4.7 TRANSPORT OF DANGEROUS GOODS (updated in December 2018

The exemption cannot be cumulated. This exemption is not subject to adjustments for contract amendments. Regarding freight transport services, the exemption is gradually determined as follows:  6% for access contracts of less than 2 million euros;  5% for access contracts of between 2 million and 10 million euros;  4% for access contracts in excess of 10 million euros. In the case of short-to-long distance passenger services (including the HS/HC infrastructure services), the exemption is gradually determined as follows:  3% for access contracts of less than 6 million euros;  2% for access contracts of between 6 million and 100 million euros;  1% for access contracts in excess of 100 million euros. The sums – if any – charged by the IM to the RU, under paragraph 4.6.3, determined by the IM on a monthly basis and reported to the RU, shall be progressively subtracted from the exemption - in respect of the share that exceeds the sums due by the IM to the RU for any measures cancelling and/or re-routing the train paths – and shall not determine any disbursements until it has been used up. The exemption shall terminate at the expiry of the Access Contract and cannot be used to set off any sums due for other reasons. Any sums relating to non-usage in excess of the exemption amount shall be paid in connection with the balancing invoice.

4.7 TRANSPORT OF DANGEROUS GOODS (UPDATED IN DECEMBER 2018)

Upon submission of a train path request, the RU is obliged to specify whether the transport shall concern dangerous goods, classified as such by the applicable operating regulation "Reglement concernant le transport international ferroviaire des merchandises dangereuses - RID". In the event the request concerns the transport of dangerous goods, concerning connected facilities, the RU shall submit a declaration in writing to the Manager of the Terminal specifying the transport acceptance capacity, in accordance with the applicable regulations, subject to forfeiture of the application, according to the following schedule:  within 5 calendar days after the delivery of the final draft timetable in November, in the case of path / service requests for the timetable following the working timetable;  within 5 calendar days prior to the date of activation of the path /service, in the event of short-term path and service requests (during the working timetable). The yards suited to the terminalisation of dangerous goods are specified in the ePIR portal. The proposed train path issued to the RUs submitting requests for dangerous goods shall include the specification "transport of dangerous goods - TDG". This note shall be recorded directly in the traffic management platform (PIC), where the good path request is submitted in the short term. The paths allocated in relation to path requests without the above mentioned information being provided cannot be used for transporting dangerous goods. In connection with the notification of the formation of freight trains, the RU shall inform the IM, for each freight or tank car forming the train, and the quantity (net weight expressed in kilos) of each type of dangerous goods carried. This notification - including all the elements specified above - is preliminary to and binding on the departure of the train.

4.7.1 Criteria for identifying the freight terminals/handling stations for dangerous goods

The IM shall identify and define – in accordance with dedicated procedures – the Terminal Freight Stations (SMT – Scali Merci Terminali) – within the meaning of Schedule 1 to the Decree issued by the Environment Ministry on 20/10/1998 – with respect to the National Rail Infrastructure, also meeting any specific requirements of the RUs.