Non-RU Applicant (NRA), PCS UG 15th May 2018, Vienna

RNE Guideline

Concepts Non-transfer concept The Infrastructure Manager and the non-RU Applicant conclude a Contract for the allocation of train paths on the national rail network, which is composed of General Conditions and Special Conditions. Even if they have appointed a RU to use the train path, non-RU Applicants retain all rights and obligations linked to this contract. So during the working timetable, they continue to manage the train paths (modification and cancellation of the train paths). To use the train path (running on the rail network), they conclude contracts with RUs by issuing calls for tender. Transfer concept With the appointment of a RU to run the train, all rights and obligations of the non-RU Applicant are transferred to the appointed RU and from this moment on the IM/C-OSS is dealing with the RU only.

Definitions RNE Guideline: RU Applicants: RUs and International groupings of RUs Non-RU Applicants: other persons or legal entities with a public-service or commercial interest in procuring infrastructure capacity TAF/TAP-TSI schema: Responsible Applicant: This element has to be used for the whole journey where the applicant has made the request Responsible RU: RU Responsible for the physical operation of the train or wagon JSG Handbook: Applicant: "Lead RU" For passenger, a RU or Access Party can be in charge of the coordination between different RUs. This is a RU/AP chosen by the applicant group (the involved RUs) to initiate the dossier. For freight purposes the LRU (Lead RU) – if defined – takes complete responsibility of the whole traffic (e.g. only point of contact to freight customer) RU: Any public or private undertaking, licensed according to applicable. Community legislation, the principal business of which is to provide services for the transport of goods and/or passengers by rail with a requirement that the undertaking must ensure traction; this also includes undertakings which provide traction only.

Definitions 62/2006 EC Applicant (Directive 2012/34/EU (3)) means a railway undertaking or an international grouping of railway undertakings or other persons or legal entities, such as competent authorities under Regulation (EC) No 1370/2007 and shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity Railway Undertaking (Directive 2004/49/EC (9)) means railway undertaking as defined in Directive 2001/14/EC, and any other public or private undertaking, the activity of which is to provide transport of goods and/or passengers by rail on the basis that the undertaking must ensure traction; this also includes undertakings which provide traction only

Requirements

Rules NRA must accept GTC of RFC Rights according to guideline: To request capacity To modify or withdraw the request To participate in coordination process in case of conflict To accept or refuse the alternatives offered by the OSS/C-OSS To accept or refuse the Draft Offer and Final Offer To ask for modification or to cancel the allocated capacity To change the appointed RU RU appointment: RU appointment latest 30 days before train operation If RU is not selected inside 30 days, remove running day from the dossier Inside 30 days to the running day Applicant is not allowed to change RU Inside 30 days to the running day, if the selected RU should be change, Applicant shall cancel the path for those days Notifications

30 Days rule

Questions How many NRA can be in one dossier? On which level are they? How to deal with Train ID? Company Code is the 4-digit RICS code. Does non-RU Applicant have it? Is the non- RU Applicant who generates the Train ID? Please note that Train ID cannot be changed after starting Harmonization (way before appointing RU). How to fulfil dossier data and submit feasibility study or path request without RU? Lessons learnt (CargoBeamer case), organizational issues What kind of access should a selected RU get to the dossier? Depending on the selected concept. Only those days of the train run where it’s selected?