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Text consolidated by Valsts valodas centrs (State Language Centre) with amending procedures of:

16 November 2011 [shall come into force from 1 January 2012];
27 September 2013 [shall come into force from 3 October 2013].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.

Decision No. 1/11 of the Board of the Public Utilities Commission

Adopted 16 June 2011

Procedures for the Application of the Charges for the Use of the Public-use Railway Infrastructure

Issued pursuant to
Section 12, Paragraph 2.1 of the Railway Law and
Section 25, Paragraph one of the Law On Regulators of Public Utilities

I. General Provisions

1. Procedures for the application of the charges for the use of the public-use railway infrastructure (hereinafter - procedures) govern the procedures by which the performer of the essential functions of the public-use railway infrastructure manager (hereinafter - performer of the essential functions) is entitled:

1.1. to specify an elevated charge for the use of the public-use railway infrastructure (hereinafter - railway infrastructure) for specific stretches of the railway infrastructure during a period of time when such railway infrastructure is congested (hereinafter - elevated infrastructure charges);

1.2. to apply economically justified discounts for limited periods of time to the charges for the use of the public-use railway infrastructure (hereinafter - infrastructure charges), which promote optimal use of the capacity of the relevant infrastructure (hereinafter - infrastructure charges discount).

2. The procedures are binding to the performer of the essential functions, the public-use railway infrastructure manager which does not carry out the essential functions of the manager (hereinafter - manager) and to commercial companies which have received a railway undertaking licence or a safety permit for the performance of carriage by rail or ensuring of technological processes (hereinafter - undertaking).

3. A decision on elevated infrastructure charges and infrastructure charges discount shall be taken by the performer of the essential functions.

4. The performer of the essential functions shall publish a decision by which elevated infrastructure charges are determined and a decision by which infrastructure charges discount is applied within three working days after taking of the relevant decision in the official gazette Latvijas Vēstnesis, as well as submit a copy of the decision to the Public Utilities Commission (hereinafter - Commission) and the manager.

[27 September 2013]

II. Decision on Elevated Infrastructure Charges

5. The performer of the essential functions is entitled to determine elevated infrastructure charges for specific stretches of the railway infrastructure during a time period when such railway infrastructure is congested in accordance with Section 27, Paragraph eleven of the Railway Law, and in accordance with laws and regulations an auction has taken place regarding granting of the right for the use of the relevant stretch of the railway infrastructure for carriage, applying the principle of putting the charges for the use of the relevant railway infrastructure up at auction.

6. In order for the performer of the essential functions to be able to take a decision on elevated infrastructure charges, the manager shall submit the following information to the performer of the essential functions according to the procedures laid down by the performer of the essential functions:

6.1. a drawn-up increase in capacity plan discussed with the undertakings;

6.2. an analyses for the use of the infrastructure.

7. The performer of the essential functions shall take a decision on elevated infrastructure charges within 10 working days after receipt of all the information stipulated in Paragraph 6 of the procedures.

8. The performer of the essential functions is entitled to request additional information or documents, if there is no sufficient information in the documents submitted by the manager in accordance with Paragraph 6 of the procedures for determination of elevated infrastructure charges.

9. The manager shall submit the additional information or documents requested by the performer of the essential functions within the time period and according to the procedures stipulated by the performer of the essential functions.

10. The time period in which the manager shall submit the additional information or documents requested by the performer of the essential functions shall not be included in the time period stipulated in Paragraph 7 of the procedures.

11. The performer of the essential functions shall determine the amount of elevated infrastructure charges and the term of application thereof in the decision on determination of elevated infrastructure charges, on the basis of the results of the auction referred to in Paragraph 5 of the procedures.

12. The term of application of elevated infrastructure charges may not exceed the term stipulated in the documents of the auction.

13. A decision on elevated infrastructure charges shall enter into effect within the time period stipulated by the performer of the essential functions, but not earlier than on the following day after publishing of the relevant decision in the official gazette Latvijas Vēstnesis.

[27 September 2013]

14. The manager or undertaking is entitled to submit a complaint on determination of elevated infrastructure charges to the Commission not later than within a month from the day when the relevant decision was published in the official gazette Latvijas Vēstnesis. The Commission shall examine the complaint in accordance with the procedures and within the time period laid down in laws and regulations.

[27 September 2013]

III. Decision on Infrastructure Charges Discount

15. The performer of the essential functions is entitled to determine the following infrastructure charges discounts:

15.1. infrastructure charges discount for trains and other rolling stock of the manager and undertakings, which do not participate in carriage of railway freight or passengers by railway, however, are related to the elimination or liquidation of the consequences of accidents, the preparation of train sets for engaging in carriage, the maintenance of the railway infrastructure, the performance of all repair works (hereinafter - discount for organisation of carriage);

15.2. infrastructure charges discount for trains of undertakings, if the amount of carriage during the time period of the determined infrastructure charges exceeds the amount of train kilometres planned for a particular category of trains, which has been taken into account in determining the existing infrastructure charges (hereinafter - discount on amount).

16. In order for the performer of the essential functions to be able to take a decision on infrastructure charges discount, the manager shall submit documents to the performer of the essential functions in accordance with the procedures stipulated by the performer of the essential functions, which confirm that the rolling stock determined in Sub-paragraph 15.1 of the procedures and its trains do not participate in carriage of railway freight or passengers by railway, but ensure technological processes (construction, repair and technical maintenance of technical equipment of the railway infrastructure, modernisation of the railway rolling stock, preparation of repair trains and locomotives, movement of locomotives, etc.).

17. For trains and rolling stock assigned by the manager, which ensure the technological processes stipulated in Paragraph 16 of the procedures, the discount for organisation of carriage shall be determined in the amount of 100% from the current infrastructure charges.

18. For trains and rolling stock assigned by managers, which ensure the technological processes stipulated in Paragraph 16 of the procedures, the discount for organisation of carriage shall be determined according to the following formula:

Aorg = 100 - Ivkvc 100, where
Ikop

Aorg - discount for organisation of carriage for trains and rolling stock appointed by undertakings (%);

Ivkvc - costs of organising the movement of trains included in the calculation of infrastructure charges (EUR);

Ikop - the total costs included in the calculation of infrastructure charges (EUR).

[16 November 2011; 27 September 2013 / Amendments shall come into force from 1 January 2014. See Paragraph 31]

19. If the proportion between the costs for organisation of train movement included in the calculation of infrastructure charges and the total costs in the next period for the calculation of infrastructure costs does not change by more than 3%, the discount for organisation of carriage previously approved by the performer of the essential functions shall remain in effect.

20. In order for the performer of the essential functions to be able to take a decision on discount on amount, the manager shall submit the following information to the performer of the essential functions according to the procedures laid down by the performer of the essential functions:

20.1. an explanation regarding the planned impact of granting the discount on amount on the amount of revenue from infrastructure charges and the costs planned by the manager;

20.2. information regarding changes planned by managers in amounts of carriage within a specific period of time, during which granting of discount on amount is planned;

20.3. other additional information, which may be important for taking of a decision to grant discount on amount.

21. The performer of the essential functions shall determine the discount on amount for a particular train category, without exceeding the savings on administrative costs of the manager, according to the following formula:

Ak =

Icd.visp + Iel.visp + Iscb.visp + Itel.visp + Idfg.adm

100, where
Ikop

Ak - discount on amount for a particular train category (%);

Icd.visp - general costs for the maintenance of track holding technician included in the calculation of infrastructure charges of the particular train category (EUR);

Iel.visp - general costs of technical service and routine repairs of electric supply equipment included in the calculation of infrastructure charges of the particular train category (EUR);

Iscb.visp - general costs of technical service and routine repairs of automatic control system of train movement included in the calculation of infrastructure charges of the particular train category (EUR);

Itel.visp - general costs of technical service and routine repairs of telecommunications networks and devices for the railway purposes included in the calculation of infrastructure charges of the particular train category (EUR);

Idfg.adm - management costs of the railway infrastructure manager included in the calculation of infrastructure charges of the particular train category (EUR);

Ikop - the total costs included in the calculation of infrastructure charges of the particular train category (EUR).

[16 November 2011; 27 September 2013 / Amendments shall come into force from 1 January 2014. See Paragraph 31]

22. The performer of the essential functions shall take a decision on infrastructure charges discount within 10 working days after receipt of all the information stipulated in Paragraphs 16 and 20 of the procedures.

23. The performer of the essential functions is entitled to request additional information or documents, if there is no sufficient information in the documents submitted by the manager in accordance with Paragraphs 16 and 20 of the procedures for determination of infrastructure charges discount.

24. The manager shall submit the additional information or documents requested by the performer of the essential functions within the time period and according to the procedures stipulated by the performer of the essential functions.

25. The time period in which the manager shall submit the additional information or documents requested by the performer of the essential functions shall not be included in the time period stipulated in Paragraph 22 of the procedures.

26. The performer of the essential functions shall determine the amount of infrastructure charges discount and the term of application thereof in the decision on determination of infrastructure charges discount.

27. The term of application of discount on amount may not be longer than the end of the period of application of the determined infrastructure charges.

28. A decision on infrastructure charges discount shall enter into effect within the time period stipulated by the performer of the essential functions, but not earlier than on the following day after publishing of the relevant decision in the official gazette Latvijas Vēstnesis.

[27 September 2013]

29. The manager or undertaking is entitled to submit a complaint on determination of infrastructure charges discount to the Commission not later than within a month from the day when the relevant decision was published in the official gazette Latvijas Vēstnesis. The Commission shall examine the complaint in accordance with the procedures and within the time period laid down in laws and regulations.

[27 September 2013]

IV. Closing Provision

30. The procedures shall come into force on 1 January 2012.

31. The designation "LVL" shall be substituted with the designation "EUR" throughout the text. Changes laid down in this Paragraph shall come into force on 1 January 2014.

[27 September 2013]

Chair of the Public Utilities Commission V. Lokenbahs

 


Translation © 2014 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Maksas par publiskās lietošanas dzelzceļa infrastruktūras izmantošanu piemērošanas kārtība Status:
No longer in force
no longer in force
Issuer: Public Utilities Commission Type: decision Document number: 1/11Adoption: 16.06.2011.Entry into force: 01.01.2012.End of validity: 30.06.2017.Publication: Latvijas Vēstnesis, 97, 22.06.2011.
Language:
LVEN
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01.01.2014
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