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DB Netz AG Network Statement 2018 Valid from 10.12.2017

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DB Netz AG Network Statement 2018 Valid from 10.12.2017 DB Netz AG Network Statement 2018 valid from 10.12.2017 DB Netz AG Headquarters I.NMN Version control Date Modification 11.12.2016 Amendment of Network Statement 2017 as at 11. December 2016 (Publication of the Network Statement 2018) 06.02.2017 Amendment of Network Statement 2018 due to decision of the Fed- eral Network Agency (BNetzA) to the application of DB Netz AG for approval of the charging principles and charges for the provision of the minimum access package with effect from 10. December 2017 (TPS 2018) Printed by DB Netz AG Editors Principles of Network Access/Regulation (I.NMN) Theodor-Heuss-Allee 7 60486 Frankfurt am Main Picture credits Front page photo: Urheber: Volker Emersleben Copyright: Deutsche Bahn AG Network Statement 2018, editorial status 06.02.2017 2 Notes 1. Pending court proceedings regarding prohibitions of individual clauses The following clauses may still be modified due to court proceedings:. Section 2.9.8.3 The Federal Network Agency (BNetzA) rejected the intended modification in section 2.9.8.3 sentence 2 lit. c) of the Network Statement 2018 with its decision of 18 Novem- ber 2016 – BK 10-16-0009_Z, namely the modification to use the word “material” in rela- tion to contractual duties. The rejection also covers the addition in brackets, which in- cludes an abstract legal definition of the material contractual duty. If the rejection should be qualified as unlawful as a result of court proceedings, section 2.9.8.3 sentence 2 lit. c) would read as follows: „only for damage resulting from a non-inconsiderable infringement of a material contrac- tual duty (an obligation whose satisfaction is what makes the proper performance of the contract even possible and the observance thereof is something on which the contrac- tual partner regularly relies and is able to rely); in this case, however, liability is limited to compensating the damage that is foreseeable and which typically occurs.” Section 2.9.8.4 The Federal Network Agency rejected the intended modification in section 2.9.8.4 sub- section 1 of the Network Statement 2018 with its decision of 18 November 2016 – BK 10-16-0009_Z. If the rejection should be qualified as unlawful as a result of court proceedings, section 2.9.8.4 would read as follows: „2.9.8.4 Third Party Liability Act, attribution of fault, settlement between joint and several debtors In any event, DB Netz AG’s liability for damage to property under section 1 of the Third Party Liability Act relies that DB Netz AG be at fault. This does not apply to any liability for personal damage of the Applicant or the involved RU. The limitations on liability under section 2.9.8.3 also apply in the event of breaches of duty by or for the benefit of persons for whose fault DB Netz AG or the Applicant or the involved RU is responsible under statutory provisions. If DB Netz AG and the Applicant or the involved RU are liable as joint and several debt- ors for any damage to a third party, the limitations on liability under section 2.9.8.3 of the Network Statement and this section 2.9.8.4 will not apply in relation to the settlement be- tween joint and several debtors in the internal relationship between DB Netz AG and the Applicant or the involved RU.“ Section 4.2.5.1 With its decision of 22 September 2015 – file no.: 10.030-F-15-404, the Federal Network Agency objected to the intended deletion of the following wording in section 4.2.5.1: “In the event of the technical failure of PCS, RNE offers the option of submitting train path applications for PaPs by means of sending the current RNE application form to the contact named in section 1.9.2.“ Network Statement 2018, editorial status 06.02.2017 3 2. General The charging principles and charges published here for the working timetable period 2017 / 2018 concerning the minimum access package and being subject to the approval of the Federal Network Agency pursuant to section 45 ERegG have been approved with the decision of 6 February 2017. Appeals have been lodged against the decision. The charging principles and charges for the working timetable period 2017 / 2018 may change as a result of the appeal procedure. The charges indicated in the final and bind- ing decision will be finally valid. Network Statement 2018, editorial status 06.02.2017 4 Contents Version control 2 Hinweise 3 List of Annexes 10 1 GENERAL INFORMATION 12 1.1 Introduction 12 1.2 Objective 12 1.3 Legal basis 12 1.4 Legal framework of the Network Statement 12 1.4.1 Scope 12 1.4.2 Liability 13 1.4.3 Appeals Procedure 13 1.4.4 Arbitration Agreement 13 1.4.5 Application of GTC of the Applicant 13 1.4.6 Formal requirements 14 1.5 Structure of the Network Statement 14 1.6 Term of and amendments to the Network Statement 14 1.7 Publication and opportunity to respond 14 1.8 Contacts at DB Netz AG 14 1.8.1 Contacts of international RIUs 15 1.8.2 Other contacts 15 1.9 Rail freight corridors 15 1.9.1 Corridor One Stop Shop 16 1.9.2 Corridor OSS for the rail freight corridors 16 1.9.3 Information on the conditions of use of the Rail Freight Corridors 17 1.10 RNE and international cooperation between DB Netz AG and other RIUs 18 1.10.1 One Stop Shop 18 1.10.2 Other RNE services 18 1.11 List of abbreviations 19 2 CONDITIONS OF ACCESS 20 2.1 Introduction 20 2.2 General conditions of access to the railway infrastructure 20 2.2.1 Duties to be heeded through to conclusion of an individual usage agreement 20 2.2.2 Licences and certificates 21 2.2.3 Liability insurance 21 2.2.4 Data storage/data processing 21 2.3 Types of agreement 22 2.3.1 Basic Agreement on Infrastructure Use 22 2.3.2 Framework agreements 22 2.3.3 Individual infrastructure usage agreements with RUs 22 2.3.4 Individual Infrastructure Usage Agreements with other Applicants 22 Network Statement 2018, editorial status 06.02.2017 5 2.4 Operational Rules 22 2.4.1 Definition and duties 22 2.4.2 Regulations impacting on network access 22 2.4.3 Operating regulations 23 2.4.4 Possibilities for purchasing printed copies of the regulations impacting on network access and the operating regulations 23 2.5 Exceptional Transports 23 2.5.1 aT Feasibility study 23 2.5.2 Navigability assessment 24 2.5.3 Proof of bridge compatibility 24 2.6 Dangerous goods 24 2.7 Requirements for the rolling stock 24 2.7.1 Homologation 24 2.7.2 Special cases 25 2.7.3 Non-fulfilment of rolling stock requirements 25 2.8 Requirements for the staff of the Applicant or the involved RU 25 2.9 Rights and duties on conclusion of the ENV 26 2.9.1 Rights and duties of DB Netz AG 26 2.9.2 Rights and duties of the Applicant or involved RU 26 2.9.3 Assignment of contractual rights and duties 27 2.9.4 Termination 27 2.9.5 Industrial safety 27 2.9.6 Rights and duties of the contracting parties under normal operating conditions 27 2.9.7 Rights and duties of the contracting parties in the event of service disruptions 29 2.9.8 Liability 31 2.9.9 Responsibility and liability for environmental damage 32 2.10 Special conditions of access and terms of use 32 2.10.1 North-South link in Berlin 32 2.10.2 HSL Nuremberg-Ingolstadt 33 2.10.3 HSL Hanover - Würzburg and Mannheim - Stuttgart 33 2.10.4 Airport link Berlin-Brandenburg International (BFBI) (Selchow junction via BFBI station to the junction in the station Schönefeld South) 33 2.10.5 Leipziger City-tunnel 33 2.10.6 Katzenberg tunnel (section Schliengen-Haltingen) 33 2.10.7 Dresden airport tunnel (section Grenzstraße Dresden – Dresden airport) 33 2.10.8 Hanover airport tunnel (Langenhagen Pferdemarkt – Hannover airport route) 33 2.10.9 High-speed line Erfurt – Unterleiterbach 33 2.11 Tonnage rating for trains 34 3 INFRASTRUCTURE 35 3.1 Introduction 35 3.2 Characteristic features of the rail network 35 3.2.1 Borders 35 3.2.2 Adjoining rail networks 35 3.3 Network description 35 3.3.1 Geographic data 35 Network Statement 2018, editorial status 06.02.2017 6 3.3.2 Capacitive data 36 3.3.3 Traffic control and communication systems 39 3.4 Traffic restrictions 39 3.4.1 Specialised infrastructure 39 3.4.2 Environmental restrictions 41 3.4.3 Dangerous goods 41 3.4.4 Tunnel restrictions 42 3.4.5 Bridge restrictions 42 3.4.6 Steam locomotives 42 3.5 Infrastructure availability 42 3.5.1 Introduction 42 3.5.2 Necessary measures to safeguard, maintain and extend the infrastructure 42 3.5.3 Regular infrastructure maintenance, construction work 43 3.5.4 Rights to price reductions because of construction work 43 3.5.5 Line operating hours 43 3.5.6 Rail replacement services and emergency bus services 44 3.6 Service Facilities 44 3.6.1 Passenger stations 44 3.6.2 Freight terminals 45 3.6.3 Further service facilities 45 3.7 Outlook for infrastructure development at DB Netz AG 45 3.7.1 Entry into service for/in the working timetable 2018 45 3.7.2 Change in operational procedures 45 3.7.3 Release of infrastructure 45 4 CAPACITY ALLOCATIONS 46 4.1 Introduction 46 4.2 Train path applications 46 4.2.1 Working timetable 46 4.2.2 Ad hoc services 51 4.2.3 Cooperation between DB Netz AG and domestic RIUs 54 4.2.4 Cross-border train path applications 55 4.2.5 Catalogue train paths on rail freight corridors 56 4.3 Congested railway lines 58 4.3.1 Approach 58 4.3.2 Congestion declarations and usage regulations 58 4.3.3 Detection of further congested railway lines 58 4.3.4 Usage regulations and framework agreements 59 4.3.5 Train path advice for Applicant 59 4.4 Framework agreements 59 4.4.1 General 59 4.4.2 Amendment 59 4.4.3 Contractual penalty 60 4.4.4 Framework agreement protection for point-to-point-services market segment 61 4.5 Capacity needs for maintenance
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