Network Statement 2021 – July 2021 edition Any requests rejected due to insufficient capacity shall be reviewed, in agreement with the Applicant, on the next timetable adjustment relating to the routes concerned. Exceptions to this rule are the operating management requests, for which the decision is final.
4.5 ALLOCATION OF CAPACITY FOR INFRASTRUCTURE MAINTENANCE (UPDATED IN DECEMBER 2019) In preparing the service programmes for the restrictions of capacity referred to in points 2, 3 and 4 of par. 2.3.3.5, in the event that any cancellations or detours become necessary, the IM shall prepare the timetable measures for the purpose of maximising access to the capacity and maintaining the highest possible number of paths on the sections concerned by the restrictions, taking into account any peculiar needs, such as services on single-track lines or terminalisation constraints. In the event no agreement is reached with the RUs, the IM shall apportion the available capacity according to the criteria referred to in par. 4.4.5.2.
4.6 RULES GOVERNING THE FAILED APPOINTMENT AND CONCLUSION OF ACCESS CONTRACTS AND THE NON-USAGE OF CAPACITY The paragraphs below (4.6.1, 4.6.2 and 4.6.3) shall govern the economic effects of the failure to appoint, conclude contracts and utilise the capacity relating to HS/HC and conventional infrastructure.
4.6.1 Consequences in the case of the failure to appoint a RU by the Applicant (other than a RU) and/or the failure to enter into an access contract by the appointed RU (updated in December 2018) 1. The Applicant (other than a RU) shall pay to the IM a sum equal to 50% of the charge for the paths made available and accepted, plus any energy costs, based on the number of trains circulated during the first 60 days, as per the issued and agreed draft timetable, if:
2.
a)
the applicant (other than a RU) fails to appoint the RU to perform the transport services, within the deadline set out in paragraph 2.2.2.2;
b)
the RU appointed by the Applicant (other than a RU) fails to enter into the access contract.
If the unused paths, as a result of the circumstances referred to in a) and b) (entirely or partially) concern: -
sections of the infrastructure or time slots whose capacity has been declared to be limited or congested, pursuant to paragraph 3.9;
-
sections of the HS/HC infrastructure;
the rate for calculating the penalty in 1) above is 75%. 3. If the unused paths, as a result of the circumstances referred to in a) and b) above, are related to capacity requests submitted under a previous Framework Agreement for public transport services, the rate for calculating the penalty in 1) above is 45%. 4 If, as a result of the circumstances referred to in (a) and (b) above, the paths are subsequently allocated to another applicant, with the same characteristics the penalty payable by the defaulting Applicant (other than a RU) (in the circumstances referred to in 1, 2 and 3 above) is calculated based on the number of trains circulated during the first 30 days, as per the issued and agreed draft timetable.
4.6.2 Consequences in the case of the failure to enter into Contracts for (partial or total) access to Train Paths If the Applicant, through its own fault, fails to enter into a contract, with respect to the train paths requested, made available and accepted, it shall be required to pay to the IM a sum equal to 50% of the access charge for the paths for which no contract has been entered into, plus any energy costs, based on the number of trains circulated during the first 60 days, as per the issued and agreed draft timetable. 119
