in particular, when services are provided using railway infrastructure requiring large-scale long-term investments and when such investments covered by contractual obligations, including a multi-year depreciation plan.
With regard to the conclusion of framework agreements, the President of UTK is empowered to approve them. This is because, according to the provisions of the Act, a framework agreement can be concluded after the President of UTK approves its draft. The draft framework agreement, once initialled by the parties, is submitted by the manager to the President of UTK for approval. The President of UTK approves the draft framework agreement by decision. The President of UTK shall refuse to approve a draft framework agreement that does not meet the requirements referred to above.
The capacity allocated to an applicant may not be transferred to another applicant. The capacity allocated to an applicant who is not a railway undertaking may not be used for any other type of transport than the one indicated in the application for capacity allocation. An applicant may designate different railway undertakings authorized to use the capacity allocated on the basis of individual applications. An applicant that is a railway undertaking may not designate another railway undertaking to use the capacity allocated to it.
The infrastructure manager shall submit to the railway undertaking designated by the applicant, within the timeframe agreed with the applicant, a draft agreement on the use of capacity. The railway undertaking acquires the right to use the capacity allocated to the applicant after concluding a capacity use agreement with the manager. The agreement specifies, in particular, the rights and obligations of the infrastructure manager and the railway undertaking with respect to the allocated capacity, as well as the methods and conditions of its use. The infrastructure manager may specify in the contract requirements for financial guarantees to secure payment. These requirements must be appropriate, transparent and non-discriminatory. The contract is concluded for a period no longer than the duration of the annual train timetable.
In regulating the rail market, the President of UTK also supervises contracts on the use of capacity. If the railway undertaking and the manager fail to agree on the provisions of the contract on the use of capacity, the President of UTK issues a decision on the use of capacity which substitutes the contract on the use of capacity. Proceedings are initiated at the request of the manager or the railway undertaking. The application should include a draft contract on the use of capacity and the current positions of the parties, noting those parts of the contract on which the parties failed to reach an agreement. The President of UTK shall issue a decision on the use of capacity, specifying in it the terms of the contract agreed upon by the parties and resolving those parts where the parties have failed to agree. The decision expires if an agreement on the use of capacity is concluded.
The President of UTK is also empowered to supervise the termination of a contract on the use of capacity. This is because the Railway Transport Act stipulates that the termination of a contract on the use of capacity requires the consent of the President of UTK, granted by decision. The decision is issued within a month from the date the application is received by the President of UTK.