Council of the European Union and European Parliament 21 November 2012, Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast) Text with EEA relevance

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European Union · · · Cited by 2,278 · 21-11-2012

CHAPTER I. GENERAL PROVISIONS
Article 1. Subject-matter and scope
Article 2. Exclusions from the scope
Article 3. Definitions
CHAPTER II. DEVELOPMENT OF THE UNION RAILWAYS
SECTION 1. Management independence
Article 4. Independence of railway undertakings and infrastructure managers
Article 5. Management of the railway undertakings according to commercial principles
SECTION 2. Separation of infrastructure management and transport operations and of different types of transport operations
Article 6. Separation of accounts
Article 7. Independence of essential functions of an infrastructure manager
SECTION 3. Improvement of the financial situation
Article 8. Financing of the infrastructure manager
Article 9. Transparent debt relief
SECTION 4. Access to railway infrastructure and services
Article 10. Conditions of access to railway infrastructure
Article 11. Limitation of the right of access and of the right to pick up and set down passengers
Article 12. Levy on railway undertakings providing passenger services
Article 13. Conditions of access to services
SECTION 5. Cross-border agreements
Article 14. General principles for cross-border agreements
SECTION 6. Monitoring tasks of the Commission
Article 15. Scope of market monitoring
CHAPTER III. LICENSING OF RAILWAY UNDERTAKINGS
SECTION 1. Licensing authority
Article 16. Licensing authority
SECTION 2. Conditions for obtaining a licence
Article 17. General requirements
Article 18. Conditions for obtaining a licence
Article 19. Requirements relating to good repute
Article 20. Requirements relating to financial fitness
Article 21. Requirements relating to professional competence
Article 22. Requirements relating to cover for civil liability
SECTION 3. Validity of the licence
Article 23. Spatial and temporal validity
Article 24. Temporary licence, approval, suspension and revocation
Article 25. Procedure for granting licences
CHAPTER IV. LEVYING OF CHARGES FOR THE USE OF RAILWAY INFRASTRUCTURE AND ALLOCATION OF RAILWAY INFRASTRUCTURE CAPACITY
SECTION 1. General principles
Article 26. Effective use of infrastructure capacity
Article 27. Network statement
Article 28. Agreements between railway undertakings and infrastructure managers
SECTION 2. Infrastructure and services charges
Article 29. Establishing, determining and collecting charges
Article 30. Infrastructure cost and accounts
Article 31. Principles of charging
Article 32. Exceptions to charging principles
Article 33. Discounts
Article 34. Compensation schemes for unpaid environmental, accident and infrastructure costs
Article 35. Performance scheme
Article 36. Reservation charges
Article 37. Cooperation in relation to charging systems on more than one network
SECTION 3. Allocation of infrastructure capacity
Article 38. Capacity rights
Article 39. Capacity allocation
Article 40. Cooperation in the allocation of infrastructure capacity on more than one network
Article 41. Applicants
Article 42. Framework agreements
Article 43. Schedule for the allocation process
Article 44. Applications
Article 45. Scheduling
Article 46. Coordination process
Article 47. Congested infrastructure
Article 48. Ad hoc requests
Article 49. Specialised infrastructure
Article 50. Capacity analysis
Article 51. Capacity-enhancement plan
Article 52. Use of train paths
Article 53. Infrastructure capacity for maintenance work
Article 54. Special measures to be taken in the event of disturbance
SECTION 4. Regulatory body
Article 55. Regulatory body
Article 56. Functions of the regulatory body
Article 57. Cooperation between regulatory bodies
CHAPTER V. FINAL PROVISIONS
Article 58. Public procurement rules
Article 59. Derogations
Article 60. Exercise of the delegation
Article 61. Measures of application
Article 62. Committee procedure
Article 63. Report
Article 64. Transposition
Article 65. Repeal
Article 66. Entry into force
Article 67. Addressees
ANNEX I. LIST OF RAILWAY INFRASTRUCTURE ITEMS

14.12.2012

Official Journal of the European Union

L 343/32

DIRECTIVE 2012/34/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 November 2012

establishing a single European railway area

(recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in

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