Railway undertakings from European Union Member States shall have the right for minimal access to the railway infrastructure exclusively for the purpose of providing:
- international transport of passengers;
- international freight services.
Railway undertakings wishing to have access to railway infrastructure in the territory of Poland should obtain a decision granting them the access to particular international routes, issued
by the President of the UTK.
The decision granting the access to the rail infrastructure for the proposed new international service shall be issued, if:
• as a result of administrative proceedings, The President of the UTK determines that the principal purpose of the proposed new service is to carry passengers between stations located
in different Member States (or if such a request wasn’t made );
• as a result of administrative proceedings, The President of the UTK determines that the public service contract is not compromised by the proposed new service (or if such a request wasn’t made).
Administrative decision issued by the President of the UTK grants the access right to the rail infrastructure for the proposed new international service, but it does not guarantee the allocation of the train path. Applicant shall submit to the infrastructure manager the application for the allocation of the railway infrastructure capacity for the route indicated in the decision issued by the President of the UTK, and both parties (applicant and infrastructure manager) shall sign a contract on the allocation of the rail infrastructure.
Administrative decision granting access to the rail infrastructure for the proposed new international service shall be issued for a period not exceeding five consecutive years.