Network Statement

APPROVED BY Order No. ĮS-PAJ(LGI)-101 February the 24th of 2021 of CEO of AB LTG Infra

PUBLIC RAILWAY INFRASTRUCTURE

For 2020-2021

NETWORK STATEMENT

2020 Vilnius

Document version (filled from 10/04/2020)

Date of the Version No. Subject of the changes changes 10/04/2020 1 Revised information on platforms (clauses 3.3.2.5, 3.6.1 of the Network Statement); the limit norm (Item 4.3.1 of the Network Statement, Annex 10), specified in Clause 3.3.2.5 of the Network Statement. Annex 9, points 5 and 6 of the Network Statement, Annex 9 of Annex 9 on the preparation of the draft working timetable have been amended, the application form for applications for public infrastructure capacity and last minute applications for public infrastructure capacity have been amended (Network Statement Points 4.1 and 4.2.2), the negotiation process has been clarified (Annex 9, point 7 of the Network Statement), as well as points 3.3.1.3, 3.6.2 - 3.6.5, 6.1 of the Network Statement have been clarified, other minor adjustments have been made, links to websites have been updated. A new point 4.7 has been added to the Network Statement. Adjusted sub-clauses 3.3.2.5, clause 4.8, clauses 7.5 and 11.11 of 07/08/2020 2 Annex 9, sub-clauses 7.16.4 and 13.1.1 of the Network Statement, supplemented clause 12.6; New Chapters 9 and 10 have been added to Annex 9 (Preparation for the use of the requested public railway infrastructure capacity, due to which the part of the public railway infrastructure has been declared congested and application of the priority rules established in the Order to the applicants who are ready to use the requested capacity), amended accordingly for the sections below numbering. 13/10/2020 3 Subsections 3.6.3, 3.6.9, clause 5.3 of the Network Statement have been clarified by changing the information on railway service facilities and their descriptions. Chapter 6 of the Network Statement has been supplemented with new clauses 6.6 and 6.7, the numbering has been changed to the following clauses, and other minor adjustments have been made. 13/11/2020 4 Items 2.3.2, 3.3.1.3, 3.6.2, 3.6.4, 6.2.1, 6.9, 6.10 and Annexes 4, 5, 10 of the Network Statement have been revised; Company details updated in all Network Regulations, changed from 5.3.9 to 5.3.11. numbering of sub-items to 5.3.10-5.3.12. A new sub-items 5.3.9., new clauses 6.8. and 6.11. and new annexes 12 and 16 have been added to the Network Statement. 21/12/2020 5 Clause 2.4 of the Network Statement has been clarified, separating the Regulatory Technical Documentation from other documents, therefore a new Clause 2.5 has been added to the Network Statement. A new point 10 has been added to Annex 3 of Annex 9 to the Network Statement. The form for requesting the renunciation of allocated public railway infrastructure capacity has been changed (clauses 4.5 and 15.2 of Annex 9 to the Network Statement). Item 2.6 of the Network Statement and clauses 5.10.4 and 5.11 of Annex 11 to the Network Statement have been revised, and clause 5.4.7.4 of the Network Statement “5.4.7.4. if the Carrier uses traction units with traction signaling and safety devices, the registered data of which cannot be decrypted by the Manager with the decryption systems available to the Manager, the Carrier shall provide the Manager with the software (means) for such decryption free of charge ” has been deleted. Paragraphs 7.16.1 of Annex 9 to the Network Statement and 1.2 of

Annex 2 of Annex 9 to the Network Statement have been revised by clarifying the references in these paragraphs to other paragraphs. 24/02/2021 6 According to the obligations of an order of January the 6th of 2021 of the Director of the Communications Regulatory Authority of the Republic of Lithuania No. (1.9E)1V-7 Item 4.7.1 of the Network Statement has been repealed, Item 4.7.3.1 has been reworded as follows: “4.7.2.1. the public railway infrastructure manager must inform the applicant thereof in writing or by electronic means no later than the next working day from the occurrence of such circumstances."

TABLE OF CONTENTS

1. GENERAL INFORMATION ...... 10 1.1. Introduction...... 10 1.2. Purpose of the Network Statement ...... 10 1.3. Legal framework ...... 10 1.4. Legal status ...... 10 1.4.1. General provisions 10 1.4.2. Liability 10 1.4.3. Complaints and remarks 11 1.5. Structure of the Network Statement ...... 11 1.6. Validity and updating of the Network Statement ...... 11 1.6.1. Validity of the Network Statement 11 1.6.2. Updating of the Network Statement 11 1.7. Publication...... 12 1.8. Contact information ...... 12 1.8.1. Contacts in the Republic of Lithuania 12 1.8.2. Contacts of infrastructure managers of neighbouring countries 13 1.9. Freight transportation corridors ...... 13 1.10. Association of European Rail Infrastructure Managers and Allocation Bodies (RailNetEurope) ...... 13 1.10.1. One Europe - One authority 14 1.10.2. RNE’s information systems 14 2. ACCESS CONDITIONS ...... 14 2.1. General provisions ...... 14 2.2. General requirements for the access ...... 15 2.2.1. Requirements for railway undertakings (carriers) wishing to use public railway infrastructure 15 2.2.2. Business licensing 15 2.2.3. Business certification 16 2.2.4. Requirements for compulsory civil liability insurance 16 2.2.5. Companies entitled to use public railway infrastructure 16 2.3. Commercial terms ...... 17 2.3.1. Contract for the use of public railway infrastructure 17 2.3.2. Agreement for the allocation of public railway infrastructure capacity 19

2.3.3. Framework Agreement 19 2.4. Normative technical documentation ...... 19 2.5. Other documents ...... 19 2.6. Transportation of oversized and heavy freight ...... 19 2.7. Transportation of dangerous freight ...... 20 2.8. Issue of permits for the rolling stocks ...... 20 2.9. Requirements for employees ...... 21 3. INFRASTRUCTURE ...... 21 3.1. Introduction...... 21 3.2. Geographical location of the public railway infrastructure network...... 21 3.2.1. Boundaries of public railway infrastructure 21 3.2.2. Neighbouring railway networks 21 3.3. Description of the public rail infrastructure network ...... 21 3.3.1. Geographical data 21 3.3.2. Technical characteristics of the public railway infrastructure network 21 3.3.3. Railway line signalling and control systems 23 3.4. Train traffic restrictions ...... 26 3.4.1. Specialized infrastructure 26 3.4.2. Environmental restrictions 26 3.4.3. Transportation of dangerous freight 26 3.4.4. Restrictions on tunnels 26 3.4.5. Restrictions on bridges 26 3.4.6. Other restrictions 26 3.5. Planned restrictions on infrastructure capacity ...... 27 3.6. Service facilities ...... 27 3.6.1. Passenger stations 27 3.6.2. Freight terminals 27 3.6.3. Accumulation tracks, train formation and shunting facilities 27 3.6.4. Parking tracks 28 3.6.5. Rolling stock maintenance equipment, excluding equipment for the large-scale maintenance of high-speed trains or other types of rolling stock requiring special equipment 28 3.6.6. Other technical equipment, including cleaning and washing equipment 28 3.6.7. Equipment of sea and inland water ports, related with railway activities 28 3.6.8. Equipment intended for assistance 28 3.6.9. Refuelling facilities 28 3.7. Development and modernisation of public railway infrastructure ...... 28

4. ALLOCATION OF CAPACITY ...... 28 4.1. Description of the capacity allocation process ...... 28 4.2. Deadlines for the capacity allocation procedures ...... 29 4.2.1. Deadlines for the capacity allocation for the working timetable of 2020-2021 29 4.2.2. Deadlines for the submission of last-minute applications 30 4.3. Capacity allocation process ...... 30 4.3.1. Determination of the marginal rate 30 4.3.2. Coordination process between the Public Railway Infrastructure Manager and the applicants 30 4.3.3. Procedure for the settlement of disputes arising from the coordination of applications for allocation of the same railway infrastructure capacity 30 4.3.4. Announcement of public rail infrastructure as congested 30 4.3.5. Impact of framework agreements 30 4.4. Applications for allocation of public railway infrastructure capacity for the performance of the works of construction, repair and/or maintenance of public railway infrastructure ...... 31 4.5. Refusal or non - use of allocated railway infrastructure capacity ...... 31 4.6. Cancellation of allocated railway infrastructure capacity...... 31 4.7. Allocation of public railway infrastructure capacity instead of allocated public railway infrastructure capacity ...... 31 4.8. Replacement of rolling stock used in public rail infrastructure...... 32 4.9. Contingency plan in case of traffic disruptions ...... 33 4.10. Allocation of capacity of service facilities ...... 33 5. SERVICES PROVIDED BY THE PUBLIC RAILWAY INFRASTRUCTURE MANAGER ...... 33 5.1. Introduction...... 33 5.2. Minimum access package ...... 34 5.3. Access to the railway service facilities and rail-related services ...... 34 5.3.1. The list of access to railway service facilities and services supplied in railway service facilities is available in the public railway infrastructure manager’s web page section “Railway service facilities”, and the rules for services supplied in railway service facilities are placed in this web page section “Railway service facilities”...... 34 5.3.2. Railway service facilities managed by AB LTG Infra: ...... 34 5.3.3. Railway service facilities managed by the Asset Management Service Center of AB Lietuvos Geležinkeliai: ...... 34 5.3.4. Railway service facilities managed by LKAB Klaipėdos Smeltė (Klaipėda Smeltė container terminal) ...... 35 5.3.5. Railway service facilities managed by UAB Vakarų Krova...... 35 5.3.6. Railway service facilities managed by UAB VPA Logistics: ...... 35 5.3.7. Railway service facilities managed by Circle K Terminal Lietuva, UAB: ...... 35 5.3.8. Railway service facilities managed by UAB TRANSACHEMA: ...... 35

5.3.9. Railway service facilities managed by UAB Klaipėdos Konteinerių Terminalas: ...... 35 5.3.11. Ancillary services provided by UAB LTG Link:...... 36 5.3.12. Additional services provided by AB LTG Infra: ...... 36 6. PAYMENT FOR THE MINIMUM ACCESS PACKAGE AND PAYMENT FOR THE USE OF RAILWAY SERVICE FACILITIES, THEIR RAILWAYS AND THE BASIC, ADDITIONAL AND ANCILLARY SERVICES PROVIDED ON THESE RAILWAY SERVICE FACILITIES ...... 36 6.1. Charging principles...... 36 6.2. Principles of charging for the minimum access package to and use of public railway infrastructure...... 36 6.2.1. Description of the Procedure for Allocating Costs Directly Incurred as a Result of Operating the Train Service ...... 36 6.2.2. Principles of charging for the use of railway service facilities...... 36 6.3. Rates of charges for the use of the public railway infrastructure ...... 37 6.3.1. Rates of charges for the minimum access package 37 6.3.2. Rates of charges for the use of the railway service facilities 37 6.4. Procedure for payment of the fee for the minimum package of access to the public railway infrastructure...... 37 6.5. Fines for non-use or refusal to use the allocated capacity ...... 37 6.6. Scope of data needed and procedure for assessing and determining whether railway undertakings (carriers) operating in the relevant segments of the rail transport market can pay these mark-ups ...... 37 6.7. Assessment and determination whether railway undertakings (carriers) operating in the relevant segments of the rail transport market can pay these mark-ups ...... 38 6.8. List of segments of the rail transport market to which the mark-ups can be applied ...... 38 6.9. Recalculation of the tariff rates of charges for the minimum access package and the charge payable over the duration of the working timetable period by a particular railway undertaking (carrier) and repair undertaking for the minimum access package ...... 38 6.10. Procedure for calculating the amount of charge for allocated but unused capacity of public railway infrastructure ...... 39 6.11. Criteria based whereon it is established that capacity or part thereof is not used regularly ...... 39 6.12. Payment procedure ...... 39 ANNEXES ...... 40 1. Lengths of lines and maximum length of trains which may run on these lines ...... 41 2. Example of a contract application form...... 43 3. Stations where commercial operations related to freight services are carried out ...... 44 4. Stations and stops where embarkation and disembarkation of passengers is permitted and the lengths of their platforms ...... 46 5. List of ruling gradients ...... 56 6. Location of alarm systems in the railway network ...... 58

7. Layout of ARSCS posts ...... 59 8. Locations of automatic gauge control ...... 64 9. Description of the procedure of evaluation of applications for allocation of public railways capacity, last-minute applications and late applications; drafting of working timetable and coordination of applications for allocation of public railways capacity; and reservation of public railway infrastructure capacity for the performance of the works of public railway infrastructure construction, repair and (ar) maintenance ...... 65 1. General provisions 67 2. Submission of applications for allocation of public railway infrastructure capacity 67 3. Evaluation of applications for allocation of public railway infrastructure capacity 67 4. Establishment of preliminary train paths for international trains 68 5. Preparation and presentation of the draft official train schedule to interested parties 68 6. Evaluation of comments and suggestions on draft extracts from the working timetable 68 7. Coordination of public railway infrastructure capacity 69 8. Publication of part of the public railway infrastructure as congested 71 9. Pre-use of the requested public railway infrastructure capacity for which part of the public railway infrastructure has been declared congested 72 10. Application of the priority rules laid down in the Order to applicants who are prepared to use the requested capacity 74 11. Preparation of official train timetable 80 12. Evaluation of last minute applications and decision on the allocation or non-allocation of public railway infrastructure capacity 80 13. Abandonment of dedicated railway infrastructure capacity 81 14. Final arrangements 81 10. Description of the Requirements for Determination and Evaluation of a Threshold Quota Applicable on the Congested Section of Public Railway Infrastructure ...... 98 11. Standard form of contract for the use of public railway infrastructure ...... 100 12. Standard agreement for the allocation of public railway infrastructure capacity during the validity period of the 2021-2022 working timetable ...... 112 13. Agreement on cooperation in the allocation of capacity on more than one railway network ...... 121 14. Form of data needed to assess and determine whether railway undertakings (carriers) operating in the relevant segments of the rail transport market can pay these mark-ups .. 132 15. Description of the procedure for the assessment of rail transport market segments and their pairs and for determining whether railway undertakings (carriers) operating in the relevant rail transport market segments may pay mark-ups ...... 134 1. General provisions 136 2. Evaluation of segments and their pairs 136 3. Determining whether railway undertakings (carriers) operating in the relevant segments can pay mark-ups 137

4. Approval of the list of segments in which mark-ups may be applied and indication in the regulations of the Public Railway Infrastructure Network 137 5. Final Provisions 138 16. Description of the Procedure for Allocating Costs Directly Incurred as a Result of the Train Service (Extract) ...... 140 1. General Provisions 142 2. Allocation of costs directly incurred as a result of operating the train service 143 3. Final Provisions 148

1. GENERAL INFORMATION

1.1. Introduction The present Public Railway Infrastructure Network Statement (hereinafter referred to as the Network Statement) is a document which establishes the rules, terms, procedures and criteria for charging for the use of public railway infrastructure as well as for the allocation of public railway infrastructure capacity, and includes other information to be provided when applying for the allocation of public railway infrastructure capacity. 1.2. Purpose of the Network Statement The purpose of the Network Statement is to define the requirements for applicants and companies travelling to and from the places of construction, repair and/or technical maintenance of railway infrastructure facilities (hereinafter referred to as the repair companies), the conditions for access to public railway infrastructure which can be used by railway companies (carriers) and repair companies, the principles of collection of charges for the minimum access package, the amounts of charges for the minimum access package, and the principles, procedures and criteria for the allocation of public railway infrastructure capacity. 1.3. Legal framework The main legislation regulating railway transport is as follows: Laws: • Railway Transport Code of the Republic of Lithuania (hereinafter referred to as the Code); • Law on the Fundamentals of Transport Activities of the Republic of Lithuania; • Law on Railway Traffic Safety of the Republic of Lithuania. Legislation of other institutions: • Legal acts of the Ministry of Transport and Communications of the Republic of Lithuania; • Legislation of the Lithuanian Transport Safety Administration; • Legal acts of the Communications Regulatory Authority of the Republic of Lithuania; • Legislation of the Ministry of Justice of the Republic of Lithuania. Documents approved by the Public Railway Infrastructure Manager are listed in Clause 2.4 of the Network Statement. 1.4. Legal status 1.4.1. General provisions The concept of network statement is set out in Article 3 (50) of the Code, and the requirements for drawing up, publishing and updating these provisions are set out in Article 24⁴ of the Code. The content requirements for the network settings are set by the 2016 April 7 Commission Implementing Regulation (EU) 2016/545 on procedures and criteria in relation to framework agreements for the allocation of railway infrastructure capacity and November 22 Commission Implementing Regulation (EU) 2017/2177 on access to railway service facilities and rail-related services. 1.4.1.1. Definitions and abbreviations: Late application for public railway infrastructure capacity (hereinafter referred to as "late application") - An application submitted less than 8 months but not less than 3 months before the working timetable enters into force. 1.4.1.2. Other terms used in the Network Statement shall be understood as defined in the Code, the Law on Railway Traffic Safety of the Republic of Lithuania, the Regulations on the Technical Use of Railways, approved in 1996. September 20 By the Order of the Minister of Transport and Communications of the Republic of Lithuania No. 297 "On the Approval of the Regulations for the Technical Use of Railways" and the Railway Traffic Regulations approved in 1999. December 30 By the Order of the Minister of Transport and Communications of the Republic of Lithuania No. 452 "On the approval of railway traffic rules". 1.4.2. Liability The Network Statement means a document which sets out in detail the general rules, deadlines, procedures and criteria of the systems of charging and capacity allocation, including other information that is required to apply for the allocation of infrastructure capacity. The Network Statement shall be valid only to the extent it is in line with the laws and other legislation of the Republic of Lithuania.

The Network Statement shall be published in the Lithuanian and English languages. In case of discrepancies, the version in Lithuanian shall prevail. 1.4.3. Complaints and remarks All information regarding inaccuracies or defects of the Network Statement should be addressed to:

AB “LTG Infra” Capacity Planning and Sales Division of the Department of Infrastructure Services Geležinkelio St. 2, LT-02100 Vilnius Tel.: +370 5 2693073 E-mail: [email protected] The complaints referred to in Article 7¹ (1) (1) of the Code, including complaints regarding the content of the Network Statement, shall be examined by the railway transport market regulator - the Communications Regulatory Authority of the Republic of Lithuania (hereinafter - the Authority), in order to defend has the right to lodge a written complaint with the Office in the following ways: • serve the complaint directly; • send the complaint by post: Mortos st. 14, LT-03219 Vilnius; • send a complaint by e-mail. email: [email protected] . The appeal must be lodged with the Office no later than 20 working days from the date on which the applicant became aware of the acts and / or omissions of the entity complained of or of the decisions taken by those entities within their competence, or from the date of expiry. take appropriate action or take appropriate decisions. The Office shall take a decision on the applicants' complaints no later than 42 days from the date1 from which all the relevant material necessary for the examination of the complaint has been received and shall inform the applicant of the decision taken. 1.5. Structure of the Network Statement The structure of the Network Statement corresponds to the structure approved by the decision of 21 April 2016 of the General Assembly of the Association of European Rail Infrastructure Managers and Allocation Bodies (RailNetEurope, RNE), which is available on the website. The purpose of the unified structure of Network Statements is to provide the option for interested persons across Europe to be able to find information they need in the same format and in the same documents of different countries. This Network Statement consist of two parts: • A descriptive part, which describes the conditions for receipt of access to public railway infrastructure, the allocation of railway capacity, the use of allocated capacity, the types of possible services and information on charges; • Annexes, containing a description of the railway network; an agreement on cooperation when allocating capacity on more than one railway network; the processing of applications for the allocation of public railway infrastructure capacity, last-minute and late applications; the coordination of working timetables of trains and the applications to allocate public railway infrastructure capacity; and the description of the procedure for reserving public railway infrastructure capacity for the performance of the works of construction, repair and/or technical maintenance; document templates and similar information. 1.6. Validity and updating of the Network Statement 1.6.1. Validity of the Network Statement The Network Statement shall be valid from the date of its publication and shall apply to the working timetables of trains from 00:00 of 13 December 2020 to 24:00 of 11 December 2021. 1.6.2. Updating of the Network Statement The Network Statement shall be kept up-to-date and, if necessary, amended during the period of the validity of the working timetables of trains in case of changes in the legal acts of the Republic of Lithuania and/or technical characteristics of the public railway infrastructure in use as well as in case of other important circumstances.

1.7. Publication The Network Statement shall be published on the website https://ltginfra.lt/tinklo-nuostatai in the Lithuanian language, and at https://ltginfra.lt/en/tinklo-nuostatai in the English language. 1.8. Contact information 1.8.1. Contacts in the Republic of Lithuania

Area Institution Responsible unit Contact information No.

Communications +370 5 2105686 Regulatory Department of the Mortos g. 14, LT-03209 Institution regulating the railway 1 Authority of the Economic Vilnius transport sector Republic of Regulation www.rrt.lt, Lithuania e.mail [email protected]. +370 5 2785601 Lithuanian Department of Švitrigailos g. 42, LT- Licensing activities of railway 2 Transport Safety Administrative 03209 Vilnius undertakings (carriers) Administration Services https://ltsa.lrv.lt/ e.mail [email protected]. +370 5 2785601 Safety certification of the public Lithuanian Department of Švitrigailos g. 42, LT- railway infrastructure manager 3 Transport Safety Administrative 03209 Vilnius and railway undertakings Administration Services https://ltsa.lrv.lt/ (carriers) e.mail [email protected]. Allocation of public railway +370 5 2693353 infrastructure capacity, Capacity Planning Geležinkelio g. 2, LT- acceptance of Applications and and Sales Unit of 02100 4 free public railway infrastructure JSC LTG Infra the Infrastructure capacity and the proclamation of Services https://ltginfra.lt/ the public part of the railway Department e.mail.: infrastructure is congested [email protected] +370 5 2693353 Capacity Planning Geležinkelio g. 2, LT- and Sales Unit of Acceptance of Last Minute 02100 5 JSC LTG Infra the Infrastructure Applications https://ltginfra.lt/ Services e.mail.: Department [email protected] +370 5 2693334 Traffic Geležinkelio g. 2, LT- Management 02100 Vilnius 6 Railway traffic management JSC LTG Infra Department https://ltginfra.lt/ Operational e.mail Coordination Unit [email protected]

+370 5 2692442 Tariff and Revenue Geležinkelio g. 2, LT- Management Unit, Provision of the information on 02100 Department of 7 the fee for the minimum access JSC LTG Infra https://ltginfra.lt/ Infrastructure package. e.mail Services [email protected]

Distribution of local legal acts Services Regulatory approved by orders of the Public Unit of the +370 61361070 8 Railway Infrastructure Manager JSC LTG Infra Department of Geležinkelio g. 2, LT- and binding upon railway Infrastructure 02100 undertakings (carriers) Services https://ltginfra.lt/ e.mail [email protected]

1.8.2. Contacts of infrastructure managers of neighbouring countries Country Railway infrastructure Reference manager The Republic of Poland PKP PLK S.A. http://www.plk-sa.pl The Republic of Latvia VAS Latvijas Dzelzcel www.ldz.lv The Republic of Belarus ГО Белорусская железная https://www.rw.by дорога The Russian Federation ОАО Российские железные http://rzd.ru дороги

1.9. Freight transportation corridors On 22 September 2010, the European Parliament and the Council approved the Regulation (EU) No. 913/2010 concerning a European rail network for competitive freight (hereinafter referred to as the Regulation No. 913/2010). The main purpose of the Regulation No. 913/2010 is to create competitive conditions for freight transportation in comparison with other modes of transport. The Republic of Lithuania participates in the following freight transportation corridors: Corridor Countries Name of Lines in number through Corridor route Reference the Lithuania which the corridor Corridor passes North Sea - RFC8 NL–BE-DE– Vihelmshaven/Bremerhaven State border – http://www.rf Baltic Sea CZ–PL–LT– /Hamburg/Amsterdam/Rot Šeštokai–Kazlų c8.eu LV–EE terdam/Antverpen– Rūda–Kaunas– Aachen/Berlin– Warsaw – State border Terespol/Kaunas–Ryga– Talinn

1.10. Association of European Rail Infrastructure Managers and Allocation Bodies (RailNetEurope) The Association of European Rail Infrastructure Managers and Allocation Bodies (hereinafter referred to as the RNE) is an association established in January of 2004 at the initiative of several European infrastructure managers and capacity allocation authorities. The goal of this association is to simplify, streamline and optimize the international processes such as train scheduling, allocation of railway infrastructure capacity, sales (including the Network Statement), traffic management, etc. The RNE also acts as a coordination platform for the rail freight corridors (hereinafter referred to as the RFC). The task of the RNE is to ensure that the processes of the different RFCs are harmonized so that all RFCs use the same tools, thus simplifying the operations of applicants operating on multiple RFCs.

Presently, 34 rail infrastructure managers/capacity allocation authorities and 10 RFCs are true and associate members of the RNE, with a total network length of over 230,000 km. 1.10.1. One Europe - One authority The RNE applies a one-stop shop (OSS), i.e. one OSS contact in each Member State. Each customer can choose an OSS contact who will provide them with all assistance they need with regard to international rail services – from access to railway infrastructure for international transportation to reports on train movement. 1.10.2. RNE’s information systems Path Coordination System Path Coordination System (hereinafter referred to as the PCS) is a web application developed by the RNE for railway infrastructure managers, bodies which allocate capacity, RFCs, railway undertakings (carriers) and applicants for railway infrastructure capacity (non-carriers). Through the PCS, applicants can apply for rail infrastructure capacity as well as update applications or obtain draft train timetables. Since November of 2013, the PCS has been the only system through which pre-arranged train paths and reserve capacity can be booked in accordance with the Regulation (EU) No. 913/2010 in the created RFCs. Charging Information System The Charging Information System (hereinafter referred to as the CIS) is a web application developed by the RNE in which applicants can obtain information on the amounts of charges and other fees, and calculate possible rates of charges for the use of the railway infrastructure of several countries. Train Information System The Train Information System (hereinafter referred to as the TIS) is a web application developed by the RNE that visualizes the international train traffic from the first to the final stations. Currently, this application also shows information on the traffic of some national trains. This information is also used by terminal managers, for whom this application facilitates the scheduling of the load of terminals. The application shows the following data: the route run by a train, the current location of a train, the times of station passage, information on delays, and the reasons for delays. The TIS also allows to generate reports on train movement punctuality. Customer information platform The Customer Information Platform (CIP) is a platform co-created by the RNE and the RFC network as an interactive online information tool. Through the Graphical User Interface (GUI), the CIP provides accurate information about the route, terminals, infrastructure investment projects and technical maintenance works, as well as the main characteristics of the tracks of the involved rail freight corridors (hereinafter referred to as RFC). At the request of several RFCs, the RNE has taken over the ownership, reception and maintenance of the CIP from the Rhine-Alpine Corridor (RFC 1), therefore it can thus become a corridor tool ensuring the coordinated information and communication processes. The RNE will further develop the CIP in accordance with the decisions of the CIP Change Control Board (CCB) and, where appropriate, approval by the RNE’s General Assembly. The CIP currently provides information on railway infrastructure in 18 European countries covering a network of 6 out of 9 RFCs: the Rhine-Alpine Region (RFC 1), the North Sea-Mediterranean Region (RFC 2), the Scandinavia and Mediterranean Region (RFC 3), the Atlantic Ocean Region (RFC 4), the Baltic-Adriatic Region (RFC 5) and the North Sea-Baltic Region (RFC 8). The remaining RFCs are invited to join the CIP CCB as observers, and subsequently to become the users of the CIP.

2. ACCESS CONDITIONS

2.1. General provisions This chapter describes the conditions, the fulfilment of which gives a railway undertaking (carrier) or a repair company the right to use public railway infrastructure. The provisions of Articles 291 to 298 of the Code governing the allocation of public railway infrastructure capacity to railway undertakings (carriers), with the exception of the provisions governing the conclusion of framework agreements, shall apply mutatis mutandis to undertakings referred to in Article 28 (3) of the Code.

2.2. General requirements for the access 2.2.1. Requirements for railway undertakings (carriers) wishing to use public railway infrastructure • A railway undertaking (carrier) must hold a license issued in accordance with the Code and the Licensing Rules for Railway Undertakings (Carriers) approved by the Resolution No. 783 of 17 June 2003 “Regarding the Approval of the Licensing Rules for Railway Undertakings (Carriers)“. Licenses for the transportation of passengers, baggage and freight by rail issued in any Member State of the European Union shall be valid in the Republic of Lithuania. Railway undertakings (carriers) must meet the requirements for goodwill, financial standing and professional competence, and be covered by civil liability insurance. • A railway undertaking (carrier) must hold a safety certificate issued in accordance with the Code and the Rules on Certification of Safety of Railway Undertakings (Carriers) and Infrastructure Managers approved by the order No. 3-37 of 23 January 2003 of the Minister of Transport and Communications of the Republic of Lithuania “Regarding the Approval of the Safety Certification Rules for Railway Undertakings and Infrastructure Managers”. A safety certificate consists of parts A and B. Part A is a certificate which confirms that a railway undertaking (carrier) has introduced a traffic safety management system which complies with the EU’s requirements specified in the Law on Railway Traffic Safety of the Republic of Lithuania. This part of the safety certificate issued in the Republic of Lithuania or other EU Member States is valid in the Republic of Lithuania and other EU Member States. Part B is the attestation that a railway undertaking (carrier) meets the safety and interoperability requirements in force. This part of the safety certificate is issued and is valid only for the part of the railway infrastructure of the Republic of Lithuania indicated in the safety certificate. • A railway undertaking (a carrier) must act in accordance with the laws of the Republic of Lithuania, the resolutions of the Government of the Republic of Lithuania, the resolutions of the Ministry of Transport and Communications and the Lithuanian Transport Safety Administration (hereinafter referred to as the Administration), and the local legal acts of the public railway infrastructure manager regulating the operations of a railway undertaking (a carrier) or a repair undertaking, the provisions for ensuring safe rail traffic, the requirements for maintenance and interoperability of railway rolling stocks, the interoperability of safety management systems in rail traffic, the authorization and other document management processes, and the certification conditions for train drivers in relation to railway infrastructure, etc. A list of local legal acts of the Public Railway Infrastructure Manager is available on the website of AB „Lietuvos geležinkeliai” at https://ltginfra.lt/en/normine-technine-dokumentacija. • A railway undertaking (a carrier) must hold permits allowing to start using rolling stocks, issued in accordance with the procedure prescribed by the legal acts of the Republic of Lithuania (issued by the Administration). • Train drivers and other employees whose work is directly or indirectly related to the railway traffic must hold relevant certifications and certificates issued in accordance with the procedure established by the legal acts of the Republic of Lithuania. • In accordance with the legal acts of the Republic of Lithuania, a railway undertaking (carrier) must conclude a Contract for the Use of Public Railway Infrastructure with the Public Railway Infrastructure Manager. • A railway undertaking (a carrier) must submit a civil liability insurance contract covering the applicant’s liability for damages in the event of a railway catastrophe or a railway traffic accident or incident. 2.2.2. Business licensing The procedure for issuing licenses to railway undertakings (carriers) is established in the Licensing Rules of Railway Undertaking (Carriers) approved by the Resolution No. 783 of 17 June 2003 “Regarding the Approval of the Licensing Rules for Railway Undertakings (Carriers)”. The Administration issues, suspends, renews and revoked licenses for railway undertakings (carriers) in accordance with the principles of independence, competence, impartiality and expediency (see Clause 1.8.1 for contact details). A company wishing to obtain a license must submit to the Administration an application form for a license specifying the data on the company wishing to obtain a license and the services to be provided. Information on companies that have been issued licenses to engage in the economic commercial activity of railway transport is posted here.

2.2.3. Business certification Safety certificates shall be issued in accordance with Article 11 of the Code. The Administration (see Clause 1.8.1 for contact details) makes decisions on issuing safety certificates. Lists of companies holding safety certificates are available on: • A list of railway undertakings (shunters) and repair companies; • A list of railway undertakings (carriers). 2.2.4. Requirements for compulsory civil liability insurance The requirements for compulsory civil liability insurance are laid down in Article 101 of the Code. The minimum civil liability insurance of a railway undertaking (a carrier) shall be EUR 290,000 per insured event and EUR 725,000 for all insured events per year. The minimum civil liability insurance of a shunting company, traveling to and from the place of construction, repair and/or maintenance of railway infrastructure must be covered with the compulsory civil liability insurance for the amount of EUR 58,000 per insured event and EUR 145,000 for all insured events per year. 2.2.5. Companies entitled to use public railway infrastructure 2.2.5.1. The conditions for the use of public railway infrastructure are set out in Article 28 of the Code. Paragraph 1 of this Article specifies that a railway undertaking (carrier) registered in the Republic of Lithuania or another Member State of the European Union, for which public railway infrastructure capacity is allocated, or a railway undertaking (carrier) acting in the interests of the applicant, has a valid railway undertaking (carrier) license and safety certificate and having concluded a contract with a public railway infrastructure manager for the use of public railway infrastructure (hereinafter referred to as the railway undertaking (carrier)), shall have the right to use the public railway infrastructure, except for paragraphs 2 and 5. Article 28 (2) of the Code provides access package and the right to use the public railway infrastructure for transit services are granted to railway undertakings (carriers) in which all shares are directly owned. Railway undertakings (carriers), when providing passenger, luggage and / or freight transport services on domestic and / or international routes in the territory of the Republic of Lithuania, must ensure that the public railway infrastructure is not used for the provision of transit railway transport services. In accordance with Article 28 (6) of the Code, the public railway infrastructure manager shall monitor compliance with the conditions for the use of public railway infrastructure set out in paragraphs 1 and 2 of this Article. 2.2.5.2. A railway undertaking (carrier) to which public railway infrastructure capacity is allocated or a railway undertaking (carrier) acting on behalf of an applicant which does not comply with the conditions for access to public railway infrastructure laid down in Article 28 (1) and / or (2) of the Code must immediately, but not later than 3 working days from the occurrence of the circumstances that led to this non-compliance, to inform the public railway infrastructure manager thereof in writing. The public railway infrastructure manager shall, not later than within 3 working days from the receipt of this information, take a decision in accordance with Article 296 (4) (1) of the Code to cancel the capacity of the public railway infrastructure. 2.2.5.3. The public infrastructure manager shall monitor compliance with the conditions for the use of public railway infrastructure set out in Article 28 (1) of the Code by assessing the information published by the Administration or provided to the public infrastructure manager, if necessary by requesting the Administration to revise this information. 2.2.5.4. The public infrastructure manager shall monitor compliance with the conditions for the use of public railway infrastructure set out in Article 28 (2) of the Code by assessing the data processed in the information systems used by it on railway undertakings (carriers) receiving public infrastructure capacity or railway undertakings (carriers) acting on behalf of the applicant. passengers, luggage and (or) freight by rail to and from the territory of the Republic of Lithuania (control of compliance with the conditions of use of public railway infrastructure specified in this clause of the Network Regulations is not performed by railway undertakings (carriers) complying with the condition of use of public railway infrastructure , with respect to). 2.2.5.5. The public railway infrastructure manager, in compliance with 2.2.5.3 and / or Compliance with the conditions for access to public railway infrastructure referred to in point 2.2.5.4, and finding that a railway undertaking (carrier) or a railway undertaking (carrier) acting in the applicant's interests does not comply with the conditions for using public railway infrastructure set out in Article 28 (1) and / or 2 of the Code, within 3 working days of this determination, apply to the railway

17 undertaking (carrier) or the railway undertaking (carrier) acting in the interests of the applicant with an order to provide written explanations regarding the conditions of use of the public railway infrastructure set by the public railway infrastructure manager within 3 working days of receipt of this request non-compliance and to substantiate these explanations with the attached documents. If the railway undertaking (carrier) or the railway undertaking (carrier) acting on behalf of the applicant bases its written explanations on references to documents submitted in the application for public railway infrastructure capacity or in the last minute application, these documents need not be resubmitted. 2.2.5.6. If the railway undertaking (carrier) or the railway undertaking (carrier) acting in the interests of the applicant has not submitted written explanations and attached documents within the working day set by the public infrastructure manager, if these documents had to be submitted in accordance with clause 2.2.5.5 of the Network Statement, that the railway undertaking (carrier) or the railway undertaking (carrier) acting in the interests of the applicant does not comply with the conditions for use of public railway infrastructure and the public infrastructure manager no later than 3 working days after the deadline for submitting written explanations and accompanying documents shall decide on the cancellation of the capacity of the public railway infrastructure and terminate the out-of-court contract with the railway undertaking (carrier) before the deadline. railway infrastructure contract. 2.2.5.7. The public infrastructure manager, having received the written explanations and accompanying documents provided within the deadline set out in point 2.2.5.5 of the railway undertaking (carrier) or the railway undertaking (carrier) acting on behalf of the applicant, if they had to be submitted in accordance with this clause of the Network Statement, immediately, but not later than within 3 working days, assess whether these written explanations and the accompanying documents, if any, confirm or deny the non-compliance with the conditions of use of the public railway infrastructure established by the public railway infrastructure manager and determine that the written explanations and accompanying documents, if they have been submitted, confirm non-compliance with the conditions for the use of public railway infrastructure established by the public railway infrastructure manager in accordance with Article 296 of the Code shall decide on the cancellation of the capacity of the public railway infrastructure and shall terminate the contract for the use of the public railway infrastructure concluded with the railway undertaking (carrier) before the deadline. 2.3. Commercial terms 2.3.1. Contract for the use of public railway infrastructure A contract for the use of public railway infrastructure is governed by Article 29 of the Code. Article 28 (3) of the Code provides for that repair undertakings are entitled to use public railway infrastructure in accordance with the requirements set out in this Code for railway undertakings (carriers), with the exception of the requirement to hold a railway undertaking’s (a carrier’s) license. Pursuant to Articles 28 (3) and 29 (6) of the Code, the Public Railway Infrastructure Manager and a railway undertaking (a carrier) or a repair company shall conclude a contract for the use of the public railway infrastructure for the duration of one working timetable of trains, and shall establish the rights and obligations of the railway undertaking (the carrier) or the repair company and the infrastructure manager with regard to the use of the allocated capacity of public railway infrastructure during one working timetable of trains. Article 29 (9) of the Code provides for that a contract for the use of public railway infrastructure must be concluded, and a concluded contract must be renewed on an annual basis even in the case when a framework agreement for the allocation of public railway infrastructure capacity (“the framework agreement”) is made. In order to enter into a Public Railway Infrastructure Use Agreement with a public railway infrastructure manager, a railway undertaking (carrier) shall have an electronic send an application to conclude this agreement by e-mail [email protected] . The application form is provided in Annex 2 of the Network Statement. The public infrastructure manager undertakes to enter into negotiations for the award of a public railway infrastructure contract with the applicant railway undertaking (carrier) no later than one month after the deadline for applications for public railway infrastructure capacity (ie no later than May 2020). 12 days) and completed no later than 1 month before the entry into force of the working timetable (ie no later than 2020 12 November). This provision shall not apply in the case of contract negotiations for a valid working timetable period. Negotiations with the public infrastructure manager for a contract for a valid working timetable period must start no later than 3 months before the last minute application and end no later than

1 month before the start of the use of the public railway infrastructure capacity requested in this application (Codex Alimentarius). Article 29 (6)). Upon receipt of a request for the award of a contract for the use of public railway infrastructure, the public infrastructure manager shall inform the request for the award of the contract in writing or by electronic means no later than one month after the deadline for submission of applications for public infrastructure capacity (ie no later than 12 May 2020). the railway undertaking (carrier) which has submitted this contract regarding the commencement of negotiations on the conclusion of a contract for the use of public railway infrastructure and shall provide the information necessary for the negotiations: - The standard form for the contract for the use of public railway infrastructure provided in Article 11 of the Network Statement in the Annex; - Procedure for negotiating a contract for the use of public railway infrastructure (remarks submission procedure - comments on the conclusion of a contract for the use of public railway infrastructure may take place both in writing or by electronic means and during meetings, if agreed); - The public railway infrastructure manager may request the railway undertaking (carrier) to provide other information necessary for the negotiation of the contract for the use of public railway infrastructure (copy of the railway undertaking's (carrier's) license, copy of the safety certificate (parts A and B), compulsory civil liability insurance certificate). a copy of the list of traction or self-propelled vehicles available to the railway undertaking (carrier), a list of the lines on which the safety certificate Part B is held by the railway undertaking (carrier), a copy of the railway undertaking's (carrier's) railway traffic safety management system description, railway undertaking responsible staff appointed to take part in the negotiations or other information). Paragraph 7 of Article 291 of the Code provides that the public railway infrastructure manager, having received an application for allocation of public railway infrastructure capacity, not later than within 20 working days from the date of receipt of this application in the cases specified in Article 13 (1) and (2) and procedures for verifying the compliance of the contract for the use of public railway infrastructure with the interests of national security. The public railway infrastructure manager undertakes to inform the railway undertaking (carrier) or repair undertaking in writing or by electronic means not later than within 3 (three) working days from the date of verification of the compliance of the contract for the use of public railway infrastructure with national security interests, indicating such request. the date of application and the legal basis, respectively, about the decision made in accordance with the procedure established by the Law on the Protection of Objects Important for National Security to inform the railway undertaking (carrier) or repair undertaking not later than within 2 working days from the date of receipt of such decision. Pursuant to Article 28 (3) and Article 29 (7) of the Code, the public railway infrastructure manager shall enter into a contract for the use of public railway infrastructure with the applicant railway undertaking (carrier) or repair undertaking, unless it is intended to enter into contracts for objects important for national security of the Republic of Lithuania. recognized as incompatible with national security interests in accordance with the procedure established by the Law on Security. In accordance with Article 29 (10) of the Code, the public infrastructure manager shall lay down the requirements for the content of the contract for the use of public railway infrastructure. These requirements are set out in the contract form for the use of public railway infrastructure in Annex 11 to the Network Statement. When concluding a contract for the use of public railway infrastructure with a railway undertaking (carrier) or repair company, the conditions specified in the said contract form shall not be changed, except for the terms of the contract, the amendment of which is necessary taking into account the specifics of these undertakings (carriers) and / or activities. The contract may establish other conditions agreed between the public railway infrastructure manager and the railway undertaking (carrier) or repair company as necessary and which do not contradict the applicable legal acts of the Republic of Lithuania and the conditions for using the public railway infrastructure specified in the contract form. If the public infrastructure manager, when signing a public railway infrastructure contract with one of the railway undertakings (carriers) or repairers, stipulates in these contracts other essential conditions not specified in the form of the public railway infrastructure contract regarding the obligations of the parties to these contracts (except contact information) and (or) termination of contracts, the public railway infrastructure manager undertakes to inform other railway undertakings (carriers) and repair undertakings within 20 (twenty) calendar days from the occurrence of these circumstances and to initiate the amendment of the public railway infrastructure use agreements concluded with them.

In accordance with Articles 28 (3) and 29 (8) of the Code, a contract for the use of public railway infrastructure shall enter into force on the date of the decision to allocate public railway infrastructure capacity to the applicant or repairer. A standard form of contract for the use of public railway infrastructure is provided in Annex 11 of the Network Statement. 2.3.2. Agreement for the allocation of public railway infrastructure capacity 2.3.2.1. In accordance with Article 29 (5) of the Code the public railway infrastructure manager concludes an agreement for the allocation of public railway infrastructure capacity for the duration of one working timetable when an applicant is other than a railway undertaking (carrier). This agreement enters into force from the date of making a decision to allocate public railway infrastructure capacity to the applicant. 2.3.2.2. The standard agreement for the allocation of public railway infrastructure capacity is provided in Annex 12 to the Network Statement. 2.3.3. Framework Agreement 2.3.3.1. The Framework Agreement establishes the rights and obligations of the Public Railway Infrastructure Manager and the applicant with regard to the allocation of railway infrastructure capacity and the collection of charges for the minimum access package for a period exceeding the duration of one period of the Working Timetable. 2.3.3.2. There shall be no framework agreement between the Public Infrastructure Manager and the Applicant for the duration of the 2020-2021 working timetable. 2.3.3.3. If the public infrastructure manager decides to conclude framework agreements, they will be concluded in accordance with the 2016 agreement. April 7 Commission Implementing Regulation (EU) 2016/545 "On procedures and criteria for framework agreements for the allocation of railway infrastructure capacity" shall provide information on the procedures and criteria for the conclusion of such agreements in the all interested parties. 2.4. Normative technical documentation 2.4.1. The normative technical documents of the Public Railway Infrastructure Manager, adopted in accordance with the Code, the Law on Railway Traffic Safety of the Republic of Lithuania, the Technical Regulations for the Use of Railways approved by the Order No. 297 of 20 September 1996 of the Minister of Transport and Communications of the Republic of Lithuania “Regarding the Approval of the Technical Regulations for the Use of Railways”, the Railway Traffic Rules approved by the Order No. 492 of 30 December 1999 of the Minister of Transport and Communications of the Republic of Lithuania “Regarding the Approval of the Railway Traffic Rules”, the Rules for the Installation and Use of Level-Crossings approved by the Order No. 3-36 of 27 January 2005 of the Minister of Transport and Communications of the Republic of Lithuania “Regarding the Approval of the Rules for the Installation and Use of Level-Crossings”, the Railway Traffic Signalling Rules approved by the Order 483 of 30 December 1997 of the Minister of Transport and Communications of the Republic of Lithuania “Regarding the Approval of Railway Traffic Signalling Rules” and other legal acts are published on the website https://ltginfra.lt/en, in the section Normative Technical Documentation. 2.4.2. In the event of a change or re-approval of the rules referred to in Clause 2.4.1 of the Network Statement, the Public Railway Infrastructure Manager shall inform railway undertakings (carriers), shunting companies or repairing undertakings, in accordance with the procedure established in the Agreement on the Use of Public Railway Infrastructure and/or the Agreement on the Provision of Services at Railway Service Facilities. 2.5. Other documents 2.5.1. Other documents adopted by the Public Railway Infrastructure Manager shall be published on the website https://ltginfra.lt/en, in the section Other documents. 2.6. Transportation of oversized and heavy freight Transportation of oversized and heavy freight is regulated by the Instruction DČ-1835 on Transportation of Oversized and Heavy Freight by Railways of the CIS countries, the Republic of Estonia, the Republic of Latvia, and the Republic of Lithuania, approved by the Order No. Į-184 of 31 March 2017 of the CEO of AB Lietuvos Geležinkeliai;

Wagons, semi-wagons and 4 to 8 axle wagons carrying oversized freight of 1st to 2nd degree-bottom zone, 1st to 3rd degree-side zone, 1st to 2nd degree-upper zone, shall be allowed to pass in accordance with the trainset formation plan. A railway undertaking (carrier) shall coordinate the following carriages with the Public Railway Infrastructure Manager: • Running of platform wagons and semi-wagons, 4 to 8 axle transporter wagons, including 120 t load-combined transporter wagons with a single intermediate platform or two intermediate platforms, carrying oversized and over-oversized freight of 3rd to 6th degree-bottom zone, 4th to 6th degree-side zone and 3rd to 6th degree-upper zone; • 12- or more axle wagons carrying standard-size and oversize freight of lesser degree the specified in Clause 2.5.3.1; • Oversize non-operating electric train sections and electric train wagons. For information on oversized and heavy freight transportation please contact [email protected]. 2.7. Transportation of dangerous freight The main legislation regulating the transportation of dangerous freight by railway transport within the territory of Lithuania: 2.7.1. Law on Carriage of Dangerous Goods by Car, Rail and Inland Waterway of the Republic of Lithuania; 2.7.2. Appendix C, Regulation Concerning the International Carriage of Dangerous Goods by Rail (RID), of the Convention concerning International Carriage by Rail (COTIF); 2.7.3. Annex 2, Rules for Transportation of Dangerous Goods, of the Agreement on International Goods Traffic by Rail (SMGS); 2.7.4. Ruling No. 1778 of 13 November 2002 of the Government of the Republic of Lithuania “Regarding the Approval of the Description of the Procedure of Inspections of Carriage of Dangerous Goods by Roads and Railways”; 2.7.5. Ruling No. 367 of 17 May 2017 of the Government of the Republic of Lithuania “Regarding the Carriage of Dangerous Goods by Roads and Railways in the Republic of Lithuania”; 2.7.6. Ruling No. 1547 of 28 December 2011 of the Government of the Republic of Lithuania “Regarding the Granting of Authorization in the Field of Carriage of Dangerous Goods by Roads and Railways and in Related Activities”; 2.7.7. Order No. 174 of 20 June 2000 of the Minister of Transport and Communications of the Republic of Lithuania “Regarding the Approval of Rules for the Carriage of Goods by Railways”; 2.7.8. Order No. 3-181 of 13 March 2012 of the Minister of Transport and Communications of the Republic of Lithuania “Regarding the Approval of the Description of the Procedure for the Establishment and Publication of Additional Requirements, Restrictions, or Prohibitions on the Carriage of Dangerous Goods Not Specified in the International Treaties Governing the Carriage of Dangerous Goods, and Regarding the Withdrawal of the Order No. 3-508 of 25 October 2002 of the Minister of Transport and Communications of the Republic of Lithuania “Regarding the Procedures for the Establishment and Publication of Routes Prohibited for the Carriage of Dangerous Goods”; 2.7.9. Order No. V-769 of 29 October 2012 of the Head of the State Railway Inspectorate under the Ministry of Transport and Communication “Regarding the Approval of Safety Requirements for the Carriage of Special Dangerous Goods by 1520 mm Gauge Railways in the Territory of the Republic of Lithuania”. 2.8. Issue of permits for the rolling stocks Prior to starting using the railway rolling stocks, a permit from the Lithuanian Transport Safety Administration must be obtained. Permits are issued in accordance with the Rules for Licensing the Commencement of Use of Structural Subsystems of the Railway System and Rolling Stocks in the Republic of Lithuania approved by the Order No. 3-507 of 22 December 2006 of the Minister of Transport and Communications of the Republic of Lithuania “Regarding the Approval of the Rules for Licensing the Commencement of Use of Structural Subsystems of the Railway System and Rolling Stocks in the Republic of Lithuania“.

2.9. Requirements for employees Certificates for persons whose work is directly or indirectly related to the rail transport traffic are issued by the examination centres authorized by the Lithuanian Transport Safety Administration listed on the website.

3. INFRASTRUCTURE

3.1. Introduction The information provided for in this Chapter may not coincide with the actual state of the network due to the ongoing improvements of the technical level of the infrastructure. Additional information may be provided by the Capacity Planning and Sales Division of the Infrastructure Services Department of AB “Lietuvos geležinkelių infrastruktūra” by phone at +370 5 2693073. The manager of the personal data processed by the Register of Railway Infrastructure of the Republic of Lithuania and in the said Register is the Lithuanian Transport Safety Administration. Following Article 43 of the Regulations of the Register of Railway Infrastructure of the Republic of Lithuania approved by the Order No. 3-317 of 28 May 2004 of the Minister of Transport and Communications of the Republic of Lithuania “Regarding the Establishment of the Register of Railway Infrastructure of the Republic of Lithuania and the Approval of its Provisions”, the data contained in the Register, except for personal data, is public. The manager of the Register provides the data contained in the Register to the recipients of the data contained in the Register (contact information). 3.2. Geographical location of the public railway infrastructure network 3.2.1. Boundaries of public railway infrastructure The public railway infrastructure network is defined by the geographical boundaries of the Republic of Lithuania. 3.2.2. Neighbouring railway networks Of the Republic of Latvia (LDZ), border stations–Rokiškis, Joniškis, Turmantas Of the Republic of Belarus (BČ), border stations–Kena, Stasylos Of the Republic of Poland (PKP-PLK S.A.), border station–Mockava Of the Kaliningrad region of the Russian Federation (RŽD), border stations–Pagėgiai, Kybartai. A passenger border control post operates in the station of Vilnius. 3.3. Description of the public rail infrastructure network 3.3.1. Geographical data 3.3.1.1. Length of tracks The total length of railway tracks is 1910.7 km, of which: The length of single-tracks is 1459.2 km; The length of double-tracks is 449.4 km; 3.3.1.2. Track gauge The railway track gauge is 1520 mm (1790.6 km long) and 1435 mm (120.1 km long). A 1520 mm and 1435 mm gauge railway line (quadruple-track) has been constructed from the Mockava railway station to the Šeštokai railway station. An automatic wagon wheelset gauge changing facility (1435/1520) has been installed at the Mockava border station. A 1435 mm gauge railway line has been constructed from the Šeštokai railway station to the Kaunas railway station. 3.3.1.3. Railway stations The public railway infrastructure has 164 stations and stops. The stations engaged in commercial operations related to freight transportation are indicated in Annex 3. The stations and stops where embarkation and disembarkation of passengers is permitted, and the lengths of their platforms are provided in Annex 4. 3.3.2. Technical characteristics of the public railway infrastructure network 3.3.2.1. Clearance

3.3.2.1.1. Clearance limits for all 1520 mm gauge railway lines

Rolling-stock clearance limits:

Rolling-stock Field of application clearance limits

T Permitted on public railways and sidings (from the connection point to the owner’s territory), the facilities and structures of which correspond to the S and SP structure proximity clearance. Tc Tank wagons and self-discharging wagons are permitted on public railways and sidings. Tpr Semi-wagons are permitted on public railways and sidings.

1-T Permitted on public railways, sidings and house tracks within the territories of undertakings.

1-BM (0-T) 1435 mm gauge railway network used for international traffic.

0-BM (01-T) 1520 mm gauge railway network, with the main railway lines of 1435 mm gauge. 02-BM (02-T) 1520 mm gauge railway network, with the main railway lines of 1435 mm gauge. 03-BM (03-T) 1520 mm gauge railway network, with the main railway lines of 1435 mm gauge.

The exact clearance data for rolling stocks is provided for in the standard GOST 9238-83. 3.3.2.1.2. Clearance limits for all 1435 mm gauge railway lines The permitted clearance limit on all 1435 mm gauge railway lines is GC. 3.3.2.2. Maximum permissible load The maximum permissible axle load on 1520 mm gauge railway lines is 25t. The maximum permissible axle load on 1435 mm gauge railway lines is 22.5t. The equivalent load t/m for each railway line is determined by the Public Railway Infrastructure Manager taking into account the equivalent loads permissible for railway structures. The equivalent load limits in the Lithuanian railway network range from 7.5 to 10.5t/m. 3.3.2.3. Critical gradients

A list of critical gradients is provided for in Annex 5. 3.3.2.4. Maximum permissible speeds Information on the maximum permissible speeds of trains and locomotives on railway station tracks and the sections between stations is available on the website of AB “LTG Infra” https://ltginfra.lt/en/normine- technine-dokumentacija . 3.3.2.5. Maximum length of train formations The lengths of the railway lines and the maximum lengths of the train formations which may pass on these lines, as used by the public infrastructure manager for the organisation and management of rail traffic, are set out in Annex 1 to the Network Regulations. The maximum length of passenger trains shall be determined on the basis of the lengths of platforms on the route of such train as specified in Annex 4 to the Network Regulations. In exceptional cases where a railway undertaking/carrier wishes to develop longer trains than those set out in Annexes 1 or 4 to the Network Regulations, the railway undertaking/carrier shall assess whether changes to the rail system will be applied, if so, changes to the rail system are to be assessed in accordance with the requirements of 30 April 2013. Commission Implementing Regulation (EU) No 402/2013 establishing a common safety method for the determination of the risk level and risk assessment and repealing Regulation (EC) No 352/2009 (as subsequently amended) and to inform the public railway infrastructure manager of the results of the assessment by means of a last-minute application. The railway undertaking/carrier shall also assess the risks associated with this request and, together with a last-minute application, submit a plan of measures to ensure safe train traffic in order to develop longer trains than those set out in Annexes 1 or 4 to the Network Regulations. For the purposes of this plan of measures, the railway undertaking/carrier must specify: a) the risks to the safety of rail transport identified by the railway undertaking/carrier in non- standard situations; b) measures to manage the risks to the safety of rail transport identified by the railway undertaking(s) for the management of risks to the safety of rail transport arising from non-standard situations (hereinafter referred to as 'measures'); c) the persons responsible, designated by the railway undertaking/carrier, for the implementation of the measures; d) the time of implementation of measures potentially arising from non-standard situations affecting the running of a longer train; e) arrangements for cooperation between the railway undertaking/carrier and the public infrastructure manager in the management of traffic safety risks and/or non-standard situations. The public infrastructure manager shall decide whether or not to allocate the documentation submitted with the last-minute application submitted with the last-minute application referred to above.

3.3.2.6. Electrified railway lines Electrified railway lines of the railway sections State border–Kena–N. Vilnia-Vilnius, Vilnius–Kaunas, and Lentvaris–Trakai. 25 kV alternating current of 50 Hz voltage is used in the overhead network of the electrified lines. The operating length of the electrified railway lines is 152.4 km, of which: The length of single-tracks is 4.8 km; The length of double-tracks is 147.6 km. For alternating current, the voltage in electric rolling stock receivers on any stretch blocked by the overhead network must be at least 21 kV and not higher than 29 kV. In line sections between stations and at stations, the wires of the overhead network must hang not lower than 5750 mm, and at crossings – not lower than 6000 mm over the rail head. 3.3.3. Railway line signalling and control systems 3.3.3.1. Railway line signalling system A railway line signalling system ensures the safe traffic of trains with speeds up to 120 km/h, and up to 160 km/h on lines with upgraded signalling equipment. Signalling equipment has been modernised (are under modernisation) on the following lines: - Signalling facilities on the Kaišiadorys-Radviliškis line (Corridor IX-B) were modernised in 2004. - Signalling facilities at the Kena station were modernised in 2005.

- Signalling facilities on the Šiauliai-Klaipėda line (Corridor IX-B) were modernised in 2010. - Signalling facilities on the Kaunas-Kybartai line (Corridor IX-D) were modernised in 2012. - Signalling facilities on the Jašiūnai–Stasylos–the State Border line were modernised in 2013. The signalling systems of some lines of regional importance are upgraded with the use of relay equipment. Signalling systems can be installed in stations or in line sections between stations. Station signalling systems can be as follows: a) Relay interlocking. Relay interlocking is installed in the majority of the Lithuanian railway stations. All outdoor objects (depending on the type of signalling facilities in each station), such as switches, traffic lights, rail chains, ALSN codes, etc., as well as their condition are relay-controlled. b) Lockable equipment for switches and signals. This interlocking system, the oldest used by the Lithuanian railways, is installed in 9 stations. Stations have control panels to monitor the traffic of trains, and the traffic is managed through the relay interlocking, while devices (for instance, switches) are controlled manually. c) Microprocessor interlocking. Microprocessor signalling systems are installed on upgraded railway lines. On the Lithuanian railways, microprocessor interlocking systems of three types are used: Ebilock 950, installed in the stations of the upgraded Kaišiadorys–Radviliškis line, in the sections between the stations on the Jašiūnai–Stasylos–the State Border line (in the stations of the Republic of Belarus (BČ)), and in the Kena, Stasylai and Kalvarija stations; SIMIS-IS, which was put into service in the stations of the Šiauliai- Klaipėda line in 2010; and the microprocessor interlocking system ESA 11-LG, which was put into service on the Kaunas–Kybartai line in 2012. Signalling systems on line sections between stations can be: a) Automatic track-blocking system. It regulates the train traffic on the line sections between stations (on line section between stations, depending on the number of blocked sections, several trains may run at the same time). It is used along with the ALS (automatic locomotive signalling) train safety system. Automatic train stopping devices (autostops) are installed in locomotives that stop a train automatically in case of a forbidding signal if the driver fails to stop the train in a timely manner. Automatic locomotive signalling (ALS) continuously transmits signals from the traffic lights that are approached by the train to the driver’s cab throughout the blocked section and the main tracks of the stations. In the ALS system, the function of a communication channel between the track and the locomotive is carried out by the rail circuits. Coded current power signals flowing in the rails are used in the system; b) Semi-automatic track-block signalling. It regulates the train traffic on line sections between stations (with only one train allowed to run on such section at the same time) and is used simultaneously with PLC (programmable logic controllers) FRAUSCHER ACS2000 wheelset counting system on low in traffic sections without the necessity to use track traffic lights of the sections between stations. Centralisation of traffic control: a) Traffic control centre. The traffic control centre, located in Vilnius, is responsible for the traffic safety in the entire country. The data is centrally collected from the rail facilities and information systems and processed, and 94 stations are connected into a single network. Devices installed in the traffic control centre make it possible to manage and control, from a single site, switches and signals of stations and line sections between stations, to control the position and occupancy of switches, to control the occupancy of line sections between stations, station tracks, blocked sections, to repeat the readings of entrance, departure and route traffic lights. The centre is responsible for the organisation and management of the country-wide train traffic, automatic compilation and adjustment of train schedules, coordination of traffic breaks required for maintenance and repair of the railway infrastructure, fast responding to situations affecting the traffic safety and efficiency. The layout of the signalling systems in the railway network is provided for in Annex 6. Until class A signalling system is installed on the public railway infrastructure lines as provided for by the Commission Regulation (EU) 201/919 of 27 May 2016 on the technical specification for interoperability relating to the ‘control-command and signalling’ subsystems of the rail system in the European Union, all traction rolling stocks must be equipped with systems ensuring compliance with the requirements set-out in Annex 24 of the description of the references on application of certain clauses of the certain items of the Regulations for Technical Use of the Railways approved by the Order No. Į-62 of 20 January 2014 of the CEO of AB “Lietuvos geležinkeliai”,

25 or must have a special transfer module (STM) installed. Technical requirements for the STM module are available on the website of AB “LTG Infra” https://ltginfra.lt/en/kiti-dokumentai . 3.3.3.2. Automated Rolling Stock Control System (ARSCS): The locations of installation of the components of the automated rolling stock control system (ARSCS) are provided for in Annex 7. The procedure for the operation and use of automatic control devices for rolling stock installed on public railway infrastructure shall be established in 2019. April 15 By the Order of the Deputy General Director of AB Lietuvos Geležinkeliai - Director of Railway Infrastructure No. IS (DI) -79 “On the Approval of the Instruction for the Use of Automatic Control Devices for the Technical Condition of Rolling Stock” approved instructions for use of control measures. The standards on the temperatures of rolling stock axle boxes and wheels as well as the force of wheels affecting the rails are drafted by the railway undertakings (carriers) or repair companies operating the rolling stocks, which then must coordinate these standards with the Public Railway Infrastructure Manager. The procedure for checking rolling stock defects recorded by the ARSCS must be established by the railway undertakings (carriers) or repair companies operating the rolling stocks. The above-mentioned procedure must be coordinated with the Public Railway Infrastructure Manager. 3.3.3.3. Clearance control device (CCD) system: Locations of the CCDs are listed in Annex No 8. The description of the procedure for traffic organisation in the event of activation or malfunction of a clearance control device, approved by the Order No. Į-467 of 13 May 2013 of the CEO of AB “Lietuvos geležinkeliai“, establishes the procedure for notification of responsible employees, the coordination of their actions, the procedure for traffic organisation and inspection in the event of activation of a clearance control device, its malfunction or during its repair. 3.3.3.4. Radio communication system used to organize and manage the train traffic. The radio communication system operates on the basis of a GSM-R radio communication network. Specialised GSM-R radio communication equipment operating in the 876.1-879.9 MHz and 921.1-924.9 MHz radio frequency range is used in the GSM-R network. The GSM-R radio communication system operates in all the railway stations in service and on the following line sections between stations: − Vilnius–Kaišiadorys–Radviliškis–Šiauliai–Klaipėda–Rimkai–Draugystė; − Rimkai–Pagėgiai–Jonaitiškiai–Radviliškis; − Pagėgiai–the State Border; − Radviliškis–Pakruojis–Petrašiūnai; − Kužiai–Bugeniai; − Radviliškis–Joniškis– the State Border; − Radviliškis–Rokiškis– the State Border; − Paneriai–Valčiūnai–Kyviškės–Kena– the State Border; − Vilnius–Turmantas– the State Border; − Vilnius–Kirtimai–Valčiūnai–Stasylos– the State Border; − Vilnius–Lentvaris–Marcinkonys; − Senieji Trakai–Trakai; − Gaižiūnai–Palemonas – Rokai – Jiesia; − Kaišiadorys–Palemonas–Kaunas–Kazlų Rūda–Kybartai– the State Border; − Kazlų Rūda–Šeštokai–Mockava–the State Border; − The State Boder–Mažeikiai–Bugeniai. In the border areas, a linear hectometric radio communication system is used on line sections between stations for the communication between a train driver and the traffic duty officer responsible for the relevant line section between stations as well as the duty officers of the adjacent stations (and vice versa). The linear hectometric radio communication system employs analogue radio communication equipment operating at 2.13 MHz. In the line section between stations of the section Mockava–the State Border, the frequency 150,375 MHz (25kHz channel bandwidth) is used.

GSM-R radio communication devices used on the Jonava–Rizgonys, Akmenė–Alkiškiai, Šeštokai– Alytus, Kretinga Darbėnai-Skuodas, Švenčionėliai–Utena railway lines are registered at the 246 02 backup network. In individual railway areas, local radio communication networks, i.e. area radio communication systems are used. These networks are intended for the performance of the key functions in certain areas and are isolated from other communication systems. The area radio communication system networks operate within the range of metric (150-154 MHz) and decimetric (445-450 MHz) waves. All conversations on the radio communication system are carried out in the Lithuanian language. Conversations on the radio communication system in the following border areas may also be carried out in the following languages: In the Russian language: - The State Border of the Republic of Lithuania–Kena–Vilnius; - The State Border of the Republic of Lithuania–Stasylos–Vaidotai; - The State Border of the Republic of Lithuania–Stasylos–Vilnius; - The State Border of the Republic of Lithuania–Kybartai; - The State Border of the Republic of Lithuania–Joniškis–Šiauliai–Radviliškis; In the Polish language: - The State Border of the Republic of Lithuania–Mockava. 3.3.3.5. Traction rolling stock safety systems. Traction rolling stocks must be equipped with safety systems that meet the requirements of the legislation and the requirements of the Public Railway Infrastructure Manager (Annex 24 of the Description of the Regulations for Technical Use of the Railways). These systems must ensure the compatibility of their operation with the signalling and control devices installed in public railway infrastructure. The safety systems must be inspected and calibrated at accredited bodies, at the manufacturer’s or at the manufacturer’s authorized representative’s on a regular basis and in accordance with the procedure established by the Public Railway Infrastructure Manager or a safety system’s manufacturer. 3.4. Train traffic restrictions 3.4.1. Specialized infrastructure There is no specialised infrastructure restricting the train traffic. 3.4.2. Environmental restrictions There are no environmental restrictions on the train traffic. 3.4.3. Transportation of dangerous freight There are no restrictions for the transportation of dangerous freight. 3.4.4. Restrictions on tunnels There are no tunnels where the train traffic is restricted. 3.4.5. Restrictions on bridges All railway bridges, except for pedestrian bridges, are classified according to their load bearing capacity. The bridge category by load capacity is a general indicator of the bridge strength. There are five categories of bridges in accordance with their load capacity: Category I: bridges estimated for N 8 and S 14 load, with no defects reducing the load capacity, and without speed limitation; Category II: bridges for rolling stocks with a longitudinal track load capacity of maximum 10.5 t/m (tonne force to a linear meter), with the track load by a wheelset of a locomotive/wagon of 27 t, as well as all currently used transporter wagons up to 500 t, with some speed limitations; Category III: bridges for any currently used rolling stocks including eight-axle open wagons with a longitudinal track load of maximum 9 t/m, with some speed limitation; Category IV: bridges for four-axle wagons with a longitudinal track load of maximum 7.5 t/m and transporter wagons of up to 300 t, with the speed limitation; Category V: all other bridges of smaller load capacity, with the speed limitations for heavy trains. 3.4.6. Other restrictions Freight train traffic through Vilnius station is restricted. In the absence of restrictions on the capacity of the public railway infrastructure, all freight train traffic to / from Kena station is via Vaidotai, Valčiūnai, Kyviškės.

Freight train traffic through Kaunas station is restricted. In the absence of capacity constraints on the public railway infrastructure, all freight trains run between the stations of Jiesia and Palemonas via the Rokai. In order to make more efficient use of the existing infrastructure, the Manager, in agreement with the Carrier, shall have the right to direct the trains on alternative routes. 3.5. Planned restrictions on infrastructure capacity Information about planned restrictions on infrastructure capacity shall be given upon submission of a free-form application to the Capacity Planning and Sales Unit of the Commercial Department of the Railway Infrastructure Directorate. This information is available on the website of AB “Lietuvos geležinkeliai” at https://ltginfra.lt/en/kiti-dokumentai . 3.6. Service facilities 3.6.1. Passenger stations An option is provided to board or detrain passengers who use the railway station buildings (their public spaces), platforms, passenger information boards (light boards) and audio equipment. At the railway station, the recipient shall be provided with areas or premises for the installation of ticket offices or facilities for the automatic sale of tickets. Information on passenger railway stations, their buildings and other facilities, suitable places for the provision of travel information and ticketing services is placed in the "Railway service facilities" section of the website of the public railway infrastructure manager. 3.6.2. Freight terminals Freight terminals provide the service of intermodal loading and servicing of trainsets and wagon groups of intermodal transport units (hereinafter referred to as the ITU) when at the agreed time they are delivered to the terminal by trains or wagon groups of a railway undertaking (carrier). ITUs may be loaded, within the agreed schedule, from one mode of transport to another or placed at special sites (for fee-free storage up to 30 days) and only thereafter are taken away from the terminal. This service is provided in the case where at least one mode of transport is rail transport. The customer is provided with the service of loading sites, i.e. the possibility of cargo unloading / loading, holding or storing in the designated area. The service of cargo handling is rendered to the customer at Klaipėda Container Terminal. Information on the services provided at freight terminals is available in the public railway infrastructure manager’s web page section “Services provided in railway service facilities”. 3.6.3. Accumulation tracks, train formation and shunting facilities The Customer is provided with the public railway infrastructure railway station tracks, switches, signalling and other facilities for train composition at a departure station and train decomposition at a destination station. The Customer is granted the right to decompose trains at the destination station, to form trains at the departure station or to recompose trains at the intermediate station using the wagon classification yard. The Customer is provided with the public infrastructure railway station tracks for the storage of rolling stock. The storage of a vehicle in a service facility is understood as the presence of a vehicle in a service facility for more than 24 hours for any reason. The Customer is provided with the possibility to tow rolling stock on sidings and connecting tracks assigned to the railway service facility from the railway station axle or, in exceptional cases, the axle of yard tracks (the axle of yard tracks is applied in exceptional cases only in Kaunas and Klaipėda stations where rolling stock arrive not at the main station of Kaunas or Klaipėda, but to Palemonas or Pauostis yard tracks straight from the line section between the stations) to the boundary of a siding or connecting track assigned to the railway service facility managed by the public railway infrastructure manager, counting the entire distance of a siding and/or connecting track assigned to the railway service facility managed by the public railway infrastructure manager from the beginning of a rail path to the end. The Customer is provided with the possibility to tow rolling stock with gauge adjustable wheel sets through a gauge changing facility at Mockava railway station. Information on accumulation tracks, train formation and shunting facilities is available in the public railway infrastructure manager’s web page section “Railway service facilities” .

3.6.4. Parking tracks Information on parking tracks of UAB Transachema and Circle K Terminal Lietuva, UAB is available in the public railway infrastructure manager’s web page section “Railway service facilities”. The public railway infrastructure manager has no parking tracks to be used exclusively for the purpose specified in Article 3 (37) of the RTC, however the service of using railway service facilities for rolling stock storage is provided on railway station tracks.

3.6.5. Rolling stock maintenance equipment, excluding equipment for the large-scale maintenance of high-speed trains or other types of rolling stock requiring special equipment Filling up of traction rolling stocks with sand, including sand filling with the use of stationary sand refilling equipment. Electricity (~220 V voltage) supply for heating systems of traction rolling stocks parked on parking tracks. A place for the performance of the technical maintenance of a traction rolling stock. Information on technical maintenance equipment is available on the website of AB “Lietuvos geležinkeliai” at https://ltginfra.lt/en/gelezinkeliu-paslaugu-irenginiai . 3.6.6. Other technical equipment, including cleaning and washing equipment The Customer shall be provided with a track gauge changing facility for the change of a rolling stock track. The cleaning of traction rolling stock chassis with compressed air, and discharge of technical fluids and condensate. Preparation of tanks previously used for carriage of heavy oil products for the transportation of light oil products; cleaning of tanks from residuals (petrol, diesel). Information on other technical equipment, including cleaning and washing equipment, is available on the website of AB “Lietuvos geležinkeliai” at https://ltginfra.lt/en/gelezinkeliu-paslaugu-irenginiai . 3.6.7. Equipment of sea and inland water ports, related with railway activities The recipient of the service is provided with access to the seaport facilities and services provided in the operational capacity of Klaipėda Port of the Ship Stevedoring Joint Stock Company Klaipėdos Smeltė. Information on sea and inland port facilities related to railway activities is available on the public infrastructure manager's website https://ltginfra.lt/en/gelezinkeliu-paslaugu-irenginiai . 3.6.8. Equipment intended for assistance The Customer shall be provided with assistance in eliminating the consequences of railway catastrophes, traffic accidents and incidents. Information on equipment intended for providing assistance is available on the website of AB “Lietuvos geležinkeliai” at https://ltginfra.lt/en/gelezinkeliu-paslaugu-irenginiai . 3.6.9. Refuelling facilities The Customer is granted access to refuelling facilities (dispensers) that provide the service of refuelling of the Customer’s (Carrier’s) tractive vehicles with diesel. Information on refuelling facilities is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 3.7. Development and modernisation of public railway infrastructure Information on the development and modernisation of public railway infrastructure is available on the website of AB “Lietuvos geležinkeliai” at https://ltginfra.lt/planuojami-projektai .

4. ALLOCATION OF CAPACITY

4.1. Description of the capacity allocation process Public railway infrastructure capacity shall be allocated by the Public Railway Infrastructure Manager in accordance with the principles of capacity allocation provided for in Article 29 (1) of the Railway Transport Code of the Republic of Lithuania and the procedure for examination of applications for allocation of public railway infrastructure capacity, last-minute applications and late applications, the coordination of the working timetable and the applications to allocate public railway infrastructure capacity, and the booking of public railway infrastructure capacity to be used in the performance of the works of construction, repair and/or technical maintenance of public railway infrastructure provided for in Annex 9 of the Network Statement. The applicant shall not be entitled to transfer to another undertaking or any other railway transportation service any of its public railway infrastructure capacity, or to sell such capacity. If a railway undertaking (a carrier) uses public railway infrastructure capacity in performing the activities of a railway

29 undertaking (a carrier) acting in the interests of an applicant which is not a railway undertaking (a carrier), this shall not be considered as a transfer of public railway infrastructure capacity. Public railway infrastructure capacity shall be granted to applicants for a maximum duration of one period of the working timetable. The applicant may request as many train paths as he wishes. The application for public railway infrastructure capacity must be completed in Excel format using one of the spreadsheet management programs, such as Microsoft Excel, OpenOffice 2.3 Calc, etc. The completed application form for the allocation of public railway infrastructure capacity in Excel format can only be saved on a computer with the .xls extension. The application form for the allocation of public railway infrastructure capacity shall be completed in Lithuanian in accordance with the instructions provided in the form. The application form for the allocation of public railway infrastructure capacity completed in Excel format and the list of documents attached thereto shall be submitted to the public railway infrastructure manager by e-mail. E-mail: [email protected] or, if for objective reasons it is not possible to submit the application form for the allocation of public railway infrastructure capacity by e-mail, it must be submitted in electronic form to the address: Geležinkelio g. 2, LT-02100, Vilnius. The application form for the allocation of public railway infrastructure capacity shall be published in Excel format on the website of the public railway infrastructure manager, and the list of documents attached thereto is provided in Annex 9 to the Network Statement. In order to ensure the international carriage of passengers, baggage and freight, the public infrastructure manager shall sign cooperation agreements for the allocation of public infrastructure capacity on more than one network, setting out the modalities of cooperation and the main criteria for assessing and allocating public infrastructure capacity. On December 9, 2019, AB Lietuvos Geležinkeliai Infrastructure and AB LatRailNet signed an Agreement on cooperation in allocating capacity on more than one railway network no. SUTK (LGI) -13, which is provided in Annex 11 of the Network Statement. 4.2. Deadlines for the capacity allocation procedures 4.2.1. Deadlines for the capacity allocation for the working timetable of 2020-2021 Procedure Deadline Carried out by Filing of applications for capacity By 12 04 2020 Parties concerned Prepare a draft working timetable and Public Railway Infrastructure provide extracts thereof to interested By 12 07 2020 Manager parties Submitting comments and proposals for By 12 08 2020 Parties concerned the Draft Working Timetable Evaluation of comments and suggestions Public Railway Infrastructure By 28 09 2020 submitted with stakeholders stage Manager, parties concerned Request to investigate disputes that arise submission of applications for By 30 09 2020 Parties concerned coordination of the same public railway infrastructure capacity Public Railway Infrastructure Adopting decisions on capacity allocation By 12 10 2020 Manager Submitting the Working Timetable to the Public Railway Infrastructure By 07 11 2020 Applicants Manager 12 a.m. 13 12 Effective date of the Working Timetable 2020.

4.2.2. Deadlines for the submission of last-minute applications Last-minute applications shall be submitted to the Public Railway Infrastructure Manager at the following e-mail address: [email protected] at least 5 (five) business days before the desired date of using the capacity. Last minute applications must be completed in Excel format using one of the spreadsheet management programs such as Microsoft Excel, OpenOffice 2.3 Calc and so on. The completed last minute application form in Excel format can only be saved on a computer with the .xls extension. The last minute application form is filled in in Lithuanian according to the instructions provided in the form. The last minute application form completed in Excel format and the list of documents attached to it must be submitted to the public railway infrastructure manager by e-mail. by e-mail: [email protected] or, if for objective reasons it is not possible to submit the last minute application form by e-mail, it must be submitted in electronic form to the address: Geležinkelio g. 2, LT-02100, Vilnius. The application form for the allocation of public railway infrastructure capacity shall be published in Excel format on the website of the public railway infrastructure manager, and the list of documents attached thereto is provided in Annex 9 to the Network Statement. 4.3. Capacity allocation process The procedure and deadlines for the decision of the public infrastructure manager to allocate or refuse public infrastructure capacity on the basis of applications for public infrastructure capacity and last minute applications are set out in Annex 9 to the Network Statement. 4.3.1. Determination of the marginal rate The manager of the public railway infrastructure, in accordance with Article 296 of the Railway Transport Code of the Republic of Lithuania. Paragraph 4 (5) sets and specifies the limit value in accordance with the description of the requirements for the determination and assessment of the limit value applicable to the congested railway infrastructure in Annex 10 to the Network Statement. At present, the capacity utilization rate for public railway infrastructure is 89%. 4.3.2. Coordination process between the Public Railway Infrastructure Manager and the applicants The procedure of the Public Railway Infrastructure Manager to be followed during the consultations with the applicants and the procedure for allocation of public railway infrastructure capacity through the coordination of applications are set out in Annex 9 to the Network Statement. 4.3.3. Procedure for the settlement of disputes arising from the coordination of applications for allocation of the same railway infrastructure capacity 4.3.3.1. Disputes arising from the coordination of applications for the same public infrastructure capacity shall be dealt with by the public infrastructure manager. 4.3.3.2. Applicants shall submit to the Public Railway Infrastructure Manager in writing or by electronic means no later than 2 (two) working days after the end of the negotiation period regarding disputes arising from the coordination of applications for the allocation of the same public railway infrastructure capacity specified in Annex 9 to the Network Statement as of 30 September 2020). 4.3.3.3. The public railway infrastructure manager shall, not later than within 5 (five) working days from the receipt of the request to examine the dispute, examine the dispute and make a decision thereon. 4.3.3.4. Upon receipt of a request to examine a dispute, the public railway infrastructure manager shall form a Dispute Resolution Commission (hereinafter - the Dispute Resolution Commission). 4.3.3.5. The Commission shall, not later than within 5 (five) working days from the receipt of the request to examine the dispute, examine the dispute, prepare conclusions and inform the applicant who submitted the request to examine the dispute in writing or by electronic means about the decision taken. 4.3.4. Announcement of public rail infrastructure as congested The procedure and deadlines for the allocation of capacity on congested public railway infrastructure are set out in Annex 9 to the Network Statement. 4.3.5. Impact of framework agreements No framework agreement shall be concluded between the Public Infrastructure Manager and the applicant for the period of validity of the working timetable for 2020-2021. If the public infrastructure

31 manager decides to conclude framework agreements, they will be concluded in accordance with the 2016 agreement. April 7 Commission Implementing Regulation (EU) 2016/545 "On procedures and criteria for framework agreements for the allocation of railway infrastructure capacity" shall provide information on the procedures and criteria for the conclusion of such agreements in the all interested parties. 4.4. Applications for allocation of public railway infrastructure capacity for the performance of the works of construction, repair and/or maintenance of public railway infrastructure The application form for the reservation of the public railway infrastructure capacity for the performance of the works of construction, repair and/or maintenance of public railway infrastructure, the procedure of submission and evaluation of applications and the deadlines are provided in Annex 9 to the Network Statement. 4.5. Refusal or non - use of allocated railway infrastructure capacity The request for renunciation of allocated public railway infrastructure capacity must be completed in Excel format using one of the spreadsheet management programs, such as Microsoft Excel, OpenOffice 2.3 Calc, etc. The completed application form for the waiver of allocated public railway infrastructure capacity may only be saved in Excel format with the .xls extension. The application form for renunciation of the allocated public railway infrastructure capacity shall be completed in Lithuanian in accordance with the instructions provided in the form. The request form for the waiver of allocated public infrastructure capacity in Excel format must be submitted to the public infrastructure manager by e-mail. E-mail: [email protected] or, if for objective reasons it is not possible to submit the application form for the allocation of public railway infrastructure capacity by e-mail, it must be submitted in electronic form to the address: Geležinkelio str. 2, LT-02100, Vilnius. The application form for the waiver of allocated public railway infrastructure capacity shall be published in Excel format on the website of the public railway infrastructure manager in the section "Other documents", the procedure and deadlines for its submission and examination are provided in Annex 9 to the Network Statement. 4.6. Cancellation of allocated railway infrastructure capacity 4.6.1. The Public Railway Infrastructure Manager shall take a decision to cancel the public railway infrastructure capacity in the cases provided for in Article 296 (4) of the Railway Transport Code of the Republic of Lithuania not later than within 20 (twenty) business days after occurrence of any of the circumstances specified in the said paragraph. 4.6.2. The public railway infrastructure manager shall inform about the decision to cancel the public railway infrastructure capacity allocated to the applicant in writing or by electronic means immediately, but not later than within 2 (two) working days from the adoption of such decision. 4.6.3. The public railway infrastructure manager, within 10 (ten) working days from the decision to cancel the public railway infrastructure capacity allocated to the applicant, shall make a decision regarding their use or declaration of free public railway infrastructure capacity. 4.6.4. The public railway infrastructure manager shall publish the public railway infrastructure capacity declared free of charge not later than within 5 (five) working days from the day of making the decision specified in clause 4.6.3 in the "Free capacity" section of its website https://ltginfra.lt/en/laisvi- pajegumai and inform the applicants who have submitted applications for public railway infrastructure capacity and requested that they be allocated free public railway infrastructure capacity, but were not allocated public railway infrastructure capacity. 4.7. Allocation of public railway infrastructure capacity instead of allocated public railway infrastructure capacity 4.7.1. In the cases specified in Article 298 of the Code, public railway infrastructure capacity, if possible, shall be allocated by the decision of the public railway infrastructure manager immediately, but not later than within 3 (three) working days from the date of receipt of the applicant's consent to the public railway infrastructure capacity. 4.7.2. In circumstances beyond the control of the applicant, where the applicant is unable to use the public railway infrastructure capacity allocated to him: 4.7.2.1. the public railway infrastructure manager must inform the applicant thereof in writing or by electronic means no later than the next working day from the occurrence of such circumstances;

4.7.2.2. when providing the information specified in Clause 4.7.2.1 of these Network Statements to the applicant, the public railway infrastructure manager may at the same time offer the applicant other capacities instead of the allocated capacities, if any, and set a period of 2 (two) working days to consider this proposal and submit a response; 4.7.2.3. if the applicant agrees with the proposal submitted to him by the public railway infrastructure manager in accordance with clause 4.7.2.2 of these Network Statements, the applicant shall send the e-mail to the public railway infrastructure manager. E-mail [email protected] together with the answer shall provide a last minute application form filled in according to the information provided by the public railway infrastructure manager. 4.7.2.4. the public railway infrastructure manager, having received the last minute application completed in accordance with the instructions of clause 4.7.2.3 of these Network Statements, shall evaluate it in accordance with the instructions set out in clause 12 of Annex 9 to these Network Statements. 4.7.2.5. if the applicant does not agree with the proposal submitted to him by the public railway infrastructure manager in accordance with clause 4.7.2.2 of these Network Statements, trains shall be canceled in accordance with the procedure established in the description of the procedure for establishing and imposing penalties for disruptions (Order No. 3-425 of the Minister of Transport and Communications of the Republic of Lithuania of 24 January 2012 “On the Procedure for Determining and Imposing Fines for Train Traffic Disruptions and Compensation to Undertakings Affected by Such Disruptions” (with subsequent amendments). 4.8. Replacement of rolling stock used in public rail infrastructure 4.8.1. A railway undertaking /carrier or repair undertaking which has concluded a contract for the use of public railway infrastructure with a public railway infrastructure manager and has the capacity to provide public railway infrastructure in order to ensure the use of the public infrastructure capacity allocated to it shall be entitled to use traction or self-propelled rolling stock other than those covered by the application for public infrastructure capacity in the application for public railway infrastructure capacity or last-minute application , if such modification of rolling stock is compatible with the technical characteristics of the public railway infrastructure in accordance with the applicable capacity of the public railway infrastructure by a decision taken by a public infrastructure manager, adopted in accordance with the procedures laid down in this Section of the Network Regulations. 4.8.2. The railway undertaking/carrier or repairer shall, in order to start using other rolling stock, than those referred to in the application for public infrastructure capacity on the basis of an application for public infrastructure capacity or a last-minute application (hereinafter referred to as 'other rolling stock'), must submit a free-form formal request to the public infrastructure manager at least 10 (ten) working days before the date of use of the desired public infrastructure capacity for which new rolling stock will be put into service during the period of validity of the service train timetable (hereinafter referred to as the request). 4.8.3. The request shall include: 4.8.3.1. information on the allocated capacity of the public railway infrastructure (date of decision, number, application date, number, position, initial railway station, rear railway station, time of departure of the train from the original railway station) for which the replacement of rolling stock is desired; 4.8.3.2. details of other rolling stock to be used (vehicle series, weight, length); 4.8.4. The request shall be submitted to the public infrastructure manager by e-mail [email protected] ; 4.8.5. Upon request, the public infrastructure manager shall assess whether the rolling stock mentioned in the request is listed in Annex 2 to the Contract for the Use of Public Railway Infrastructure or the public infrastructure manager has been informed of the start-up of other rolling stock within the time limits provided for in the Public Service Contract. 4.8.6. The public infrastructure manager, having determined that Annex 2 to the Contract for the Use of Public Railway Infrastructure does not specify such rolling stock and that the public infrastructure manager has not been informed within the time limits provided for in the Public Service Contract for the use of the public railway infrastructure, immediately, but no later than 2 (two) working days after the request, inform the requesting railway undertaking (carrier) or repairer by electronic means of communication and set a time limit of at least 2 (two) working days for the submission of an updated contract for the use of public railway infrastructure Annex 2.

4.8.7. The public railway infrastructure manager, having received through the Network Statement 4.8.6. Annex 2 to the public railway infrastructure contract or the public railway infrastructure board on new other railway infrastructure agreements, which are provided for in the timeframe from the start of the requests, specifying the performance requirements, are useful for setting time-limited updates or for requesting the entry into service of other rolling stock. assessment of the characteristics of the public railway infrastructure: 4.8.7.1. The public infrastructure manager shall assess, within a maximum of 3 (three) working days, whether the traction measures specified in the request are of sufficient power. In this case, the public infrastructure manager shall assess whether the traction measure power specified in the request is sufficient to comply with the service train schedule for the specified mass on the basis of the available public railway infrastructure capacity. Where it is found that the traction measures specified in the request are of sufficient power, such train shall be deemed to comply with the parameter of the public railway infrastructure assessed and if it is found that the power of the traction measures is insufficient or the capacity of the public railway infrastructure to be replaced, such train shall be deemed not to be in accordance with the parameter of the public railway infrastructure assessed. 4.8.8. The public infrastructure manager shall decide to refuse to examine the application if the railway undertaking/repairer or repairer has not submitted an updated Annex 2 to the Public Railway Infrastructure Contract within the time limit set by the public infrastructure manager referred to in clause 4.8.6 of the Network Regulations. 4.8.9. The public infrastructure manager shall inform the applicant by written or electronic means, no later than 2 (two) working days, of the decision to refuse to examine the application if the applicant has not followed the procedure set out in clause 4.10.5 of the Network Regulations. 4.8.10. The public infrastructure manager shall take the decision to refuse the introduction of other public railway infrastructure capacity intended for use in the event of a negative conclusion referred to in clause 4.8.7.1 of the Network Regulations no later than 2 (two) working days from the date of preparation of this Conclusion. 4.8.11. The public infrastructure manager shall take the decision to authorise the introduction of other public railway infrastructure capacity for the launch of other rolling stock with a positive conclusion referred to in clause 4.8.7.1 of the Network Regulations no later than 2 (two) working days from the date of preparation of this Opinion. 4.8.12. The public infrastructure manager shall inform the applicant, in writing or electronic communication, within 2 (two) working days and by electronic means of a decision taken in accordance with the procedure laid down in Clause 4.8.10 or 4.8.11 of the Network Regulations. 4.9. Contingency plan in case of traffic disruptions Pursuant to Paragraph 1 of Article 298 of the Code, in order to ensure prompt submission of accident notifications, timely response to accidents and their management and proper implementation of the AB Lietuvos geležinkelių infrastruktūra railway traffic safety management system, the Public Railway Infrastructure Manager has prepared scheme and the emergency management plan of AB Lietuvos Geležinkeliai Infrastructure, approved by the Order No. IS (LGI)-11 of the General Director of AB Lietuvos Geležinkeliai Infrastructure on 4 December 2019 "On Emergency Reporting and Approval of the Emergency Management Plan". 4.10. Allocation of capacity of service facilities A description of the principles for the allocation of capacity of service facilities is available on the website of the public railway infrastructure manager in the section https://ltginfra.lt/en/gelezinkeliu- paslaugu-irenginiai .

5. SERVICES PROVIDED BY THE PUBLIC RAILWAY INFRASTRUCTURE MANAGER

5.1. Introduction The public railway infrastructure manager shall provide a minimum package of access to the public railway infrastructure and services provided in the state-owned railway service facilities operated by the public railway infrastructure manager.

Pursuant to Commission Implementing Regulation (EU) 2017/2177 on access to railway service facilities and rail-related services (hereinafter referred to as the Regulation), which entered into force in 2019. From 1 June 2019, in accordance with Article 5 (1), operators of railway service facilities (hereinafter referred to as GPEs) may publish the GPT specifications referred to in the Regulation in one of the following ways until 2019. 11 December: 1) provide a link to be included in the Network Statement on its web portal or on a common web portal and to the public railway infrastructure manager; 2) provide the public infrastructure manager with information on the GPUs they operate in accordance with the model template developed by RailNetEurope (RNE), the translation of which is available on the public infrastructure manager's website. 5.2. Minimum access package The minimum package for access to public railway infrastructure consists of: • services consisting of handling requests for public railway infrastructure capacity; • granting the right to use the public railway infrastructure according to the allocated capacity of the public railway infrastructure, as well as switches, passenger platforms, power supply equipment to ensure traction current, if such equipment is available; • train traffic management, which includes signaling, regulation, train traffic management; the transmission and provision of information on train movements, as well as all other information necessary for the start of the service or the provision of the service to which the public railway infrastructure capacity has been allocated. 5.3. Access to the railway service facilities and rail-related services 5.3.1. The list of access to railway service facilities and services supplied in railway service facilities is available in the public railway infrastructure manager’s web page section “Railway service facilities”, and the rules for services supplied in railway service facilities are placed in this web page section “Railway service facilities”. 5.3.2. Railway service facilities managed by AB LTG Infra: 5.3.2.1. The description of the railway service facility “Cargo terminals (loading sites)” managed by AB LTG Infra is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.2.2. The description of the railway service facility “Category I passenger stations, their buildings and other facilities, including travel information display and suitable location for ticketing” managed by AB LTG Infra is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.2.3. The description of the railway service facility “Category II passenger stations, their buildings and other facilities, travel information display and suitable location for ticketing” managed by AB LTG Infra is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.2.4. The description of the railway service facility “Accumulation tracks, train formation and shunting facilities” managed by AB LTG Infra is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.2.5. The description of the railway service facility “Technical assistance facilities” managed by AB LTG Infra is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.2.6. The description of the railway service facility “Services provided a Vilnius Intermodal Terminal” managed by AB LTG Infra is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.2.7. The description of the railway service facility “Services supplied at Kaunas Intermodal Terminal” managed by AB LTG Infra is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.3. Railway service facilities managed by the Asset Management Service Center of AB Lietuvos Geležinkeliai: 5.3.3.1. The description of the railway service facility “Access to rolling stock maintenance facilities (inspection pits)” managed by the Asset Management Service Centre of AB Lietuvos Geležinkeliai is available in the public railway infrastructure manager’s web page section “Railway service facilities”.

5.3.3.2. The description of the railway service facility “Access to refuelling service facilities” managed by the Asset Management Service Centre of AB Lietuvos Geležinkeliai is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.3.3. The description of the railway service facility “Access to rolling stock maintenance facilities (purge stations)” managed by the Asset Management Service Centre of AB Lietuvos Geležinkeliai is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.3.4. The description of the railway service facility “Access to rolling stock maintenance facilities (power supply columns)” managed by the Asset Management Service Centre of AB Lietuvos Geležinkeliai is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.3.5. The description of the railway service facility “Access to rolling stock maintenance facilities (sandboxes)” managed by the Asset Management Service Centre of AB Lietuvos Geležinkeliai is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.3.6. The description of the railway service facility “Access to services supplied at rolling stock cleaning and washing facilities (exterior washing of tractive vehicles and self-propelled passenger vehicles)” managed by the Asset Management Service Centre of AB Lietuvos Geležinkeliai is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.3.7. The description of the railway service facility “Access to services supplied at rolling stock cleaning and washing facilities (preparation of freight wagons for loading, repair works)” managed by the Asset Management Service Centre of AB Lietuvos Geležinkeliai is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.3.8. The description of the railway service facility “Access to cargo terminals (loading sites)” managed by the Asset Management Service Centre of AB Lietuvos Geležinkeliai is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.3.9. The description of the railway service facility “Accumulation tracks, train formation and shunting facilities intended for rolling stock” managed by the Asset Management Service Centre of AB Lietuvos Geležinkeliai is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.4. Railway service facilities managed by LKAB Klaipėdos Smeltė (Klaipėda Smeltė container terminal) 5.3.4.1. The description of the railway service facility managed by LKAB Klaipėdos Smeltė, which defines the rules, terms and procedure for providing the service of intermodal loading and servicing of trainsets and wagon groups of intermodal transport units of LKAB Klaipėdos Smeltė, information on the service fee and other necessary information, is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.5. Railway service facilities managed by UAB Vakarų Krova 5.3.5.1. The description of the railway service facility “Cargo terminals (loading sites)” managed by UAB Vakarų Krova is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.6. Railway service facilities managed by UAB VPA Logistics: 5.3.6.1. The description of the railway service facility “Technical Assistance Equipment” managed by UAB VPA Logistics is available in the public railway infrastructure manager’s web page section “Railway service facilities” 5.3.7. Railway service facilities managed by Circle K Terminal Lietuva, UAB: 5.3.7.1. The description of the railway service facility managed by Circle K Terminal Lietuva, UAB is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.8. Railway service facilities managed by UAB TRANSACHEMA: 5.3.8.1. The description of the railway service facility managed by UAB TRANSACHEMA is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.9. Railway service facilities managed by UAB Klaipėdos Konteinerių Terminalas: 5.3.9.1. The description of the railway service facility operated by UAB Klaipėdos Konteinerių Terminalas is available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.10. Ancillary services provided by UAB Vilniaus Lokomotyvų Remonto Depas:

5.3.10.1. Information on the provision of rail-related ancillary services by UAB Vilniaus Lokomotyvų Remonto Depas is provided in the description “Wagon-related services” made available in the public railway infrastructure manager’s web page section “Railway sevice facilities”. 5.3.11. Ancillary services provided by UAB LTG Link: 5.3.11.1. Information on the provision of rail-related ancillary services by UAB LTG Link is provided in the description “Heavy maintenance services supplied in rolling stock maintenance facilities managed by UAB LTG LINK and dedicated to rolling stock requiring specific facilities” as made available in the public railway infrastructure manager’s web page section “Railway service facilities”. 5.3.12. Additional services provided by AB LTG Infra: 5.3.12.1. An additional service is provided, comprising the supply of traction current, charges for which shall be shown on the invoices separately from charges for using the electrical supply equipment. Information on this service is laid down in the rules for supplying services in railway service facilities and in the public railway infrastructure manager’s web page section “Railway service facilities”.

6. PAYMENT FOR THE MINIMUM ACCESS PACKAGE AND PAYMENT FOR THE USE OF RAILWAY SERVICE FACILITIES, THEIR RAILWAYS AND THE BASIC, ADDITIONAL AND ANCILLARY SERVICES PROVIDED ON THESE RAILWAY SERVICE FACILITIES

6.1. Charging principles Railway undertakings (carriers) and repairers shall pay a fee for the minimum access package in accordance with these charges. • train traffic; • passenger transit; • cargo transit; • freight transportation; • use of the catenary. The fee received for the minimum package is intended to cover the costs incurred by the public infrastructure manager in accessing the provision of the minimum package. The cost of the services provided by the public infrastructure manager shall be determined in accordance with the activity-based costing method. The detailed arrangements for the allocation of costs for the services provided by the public infrastructure manager shall be determined by the public infrastructure manager, taking into account its organizational structure, operating technologies and available accounting systems. 6.2. Principles of charging for the minimum access package to and use of public railway infrastructure 6.2.1. Description of the Procedure for Allocating Costs Directly Incurred as a Result of Operating the Train Service The public railway infrastructure manager’s costs incurred directly as a result of operating the traffic are calculated in accordance with the Description of the Procedure for Allocating Costs Directly Incurred as a Result of Operating the Train Service as drafted in line with the provisions of the Commission Implementing Regulation (EU) 2015/909 of 12 June 2015 on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service (the Regulation) and approved by Order No. ĮS(LGI)-491 of the General Director of AB LTG Infra. The Description of the Procedure for Allocating Costs Directly Incurred as a Result of Operating the Train Service is provided in Annex 16 to the Network Statement to the extent it does not concern the protection of commercial and professional secrets of the public railway infrastructure manager. Accordingly, the amount of charges set for the traffic and catenary use is such as to ensure that revenues received from them are equal to costs directly incurred by the public railway infrastructure manager as a result of operating the train service. 6.2.2. Principles of charging for the use of railway service facilities Charges for the use of railway service facilities and for basic rail transport services provided at these facilities may not exceed the cost of providing these services, plus a reasonable profit. Charges for ancillary and ancillary services related to rail transport (see Chapter 5) are set by the railway facility operator. Where

37 ancillary and ancillary services relating to rail transport are provided by a single service provider, the charge for those services may not exceed the cost of providing them, plus a reasonable profit. When planning its costs, the public railway infrastructure manager must anticipate how it will reduce its costs by applying measures to reduce the costs of public railway infrastructure and the level of charges. Measures to reduce the costs and charges of public railway infrastructure shall be such as not to impair the safety of rail traffic and the quality of the services provided by the public infrastructure manager to railway undertakings (carriers). 6.3. Rates of charges for the use of the public railway infrastructure 6.3.1. Rates of charges for the minimum access package The procedure set forth in Chapter III of the Resolution No. 610 of 19 May 2004 of the Government of the Republic of Lithuania “Regarding Calculation and Publication of Minimum Access Package Fees, Calculation of the Minimum Access Package Fees payable by a particular Railway Undertaking (carrier) and Approval of the Payment Rules” shall be applied to the calculation for the charge for the minimum access package, its announcement, the calculation and procedure of payment of charges to be paid by particular railway undertakings (carriers) for the minimum access package. Charges to be paid shall be adjusted in accordance with the fines or compensation payable in the event of disruption to train traffic, as provided for by the Order No. 3-425 of 24 January 2012 of the Minister of Transport and Communications of the Republic of Lithuania “Regarding the Determination of Fines for Train Disruptions and the Description and Procedure of Determination of Compensation to Undertakings Affected by such Disruptions” (as amended). 6.3.2. Rates of charges for the use of the railway service facilities Rates or information on charges for the use of railway service facilities are published in the public railway infrastructure manager’s web page section “Services. Railway service facilities” and in the descriptions of railway service facilities in the public railway infrastructure manager’s web page section “Railway service facilities”. 6.4. Procedure for payment of the fee for the minimum package of access to the public railway infrastructure Chapter III of the Rules specifies the procedure for calculating and paying the fee for the minimum package of access to the public railway infrastructure. 6.5. Fines for non-use or refusal to use the allocated capacity The results improvement system covers the accounting of the information on delays or cancellation of passenger and freight trains, the procedure for calculating, setting and paying penalties for traffic disruptions and compensations for such disruptions to suffered railway undertakings (carriers) and companies willing to access railway infrastructure facilities as provided for in the Procedure for Payment of Compensations for such Disruptions to Suffered Undertakings. A railway undertaking (carrier) and repair company must pay for allocated but unused capacity a certain share of charge specified in item 20 or 22 of the Rules for the Setting of Charges for the Services Provided by the Public Railway Infrastructure Manager except for cases where the railway undertaking (carrier) or repair company failed to use the capacity due to force majeure circumstances and where following the Administration's decision to allocate the capacity the railway undertaking (the carrier) or repair company refused them or made a decision on not using them. By the decision of the Administration the railway undertaking (carrier) or repair company may be relieved from paying the share of charge equal to the share payable by another railway undertaking (carrier) or repair company which has been allocated capacity that the railway undertaking (carrier) or repair company refused prior to the use of allocated capacity. 6.6. Scope of data needed and procedure for assessing and determining whether railway undertakings (carriers) operating in the relevant segments of the rail transport market can pay these mark- ups 6.6.1. The public railway infrastructure manager, when assessing and determining whether railway undertakings (carriers) operating in the relevant segments of the rail transport market can pay these mark- ups, among other data, assesses the data provided to it within the scope and under the procedure established in the present Network Statement (the data).

6.6.2. The public railway infrastructure manager, at least 14 months before the working timetable, for the duration of which the mark-ups would be applicable, applies in writing to railway undertakings (carriers), who were operating in the last calendar year, for the provision of data. 6.6.3. Upon receipt of the public railway infrastructure manager’s application to provide the data, the railway undertakings (carriers) specified in Clause 6.6.2 of the Network Statement, not later than within 10 (ten) working days, furnish to the public railway infrastructure manager in writing the set of financial statements for the last calendar year submitted to the State Enterprise Centre of Registers, signed by the head of the undertaking and the attached table to be completed as indicated in Annex 13 to the Network Statement (the table). If the set of financial statements is made public, the public railway infrastructure manager shall be provided with hyperlink to this publicly available information. 6.6.4. When providing the data, railway undertakings (carriers) must indicate whether the information provided is confidential by indicating explicitly which data are confidential. In the case of failure to mention that data being provided are non-confidential, the public railway infrastructure manager shall treat them as public. 6.6.5. Upon receipt of the data and establishment that the data given in the table are inaccurate or the ground for their indication is unclear, the public railway infrastructure manager, not later than within 2 (two) working days in writing or by using electronic media applies to those railway undertakings (carriers) who have provided the data with a request, not later than within 5 (five) working days of receipt of this application, to submit explanations and/or information clarifying the data (including, without limitation, a document signed by the head of a railway undertaking (carrier) or a person authorised by him (certificate, letter, etc.) with the indication of the principles of attributing and/or distributing revenues and costs of the railway undertaking (carrier) for the railway transport market segments being assessed (the segments) by activities carried out by the railway undertaking (carrier) in relation to providing the services of rail freight transport and activities related to such services, and/or by services provided while performing these activities. 6.6.6. Upon receipt of information from railway undertakings (carriers), the public railway infrastructure manager shall evaluate it and, at least 10 working days before the date of entry into force of the working timetable, shall approve and publish the list of segments to which the mark-ups can be applied, and shall include the list in the Network Statement. 6.7. Assessment and determination whether railway undertakings (carriers) operating in the relevant segments of the rail transport market can pay these mark-ups The public railway infrastructure manager shall evaluate those segments of the rail transport market to which the mark-ups can be applied on the basis of the principles specified in paragraph 1 of Article 251 of the Code and the description of the procedure for assessment of the rail transport market segments and their pairs and determination whether railway undertakings (carriers) operating in the relevant segments of the rail transport market can pay the mark-ups as established in Annex 14 of the Network Statement 6.8. List of segments of the rail transport market to which the mark-ups can be applied 6.8.1. In accordance with Article 251 (6) of the Code the following list of segments of the rail transport market to which the mark-ups can be applied is approved: 6.8.1.1. Carriage of loaded and empty containers, semi-trailers and other containers of different types; 6.8.1.2. Carriage of dangerous goods; 6.8.1.3. Carriage of low-value goods; 6.8.1.4. Carriage of other goods. 6.9. Recalculation of the tariff rates of charges for the minimum access package and the charge payable over the duration of the working timetable period by a particular railway undertaking (carrier) and repair undertaking for the minimum access package In the procedure for recalculating and paying the tariff rates of charges and the charge for the minimum access package established in sub-items 3.7-3.13 of the Republic of Lithuania Government Resolution No. 356 of 8 April 2020 on Amending the Republic of Lithuania Government Resolution No. 610 of 19 May 2004 on the Approval of the Rules for Calculation and Publication of the Charge for the Minimum Access Package, Calculation and Payment of the Amount of Charge Payable by a Particular Railway

Undertaking (Carrier) for the Minimum Access Package. The public railway infrastructure manager recalculates the tariff rates of charges and the charge for the minimum access package for the duration of the 2020–2021 working timetable at least 30 calendar days before the entry into force of the 2021–2022 working timetable.

6.10. Procedure for calculating the amount of charge for allocated but unused capacity of public railway infrastructure 6.10.1. Over the effective period of the Network Statement, in accordance with Article 251 (1) of the Code the public railway infrastructure manager sets the charge for allocated but unused capacity which is calculated and paid under the procedure set forth in Section IV of the Rules.

6.11. Criteria based whereon it is established that capacity or part thereof is not used regularly In accordance with Article 25 (3) of the Code the components of the charge for the minimum access package, and the procedure for calculating and paying the tariff rates comprising this charge and the amount of the charge for the minimum access package payable by the railway undertakings (carriers) and by the undertakings referred to in Article 28 (3) of this Code are established by the Government. Following this provision, the Government at the time of approving the Rules linked the possibility of setting the charge for allocated but unused capacity pursuant to Item 35 of these Rules with paragraph 1 of Article 252 but not paragraph 2. Accordingly, under the aforesaid regulation during the validity period of the Network Statement no separate criteria are established for determining whether capacity or part thereof is unused regularly.

6.12. Payment procedure 6.12.1. The procedure and deadlines for the calculation of the charge payable, the calculation of the charge for unused capacity of the public railway infrastructure and the payment of these charges are established by the railway undertaking (carrier) and the undertaking that travels to and from the place of construction, repair and / or maintenance of railway infrastructure objects in the Chapters III and IV of the Rules. 6.12.2. The procedure for payment for the use of services provided at railway service facilities is described in 5.3.1. on the website.

ANNEXES

Annex No. 1 of Network Statement of Public Railway infrastructure for 2020-2021

1. Lengths of lines and maximum length of trains which may run on these lines

Train length based on the length of tracks in stations in the section Seq. Railway line Railway line (in conv. wagons) length, km No. odd traffic even traffic

direction direction 1 2 3 4 5 1 Valst. siena – Kena 6,8 57 57 via Valčiūnai 39,3 57 57 2 Kena – Vaidotai via Vilnius 46,3 57 57 3 Vaidotai – Stasylos – State Border 41,6 57 57 4 Kena – Vaidotai – Rokai – Kybartai – State 222,2 57 57 Border 5 Vaidotai – Palemonas 91,3 57 57 6 Palemonas – Radviliškis 129,1 57 57 222,8 7 Kena – Vaidotai – Radviliškis 57 57 190,5 Radviliškis – Klaipėda – Draugystė 186,9 8 57 57 (via Kužiai station) 199,0 9 State Border – Joniškis - Šiauliai – Radviliškis 82,3 57 57 10 Radviliškis – Pagėgiai – State Border 152,0 53 53 11 Radviliškis – Klaipėda (via Pagėgiai station) 229,3 53/57* 48/57* 12 Radviliškis – Bugeniai 114,6 57 57

13 State Border – Mažeikiai – Bugeniai 34,9 57 57 Kazlų Rūda – Šeštokai – Mockava – State 14 75,4 740 m 740 m Border ( 1435 mm) 15 Kazlų Rūda – Kaunas (1435 mm) 37,2 240 m 240 m 16 Gaižiūnai – Klaipėda 286,5 57 57 17 Švenčionėliai – Turmantas – State Border 71,0 45 43 18 Švenčionėliai – Utena 48,1 45 50 19 Kirtimai – Vaidotai 11,0 45 45 20 Kirtimai – Jašiūnai 21,5 45 45 21 Vaidotai – Varėna 75,7 42 42

22 Vaidotai – Šilainiai 118,3 57 57 23 Vaidotai – Gaižiūnai 86,7 57 57 24 Šilainiai – Draugystė 266,9 57 57 25 Jonava – Rizgonys 22,7 50 50

26 Palemonas – Rokai – Kybartai – State Border 93,5 57 57

27 Palemonas – Rokai – Marijampolė 67,6 45 48

28 Palemonas – Šeštokai 100,5 42 42

29 Šeštokai – Mockava (1520 mm.) 7,5 49 49

30 Šeštokai – Alytus 38,1 42 42

31 Radviliškis – Panevėžys – State Border 169,2 57 57

32 Radviliškis – Pakruojis – Petrašiūnai 43,1 57 57

33 Radviliškis – Tauragė – Pagėgiai – Šilutė 182,0 53 53

34 Rimkai – Šilutė – Tauragė 108,4 42 42

35 Akmenė – Alkiškiai 11,8 57 57

36 Vilnius – N. Vilnia – Švenčionėliai 79,3 45 45

37 Šilėnai – Jonaitiškiai 6,3 57 57

*when the train is on track of Pagėgiai station No. 11

Annex No. 2 of Network Statement of Public Railway infrastructure for 2020-2021

2. Example of a contract application form

AB „Lietuvos geležinkelių infrastruktūra“ 2019- - Nr. ...-.. generaliniam direktoriui Karoliui Sankovskiui

DĖL SUTARČIŲ SUDARYMO

Geležinkelio įmonė (vežėjas) prašo sudaryti Naudojimosi viešąja geležinkelių infrastruktūra ir (arba) Paslaugų teikimo geležinkelių paslaugų įrenginiuose sutartis 2020-2021 m. tarnybinio traukinių tvarkaraščio galiojimo laikotarpiui.

Pasirašančiojo pareigos (Parašas) (Vardas ir pavardė)

ORIGINALAS NEBUS SIUNČIAMAS (rašoma, tik jei pasirašoma rašytiniu parašu ir siunčiama el. paštu / faksu)

(rengėjo vardas, pavardė, telefonas, elektroninis paštas)

Annex No. 3 of Network Statement of Public Railway infrastructure for 2020-2021

3. Stations where commercial operations related to freight services are carried out Eil Stoties Operacijos Stoties Eil. Stoties Operacijos Stoties Nr pavadinimas žymuo kodas Nr pavadinimas žymuo kodas 1 Akmenė 1, 3, 4 § 126707 36 Pakruojis 1, 3 106008 2 Alytus 3, 8H § 123605 37 Paneriai 1, 3, 8, K 120804 3 Bezdonys 1 § 128204 38 Panevėžys 1, 3, 4 127305 4 Bugeniai 3 § 126302 39 Pavenčiai 1, 3, 4 107208 5 Darbėnai 3 § 107142 40 Petrašiūnai 3 124104 6 Draugystė 3, 12H, K § 108200 41 Pilviškiai 1, 3 124104 7 Dūkštas 1, 4 § 128906 42 Plungė 1, 3, 4 107509 8 Gaižiūnai 1, 3 § 124504 43 Radviliškis 1, 3, 4 125507 9 Gubernija 1, 3 § 125808 44 Rimkai 1, 3, 8H 108408 10 Gustonys 3 § 127201 45 Rizgonys 3 124805 11 Ignalina 1, 3, 4§ 128609 46 Rokiškis 1, 3, 4 127803 12 Jašiūnai 1, 3 § 120503 47 Rūdiškės 1 122405 13 Jonava 1, 3, 4 124701 48 Senieji Trakai 3 122509 14 Joniškis 1, 3, 4 126001 49 Skuodas 3 127409 15 Kaišiadorys 1, 3, 4 122803 50 Subačius 1, 3 127409 16 Karpėnai 3 126800 51 Šeduva 1, 3, 4 127108 17 Kaunas 1, 3, 4, 10, 12, K 123107 52 Šeštokai 1, 3, 4, 10 123802 18 Kazlų Rūda 1, 3, 4 123408 53 Šiauliai 1, 3, 4 125704 19 Kena 3,4,12 120306 54 Šilainiai 1, 3 125206 20 Kėdainiai 1, 3, 4 125009 55 Šilėnai 3 125600 21 Kybartai 1, 3, 4 124307 56 Šilutė 1, 3, 4 108709 22 Kirtimai 1, 3 120700 57 Švenčionėliai 1, 3, 4 128505 23 Klaipėda 1, 3, 4, 8, 12H 108003 58 Tauragė 1, 3, 4 106703 24 Kretinga 1, 3, 4 107809 59 Telšiai 1, 3, 4 107405 25 Kupiškis 1, 3, 4 127502 60 Tytuvėnai 1, 3, 4 106205 26 Kužiai 1 127004 61 Turmantas 1, 3, 4 129103 27 Lentvaris 1, 3 120908 62 Utena 1, 3 128702 28 Marijampolė 1, 3, 4 124006 63 Vaidotai 3, 12 121008 29 Matuizos 3 122208 64 Valčiūnai 3 120607 30 Mauručiai 1, 3 123200 65 Valkininkai 3 122301 31 Mažeikiai 1, 3, 4 126406 66 Varėna 1, 3, 4 121608 32 Mockava 1, 3 123304 67 Viduklė 1, 3, 4 122706 33 Naujoji Vilnia 1, 3 120402 68 Vievis 1, 3 122706 34 Pabradė 1, 3, 4 128401 69 Vilkaviškis 1, 3, 4 124203 35 Pagėgiai 1, 3, 4 107000 70 Vilnius 1, 3, 4, K 120005

Contractual signs for commercial transactions

Conventional Titles of works related to freight transport signs 1§ Acceptance and issue of cargo loaded in wagons allowed to be stored in the open areas of the station. 3§ Acceptance and delivery of wagonloads on customer access roads and non-public railway infrastructure. The consignor shall indicate in the consignment note after the name of the terminal: "Take to the owner's ...... access road" or "Take to a non-public loading bay ...... " (indicate the name of the person who owns the designated access road or non-public loading bay). 4§ Acceptance and issue of goods loaded in wagons to be stored in the station's covered warehouses. 7§ It is forbidden to accept and issue flammable cargoes at stations. 8§ Acceptance and delivery at stations of cargo loaded into large 20-foot containers (maximum gross weight 24 tons). 8H§ Acceptance and issue of cargo loaded in large containers of 20 feet in length (maximum gross weight 24 tons) on access roads (by processing the transport documents in accordance with the conditions of § 3). 10§ Receipt and delivery of cargo loaded into large containers (maximum gross weight 30 t) at stations. 10H§ Acceptance and issue of cargo loaded into large containers (maximum gross weight 30 t) on access roads (by processing the transport documents in accordance with the conditions of § 3). 11§ Acceptance and delivery at stations of cargo loaded into large 20-foot containers (maximum gross weight 41 t). 11H§ Acceptance and issue of cargo loaded into large containers of 20 feet in length (maximum gross weight 41 t) on access roads (by processing the transport documents in accordance with the conditions of § 3). 12§ Acceptance and delivery of cargo loaded into large containers (maximum gross weight 41 t) at stations. 12H§ Acceptance and issue of cargo loaded into large containers (maximum gross weight 41 t) on access roads (by processing the transport documents in accordance with the conditions of § 3). K Receipt and issue of goods loaded on ITU (intermodal transport unit excluding container) and MV (motor vehicle).

Annex No. 4 of Network Statement of Public Railway infrastructure for 2020-2021

4. Stations and stops where embarkation and disembarkation of passengers is permitted and the lengths of their platforms Platform length Station/stop Track (m) Akmenė At track I 60

Alytus At track 2 384 Alksnėnai At track I 105

Alksnėnai At track II 105 Alvitas At track I 137

Alvitas At track II 110 Bagotoji At track I 100

Bagotoji At track II 100 Baisogala At track 1 165

Baisogala Between tracks II and III 116 Bajorai At track II 138

Baltamiškis At the odd track 160 Baltamiškis at the even track 120

Bebruliškė At track I 156

Bezdonys At track I 117 Bezdonys Between tracks I and II 117

Bygailiai At track I 80 Būdviečiai At track I 155

Dotnuva At track II 153 Dotnuva Between tracks I and II 153

Dūkštas At track 1 180 Dūkštas Between tracks 2 and I 401

Durpynas At track I 105 Durpynas At track II 105

Platform length Station/stop Track (m) Dūseikiai At track I 105

Elektrodepas (N. Vilnia-Kena) At the odd track 120 Elektrodepas (N. Vilnia-Kena) at the even track 121

Elektrodepas (N. Vilnia-Turmantas) At the odd track 120 Elektrodepas (N. Vilnia-Turmantas) at the even track 120

Between tracks XI and Gaižiūnai 200 12 Garliava At track I 153

Between tracks II and Garliava 154 IIIEU Gerkonys 108

Gimbogala At track I 127 Gimbogala Between tracks I and II 127

Giruliai At track I 247

Giruliai Between tracks I and II 247 Gudžiūnai At track I 123

Gudžiūnai Between tracks I and II 123 Gustonys At track I 109

Ignalina At track I 344 Ignalina Between tracks 2 and I 249

Jašiūnai At track 3 150 Jiesia At track I 100

Jonava Between tracks I and II 301 Jonava At track 4 140

Joniškis At track 1 131 Joniškis Between tracks 1 and II 199

Juodšiliai At track IIIBK 120 Jūrė At track I 150

Between tracks II and Jūrė 150 IIIEU Kaišiadorys Between tracks I and II 206

Kaišiadorys At track III 332

Platform length Station/stop Track (m) Kalnėnai Between tracks 1 and II 106

Kalnėnai At track 1 160 Kalotė At track I 100

Kalotė Between tracks I and II 100 Between tracks IIIEU Kalvarija 150 and II

Kalviai 120 Karčiupis At track I 202

Karčiupis At track II 202 Kariotiškės At the odd track 179

Kariotiškės at the even track 120

Karsakiškis At track I 26 Kaugonys At track I 120

Kaugonys At track II 120 Kaunas Between tracks II and 3 460

Kaunas At track 11 128 Kaunas Between tracks I and 12 465

Kaunas Between 7EU and 8 EU 204 Kaunas At track 25A 132

Kazlų Rūda At track IB 150 Kazlų Rūda Between tracks II and 3 121

Kazlų Rūda Between tracks IV and 3 158 Between tracks VIIEU Kazlų Rūda 150 and 9EU

Kėdainiai At track 1 261 Kėdainiai Between tracks 1 and II 261

Kena At track 4 407 Kena Between tracks I and II 407

Kidarai 120 Kirtimai Between tracks I and 3 121

Kybartai At track I 498

Kybartai At track II 500

Platform length Station/stop Track (m) Kybartai Between tracks II and 6 465

Kyviškės At track 3 195 Klaipėda At track I 404

Klaipėda Between tracks I and II 360 Klepočiai 120

Kretinga At track 1 305

Kretinga Between tracks 1 and II 249 Kretingalė At track I 152

Kretingalė Between tracks I and II 146 Kukorai At track I 61

Kūlupėnai At track II 120 Kupiškis At track 1 100

Kuršėnai At track I 100 Kutiškiai At track II 105

Kutiškiai At track I 105 Kužiai At track 3 179

Kužiai Between tracks II and 4 178 Laba 128

Labučiai 84 Lazdėnai At the odd track 160

Lazdėnai at the even track 120 Lentvaris At track II 170

Lentvaris Between tracks 3 and I 163 Lentvaris Between tracks 4 and IV 169

Lentvaris Between tracks 7 and V 149

Lieplaukė At track 3 110 Livintai At track I 40

Lobiniai 100 Lukšiai At track I 122

Lukšiai At track II 122 Mankiškiai At track I 99

Platform length Station/stop Track (m) Mankiškiai At track II 99

Marcinkonys At track II 250 Marcinkonys Between tracks I and II 253

Marijampolė At track 1 173 Marijampolė Between tracks 1 and II 164

Between tracks IVEU Marijampolė 169 and 5EU Matuizos At track 4 264

Matuizos Between tracks 4 and I 247 Mauručiai At track IIIEU 35

Mauručiai Between tracks I and II 150

Mažeikiai At track I 176 Meškučiai At track 1 150

Meškuičiai At track 2 66 Mickūnai At the odd track 120

Mickūnai at the even track 120 Miliai At track I 150

Miškiniai 120 Mockava At track 3 166

Between tracks I and Mockava 166 IIEU Naujiena At track I 150

Between tracks VIA and Naujoji Vilnia (N. Vilnia-Kena) 175 VA Between tracks 4A and Naujoji Vilnia (N. Vilnia-Turmantas) 180 IIA

Naujoji Vilnia (N. Vilnia-Turmantas) Between tracks 21 and I 337 Airport 100

Pabališkiai At track I 155 Between tracks II and Pabališkiai 155 IIIEU

Pabradė At track 4 121 Pabradė Between tracks 2 and I 241

Platform length Station/stop Track (m) Pagėgiai At track 1 149

Pagiriai At track I 220 Pagiriai At track II 220

Pailgis 291 Pakenė At the odd track 120

Pakenė At the even track 120

Pakretuonė 100 Between tracks LIV and Palemonas 120 52 Between tracks LVI and Palemonas 263 58

Between tracks LV and Palemonas 120 LVI Pamerkiai 120

Pamieris At track I 110 Pamieris At track II 120

Panemunėlis At main track I 100 Paneriai At track 1 257

Paneriai Between tracks III and IV 256

Panevėžys At track 1 100 Panevėžys Between tracks 1 and II 101

Papilė At track I 126 Parudaminys 120

Pavenčiai Between tracks 1 and II 116 Pavenčiai At track 1 120

Pavilnys At the odd track 182 Pavilnys At the even track 183

Pažeimenė 120 Pilviškiai Between tracks I and II 145

Pilviškiai At track II 121 Plungė At track 1 216

Plungė Between tracks 1 and II 216

Platform length Station/stop Track (m) Pravieniškės Between tracks I and II 234

Pravieniškės At track II 231 Priekulė At track I 186

Radviliškis At track IV of MRC post 71 Radviliškis At track IIA of MRC post 64.7

Radviliškis Passenger yard at track I 512.3

Passenger yard between Radviliškis 302.5 tracks II and 6A

Radžiūnai 98 Raudėnai At track I 110

Rimkai Between tracks 3 and I 120

Rimkai At track 3 38 Rykantai At the odd track 160

Rykantai at the even track 120 Rokiškis At track 1 98

Rūdiškės At track 1 141 Rūdiškės Between tracks 1 and II 120

Santaka 128 Sausiai At the odd track 160

Sausiai At the even track 120 Senieji Trakai At track II 122

Senieji Trakai Between tracks 3 and I 120 Skapiškis At track 1 100

Skersabaliai 166 Sodai At track I 100

Sodai At track II 100 Stasylos At track 2 510

Stasylos Between tracks 2 and I 510

Stoniškiai Between tracks 2 and I 158 Stoniškiai At track 2 205

Subačius At track 1 219

Platform length Station/stop Track (m) Suvalkėliai At track I 150

Šateikiai At track 1 190 Šeduva At track 5 50

Šeduva Between tracks 2 and I 80 Šeštokai At track 7EU 214

Šeštokai At track 10 53

Šiauliai At track I 424 Šiauliai Between tracks II and 3 355

Šilainiai At track II 119 Šilainiai At track I 119

Šilėnai Between tracks I and II 180 Šilutė At track 1 171

Škleriai 120 Švenčionėliai At track 4 336

Švenčionėliai Between tracks 4 and I 336 Tarvainiai At track 2 116

Tauragė At track 1 253 Telšiai At track I 303

Telšiai Between tracks I and II 210 Terešiškės 120

Tindžiuliai 80 Tytuvėnai At track 5 82

Trakai At track I 120 Tryškiai At track I 120

Turgalaukis At track I 150

Turmantas At track 1 147 Turmantas Between tracks 2 and III 400

Utena At track 2 201 Vaidotai At track IID 30

Vaidotai At track IB 30 Vaidotai At track IIV 102

Platform length Station/stop Track (m) Between tracks IB and Vaidotai 171 312

Valčiūnai At track 4 150 Valkininkai Between tracks 2 and I 120

Valkininkai At track 2 119 Varėna At track 1 173

Varėna Between tracks 1 and II 173 Venta At track 5 30

Viduklė At track 2 136 Viekšniai At track 3 100

Vievis At track 4 130

Vievis Between tracks I and II 160 Vilkaviškis Between tracks I and IIB 137

Vilkaviškis At track IIIB 137 Vilkyčiai At track I 137

Vilnius At track 1 554 Vilnius Between tracks 3 and IV 490

Vilnius Between tracks 5 and 7 502 Vilnius Between tracks 7 and 9 604

Vilnius Between tracks 12 and X 529 Vinčai At track 2 150

Visaginas 439 Vokė At the odd track 160

Vokė At the even track 160 Voveriškiai At track I 24

Voveriškiai At track II 27 Zervynos 100

Žasliai Track 4 160

Žasliai Between tracks I and II 160 Žeimena 120

Žeimiai At track 3 145

Platform length Station/stop Track (m) Žeimiai Between tracks I and II 182

Note: The railway undertaking (carrier) wishing to carry longer train units than provided for in the applications for the allocation of public infrastructure capacity must ensure safe embarkation/disembarkation of passengers and carry out a risk evaluation and assessment (risk analysis) in compliance with the procedures laid down in Commission Implementing Regulation (EU) No 402/2013 of 30 April 2013 on the common safety method for risk evaluation and assessment and repealing Regulation (EC) No 352/2009.

Annex No.5 of Network Statement of Public Railway infrastructure for 2020-2021

5. List of ruling gradients

Ruling gradient, ‰

No. Section odd direction even direction Note

1. State border–Rokiškis– 13.3 13.7 Radviliškis

2. State border–Joniškis–Šiauliai 3.7 8.4 3. State border–Mažeikiai– 8.4 8.9 Bugeniai

5. Radviliškis–Mažeikiai–Bugeniai 8.4 8.9 6. Radviliškis–Klaipėda 9.7 8.1

7. Radviliškis-Pagėgiai–State 11.2 10.5 border (Sovetsk) 8. Radviliškis–Kaišiadorys 7.0 8.1

9. Klaipėda-Skuodas–State border 8.1 6.8 10. Pagėgiai–Klaipėda 4.5 6.3

11. Kaunas–Kybartai 5.4 5.0 12. Palemonas–Rokai–Jiesia 7.0 5.5

13. Palemonas–Gaižiūnai 5.2 5.9 14. Kazlų Rūda–Alytus 7.1 8.8

15. Kaunas–Vilnius 5.3 5.0 16. Vilnius-Stasylos–State border 12.3 7.9

17. Lentvaris-Marcinkonys–State 5.9 6.9 border 18. Vilnius-Kena–State border 10.4 9.2

19. Vilnius-Turmantas–State border 6.5 6.1 20. Vaidotai–Paneriai track G 5.0 0.0 3+805,7 - 6+628,8 km (from Vaidotai Station switch No.407K

to Paneriai Station switch No.12K) 21. Vaidotai–Paneriai tracks I and D 4.7 5.9 0+000 - 7+196,4 km (from Vaidotai EC control post axle to Paneriai Station switch No.2K)

22. Vaidotai–Paneriai tracks II and L 5.8 4.8 0+000 - 6+769,2 km (from Vaidotai EC control post axle to Paneriai Sation switch No.8K)

23. Vaidotai–Valčiūnai I, LVR, 0.3 12.1 Valčiūnai station track III 0+000 – 4+986,0 km (from Vaidotai Station EC control post to Valčiūnai Station switch No.8) 24. Vaidotai–Valčiūnai II, LR and 7.9 - tracks 0+000 – 4+010,0 km (from Vaidotai Station EC control post to Valčiūnai Station switch No.25K) 25. Vaidotai–Valčiūnai V, LNR 7.8 0.1 0+224.2 – 3+797,7 km (from Vaidotai Station switch No.90K to Valčiūnai Station switch No.29K) 26. Švenčionėliai –Utena 2.7 7.3

27. Senieji Trakai – Trakai 0.6 7.5

28. Valčiūnai–Kyviškės 7.0 5.7

Annex No. 6 of Network Statement of Public Railway infrastructure for 2020-2021

6. Location of alarm systems in the railway network

Annex No. 7 of Network Statement of Public Railway infrastructure for 2020-2021

7. Layout of ARSCS posts

WF (*) Sleeper FRSS 1 (*) FRSS 2 (*) Sensor 1 Sensor 2 Section between stations Functions (*) track centre ordinate ordinate ordinate ordinate ordinate ordinate

Kaišiadorys – Radviliškis – Klaipėda

1) Gaižiūnai – Jonava AT-WT - 93+801 92+299 95+300 93+740 93+860 -

2) Šilainiai – Kėdainiai AT-WT - 124+702 123+226 126+227 124+665 124+785 -

I 3) Dotnuva – Gudžiūnai AT-WT 149+497 148+013 151+013 149+455 149+575 - II

4) Gimbogala – Radviliškis AT-WT-WF - 183+701 182+192 185+204 183+632 183+752 183+683

I 199+010 5) Radviliškis – Šilėnai AT-WT 197+300 195+748 197+240 197+360 - II 198+800

I 6) Šiauliai – Kužiai AT-WT 219+878 218+375 221+375 217+815 217+935 - II

7) Raudėnai – Tryškiai AT-WT - 256+270 254+770 257+770 256+210 256+330 -

8) Telšiai – Lieplaukė AT-WT I 287+813 286+313 289+313 287+752 287+874 -

WF (*) Sleeper FRSS 1 (*) FRSS 2 (*) Sensor 1 Sensor 2 Section between stations Functions (*) track centre ordinate ordinate ordinate ordinate ordinate ordinate

II 289+313 286+313 287+874 287+752

9) Plungė – Šateikiai AT-WT - 318+320 316+865 319+836 318+275 318+395 -

10) Kūlupėnai – Kretinga AT-WT - 349+481 347+874 350+976 349+415 349+535 -

11) Giruliai – Pauostis AT-WT-WF - 372+000 - - 371+940 372+060 371+989

Kena – Kybartai

I 12) Kyviškės – Valčiūnai AT-WT 18+085 16+240 19+582 18+0291 18+141 - II

I 33+200 13) Lentvaris – Vievis AT-WT 31+700 30+020 31+650 31+750 - II 33+350

I 61+850 60+342 61+785 61+905 61+862 14) Žasliai – Kaišiadorys AT-WT-WF 63+487 II 61+850 60+342 61+783 61+903 61+860

I 15) Pravieniškės – Palemonas AT-WT 21+300 19+789 22+815 21+240 21+360 - II

I 16) Mauručiai – Kazlų Rūda AT-WT 61+890 60+390 63+390 61+830 61+950 - II

I 17) Kazlų Rūda – Pilviškiai AT-WT 84+323 82+700 85+823 84+263 84+383 - II

WF (*) Sleeper FRSS 1 (*) FRSS 2 (*) Sensor 1 Sensor 2 Section between stations Functions (*) track centre ordinate ordinate ordinate ordinate ordinate ordinate

I 118+827 117+210 18) Vilkaviškis – Kybartai AT-WT-WF 117+277 115+788 117+337 117+285 II 118+824 117+215

Kužiai – Bugeniai

19) Papilė – Akmenė AT-WT - 32+100 30+610 33+610 32+040 32+160 -

20) Mažeikiai – Venta AT-WT - 67+880 66+380 69+380 67+820 67+940 -

Šiauliai – Joniškis – state border and Klaipėda – Pagėgiai

21) Gubernija – Meškuičiai AT-WT - 14+600 13+200 16+000 14+540 14+660 -

22) Joniškis – state border AT-WT-WF - 52+910 51+510 54+310 52+850 52+970 52+919

23) Rimkai – Vilkyčiai AT-WT-WF - 15+102 13+702 16+502 15+042 15+162 15+090

24) Vilkyčiai – Šilutė AT-WT - 44+283 42+883 45+683 44+232 44+343 -

Kazlų Rūda – Mockava, Lentvaris – Marcinkonys, Vilnius – Stasylos – state border, Kena – state border

25) Marijampolė – Kalvarija AT-WT - 28+504 26+800 29+950 28+458 28+568 -

26) Rūdiškės – Valkininkai AT-WT - 30+003 28+503 31+403 29+943 30+063 -

27) Valčiūnai – Jašiūnai AT-WT - 21+100 19+700 22+510 21+040 21+160 -

28) Stasylos – state border AT-WT-WF - 48+901 47+500 - 48+841 48+976 48+895

29) Kena – state border AT-WT-WF - 33+774 32+270 - 33+714 33+834 33+754

Radviliškis – Pagėgiai – state border

WF (*) Sleeper FRSS 1 (*) FRSS 2 (*) Sensor 1 Sensor 2 Section between stations Functions (*) track centre ordinate ordinate ordinate ordinate ordinate ordinate

30) Jonaitiškiai – Tytuvėnai AT-WT - 34+505 33+105 35+905 34+445 34+565 -

31) Viduklė – Tauragė AT-WT - 74+489 73+089 76+350 74+429 74+549 -

32) Viduklė – Tauragė AT-WT - 102+500 101+100 103+959 102+440 102+560 -

33) Tauragė – Pagėgiai AT-WT - 137+150 135+750 139+000 137+095 137+210 -

Radviliškis – Rokiškis – state border

34) Radviliškis – Šeduva AT-WT - 11+168 9+768 12+588 11+108 11+228 -

35) Gustonys – Panevėžys AT-WT - 47+195 45+780 48+595 47+135 47+255 -

36) Subačius – Kupiškis AT-WT - 88+640 86+950 90+250 88+582 88+698 -

37) Skapiškis – Rokiškis AT-WT - 125+108 123+708 126+508 125+048 125+168 -

38) Rokiškis – state border AT-WT-WF - 158+500 157+100 160+002 158+440 158+560 158+489

N.Vilnia – Turmantas

39) Bezdonys – Pabradė AT-WT - 31+650 30+250 33+050 31+590 31+710 -

40) Pabradė – Švenčionėliai AT-WT - 60+950 59+300 62+405 60+890 61+010 -

41) Ignalina – Dūkštas AT-WT - 97+330 95+930 98+900 97+270 97+390 -

42) Dūkštas – Turmantas AT-WT-WF - 126+002 124+602 127+402 125+942 126+062 125+995

Explanations (*): AT – ARSCS subsystem controlling the temperature of axle boxes and axle necks in rolling stock; WT – ARSCS subsystem controlling the temperature of wheels in rolling stock;

WF – ARSCS subsystem controlling the force by which the wheels impact the rails; FRSS – faulty rolling stock signal: white light in “V” shape warning about faulty rolling stock in the train unit.

Annex No. 8 of Network Statement of Public Railway infrastructure for 2020-2021

8. Locations of automatic gauge control

AGC point of installation Which direction trains are checked A station with AGC control Sidetrack Kilometre Kėdainiai – Dotnuva 131+974 km even Kėdainiai Žeimiai – Lukšiai 113+566 km odd Šilainiai Kaunas – Jiesia 40+713 km even Kaunas Kaunas - Palemonas 34+423 km odd Kaunas Pravieniškės – 22+205 km odd Palemonas Palemonas Kalnėnai – Palemonas 21+850 km odd Palemonas Šiauliai – Kužiai 222+500 km odd Kužiai Dūseikiai – BP278 272+470 km even Dūseikiai Raudėnai – Tryškiai 256+720 km odd Tryškiai Pavenčiai – BP248 242+180 km even Pavenčiai Viduklė – Tauragė 109+014 km odd Tauragė Tauragė – Pagėgiai 140+311 km odd Pagėgiai Pagėgiai – Stoniškiai 84+006 km odd Pagėgiai

Annex No. 9 of the Network Statement of Public Railway Infrastructure for 2020-2021

9. Description of the procedure of evaluation of applications for allocation of public railways capacity, last-minute applications and late applications; drafting of working timetable and coordination of applications for allocation of public railways capacity; and reservation of public railway infrastructure capacity for the performance of the works of public railway infrastructure construction, repair and (ar) maintenance

Contents 1. General provisions ...... 67 2. Submission of applications for allocation of public railway infrastructure capacity ...... 67 3. Evaluation of applications for allocation of public railway infrastructure capacity ...... 67 4. Establishment of preliminary train paths for international trains……………………………………………………………68 5. Preparation and presentation of the draft official train schedule to interested parties ...... 68 6. Evaluation of comments and suggestions on draft extracts from the working timetable………………………………………………………………………………………...... 68 7. Coordination of public railway infrastructure capacity ...... 69 8. Publication of part of the public railway infrastructure as congested …………………………...... 71 9. Pre-use of the requested public railway infrastructure capacity for which part of the public railway infrastructure has been declared congested...... 72 10. Application of the priority rules laid down in the Order to applicants who are prepared to use the requested capacity …………………………………………………………………………………………………………………………….74 11. Preparation of official train timetable …………………………………………………………………………...... 80

12. Evaluation of last minute applications and decision on the allocation or non-allocation of public railway infrastructure capacity …………………………………………………………………………...... 80

13. Abandonment of dedicated railway infrastructure capacity …………………………………………………………………81

14. Final arrangements …………………………………………………………………………...... 81

1. General provisions

1.1. The description of the procedure of evaluation of applications for allocation of public railway infrastructure capacity, last-minute applications and late applications, drafting of the working timetable and coordination of applications for allocation of public railway infrastructure capacity (hereinafter referred to as the Description) determines the procedure for submission of applications for allocation of public railway infrastructure capacity, last-minute applications and late applications, their evaluation, technical evaluation and coordination; the drafting and provision of the working timetable and its draft; the reservation of public railway infrastructure capacity for the performance of the works of construction, repair and/or maintenance of public railway infrastructure; the establishment of preliminary traffic routes for international trains; the procedure of making of decisions to allocate capacity or not to allocate capacity; and the procedure of relinquishment of the allocated public railway infrastructure capacity. 1.2. Other terms used in the Description shall be understood as defined in the Railway Code of the Republic of Lithuania and the Law on Railway Traffic Safety of the Republic of Lithuania.

2. Submission of applications for allocation of public railway infrastructure capacity

1.1. The application form for the allocation of public railway infrastructure capacity completed in Excel format and the list of documents attached thereto shall be submitted to the public railway infrastructure manager by e-mail. E-mail: [email protected] or, if for objective reasons it is not possible to submit the application form for the allocation of public railway infrastructure capacity by e-mail, it must be submitted in electronic form to the address: Geležinkelio str. 2, LT-02100, Vilnius at least 8 months before the official train schedule enters into force. The application form for the allocation of public railway infrastructure capacity shall be published in Excel format on the website of the public railway infrastructure manager, and the list of documents attached thereto is provided in Annex 9 to the Network Statement. 2.2. If there is a framework agreement made between the Applicant and the Public Railway Infrastructure Manager, applications shall be submitted according to its conditions. 2.3. Applicants shall have the right to submit applications for allocation of public railway infrastructure capacity in more than one Member State of the European Union or in more than one participant of the European Economic Area (hereinafter referred to as the EU Member State) to the Public Railway Infrastructure Manager, who shall act on behalf of the applicants and apply to the railway infrastructure managers or the authorities allocating capacity of another Member States. Within 3 (three) business days, the Public Railway Infrastructure Manager shall forward the received applications to the railway infrastructure managers or the authorities allocating capacity of another Member States of the European Union, the capacity of the public railway infrastructure of which is being requested. 2.4. For capacity on more than one railway network, applicants may apply directly to a subject which is a joint entity set up by railway infrastructure managers or the authorities allocating capacity, or a single railway infrastructure manager which operates the requested train traffic route. In this case the railway infrastructure managers, the capacity of the public railway infrastructure of which is being requested, shall coordinate the parameters of the offered capacity and forward the proposal to the joint entity, which then provide it to the applicant. 2.5. The application form in Excel format is published in the https://ltginfra.lt/en/kiti- dokumentai section of the website of the public railway infrastructure manager, and the list of documents attached to it is provided in Annex 1 to the Description.

3. Evaluation of applications for allocation of public railway infrastructure capacity

3.1. The Public Railway Infrastructure Manager, having established that an application does not contain all the required data and/or not all required documents have been provided, or the copies thereof have not been certified in accordance with the procedure established by the legal acts regulating

68 the certification of copies, shall notify the applicant on the established deficiencies within 5 business days from the receipt of the application for allocation of public railway infrastructure capacity, and shall set a time limit of at least 10 business days for remedying the identified deficiencies. 3.2. The Public Railway Infrastructure Manager shall make a decision to refuse to evaluate an application for allocation of public railway infrastructure capacity if the application does not contain all the required data and/or not all required documents have been provided, or the copies thereof have not been certified in accordance with the procedure established by the legal acts regulating the certification of copies, or the applicant has not removed the deficiencies before the deadline set by the Public Railway Infrastructure Manager. 3.3. The public railway infrastructure manager shall inform the applicant in writing or by electronic means within 2 (two) working days about the decision to refuse to examine the application for allocation of public railway infrastructure capacity, if the applicant has not followed the procedure set out in items 3.1 and 3.2 of the Description. 3.4. The application for the allocation of public railway infrastructure capacity and the documents submitted with it, if they were submitted in writing, not by electronic means, shall be returned to the applicant within 5 (five) working days from the decision of the public railway infrastructure manager to refuse to assess the application. 3.5. Upon receipt of an application for the allocation of public railway infrastructure capacity, the public railway infrastructure manager shall apply for the use of the public railway infrastructure no later than within 20 (twenty) working days from the date of receipt of this application in the cases and procedures specified in Article 13 (1) and (2) of the Law on verification of the compatibility of the infrastructure contract with national security interests. The public railway infrastructure manager undertakes to inform the railway undertaking (carrier) or repair undertaking in writing or by electronic means not later than within 3 (three) working days from the date of verification of the compliance of the contract for the use of public railway infrastructure with national security interests, indicating such request. the date of application and the legal basis, respectively, about the decision made in accordance with the procedure established by the Law on the Protection of Objects Important for National Security to inform the railway undertaking (carrier) or repair undertaking not later than within 2 working days from the date of receipt of such decision . 4. Establishment of preliminary train paths for international trains 4.1. The public railway infrastructure manager shall, not later than 11 (eleven) months before the entry into force of the working timetable, in coordination with the railway infrastructure managers or infrastructure allocation bodies of other Member States of the European Union, establish preliminary train paths for international trains running in 2010. September 22 Regulation (EU) No 182/2011 of the European Parliament and of the Council 913/2010 on a European rail network for competitive freight, as last amended in 2013 December 11 Regulation (EU) No 182/2011 of the European Parliament and of the Council 1316/2013 (hereinafter - the Regulation), the specified freight corridor in the territory of the Republic of Lithuania. 4.2. Preliminary train paths assigned to the freight corridor "North Sea-Baltic Sea" are publicly announced here. 5. Preparation and presentation of the draft official train schedule to interested parties 5.1. The public railway infrastructure manager shall, not later than 5 (five) months prior to the entry into force of the working timetable, prepare a draft working timetable in accordance with the procedure set out in Annex 2 to the Description and provide interested parties with relevant extracts for comments and suggestions on these extracts.

6. Evaluation of comments and suggestions on draft extracts from the working timetable 6.1. Interested parties who have received the relevant extracts from the draft working timetable may submit their comments and suggestions on the extracts from the draft working timetable submitted within one month of receipt of these extracts. 6.2. Stakeholders' comments and suggestions on extracts from the draft train schedule shall be submitted to the public infrastructure manager by e-mail. email [email protected] .

6.3. The public infrastructure manager, having received comments and suggestions from interested parties on extracts from the draft working timetable, shall begin their assessment and: 6.3.1. in order to ensure that the comments and suggestions submitted are assessed in the interests of the interested parties Description 7.2. consult those interested parties who have submitted comments and suggestions in accordance with the procedure set out in subparagraph; 6.3.2. evaluates the comments and suggestions received; 6.3.3. Having determined that these comments and suggestions can be accepted in the light of the results of the evaluation of the applications, no later than 1 month in advance. until the decision to allocate public railway infrastructure capacity or not to allocate it within the deadline specified in Description 9.1. in the light of these comments and suggestions, revise the draft working timetable; 6.3.4. if it finds that there is a disagreement between the interested parties regarding the allocation of the same public railway infrastructure capacity in one part of the public railway infrastructure, it shall start the coordination of the public railway infrastructure capacity in accordance with the procedure provided for in Chapter 7 of the Description. 7. Coordination of public railway infrastructure capacity 7.1. When preparing the draft trains schedule, the public railway infrastructure manager shall endeavour to align all applications for the allocation of public railway infrastructure capacity, including applications for the same public railway infrastructure capacity. The public railway infrastructure manager shall have the right to offer to the applicant other available public railway infrastructure capacity (different train departure times on the same route) than those requested in the application for allocation of public railway infrastructure capacity, without changing the departure and arrival locations specified in this application. 7.2. The public infrastructure manager shall involve in the process of consultation and coordination of applications for the same public infrastructure capacity (hereinafter "coordination") all applicants and / or undertakings referred to in Article 28 (3) of the Code who have requested or requested public infrastructure capacity in the relevant part. in the alternative part of the public railway infrastructure (hereinafter referred to as "invited applicants"). 7.3. The public railway infrastructure manager shall, not later than within 5 (five) working days after the deadline for submission of comments and proposals, inform the invited applicants in writing or by electronic means about the commencement of consultations by organizing a meeting of these invited applicants and provide the necessary information on: 7.3.1. the capacity of the public railway infrastructure requested by other invited applicants to operate on the same route, indicating the nature of the activities carried out by each invited applicant (passenger, baggage on domestic routes, international carriage of passengers, baggage, domestic freight, international and etc.), initial station of departure, periodicity and departure times; 7.3.2. the tentative allocation of public railway infrastructure capacity to invited applicants in application of the priority rule; 7.3.3. alternative public railway infrastructure capacity offered to invited applicants in place of the public railway infrastructure capacity indicated in their applications, without changing the points of arrival and departure of the train specified in the application for public railway infrastructure capacity (alternative route, next train departure time); 7.3.4. the procedure for the allocation of public railway infrastructure capacity in the coordination of applications (basic principles, dates, consequences if invited applicants refuse to participate in the coordination), the priority rule. 7.3.5. inform the invited applicants of the date, place and time of the consultation meeting. 7.4. The information from Clause 7.3 of the Description shall be provided to invited applicants without disclosing the identity of the invited applicants who have applied for the same public railway infrastructure capacity, unless the invited applicants agree in writing to be identified.

7.5. Invited applicants invited to consult in accordance with point 7.3 of the Inventory shall inform the public infrastructure manager in writing or electronically of the consultation meeting, no later than 3 (three) working days after receipt of this invitation, or by electronic means, or agree to participate in the consultation meeting. 7.6. The public infrastructure manager may invite the railway market regulator to attend the consultation meeting as an observer; 7.7. During the consultation meeting with the invited applicants participating in the consultation: 7.7.1. the public infrastructure manager asks to indicate whether the invited applicants participating in the consultation agree with the alternative public railway infrastructure capacity offered to them in point 7.3.3 of the Description; 7.7.2. if during the meeting for consultation with the invited applicants the public infrastructure manager does not have to offer alternative public railway infrastructure capacity according to Clause 7.3.3 of the Description or the invited applicants do not agree with the alternative public railway infrastructure capacity proposed in Clause 7.3.3 of the Description . 7.8. If the invited applicants do not respond or do not agree to attend the meeting for consultations with the invited applicants within the term specified in clause 7.5 of the Description, the public railway infrastructure manager shall inform the invited parties in writing or by electronic means no later than 2 (two) working days after the deadline specified in clause 7.5. applicants about the commencement of the coordination by organizing a meeting of these invited applicants and about the day, place and time of the meeting on the coordination and sets a deadline of not more than 1 (one) working day for submitting a response on participation 7.9. The Public Railway Infrastructure Manager must complete the coordination with the invited applicants no later than 10 (ten) working days after the expiry of the term specified in Clause 9.1 of the Description (ie not later than 2 October 2020). 7.10. During the coordination, the public railway infrastructure manager shall: 7.10.1. asks whether the invited applicants would agree to a reduction in the frequency of the trains indicated in the invited applicants' applications for public railway infrastructure capacity; 7.10.2. asks whether the invited applicants would agree to waive part of the public infrastructure capacity requested in the public applicants 'requests for public railway infrastructure capacity and to indicate which public railway infrastructure capacity they specifically would have agreed to waive in the public applicants' requests for public railway infrastructure capacity; 7.10.3. if the invited applicants are found to be requesting the same public infrastructure capacity in respect of themselves, the public infrastructure manager shall request to indicate which of the invited applicants' requests for public infrastructure capacity are in conflict with the requested public infrastructure capacity. . 7.11. During the coordination, the public infrastructure manager shall, if possible, take into account, in accordance with the procedure set out in Annex 4 to the Description, the economic impact of the applicants on their passenger, luggage and / or freight transport activities if the requested public infrastructure capacity is not allocated. 7.12. Invited applicants participating in the coordination shall inform the public infrastructure manager whether, in accordance with the information specified in clauses 7.10.1- 7.10.3 of the Description, they agree to abandon the coordinated public railway infrastructure capacity and / or agree to reduce the trains specified in the invited applicants' applications for public infrastructure capacity. , periodicity or change it; 7.13. If at least one of the invited applicants participating in the coordination does not respond or does not agree to attend the coordination meeting with the invited applicants within the term specified in clause 7.8 of the Description, the coordination of applications for the same public railway infrastructure capacity shall be considered completed;

7.14. If at least one of the invited applicants involved in the coordination does not agree to abandon the harmonized public infrastructure capacity and / or does not agree to reduce or change the frequency of the trains specified in the invited applicants' applications for public infrastructure capacity, the coordination of the same public infrastructure capacity shall be considered. finished. 7.15. The public railway infrastructure manager shall immediately, but not later than within 3 (three) working days after the meeting provided for in Clause 7.5 of the Description, inform the applicants who participated in the coordination about the end of the coordination in writing or by electronic means. 7.16. If at least one of the applicants agrees to abandon the coordinated public infrastructure capacity and / or to reduce or change the frequency of the trains specified in the applicant's application for public infrastructure capacity, the public infrastructure manager shall: 7.16.1. During the meeting, the Public Railway Infrastructure Manager shall offer to the applicants participating in the coordination other periodicities and/or departure times of trains than those specified in the applicant's application for public railway infrastructure capacity, according to the information specified in Clauses 7.10.1–7.10.3; 7.16.2. If one of the applicants involved in the coordination does not agree with the train frequencies and / or departure times offered to them other than those specified in the applicant's application for public railway infrastructure capacity and the public infrastructure manager is unable to offer trains other than those specified in the applicant's application. the capacity, periodicity and / or departure times of the public railway infrastructure shall be deemed to be completed; 7.16.3. If the applicants involved in the conciliation succeed in reaching a mutually acceptable solution during the conciliation, the conciliation shall be deemed to be completed; 7.16.4. The public infrastructure manager shall, within 2 (two) working days of the completion of the coordination, draw up the results of the meeting in the minutes and shall draw up a final draft working timetable for the train schedule without delay, but no later than the following working day, in writing or by electronic means. 7.17. Disputes arising from the coordination of applications for the allocation of the same public railway infrastructure capacity shall be settled in accordance with the procedure set out in Chapter 4.4.3 of the Network Statement. 8. Publication of part of the public railway infrastructure as congested 8.1. If the public railway infrastructure manager after the coordination of applications cannot satisfy all applications in one part of the public railway infrastructure because the capacity of the public railway infrastructure in that part of the public railway infrastructure is insufficient, not later than within 5 (five) working days from the day when the public railway infrastructure part of the congestion, the congested part of the public railway infrastructure shall be published by the public railway infrastructure manager on the Internet in the https://ltginfra.lt/en/perpildyta-gelezinkeliu- infrastrukturos-dalis section of the page. The congested public railway infrastructure may also be declared as part of the public railway infrastructure which can reasonably be expected to be congested in the near future. 8.2. After publication that the part of the public railway infrastructure is congested: 8.2.1. the public railway infrastructure manager shall perform the analysis of public railway infrastructure capacity in accordance with the procedure and terms established in Article 294 of the Railway Transport Code of the Republic of Lithuania, publish the results in the section https://ltginfra.lt/en/kiti-dokumentai of the public railway infrastructure manager's website and prepare the public railway infrastructure capacity increase plan in the section https://ltginfra.lt/en/kiti- dokumentai of the manager's website; 8.2.2. the Public Railway Infrastructure Manager shall allocate the capacity of the public railway infrastructure in the congested part of the public railway infrastructure in accordance with the priority rules established by the order of the Minister of Transport and Communications.

9. Pre-use of the requested public railway infrastructure capacity for which part of the public railway infrastructure has been declared congested 9.1. The public railway infrastructure manager shall, no later than 2 (two) working days after the public infrastructure is declared congested, start preparing for the use of the requested public railway infrastructure capacity for which the public railway infrastructure has been declared congested (hereinafter referred to as 'the requested capacity') and shall inform the applicants and/or undertakings referred to in Article 28(3) of the Code in writing or by electronic means of communication , who have requested the public infrastructure capacity in the congested part of the public railway infrastructure (hereinafter referred to as 'applicants') and request them to complete, no later than 5 (five)working days, the attached table on the capacity requested for use (Annex 1) with the information necessary for the assessment: 9.1.1. of the traction units held (planned to be used) owned or operated (planned to be operated) on other legitimate grounds, which will carry out shipments using the capacity requested (indicating the number, series and number of traction units, the number of hours moto, the number of hours available to the traction vehicle concerned without technical maintenance and the addition of the authorisation to open rolling stock in the Republic of Lithuania and the document confirming their ownership or management on other legitimate grounds copies); 9.1.2. on staff whose work is directly linked to rail traffic (indicating the number of train drivers employed or used on other legitimate grounds (to be employed or used on other legitimate grounds) plus copies of their train drivers' certificates and train drivers' certificates, as well as the names of other natural persons directly involved in rail traffic, the number of such natural persons employed or planned to be employed and accompanied by the number of natural persons they hold , copies of certificates directly related to rail traffic (in cases where the applicant has not recruited train drivers and other natural persons directly involved in rail traffic but plans to do so, the table on the capacity requested to use the requested capacity must contain documentation to support that, before the capacity requested is used, this table shows train drivers and other staff directly involved in rail traffic , will be recruited or used on other legitimate grounds);1 9.1.3. of contractual obligations concerning the services of passengers, baggage or goods by rail and the pursuit of activities related to the provision of these services using the requested capacity (by means of a copy of the contract or other document accepting obligations for the operation of passenger, baggage or rail freight activities using the capacity requested). 9.2. Applicants must, when submitting the data referred to in points 9.1.1 to 9.1.3 of the Inventory, justify the compliance of these data with the criteria set out in point 9.7 of the Inventory) (providing additional information, including, but not limited to, information on its technology for the organisation of rail transport, including the arrival and departure of a train at a railway station, the preparation of documents necessary for the train running, the establishment of a set-up, the carrying out of technical and commercial (if possible) inspections, the uncoupling and coupling of wagons, the provision of a description of the work and the organisation of rest of train drivers and other natural persons whose work is directly linked to rail traffic).

______1workers directly involved in rail traffic shall be understood as defined in the description of the knowledge verification of natural persons wishing to work directly or indirectly in connection with rail traffic, approved by Order No V-29 of the State Railway Inspectorate under the Ministry of Transport of 14 October 2004 on the approval of a description of the knowledge verification procedure for natural persons wishing to work directly or indirectly in connection with rail traffic 9.3. Applicants must inform workers, whose work is directly linked to rail traffic, other private persons to be employed or used on other legitimate grounds, or to be used on other legitimate grounds, the personal data referred to in point 9.1.2 of the Inventory transmitted by applicants to the public railway infrastructure manager and the processing of personal data by the public infrastructure manager in accordance with Regulation (EU) 2016/679 of the European

Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 94/46/EC (General Data Protection Regulation). Applicants must, at the request of the public infrastructure manager, provide evidence of the information referred to in this point of the Inventory. 9.4. Applicants must provide the completed table on the capacity requested for use and copies of the accompanying documents referred to in points 9.1.1 to 9.1.3 and 9.2 of the Inventory, in writing or by electronic means, no later than 5 (five) working days from the date of receipt of the request referred to in point 9.1 of the Inventory. 9.5. The public infrastructure manager shall, on receipt from the applicant, a table on the capacity requested for use and copies of documents submittedwithin1 (one) working day at the latest , whether the table on the capacity requested for recovery contains all the data and copies of all relevant documents. 9.6. The public infrastructure manager, after carrying out the assessment referred to in point 9.4 of the Inventory and finding that the applicant has not identified all the necessary data in the completed table on the capacity requested for use and/or has not provided all the necessary documentation, shall inform the applicant of the deficiencies detected in writing or by electronic means within 1 (one) working day of receipt of this information and set a time limit of at least 3 (three) working days to address the deficiencies detected. 9.7 The public infrastructure manager shall, after carrying out the assessment set out in point 9.5 of the Inventory and find that the applicant has provided all the necessary data and/or all relevant documentation in the completed table on the capacity requested for use and/or has provided all relevant documentation,and hasrectified the deficiencies identified in accordance with point 9.6 of the Inventory, and shall carry out an assessment within 3 (three) working days at the latest on the following working day following this identification or correction: 9.7.1. in the table completed by the applicant, the traction units indicated in the table for the preparation for use of the requested capacity have valid authorisations to start-up of rolling stock in the Republic of Lithuania and documents certifying that these rolling stock is or will be owned or will be used on other legitimate grounds by the applicant using the requested capacity; 9.7.2. the traction rolling stock indicated in the table completed by the applicant on the capacity requested for use is sufficient to ensure that the number of working hours used for the capacity requested does not exceed the number of working hours in accordance with the moto hours without maintenance specified in this table; 9.7.3. train drivers are in possession of valid train driving licences and train driving certificates in the table completed by the applicant on the capacity requested for use, and staff whose work is directly linked to rail traffic are valid certificates for natural persons whose work is directly linked to rail traffic; 9.7.4. In the table completed by the applicant concerning the capacity requested for use, the specified train drivers and other employees whose work is directly related to rail traffic are sufficient to comply with the requirements of their working and rest time established in the description of the characteristics of working time and rest time in the fields of economic activity approved by Resolution No. 496 "On the Implementation of the Republic of Lithuania Labour Code" of 21 June 2017, using the capacity requested; 9.7.5. a copy of the contract or other document provided by the applicant for commitments for the provision of passenger, baggage or rail freight services and the operation of activities related to the provision of these services using the capacity requested, confirms that the applicant will fulfil these obligations using the capacity requested; 9.7.6 The justification, description or other information provided by the applicant in accordance with point 9.2 of the Inventory is sufficient to justify the applicant's compliance with the criterion(s) specified by the public railway infrastructure manager.

9.8. The public infrastructure manager shall be deemed to be prepared to use the requested capacity after carrying out the assessment and after having determined that the applicant meets all the criteria referred to in points 9.6.1 to 9.6.6 of the Inventory and shall inform the applicant assessedby writing or electronic means no later than the following workingday. 9.9. The public infrastructure manager who has carried out the assessment and finds that the applicant does not meet any of the criteria referred to in points 9.6.1 to 9.6.6 of the Inventory, such applicant shall be deemed not to be prepared to use the requested capacity and shall decide within 2 (two) working days at the latest that the rules on priority for the allocation of public infrastructure capacity in the congested part of the public railway infrastructure (hereinafter referred to as 'priority rules') laid down in the Order will not be applied in writing or electronic means and shall inform the assessed applicant thereof. 9.10. Where the public infrastructure manager finds, in the case set out in point 9.8 of the Inventory, that the applicant assessed is prepared to use the requested capacity, shall, in accordance with the order of priority rule ranking and in accordance with the procedure laid down in the Description section, adapt the priority rules to these applicants by the time limit specified in point 12.1 of the Inventory and inform the applicants against which this application has been made in writing or electronic means of communication. 9.11. The decision of the public infrastructure Inventory Manager referred to in point 9.9 of the inventory shall also be taken where the applicant does not respond to a request from the public infrastructure manager within the time limit set in point 9.1 of the Inventory or does not remedy the deficiencies identified by the public infrastructure manager within the time limit set in point 9.6 of the Inventory. The decision of the public infrastructure manager referred to in this point of the Inventory shall be taken and communicated in writing or by electronic means no later than 2 (two) working days after the expiry of the time limit set by the public infrastructure manager in the cases set out in points 9.1 or 9.6 of the Inventory. 10. Application of the priority rules laid down in the Order to applicants who are prepared to use the requested capacity 10.1. The public infrastructure manager shall prioritise the rules set out in Order 1.2, 1.3, In accordance with the procedure set out in Chapter 9 of the Inventory, applicants shall, in accordance with the procedure laid down in Chapter 9 of the Inventory, assess the capacity requested in respect of their compliance with the facts as corroborated by the data provided in their applications for public railway infrastructure capacity and the documents set out in Annex 1 to the Inventory submitted to these applications for the capacity of the public railway infrastructure. 10.2. For the public railway infrastructure manager, the application of priority rules in accordance with the procedure laid down in point 10.1 of the that applicants are to be subject to the priority rule referred to in point 1.5 of the Order, the public infrastructure manager shall inform the applicants to whom this rule will apply and request them to complete the attached table (Annex 2) no later than 2 (two) working days from the date of receipt of this information, by providing the public railway infrastructure manager with the data on the type of traction necessary for assessment. 10.3. For the public railway infrastructure manager, the application of the priority rules in accordance with the procedure set out in point 10.1 of the Inventory and the determination of the priority rule referred to in paragraph 2.7 of the Order shall apply to applicants, the public infrastructure manager shall inform the applicants to whom this Rule will apply within 1 (one) working day and shall indicate, no later than 2 (two) working days after receipt of this information, a table attached (Annex No 3) containing the data necessary for assessment to the public railway infrastructure manager of the train weight (net) indicated for the capacity requested, the type of traction and information on the type of cargo to be transported using the requested capacity by segments of the rail freight market, the list of which was established before Resolution No. 356 of the Government ofthe Republic of Lithuania of April 2020on Resolution No. 610 of the Government of the Republic of Lithuania of 19 May 2004 on the calculation and publication of the Remuneration for the Minimum Package of Access the Annexto the Annex to the Rules for calculating and publishing the calculation and publication of the minimum access package payment, the calculation and payment rules applicable to the calculation and publication of the minimum access package, the calculation

75 and payment rules for the amount of the remuneration paid by the railway undertaking/carrier concerned (hereinafter referred to as the 'Pay Rules') on the date of entry into force of the minimum access package; 10.4. The public infrastructure manager, having received the information referred to in points 10.2 and/or 10.3 of the Inventory and having determined that it is sufficient to calculate the minimum package of access to public railway infrastructure (hereinafter referred to as 'pay'), by the end of the time limit referred to in point 11.1 of the Inventory, in accordance with the formulae set out in points 4 to 11 of the Rules of Pay. 10.5. After calculating the remuneration in accordance with the procedure set out in paragraph 10.4 of the Inventory, the public infrastructure manager shall apply the rule referred to in paragraphs 1.5 and/or 2.7 of the Order in relation to the applicant for which the estimated remuneration is higher. 10.6. Failure by the applicant to submit the data referred to in those points before the expiry of the time limit referred to in points 10.2 and/or 10.3 of the the public infrastructure manager shall decide not to apply the priority rules referred to in points 1.5 and/or 2.7 of the Order, no later than 1 (one) working day after the expiry of the time limit referred to in points 10.2 and/or 10.3 of the Inventory, and shall inform the applicant thereof in writing or by electronic means. 10.7. When the public infrastructure manager describes the priorityrules in accordance with the procedure set out in point 10.1 of this Chapter and if applicants are to be subject to the priority rule referred to in points 1.6 or 2.8 of the Order, the public infrastructure manager shall calculate the level of capacity allocated to the applicant by the end of the period specified in paragraph 11.1. 10.8. The public railway infrastructure manager shall assess whether all the applicant assessed has been allocated the capacity to allocate public railway infrastructure capacity and last-minute applications for last-minute work schedules for all assessed applicants. The public infrastructure manager has determined that: 10.8.1. all applicants assessed have been allocated capacity in response to applications for public railway infrastructure capacity and last-minute applications for the last expired service train schedule, calculate the level of utilisation of the public railway infrastructure capacity allocated to the applicant in accordance with the procedure set out in point 10.8 of the Inventory; 10.8.2. at least one of the applicants under consideration has not been allocated the capacity of the public railway infrastructure applications and last-minute applications for the last expired service train schedule, no later than the deadline specified in paragraph 11.1 of the Inventory, the Description shall decide not to apply the priority rule of the Order 1.6 or 2.8 to the applicants assessed and shall inform those applicants in writing or by electronic means. 10.9. The average actual percentage of capacity utilization on the whole route where there is disagreement on the allocation of the same public infrastructure capacity shall be calculated by assessing the applicant's last expiry of the working timetable for applications for public infrastructure capacity and last minute applications for and use of public infrastructure. capacity in the congested part of the public railway infrastructure and applying this formula: 푨 푷 = ∗ 100, where 푺 P = percentage of use of capacity in the congested part of the public railway infrastructure (%); A = the actual number of uses of the applicant's capacity in the congested part of the public railway infrastructure, calculated for the last period of validity of the service train schedule in response to applications for public railway infrastructure capacity and last-minute applications; S = number of capacity allocated to the applicant in the congested part of the public railway infrastructure, calculated for the last period of validity of the service train schedule in response to applications for public railway infrastructure capacity and last-minute applications. 10.10. The public railway infrastructure manager shall apply the requirements set out in paragraph 3 of the Order when calculating the average actual percentage of the level of capacity utilisation on the whole route where there is disagreement over the allocation of the same public railway infrastructure capacity. 10.11. The public railway infrastructure manager, having calculated, in accordance with the procedure set out in paragraph 10.9 of the Inventory, the average percentage of the actual level of capacity utilisation on the whole route where there is disagreement as to the allocation of the same public railway

76 infrastructure capacity shall apply the priority rule set out in point 1.6 or 2.8 of the Order in respect of the applicant whose capacity is higher.

Annex 1

Attn.: Public Railway Infrastructure Manager Applicant's name:

Data on the readiness to use the requested capacity on the congested part of the public railway infrastructure Legal entity code: Name of the Applicant's manager or his/her Authorized Person: Date of data submission: Phone number, e-mail:

By submitting this data, the Applicant ensures the accuracy of the provided data, and the Public Railway Infrastructure Manager undertakes to protect the received information in accordance with the Personal Data Protection Law and/or confidentiality obligations.

Part I

No. General data on readiness to use the requested capacity

1 2 3 4 5

Traction moto hours 1. Traction units, of which: Amount Series, numbers without maintenance *

1.1. Trunk locomotives (locomotive series, numbers (available), traction unit authorization). 1.2. Shunting locomotives (locomotive series, numbers (available), traction unit authorization). 1.3. Documents certifying property or other legally acquired, leased property (copies of documents).

2. Employees, of which: Total number of employees Name, surname Personal code

2.1. Train locomotive drivers (name, surname, a.k., copy of driver's license, valid train driver's certificate (copy)). Break down: how many and which drivers will work at the station to service shunting activities. Note: The applicant shall complete only the information requested in columns 3-5 of Part I of this table and provide copies of supporting documents, as well as, if necessary, explanations on how the data provided are calculated. * In the case of traction units for passenger and luggage services, indicate in column 5 the number of km of traction unit that it can operate without maintenance. Part II

No. Additional data on readiness to use requested capacity

1 2 3 4 5 6 7 8 9 10

Traction unit used to service Number of days Train mass indicated routes on congested Congested part of the public railway Departure time (hour) of Number of specific routes of running of The name of the train Requested capacity (route) for requested infrastructure infrastructure, where capacity is requested capacity on of requested capacity per specific routes of driver who is entitled to capacity (mass in requested specific route day requested run on this section tons, gross) capacity per week Series Number

Note: The applicant shall complete only the information requested in columns 9 and 10 of Part II of this table.

Annex 2

Attn.: Public Railway Infrastructure Manager Applicant's name:

Data for the application of the priority rule to the congested part of the public railway infrastructure Legal entity code: Name of the Applicant's manager or his/her Authorized Person: Date of data submission: Phone number, e-mail:

No. Data for the application of the priority rule to the congested part of the public railway infrastructure 1 2 3 4 5 6 7 8

Departure time Number of days of Train mass Number of specific Congested part of the public railway (hour) of running of specific indicated for Will electric traction be used in Requested capacity (route) routes of infrastructure, where capacity is requested routes of requested the requested capacity (maršrutas) requested capacity requested capacity on requested capacity capacity (mass in (YES/NO per day specific route per week tons, gross)

Note: The Applicant is to provide the information requested in Column 8 only.

Annex 3 Attn.: Public Railway Infrastructure Manager Applicant's name:

No. Data for the application of the priority rule to the congested part of the public railway infrastructure 1 2 3 4 5 6 7 8 9 10

Will electric Departure time Number of days Train mass Train mass Number of specific traction be Congested part of the public railway (hour) of of running of indicated for indicated for Type of freight Requested capacity (route) routes of used in the infrastructure, where capacity is requested specific routes of requested requested planned to be (maršrutas) requested capacity requested requested capacity on requested capacity (mass in capacity (mass carried* per day capacity specific route capacity per week tons, gross) in tons, net) (YES/NO)

* The type of freight to be carried using the requested capacity according to the Freight Rail Transport Market Segments the list of which was established in the Annex to the Minimum Access Package Fee, the rules for calculating and paying the minimum access package fee to be paid by a specific Railway Undertaking (carrier) (hereinafter referred to as the Remuneration Rules) valid before the entry into force of the Resolution No. 356 of 8 April 2020 of the Government of the Republic of Lithuania “Regarding the Change of Resolution No. 610 of 19 May 2004 of the Government of the Republic of Lithuania “Regarding Calculation and Publication of Minimum Access Package Fees, Calculation of the Minimum Access Package Fees payable by a particular Railway Undertaking (carrier) and Approval of the Payment Rules”. Note: The Applicant is to provide the information requested in Columns 8–10 only.

11. Preparation of official train timetable 11.1. The manager of the public railway infrastructure, having made a decision in accordance with the procedure provided for in Chapter 9 of the Description, to allocate public railway infrastructure capacity or to refuse to allocate it: 11.1.1. not later than 35 (thirty-five) calendar days prior to the effective date of the official train schedule, prepare the official train schedule and provide the relevant extracts thereof to the applicants in writing or by electronic means; 11.1.2. Not later than within 5 (five) working days after the day of the decision to allocate public railway infrastructure capacity or refuse to allocate it, the public railway infrastructure manager shall publish information on the remaining free public railway infrastructure capacity in the section https://ltginfra.lt/en/laisvi-pajegumai of the public railway infrastructure manager's website; 12. Evaluation of last minute applications and decision on the allocation or non-allocation of public railway infrastructure capacity 12.1. The applicant may submit a last minute application to the public railway infrastructure manager no later than 5 (five) working days before the day of utilization of the desired public railway infrastructure capacity during the period of validity of the official train schedule. 12.2. The last minute application form is available on the website of the Public Infrastructure Manager and the list of documents to be submitted with the application is provided in Annex 1 to this Description. 12.3. The last minute application together with the attached documents shall be submitted to the public railway infrastructure manager by e-mail. by mail to [email protected] ; 12.4. Upon receipt of the last minute application, the public railway infrastructure manager shall assess whether all the required data and / or all required documents submitted or copies of the submitted documents have been approved, and immediately, but not later than within 1 (one) working day from the last minutes of the date of receipt of the application shall notify the applicant in writing or by electronic means and set a term of not less than 1 (one) working day for the elimination of the identified deficiencies. 12.5. The public infrastructure manager shall take a decision to refuse to process the last minute application if the last minute application does not contain all the required data and / or submitted all documents or copies of submitted documents and the applicant has not remedied the identified deficiencies within the deadline set by the public infrastructure manager. points. 12.6. The public railway infrastructure manager shall inform the applicant in writing or by electronic means within 2 (two) working days about the decision to refuse to examine the last minute application, if the applicant did not follow the procedure established in items 12.4 and 12.5 of the Description. 12.7. The last minute application and the documents submitted with it, if they were submitted in writing, not by electronic means, shall be returned to the applicant within 2 (two) working days from the decision of the public railway infrastructure manager to refuse to evaluate the last minute application. 12.8. Upon receipt of the last minute application, the public railway infrastructure manager shall, within 3 (three) working days, perform the evaluation of the last minute application in accordance with the procedure set out in Annex 2 to the Description. 12.9. Public railway infrastructure manager according to Description 12.8. after evaluating the last minute application as soon as possible, but not later than within 2 (two) working days, make a decision to allocate the capacity of the public railway infrastructure according to the last minute application or refuse to allocate it. 12.10. The public railway infrastructure manager shall inform the applicant about its decision to allocate public railway infrastructure capacity according to the last minute application or refuse to allocate it in accordance with the procedure provided for in Item 9.4 of the Description. 12.11. If a decision is taken to allocate public infrastructure capacity on the basis of a last minute application, the public infrastructure manager shall include this allocated capacity in the working timetable and provide the relevant extracts to the applicants who have received this public infrastructure capacity on the basis of a last minute application. 12.12. If several last-minute applications for the same public railway infrastructure capacity are received at the same time, the public last-minute application shall be allocated to the previous applicant.

13. Abandonment of dedicated railway infrastructure capacity 13.1. Applicants may submit a request to the public railway infrastructure manager to renounce the public railway infrastructure capacity allocated to them not later than 20 (twenty) working days prior to the use of the public railway infrastructure capacity allocated to them. 13.2. Requests to renounce public railway infrastructure capacity allocated to an applicant in accordance with the form set out in Annex 4 to the Description shall be submitted to the public railway infrastructure manager by e-mail. by mail to [email protected] ; 13.3. Within 10 (ten) working days from the date of receipt of this request, the public railway infrastructure manager, upon receipt of the applicant's request to renounce the public railway infrastructure capacity allocated to him, shall make a decision regarding the use of such public railway infrastructure capacity for construction, repair and / or maintenance of public railway infrastructure. or the declaration of vacancy of public railway infrastructure capacity. 13.4. The public railway infrastructure manager shall immediately, but not later than within 2 (two) working days from the date of adoption of this decision, inform the applicant about the decision to cancel the public railway infrastructure capacity allocated to the applicant in accordance with the applicant's request to renounce the public railway infrastructure capacity allocated to the applicant. 13.5. The public railway infrastructure manager shall publish the public railway infrastructure capacity declared free of charge not later than within 5 (five) working days from the day of making the decision specified in clause 13.3 in the section https://ltginfra.lt/en/laisvi-pajegumai of the public railway infrastructure manager's website and inform the applicants who have been have applied for public railway infrastructure capacity and requested that it be allocated this publicly declared public railway infrastructure capacity, but no public railway infrastructure capacity has been allocated to them. 14. Final arrangements 14.1. In order to ensure the protection of commercial or professional secrets of applicants, information shall be provided to the public railway infrastructure manager, information provided to the public railway infrastructure manager shall be disclosed and provided to third parties mutatis mutandis in accordance with the principles of protection of commercial and professional secrets of undertakings established in Paragraph 8 of Article 71 of the Railway Transport Code of the Republic of Lithuania. 14.2. Complaints concerning decisions taken by the public infrastructure manager regarding the allocation or refusal of public railway infrastructure capacity to applicants, as well as regarding the restriction of the access of public railway infrastructure to applicants, shall be examined by the railway market regulator in a mandatory out-of-court procedure.

Description of reservations procedure for applications for public railway infrastructure capacities, last minute applications and late applications investigation, official trains timetable preparation and applications for public railway infrastructure capacities coordination and public railway infrastructure capacity public railway infrastructure construction, repair and maintenance works Annex No. 1

1. List1 of documents submitted together with the application for public railway infrastructure capacity or last minute application (hereinafter together referred to as the Applications)

1. Railway undertakings (carriers) shall submit the following documents to the Public Railway Infrastructure Manager together with the Applications: 1.1. certified copies of safety certificates (Parts A and B); 1.2. a certified copy of the railway undertaking's (carrier's) license; 1.3. A certified copy of the compulsory civil liability insurance certificate; 1.4. a copy of the public service contract (provided only when the applicant requests the capacity of the public railway infrastructure to provide public passenger transport services by rail, such railway undertaking (carrier) shall provide a copy of the document substantiating it (contract); 1.5. document (s) proving that the applicant is an international group of railway undertakings (carriers) or document (s) substantiating that the applicant is an institution authorized by the Government, which has a need to ensure in accordance with the procedure established by legal acts the provision of public passenger transport services by rail, or document (s) justifying that the applicant wishes to acquire public railway infrastructure capacity in the interests of the commercial sector (contracts, agreements, the applicant's activities descriptive documents, etc. copies of documents); 1.6. a contract, agreement or other documents substantiating that the cargo will be loaded in the territory of the Republic of Lithuania or a neighboring Member State of the European Union and / or unloaded in the territory of the Republic of Lithuania or a neighboring Member State of the European Union or passengers will not be picked up using the public railway infrastructure and are not disembarked in the territory of the Republic of Lithuania or a neighboring Member State of the European Union2 (provided when applications request the allocation of routes by the public infrastructure manager is requested to designate routes on which there is a real possibility of transit); 1.7. a copy of the cooperation agreement with a railway undertaking (carrier) of a neighboring European Union or a third country justifying the use of another railway undertaking (carrier) for passenger, baggage or freight services on the border lines of a neighboring European Union or a third country (submitted when applications for public railway infrastructure international routes are requested from the infrastructure manager); 1.8. a copy of the agreement substantiating the data necessary to ensure the acceptance / transfer of trains between Lithuania and the neighboring European Union or a third country (provided when applications request the public railway infrastructure manager to allocate international routes); 1.9. a copy of the decision of the neighboring European Union or third country infrastructure manager on the allocation of capacity in the territory of that country necessary to cross the Lithuanian / neighboring European Union or third country border, or another document substantiating the consent of the neighboring European Union or third country infrastructure manager the border crossing points of the Lithuanian / neighboring European Union or third countries of another company (provided when the applications request the public railway infrastructure manager to allocate international routes and in case the applicant has such consent at the time of submission of the application).

1 Submission of a list of documents with an application for public railway infrastructure capacity or, in the absence of such an application, for the first application at the last minute during the period of validity of the working timetable. 2 exclusive right not to grant 1.6. in the provision of transit transport services by rail, the documents referred to in paragraph shall belong to railway undertakings (carriers), whose or all shares are owned by the state of Lithuania.

2. Applicants, non-railway undertakings (carriers) shall submit the following documents together with the applications to the public railway infrastructure manager: 2.1. Document (s) proving that the applicant is an international group of railway undertakings (carriers), or document (s) substantiating that the applicant is an institution authorized by the government, which has a need to ensure in accordance with the procedure established by legal acts the provision of public passenger transport services by rail, or document (s) justifying that the applicant wishes to acquire public railway infrastructure capacity in the interests of the commercial sector (contracts, agreements, documents describing the applicant's activities, etc.); 2.2. A copy of the contract, agreement with the railway undertaking (carrier) that will use the public railway infrastructure capacity allocated to the applicant (if the railway undertaking (carrier) is not known when submitting the application for public railway capacity, copies of contracts or agreements must be submitted no later than 3 (three) months until the entry into force of the working timetable); 2.3. A contract, agreement or other documents substantiating that the cargo will be loaded in the territory of the republic of Lithuania or a neighboring member state of the European Union and / or unloaded in the territory of the republic of Lithuania or a neighboring member state of the European Union or passengers will not be picked up using the public railway infrastructure and are not disembarked in the territory of the Republic of Lithuania or a neighboring member state of the European Union (provided when applications request the public railway infrastructure manager to designate routes where there is a real possibility to carry out transit); 2.4. a copy of the cooperation agreement with a railway undertaking (carrier) of a neighboring European Union or a third country justifying the use of another railway undertaking (carrier) for passenger, baggage or freight services on the border lines of a neighboring European Union or a third country (submitted when applications for public railway infrastructure international routes are requested by the controller); 2.5. a copy of the agreement substantiating the data necessary to ensure the acceptance / transfer of trains between Lithuania and the neighboring European Union or a third country (provided when applications request the public railway infrastructure manager to allocate international routes); 2.6. a copy of the decision of the neighboring European Union or third country infrastructure manager on the allocation of capacity in the territory of that country necessary to cross the Lithuanian / neighboring European Union or third country border, or another document substantiating the consent of the neighboring European Union or third country infrastructure manager the border crossing points of the Lithuanian / neighboring European Union or third countries of another company (provided when the applications request the public railway infrastructure manager to allocate international routes and in case the applicant has such consent at the time of submission of the application). 3. Repair undertakings shall submit the following documents to the Public Railway Infrastructure Manager together with the Applications: 3.1. certified copies of safety certificates (Parts A and B); 3.2. A certified copy of the compulsory civil liability insurance certificate.

2.THE PROCEDURE FOR THE PREPARATION OF THE DRAFT TRAIN SCHEDULE ACCORDING TO THE APPLICATIONS FOR THE ALLOCATION OF PUBLIC RAILWAY INFRASTRUCTURE CAPACITY AND THE EVALUATION OF THE LAST MINUTE APPLICATION

1. Preparation of the draft official train schedule

1.1. The public infrastructure manager shall draw up a draft working timetable and set out the train paths in the following order: 1.1.1. preliminary train paths based on the examination of applications for public railway infrastructure capacity, the processing of last-minute applications and late applications, the scheduling of trains and the coordination of applications for public railway infrastructure capacity and the construction, repair and / or technical maintenance of public railway infrastructure capacity; Item 4.1 of the Description of the Reservation Procedure for the Performance of Maintenance Work (hereinafter - the Description); 1.1.2. public railway infrastructure capacity public railway infrastructure capacity for the performance of construction, repair and / or maintenance of railway infrastructure, determined and assessed in accordance with point 1.3 of this Annex; 1.1.3. reserve capacity of public railway infrastructure determined in accordance with point 1.3 of this Annex; 1.1.4. train paths for international passenger trains; 1.1.5. train paths for passenger trains; 1.1.6. train paths for international freight trains; 1.1.7. train paths for freight trains; 1.1.8. train lines to other trains. 1.2. The public infrastructure manager shall, when preparing the draft working timetable, assess the impact on applicants of the coordination and the public railway infrastructure capacity reserved in accordance with the procedure specified in Annex 3 to the Description of the Procedure for Reservation of Public Railway Infrastructure Capacity for the Construction, Repair and / or Maintenance of Public Railway Infrastructure shall be allocated for the construction, repair and / or maintenance of railway infrastructure. If, during the preparation of this draft working timetable, it is established that the allocation of public railway infrastructure capacity for the construction, repair and / or maintenance of railway infrastructure will prevent applicants from carrying out activities related to the use of public railway infrastructure capacity, the public infrastructure manager shall to carry out activities related to the use of public railway infrastructure capacity must offer other public railway infrastructure capacity, if any. 1.3. When preparing a working timetable, the public infrastructure manager shall provide the reserve capacity of the public railway infrastructure needed to meet possible last minute requests. This provision also applies in the case of congested public railway infrastructure. 1.4. When preparing a working timetable and following the sequence set out in points 1.1.4 and 1.1.5 of this Annex, the public infrastructure manager shall first designate train paths for passenger trains by assessing the compliance of the length of the passenger train specified in the application for public railway infrastructure capacity with the platform lengths. at the railway station and / or stop where the applicant requests a stop for the embarkation and disembarkation of passengers: the correspondence between the length of the passenger train and the length of the platforms on the passenger train path shall be assessed by the public infrastructure manager by comparing the length of the passenger train station and / or station platform lengths specified by the relevant public railway infrastructure service. in the network statement of the train running period, at those stations and / or stops where a passenger train stops for the embarkation and / or disembarkation of passengers. If the assessment referred to in this point reveals that the length of

85 the passenger train specified in the application for public railway infrastructure capacity is less than or equal to the length of the platforms, the assessed passenger train shall be considered to meet this assessed public railway infrastructure characteristic if the length of the passenger train exceeds the passenger train is considered not to meet this parameter of public railway infrastructure performance to be assessed. If the length of the passenger train is longer than the length of the platforms and / or if the applicant has requested a stop for picking up and setting down passengers at a station without a platform, the Public Infrastructure Manager shall inform the applicant of the relevant draft extracts for comments and suggestions. a stop at a railway station and / or station for the embarkation and disembarkation of passengers without a platform is not foreseen in the project and the application for public railway infrastructure capacity for passenger train lengths longer than the length of the platform shall indicate the applicant's responsibility for safe embarkation and disembarkation; and risk analysis and assessment (risk analysis) in accordance with the procedures set out in April 30 Commission Implementing Regulation (EU) No Regulation (EU) No 402/2013 establishing a common safety method for hazard identification and risk assessment and repealing Regulation (EC) No. 352/2009. 1.5. The public infrastructure manager who provides passenger train paths in the draft working timetable shall, in accordance with the sequence set out in points 1.1.6, 1.1.7 and 1.1.8 of this Annex, designate train paths for freight trains by assessing the compliance of the freight train length with the maximum track gauge. lengths: the public infrastructure manager shall, in making this assessment, compare whether the length of the freight train specified in the application for public infrastructure capacity does not exceed the maximum permitted train length specified in the network statement of the relevant public service timetable network on the basis of an application for public railway infrastructure capacity or a freight train stop s whether the overtaking is necessary for other reasons. If this comparison shows that the length of the freight train under assessment is less than or equal to the length of the railway tracks of the stations, the freight train is considered to meet this assessed characteristic of the public railway infrastructure, and if the length of the freight train under assessment is found to be longer than that of the railway stations. lengths, the freight train under assessment shall be considered not to meet this parameter of public railway infrastructure performance under assessment. If the length of the freight train under assessment is longer than the lengths of the railway stations, the Public Infrastructure Manager shall inform the applicant by submitting the relevant extracts for comments and suggestions on the draft working timetable to the applicant. track lengths and that the relevant extract from the draft working timetable provided provides for train paths not exceeding the train length corresponding to the maximum track length of the stations specified in the network statement for the relevant working timetable period of the public railway infrastructure. In exceptional cases, after the public infrastructure manager has assessed the applications for public infrastructure capacity of all applicants and determined that it is possible to provide non-stop lines for trains with lengths longer than those at stations with a maximum track length of less than The public railway infrastructure manager shall provide the applicant with the relevant extracts from the draft working timetable for comments and proposals on the risks to be assessed in accordance with the procedures set out in the 2013 procedure. April 30 Commission Implementing Regulation (EU) No Regulation (EU) No 402/2013 establishing a common safety method for hazard identification and risk assessment and repealing Regulation (EC) No. 352/2009 and to submit the risk analysis and assessment carried out (risk analysis) by the deadline for submitting comments and suggestions on the draft working timetable. The public railway infrastructure manager shall evaluate the conclusions of the risk analysis and assessment (risk analysis) provided and decide on the possibility of ensuring the safe organization and management of the traffic of such trains. If the applicant does not agree to the allocation of public infrastructure capacity for the reduction of the requested train length and / or the applicant does not agree to provide a risk analysis or does not submit a risk analysis by the deadline and comments on the draft timetable, the conclusion of the evaluation will state that the allocation of public infrastructure capacity the train length specified in the application does not correspond to the characteristics of the public railway infrastructure specified in the regulations of the relevant train schedule network. 1.6. During the preparation of the draft working timetable, the Public Infrastructure Manager shall also assess: 1.6.1. whether the requested public railway infrastructure capacity is available: 1.6.1.1. The public infrastructure manager shall assess whether applications for public infrastructure capacity - the requested capacity is not reserved in the order set out in points 1.1.1, 1.1.2 and 1.1.3 of this Annex. If the capacity specified in the application for public railway infrastructure capacity is

86 determined to be free in accordance with the procedure set out in this Annex, this shall be noted in the prepared assessment report referred to in point 1.8 of this Annex, and if it is not available, this evaluation report shall indicate that the public railway infrastructure capacity is not available. ; 1.6.1.2. whether the allocation of public railway infrastructure capacity is possible at the times of departure of the train specified in the application for public railway infrastructure capacity. If it is established that this is not possible, other possible train departure times shall be offered to the applicant by submitting the relevant extracts from the draft working timetable for comments and suggestions; 1.6.2. whether the traction power indicated in the application for public railway infrastructure capacity is sufficient. In this case, the public infrastructure manager shall assess whether the power of the traction unit specified in the application for public infrastructure capacity is sufficient to run the requested public infrastructure capacity on a train of the mass specified in this application. If the application for public railway infrastructure capacity is found to have sufficient traction capacity, the train shall be deemed to meet the parameter to be assessed for public railway infrastructure characteristics and, if insufficient, the public infrastructure manager shall provide the applicant with relevant extracts from the draft working timetable for comments and suggestions. inform the applicant that the traction capacity indicated in the application for public railway infrastructure capacity is insufficient and that the relevant extract from the draft working timetable provided provides for train paths with a maximum mass sufficient for the traction capacity specified in the application for public railway infrastructure capacity. If the applicant does not agree to the allocation of public railway infrastructure capacity for the reduction of the train mass specified in the application, the conclusion of the assessment will state that the capacity of the traction vehicle specified in the application is insufficient for the allocation of public railway infrastructure capacity; 1.6.3. whether other railway transport conditions specified in the application for public railway infrastructure capacity (eg danger of the planned cargo, oversize, absence of automatic locomotive signaling, etc.) are compatible with the parameters of the public railway infrastructure. If the other conditions of transport specified in the application for public infrastructure capacity are compatible with the parameters of the public infrastructure, such a train shall be deemed to comply with the parameters to be assessed for public infrastructure, and the assessment shall state that the other railway conditions specified in the application for the allocation of public railway infrastructure capacity are not compatible with the parameters of the public railway infrastructure. 1.7. The results of the assessment referred to in points 1.4, 1.5 and 1.6 of this Annex shall be included in the conclusion of the assessment, which shall be considered as part of the decision to allocate or refuse to allocate public railway infrastructure capacity in accordance with the application.

2. Last-minute application evaluation procedure

2.1 Upon receipt of the last minute application, the public infrastructure manager shall evaluate (the results of this evaluation in the conclusion of the evaluation of the last minute application considered as an integral part of the decision to allocate or refuse public infrastructure capacity on the basis of the last minute application): 2.1.1. whether the requested public infrastructure capacity is available: The public infrastructure manager shall assess whether the last-minute public infrastructure capacity indicated in the application is not allocated to another applicant, is not reserved for the needs of the public infrastructure manager, or last-minute applications. If it is established that the capacity of the public railway infrastructure requested in the last minute application is free, this shall be noted in the evaluation conclusion prepared at the end of the last minute assessment. If the capacity requested in the last minute application is not available, the applicant shall be offered other possible train departure times by e-mail and a maximum time limit of 1 working day shall be set for the reply. If the applicant informs of his disagreement with the proposed departure time of the train within the deadline set out in this point of the Annex or does not reply within that deadline, the last minute conclusion shall indicate that the requested capacity is not available; 2.1.2. whether the traction power specified in the last minute application is sufficient. In this case, the public infrastructure manager shall assess whether the power of the traction unit specified in the last minute application is sufficient to run the requested capacity of the public railway infrastructure on the train of the mass specified in the last minute application. If the last-minute traction power specified in the application is found to be sufficient, the train shall be deemed to meet the parameter to be assessed for the characteristics of the public railway infrastructure, and the applicant shall be notified by e-mail that the last-

87 minute traction power is insufficient and the possible train mass according to the traction device specified in the last minute application. In this case, the applicant shall be given a maximum of 1 working day to reply. If the applicant informs or disagrees with the proposed reduction of the train mass within the deadline set out in this point of the Annex, the last minute conclusion shall state that the last minute traction power is insufficient and does not meet the public infrastructure parameter under assessment; 2.1.3. whether the last-minute freight train length specified in the application corresponds to the maximum track lengths of the railway stations: The public infrastructure manager shall, in making this assessment, compare the last-minute freight train length indicated in the network statement for the on long stations where the freight train has to stop at the last minute request or the stop or overtaking of the freight train is necessary for other reasons. If this comparison shows that the length of the freight train under assessment is less than or equal to the length of the railway tracks of the railway stations, the freight train is considered to meet this assessed characteristic of the public railway infrastructure. lengths, the applicant shall be informed by e-mail that the length of the freight train indicated in the last-minute application is longer than the lengths of the railway stations and is offered the maximum possible train length corresponding to the parameters of the public railway infrastructure. In exceptional cases, if the Public Infrastructure Manager determines that it is possible to provide a train path longer than the station lengths without stops at stations with a maximum track length shorter than the train length specified in the last minute application, the Public Infrastructure Manager the manager shall inform the applicant by e-mail of the risks which he is required to assess in accordance with the procedures referred to in April 30 Commission Implementing Regulation (EU) No Regulation (EU) No 402/2013 establishing a common safety method for hazard identification and risk assessment and repealing Regulation (EC) No. 352/2009 and submit the performed risk analysis and assessment (risk analysis) within 1 working day. The public railway infrastructure manager shall evaluate the conclusions of the risk analysis and assessment (risk analysis) provided and decide on the possibility of ensuring the safe organization and management of the traffic of such trains. If the applicant informs the applicant of its disagreement with the proposed train length within the deadline set out in this Annex and / or does not respond to the risk analysis or does not reply within that deadline, the last minute conclusion shall indicate that the freight train under assessment does not meet this assessed public infrastructure characteristic; 2.1.4. whether the length of the passenger train specified in the last minute request corresponds to the lengths of the platforms, and whether there is a platform at the station and / or station where the passenger stop is requested: the correspondence between the length of the passenger train and the platform length the length of the passenger train specified in the last minute application with the platform lengths of the stations concerned and / or stops specified in the network statement for the relevant working timetable period of the public railway infrastructure, at those stations and / or stations where the last minute application indicates a stop for the embarkation and / or disembarkation of passengers. If, during this comparison, the length of the passenger train is found to be less than or equal to the length of the platforms, the passenger train under assessment shall be deemed to comply with this assessed characteristic of the public railway infrastructure. If the length of the passenger train is greater than the length of the platforms and / or if the applicant has requested a stop for embarking and disembarking passengers at a station and / or a station without a platform, the passenger train is considered not to meet this public infrastructure parameter. In the application for public railway infrastructure capacity for a passenger train length greater than the length of the platforms, the public railway infrastructure manager shall note the applicant's responsibility for the safe embarkation and disembarkation of passengers and the risk analysis and assessment (risk analysis) in accordance with April 30 Commission Implementing Regulation (EU) No Regulation (EU) No 402/2013 establishing a common safety method for hazard identification and risk assessment and repealing Regulation (EC) No. 352/2009. 2.1.5. whether other last-minute conditions for rail transport specified in the application (eg danger of the goods to be transported, oversize, absence of automatic locomotive signaling, etc.) are compatible with the parameters of the public railway infrastructure. If the other last-minute conditions for rail transport specified in the application are compatible with the parameters of the public railway infrastructure, such a train shall be deemed to comply with the parameters assessed for public railway infrastructure. the specified conditions of carriage by rail for the capacity of the public railway infrastructure are incompatible with the parameters of the public railway infrastructure.

3.PROCEDURE FOR RESERVING PUBLIC RAILWAY INFRASTRUCTURE CAPACITY FOR THE CONSTRUCTION, REPAIR AND / OR MAINTENANCE OF PUBLIC RAILWAY INFRASTRUCTURE

1. A structural subdivision of AB Lietuvos geležinkelių infrastruktūra or a legal entity that has entered into an agreement (s) with the public railway infrastructure manager regarding the performance of construction, repair and / or maintenance of public railway infrastructure (hereinafter - a person wishing to perform works). ), wishing to perform construction, repair and / or maintenance works of the public railway infrastructure on the railway network of the Republic of Lithuania planned in accordance with the requirements of Article 26 of the Code not later than 11 (eleven) months before the entry into force of the official train schedule to the public railway infrastructure manager in writing or by electronic means application for the reservation of public railway infrastructure capacity for the construction, repair and / or maintenance of public railway infrastructure (hereinafter Application for reservation) specified in the order. 2. The reservation request must contain the following information: 2.1. a line on which the construction, repair and / or maintenance of public railway infrastructure will be carried out; 2.2. track number (if there is one track at the interstation where the works will be performed, indicate "single", if more - track numbers in Roman numerals I, II, III, etc.; if the planned works will be performed at the railway station, the numbers of the main tracks indicated by Roman numerals I, II, III, etc., other railways - by Arabic numerals 1, 2, 3, etc.); 2.3. the names of the railway stations delimiting the intermediate station where the works will be performed (if the works are to be performed at the railway station, the beginning and end of the performance of the works shall be indicated by the same railway station); 2.4. the preferred date and time of the work; 2.5. the preferred duration of the work; 2.6. preferred time of day for work; 2.7. information justifying the publication of a rail traffic break for work in 2017 September 4 Annex VII to Commission Delegated Decision (EU) 2017/2075 amending Annex VII to Directive 2012/34 / EU of the European Parliament and of the Council establishing a single European railway area; 2.8. a description of the reason for the temporary limitation of the capacity of the public railway infrastructure (indicating the place of performance of the works - from kilometer No. picket No. to kilometer No. picket No. or public railway infrastructure object (turnout, bridge, etc.) with exact coordinates); 2.9. preferred type of constraint on public railway infrastructure capacity (interruption of rail traffic (freight trains, passenger, electric trains, all trains): speed limitation (specify speed limitation in km / h), or gauge limitation, axle load limitation, etc. 3. Upon receipt of the application for reservation and finding that not all the data specified in Item 2 of the Procedure are specified in this application, the public railway infrastructure manager shall immediately notify the person thereof in writing, but not later than within 3 (three) working days from the date of receipt of the application. , wishing to perform the work, and sets a term of at least 3 (three) working days to indicate the missing data. 4. If a person wishing to perform works fails to indicate the missing data within the term specified in Item 3 of the Procedure, the public railway infrastructure manager shall take a decision to refuse

89 to accept the submitted reservation application and inform the person wishing to perform the work together with the return application. reservation. 5. The public railway infrastructure manager, having received the application for reservation and determined that all the data specified in Item 2 of the Procedure are specified in this application, shall make a decision to accept the application for reservation no later than within 3 (three) working days from the date of receipt of the application. inform the person wishing to perform the work. 6. Not later than 10 (ten) months before the entry into force of the working timetable, the public railway infrastructure manager shall assess whether the public railway infrastructure capacity can be reserved for works in accordance with the accepted applications for reservation and indicate the results of this assessment in the prepared public railway infrastructure capacity. to carry out a reservation project, which is sent in writing or by electronic means to persons wishing to carry out the work. 7. Persons wishing to perform the works, having received the public railway infrastructure capacity reservation project, may submit their comments and proposals to the public railway infrastructure manager in writing or by electronic means no later than within 10 (ten) working days from the date of receipt of this project. . 8. The public railway infrastructure manager, after receiving the comments and proposals from the persons wishing to perform the works within the term specified in Clause 6, shall evaluate within 10 (ten) working days whether these comments and proposals can be accepted and if it makes a decision to accept these comments and proposals accordingly. a project for the reservation of public railway infrastructure capacity. 9. Public Railway Infrastructure Manager not later than 9 (nine) months before the entry into force of the working timetable according to the revised public railway infrastructure capacity reservation project to perform public railway infrastructure capacity required for construction, repair and / or maintenance of public railway infrastructure. shall be included in the relevant working timetable.

Application for the reservation of public railway infrastructure capacity for the construction, repair and / or maintenance of public railway infrastructure Whether Type the traffic (traffic break was interruption Daily made Foreclosure Interstation/Station Year Week Time from Time till Duration Road , speed time public at reason No. Line number limitation, the etc.) scheduled time Date Date Day Beginning End From Till From Till Date from Date from hour Yes/No to to /night 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Interstices Livintai - Gaižiūnai (78+098 - 89+949 km) One- All trains are On reconstruction 1 Example Livintai Gaižiūnai 2020 2020 36 41 2020.08.31 8:00 2020.10.03 16:00 240 Yes way interrupted days works Preparations for installation of arches / piles

4.PROCEDURE FOR CONDUCTING ANALYSIS OF ECONOMIC IMPACT ASSESSMENT AND PRESENTING CONCLUSIONS

1. The public infrastructure manager shall, taking into account any constraints that applicants may face, including economic impact, and in order to meet all applications for public railway infrastructure capacity, including those for network capacity in more than one Member State of the European Union, not later than within 5 (five) working days after the end of the deadline for submission of comments and proposals on the submitted draft extracts of the official train schedule specified in clause 6.5 of the Description, to applicants who disagree on the allocation of the same public railway infrastructure capacity in one part of the public railway infrastructure , submit in writing or by electronic means the Economic Impact Assessment Table to be completed (attached). 2. Applicants, having received the economic impact assessment table, shall complete it and submit it to the public railway infrastructure manager in writing or by electronic means within 5 (five) working days. 3. The public infrastructure manager, having received the economic impact assessment table completed by the applicants, shall, no later than the consultation meeting organized in accordance with point 7.2 of the Description, prepare a free economic impact analysis and provide information on the public railway infrastructure capacity for which the award is made. disagreements arise over the same part of the public railway infrastructure. 4. During the performance of the economic impact analysis, the information provided by the applicants in Item 3 of the Procedure for the Performance of the Economic Impact Assessment Analysis and Submission of Conclusions shall be assessed: 4.1. Contractual obligations of the applicant (value, consequences of default, impact on profit); 4.2. Planned and / or existing investments in the rolling stock or other technologies for the transport of goods or passengers, luggage by rail; 4.3. Losses due to downtime of locomotives and / or wagons or groups of wagons carrying goods or passengers, luggage by rail; 4.4. Losses due to downtime of contract staff whose work is directly related to rail traffic (train drivers, train drivers' assistants, etc.). 5. If the coordination of applications for the same public railway infrastructure capacity fails to meet all these applications, and if the economic impact analysis indicates that the impact on the applicant will be negative, the public infrastructure manager shall, where possible, minimize the negative impact. , except as provided in point 6 of this Annex. 6. The public railway infrastructure manager shall not be able to achieve the minimum impact on the applicant indicated in the economic impact analysis if one of the applicants, who was requested to complete and submit the economic impact assessment table, does not agree to abandon the coordinated public railway infrastructure capacity in accordance with point 7.11. (ar) consider changing the frequency of the trains covered by the applicant's application for public railway infrastructure capacity and the public infrastructure manager is not in a position to offer alternative public railway infrastructure capacity than that specified in his application; 7. At the end of the coordination process, the public infrastructure manager shall inform applicants of the results of the economic impact assessment analysis carried out: 7.1. orally, if the public railway infrastructure manager has coordinated during the meetings with applicants who disagree on the allocation of the same public railway infrastructure capacity in one part of the public railway infrastructure;

7.2. in writing, if the disagreement regarding the allocation of the same public railway infrastructure capacity in one part of the public railway infrastructure took place in writing or by electronic means.

Economic impact assessment table

Part I. Criteria for evaluating the contract or other document on the basis of which the commitment is made The contract or other document in respect Contract or other document Term of validity of Possibility of Value of Expected direct Estimated Financial of which in respect of which contract or other extension of contract or revenue from the Notes and additional consequences No. commitments on commitments on cargo document as contract or other other document carriage of cargo xx.xx additional revenue, Eur of default, Eur cargo transportation transportation xx.xx TTT calculated on TTT document (yes / (per TTT), Eur TTT during validity explanations ****** ******* xx.xx TTT validity period of validity no., date from xx.xx TTT ** no) *** **** period, Eur ***** period * 1 2 3 4 5 6 7 8 9 10

Additional explanations: * Specify the type of document, such as contract, agreement, etc. ** To indicate how many train schedules are covered by the commitments undertaken, for example by indicating the number of "2", means that the commitments are made for two train schedules, ie. y. 2020/2021 TTT and 2021/2022 TTT, if the contract is open-ended, write in the notes. *** Indicate whether there is / is no possibility of extending the term of the contract or other document and, if so, for what period. **** The value of the contract or other commitment document per train timetable; if values differ according to the train schedule, to exclude a year, if it is not possible to explain why. ***** Identified in the contract or on the basis of another document giving rise to an obligation to carry the goods, the estimated direct revenue minus any projected costs (depreciation, wages, etc.) ****** Specify the projected additional revenue that can be earned in addition to existing contractual obligations by providing basic transportation services to customers, such as empty wagons and containers, wagon / container use, rolling stock hauling / dropping, etc., ******* Indication of the financial consequences of failure to comply with obligations under the contract or other document, such as the amount of the fine

Part II. Criteria for assessing the rolling stock to be used for carrying capacity requested in the application

Financial consequences of Type of ownership Number of Date of contract or In case of failure to comply with the Investments in green Locomotives / (leasing, own) of locomotives / other document proprietary contractual obligations if technologies in Wagons or group of locomotives / wagons wagons or group of deriving from the rolling stock, the Locomotives / Wagons locomotives / wagons or wagons to be used for or group of wagons to locomotives to be acquisition of the financial loss of or group of vehicles group of vehicles to be Notes and additional No. the capacity be used for operated in capacity right to drive downtime carrying the capacity used for the capacity explanations requested in the transporting the requested in rolling stock xx.xx during the requested in the requested in the application xx.xx TTT capacity requested in application xx.xx TTT for the duration of lifetime of xx.xx application will be leased application xx.xx TTT validity period ** the application xx.xx validity period * TTT No. TTT *** or leased on xx.xx TTT validity period ***** TTT validity period ****

1 2 3 4 5 6 7 8 9

Additional explanations: * Specify the number of vehicles, according to the same vehicle brand. ** Enter the make, serial and number of the vehicle. *** Specify the annual depreciation and other maintenance costs. **** Indication of the financial consequences of failure to comply with obligations under the contract or other document, such as the amount of the fine. ***** The size of the investment in the renewal or purchase of rolling stock is indicated.

Part III. Criteria for the assessment of staff directly involved in rail transport

Position and number of employees Position and number of employed train whose contracts of employment should Financial losses incurred No. drivers and natural persons directly be terminated at the initiative of the by the employer, Eur Notes and additional explanations involved in rail transport * employer and / or workers to whom the *** downtime should be declared **

1 2 3 4 5

Additional explanations: * Natural persons directly involved in railway traffic shall be understood as defined in the description of the procedure for checking the knowledge of natural persons wishing to work directly or indirectly related to railway traffic, approved by the State Railway Inspectorate under the Ministry of Transport of 2004. October 14 Order no. V-29 ** Only the position and number of train drivers and natural persons whose job is directly related to rail traffic *** For example, financial losses due to announced downtime, compensation payments, etc.

5. EXAMPLE OF A REQUEST FORM FOR THE REFUSAL OF PUBLIC RAILWAY INFRASTRUCTURE CAPACITY

______(the name of the applicant)

______(legal entity code, contact phone number, email address)

To the Public Railway Infrastructure Manager

REQUEST TO REFUSE THE PUBLIC RAILWAY INFRASTRUCTURE CAPACITY

______No.______(date)

1. Request period (specify):

______– ______m. for the period of validity of train schedule timetable

2. Data on reported refusal of public railway infrastructure capacity (hereinafter referred to as "capacity")

Refused train route Date of Date of Notes decision to application for Date of start and end of allocate capacity

No. waived capacity (from Train No.

capacity, waiver, when to when waived) No., No.,

line No. line No.

station station

Final train train Final Primary train train Primary

1 2 3 4 5 6 7 9

______(The supervisor or his authorized representative) (signature) (name, surname)

______(organizer reference: name, phone number, Email) ______

Annex No. 10 of Network statement of Public railway infrastructure for 2020-2021

10. Description of the Requirements for Determination and Evaluation of a Threshold Quota Applicable on the Congested Section of Public Railway Infrastructure

CHAPTER I GENERAL PROVISIONS

1. The Description of the Requirements for Determination and Evaluation of the Threshold Quota Applicable on the Congested Section of Public Railway Infrastructure (hereinafter referred to as the Description) establishes the requirements for setting a threshold quota applied on the congested section of public railway infrastructure (hereinafter referred to as the threshold quota) and the procedure for applying results of monitoring the use of public railway infrastructure capacity in view of the threshold quota. 2. The terms used in the Description have the meanings as they are defined in the Railway Transport Code of the Republic of Lithuania.

CHAPTER II THRESHOLD QUOTA SETTING REQUIREMENTS

3. The threshold quota is set by 1 October of each current year at the latest according to the results of using public railway infrastructure capacity on the congested section of the public railway infrastructure based on the last expired working timetable. 4. The threshold quota is determined as a percentage of total capacity on the congested section of public railway infrastructure, which is allocated to applicants during the entire validity period of the last expired working timetable (allocated capacity that has been waived by the applicants under the procedure established by the Code are excluded, while capacity that has been cancelled in the cases defined in the Code are included) and actual capacity used during the same period. 5. If during the entire validity period of the last expired working timetable no sections of public railway infrastructure have been declared congested, then the same threshold quota is set as for the last expired timetable during the validity period whereof the relevant sections of public railway infrastructure have been declared congested. 6. The estimated threshold quota is applicable for the validity period of the working timetable to enter into force in the year following the end of the validity period of the working timetable during which the threshold quota has been calculated. CHAPTER III THRESHOLD QUOTA EVALUTION

7. To evaluate the threshold quota, in each calendar month of the validity period of the working timetable, monitoring of the use of public railway capacity is performed based on the actual data of public railway capacity used for the previous calendar month of the relevant period, and an analysis of these data is made. This analysis identifies public railway infrastructure capacity which has been used less on the congested section of public railway infrastructure during the calendar month being evaluated (the use is determined by assessing a percentage ratio of total planned capacity allocated, except for waived by the applicant in accordance with the procedure established by the Code, to actual capacity of public railway infrastructure) than the threshold quota published in the Network Statement for the relevant working timetable, as well as it is assessed that the use of capacity may be less than the established threshold quota due to non-economic reasons beyond the applicant’s control: 7.1. circumstances of force majeure; 7.2. repair of public railway infrastructure;

7.3. rail traffic disruptions. 8. Upon identification of public railway infrastructure capacity referred to in Item 7 of the Description, the applicant in respect whereof the fact of unused capacity of public railway infrastructure has been identified is informed not later than the next working day. 9. If the applicant does not prove otherwise within 5 (five) working days from the date of receipt of information referred to in Item 8 of the Description (in case of force majeure), the applicant is deemed not to have used the identified capacity of public railway infrastructure due to economic reasons. 10. Upon identification of public railway infrastructure capacity the use whereof was lower than the established threshold quota during the analysed month in accordance with Items 7 and 9 of the Description, the public railway infrastructure manager adopts a decision to cancel the part of capacity that has not been used. 11. Capacity is cancelled for the two coming months or for the remaining period when the capacity use analysis is made two months prior to expiry of the working timetable.

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Annex No. 11 of Network statement of Public railway infrastructure for 2020-2021

11. Standard form of contract for the use of public railway infrastructure

m. d. No. Vilnius

The public company „Lithuanian Railway Infrastructure“, legal entity code shall contain the code, whose registered office is at recorded addresses, represented by recorded personal data (position, name, surname), acting in accordance with the operation recorded basis (hereinafter – the manager), and railway company (carrier), legal entity code shall contain the code, whose registered office is at recorded addresses, represented by recorded personal data (position, name, surname), acting in accordance with the operation recorded basis (hereinafter - the carrier),

bearing in mind this, and in accordance with the procedures established by international treaties and legislation: a) The public company „Lithuanian Railways Infrastructure” has been designated as the manager of the public railway infrastructure under Article 23 (1) of the Railway Transport Code of the Republic of Lithuania; (b) The carrier holds a railway undertaking (carrier) license issued by the issuing organization, No. XXXXXXXX; (c) Carrier holding a safety certificate (Part A and B): Part A issued record date, issuing organization No. XXXXXX; Part B issued record date Lithuanian Transport Safety Administration (hereinafter - LTSA), No. XXXXXXX; (d) The carrier's civil liability shall be covered by compulsory civil liability insurance for the entire duration of the contract for the use of public railway infrastructure; e) The rolling stock legally owned and / or used by the Carrier is registered, the rolling stock has been issued permits to use it in the territory of the Republic of Lithuania and the maintenance of these rolling stock is carried out in accordance with the procedure established by legal acts; (f) The driver's train driver holds valid and valid train driver's certificates and / or certificates of entitlement to drive rolling stock issued in third countries and other personnel directly or indirectly involved in the work in the case of rail transport, the certificates of natural persons whose work is directly or indirectly linked to railway transport; (g) the carrier is listed in Annex 5 to the Agreement on the International Carriage of Goods by Rail (hereinafter referred to as SMGS) for the entire duration of the Contract for the Use of Public Rail Infrastructure and has concluded the agreements necessary for the organization and operation of international rail freight; (applies to those companies that intend to provide international freight service) h) The public company „Lithuanian railway infrastructure“ is a national security an important company, and the public railway infrastructure - ensuring national security of strategic importance with infrastructure, respectively Carrier understands that the manager is the national security importance and therefore to the contract signing or the contract during the term the Republic of Lithuania's national security to ensure protection of important objects in accordance with law can be seen in the contract and (or) carrier's compliance with the national security interests; i) During the term of the Contract the Carrier meets the condition specified in Article 28 (2) of the Railway Transport Code of the Republic of Lithuania (hereinafter - the Code) (applies to those companies that intend to provide international freight service),

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concluded the use of public railway infrastructure contract (hereinafter - Contract).

I. GENERAL PROVISIONS

1.1. These are the concepts written in capital letters and used in the Treaty, its annexes and (or) supplements will have the following meanings:

Local Legislation - the regulatory enactments adopted by the Manager relating to and / or affecting the performance of the Agreement, which are listed at https://ltginfra.lt/en/normine-technine- dokumentacija . Station book - a document that establishes the procedures for the use of the railway station’s technical equipment, for the safe and uninterrupted reception, release and transit of trains, as well as for safe manoeuvring and working conditions. Train cancellation - failure of a train scheduled in the working timetable to depart from the original railway station, the departing train to the final railway station specified in the working timetable or to the Lithuanian border when the train departs from the territory of the Republic of Lithuania on the initiative and where passengers are carried to the terminal by means of other means of transport arranged by the public railway infrastructure manager in the event of failure of the passenger train to reach the terminal. Written - means of communication where information is transmitted to the Manager or the Carrier by signature, sent by post, e-mail or facsimile. 1.2. Other terms used in the Agreement, its annexes and / or supplements, but not defined, shall be understood and interpreted as defined in the laws of the Republic of Lithuania and other legal acts in force on the date of signing the Agreement regulating railway transport activities. 1.3. The Contract is concluded in accordance with the Civil Code of the Republic of Lithuania, the Code, the Law of the Republic of Lithuania on Railway Traffic Safety, the Law of the Republic of Lithuania May 19 Resolution No. 610 of the Government of the Republic of Lithuania on the Calculation and Publication of the Minimum Access Package Fee, the Calculation of the Minimum Access Package Fee payable by a particular railway undertaking (carrier) May 19 Resolution No. 611 "Approval of the Rules for the allocation of capacity of public railway infrastructure" (hereinafter the "Rules for the allocation of capacity"), other legal acts regulating the railway transport operation in force at the date of signing the Contract. 1.4. The titles, references, headings or other descriptive terms of the Parts of this Agreement shall be used for convenience only and shall not be of fundamental importance for the interpretation of this Agreement and the evaluation of its provisions. II. SUBJECT MATTER OF THE CONTRACT 2.1. The subject matter of the contract is a minimum access package. 2.2. The Operator may provide other services not specified in the Contract to the Carrier under separate agreements between the Operator and the Carrier. The list of the services provided by the Manager is published on the Manager's website at https://ltginfra.lt/en/gelezinkeliu-paslaugu-irenginiai . III. STATEMENTS AND WARRANTIES OF THE PARTIES 3.1. The Parties hereby declare and warrant to each other that: 3.1.1. The Party is a properly constituted and lawfully operating entity; 3.1.2. in concluding the Agreement, the Party does not violate any binding legislation, obligations or agreements; 3.1.3. The party is solvent, is not subject to limitation, is not the subject of proceedings for restructuring or liquidation, has not suspended or restricted its activities and is not the subject of insolvency proceedings; 3.1.4. The Party has taken all legal steps necessary for the proper conclusion and validity of the Contract. The Contract is a valid, legal and binding obligation of a Party, the performance of which may be required under the terms of the Contract; 3.1.5. The Agreement is concluded by the free will of both Parties; The Parties have shown good faith and good faith to each other in the preparation and signature of the Agreement, disclosing to each

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other all information known to them which is material to the conclusion and performance of the Agreement and deliberately not providing each other with any misleading information; 3.1.6. The Carrier expressly understands that Local Laws may be amended by the Governor who prepared and approved them without the consent of the Carrier; 3.1.7. The Carrier is familiar with the Local Legislation and the published Regulations of the Public Railway Infrastructure Network, before signing the Contract, agrees with their content and application in these Local Legislation, changing what is necessary to ensure their application to the Carrier. IV. USE OF PUBLIC RAILWAY INFRASTRUCTURE RESTRICTIONS 4.1. When the Carrier's train cannot run according to the queue set out in the train timetable, the Manager shall determine the priority of passing the trains according to the Order of the Minister of Transport and Communications of the Republic of Lithuania of 1996. September 20 Order no. 297 “Approval of Technical Regulations for Railway Operation” approved by Clause 18.9 of the Technical Regulations for Railway Operation. 4.2. The Manager shall inform the Carrier, if any repairs, modernization, renewal, development and other works of the public railway infrastructure resulting in cancellation of the Carrier's trains or changes in the route and time of their operation shall inform the Carrier of the description of the Railways' Deputy Director-General for Railway Infrastructure 2018. May 11 Order no. IS (DI) -71 on Approval of the Description of the Procedure for Disruption of Rail Traffic. 4.3. In the event of a railway accident, of a rail traffic accident, of a rail transport accident, and when absolutely necessary in the event of a technical malfunction, the provisions of Chapter X of the Capacity Allocation Rules shall apply. V. OBLIGATIONS OF THE PARTIES USE OF PUBLIC RAILWAY INFRASTRUCTURE 5.1. Obligation of the carrier to comply with international agreements and legal acts: 5.1.1. using the allocated capacity, the Carrier undertakes to comply with the requirements of the laws and regulations of the Republic of Lithuania, the requirements of local legislation, the Station books of the railway stations on the routes and the temporary traffic organization instructions. The train station books and temporary traffic organization instructions are provided to the Carrier by e-mail: [email protected]; 5.1.2. respect the rights, legitimate interests and public policy of third parties when using public railway infrastructure; 5.1.3. to fulfil reasonable requirements of the employees authorized by the Manager (Annex 4 to the Contract) necessary for the use of the public railway infrastructure to ensure the safety of railway traffic and to create all necessary conditions necessary for the implementation of the Contract conditions or checking their feasibility; 5.1.4. to co-operate with the Manager in the development, implementation and / or improvement of the railway safety management system on the following issues related to the manager's railway safety management system: 5.1.4.1. risk management; 5.1.4.2. compliance with existing, new and amended technical and operational standards or other mandatory conditions; 5.1.4.3. management of major changes to the railway system which have a negative impact on railway safety; 5.1.4.4. arrangements for the exchange of information within the organization and, where appropriate, between other persons operating on the public railway infrastructure; 5.1.4.5. rail accident, rail accident, rail accident investigation and emergency management; 5.1.4.6. the competence of the staff and the compliance of the rolling stock with the required requirements; 5.1.5. The Carrier shall take measures to inform its employees in due and timely manner about the requirements of legal acts necessary for the implementation of the Contract and / or their amendments and shall ensure that the employees comply with them in performing their functions; 5.1.6. The Carrier shall make the Station Book available to the staff who are required to apply it at work; 5.1.7. The carrier has declared in writing that it has concluded the agreements necessary for the organization and operation of international carriage of goods by rail.

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5.1.8. The carrier expressly confirms and warrants that he will not carry out the activities referred to in Article 28 (2) of the Code. (applies to those companies that intend to provide international freight service) 5.2. Obligations of the carrier regarding to the rolling stock in use: 5.2.1. use only technically sound rolling stock registered in accordance with the procedure established by the legislation. The technical condition of these rolling stock shall comply with the technical and operational requirements established by legal acts and by the keeper (the relevant rolling stock signalling and safety equipment, communication and other equipment shall be compatible with the parameters of the public railway infrastructure); 5.2.2. Ensure the legal operation, maintenance and operation of the traction unit equipment required by law; 5.2.3. at least 10 (ten) business days prior to the use of traction units in public railway infrastructure to inform the Manager in writing of their intention to use traction units other than those specified to the Manager prior to signing the Contract, including renewal or upgrading of existing traction units a list of rolling stock; 5.3. Obligations of the carrier regarding to the staff: 5.3.1. The Carrier undertakes to ensure that its employees (or hired third parties), whose work is directly or indirectly related to railway traffic, comply with the requirements of the laws and regulations of the Republic of Lithuania regulating railway transport operations, especially regarding railway traffic safety, including having the necessary qualifications and language skills for the job; 5.3.2. In the event of a railway accident, rail accident or rail accident, the Carrier shall, upon the request of the Manager, provide without delay, but no later than 3 working days after receipt of this request, all data, including personal data, required to complete the railway accident. , accident and incident, in accordance with the requirements of the laws and regulations of the Republic of Lithuania regulating railway transport activities. 5.4. Obligations of the carrier regarding the process of formation of the train and the provision of information: 5.4.1. The Carrier undertakes to provide the Manager by e-mail if the carrier's train departure station is located in the territory of the Republic of Lithuania at least three hours prior to departure from the initial train station. tel.: [email protected] (tel: 8 (5) 269 3896 for inquiries) train release plan (Annex 3). 5.4.2. before the departure of the train from the initial railway station of the Republic of Lithuania, the Carrier undertakes to present to the signalman of the railway station duly completed and certified. The Train Leaflet shall be completed in accordance with the Train Leaflet Formatting Instructions (70 / E) approved by the General Director of AB Lietuvos Geležinkeliai on June 2003. November 4, Order no. I-509, by amending what is to be amended in this Local Law to ensure its application to the Carrier insofar as this is not contrary to the laws of the Republic of Lithuania. In addition, information on the goods carried shall be given on the train waybill, indicating the codes of the General Nomenclature of Goods; 5.4.3. if the train travels to the terminal railway station for the purpose of keeping all or part of the trains on the railway station tracks for more than 24 (twenty-four) hours, the Carrier having a valid contract for the provision of services at the railway service facilities shall submit a service order form in accordance with the rules set out in the rules for the provision of services for the 2018-2019 working timetable period. 5.4.4. By the 6th (sixth) day of each month, the Carrier undertakes to submit to the Manager, in a free format, in electronic form information on the performance (section no., Train km, tkm gross) generated by the Carrier using the public railway infrastructure capacity of the previous month; 5.4.5. The Carrier shall ensure that its drivers are able to transmit and / or receive the Manager's information via GSM-R on each train; 5.4.6. The carrier undertakes to release the public railway infrastructure using its allocated capacity no later than 24 (twenty four) hours. If the Carrier refuses to enter into a Contract for the provision of Services at railway facilities or for any other reason, the Manager, after informing the Carrier of his intention and giving the Carrier an additional 24-hour period, has the right to the manager to carry on business. To this end, the Manager shall have the right to call on the assistance of other railway undertakings (carriers) or third parties. The Carrier shall reimburse the Manager for the costs incurred in this connection.

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5.4.7. The Carrier shall submit to the Manager every 10 calendar days, up to the 15th day of the current month for the 1-10 days of the current month, until the 25th day of the current month for the 11- 20th day of the current month respectively traction vehicle safety systems logs (scanned KLUB-U recording cartridge files) as specified by the manager. In the event of a rail accident, rail accident or rail transport accident or of the driver's request, the Carrier shall provide the photograph (s) of the speedometer strip (s) or the scanned KLUB-U recording cassette file (s) no later than within 24 hours of removal of the tape or recording cassette from the vehicle's speedometer or safety system (submission deadline may not exceed 48 hours from the time of the Manager's request). In the event that it is not possible to properly decrypt the data from the tape, the Carrier shall submit the original tape to the Manager within 48 hours of the request of the Manager. 5.4.8. Operator contact person for operational matters - record position, name, email: [email protected]. 5.5. Other obligations of the Carrier: 5.5.1. The Carrier undertakes to comply with the requirements of the Manager's train drivers and station managers arising from the Contract, laws of the Republic of Lithuania or other legal acts; 5.5.2. The Carrier undertakes to comply properly and in a timely manner with the instructions of all competent public authorities regarding the use of public railway infrastructure, railway traffic safety and to inform the Manager immediately, but not later than within 2 (two) business days of the instructions, decisions, decisions and which may affect the rights of the Carrier to use the public railway infrastructure; 5.5.3. The Carrier undertakes not to obstruct the Manager in exercising the powers and rights conferred on him by the laws and regulations of the Republic of Lithuania, the Local Law and the Contract; 5.5.4. to perform other duties provided for in the Agreement and legal acts of the Republic of Lithuania. 5.6. Obligations of the manager regarding local regulations, technical and / or railway safety requirements: 5.6.1. The Manager, upon request of the Carrier, to submit the Local Legislation in printed or electronic form, undertakes to submit these documents to the Carrier before signing the Contract for a fee covering the direct costs of providing information; 5.6.2. The Manager undertakes to publish Local Laws, their drafts and amendments thereto on the Manager's website https://ltginfra.lt/en/normine-technine-dokumentacija and to inform the Carrier by email: [email protected]. 5.7. Responsibilities of the manager concerning the quality of the public railway infrastructure: 5.7.1. The Manager undertakes to ensure that the quality of the public railway infrastructure is in compliance with the legal requirements and is suitable for carrying out the activities of the Carrier; 5.7.2. In order to properly implement Article 5.7.1. , the Manager shall have the right to carry out repairs to the public railway infrastructure: 5.7.2.1. the Manager informs the Carrier about immediate or unforeseen repairs of public railway infrastructure within the terms specified in Clause 4.2 of the Contract; 5.7.2.2. The manager shall take all reasonable steps to propose to the carrier the next departure time of the train, in order to minimize the negative impact on the Carrier of the repairs of the public railway infrastructure. Failure to provide a different train departure time shall be subject to the procedure set out in the schedule for the determination and award of fines for the disruption of train traffic and the compensation of undertakings affected by such disturbances. 5.8. Checks and instructions by the controller: 5.8.1. The Manager shall be entitled to carry out the checks listed in Annex 4 in order to ascertain that the Carrier is duly fulfilling its contractual obligations and, subject to the results of the inspection, to take the measures specified in Article 5.10 of the Agreement. 5.9. Other obligations of the Manager: 5.9.1. The Manager undertakes to provide access to the public railway infrastructure by using the capacity assigned to the Carrier by the Manager; 5.9.2. The Manager undertakes to provide the minimum access package and other services under the Agreement;

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5.9.3. The Manager undertakes to provide the Carrier with access to data on the mileage, repairs, technical parameters of freight wagons which the Carrier will transfer or receive in the course of international carriage of goods by rail in the Operational Computerized Information System (OPKIS). eg freight wagon types, models, lengths, payload, tare weight, freight wagon registration; 5.9.4. The manager undertakes to do so by the 18th of the current month. to submit to the Carrier a report on the actual use of the public railway infrastructure capacity of the Carrier during the previous month; 5.9.5. The Manager shall provide the Carrier with monthly summary reports on cancelled and delayed trains in accordance with the procedure laid down in the Procedure for the Determination and Compensation of Train Disruptions and Compensation to Companies Affected by such Disruptions; 5.9.6. To perform other duties provided for in the Agreement and legal acts of the Republic of Lithuania. 5.10. Agreements between the Parties: 5.10.1. The Parties agree that the Manager, by means of automatic control of the rolling stock technical condition of rolling stock, in case of defects of the Carrier's rolling stock or in the Rules of Freight Transport by Rail approved by the Minister of Transport of the Republic of Lithuania June 20 Order no. 174 on Approval of Rules for Freight Carriage by Rail, SMGS, International Rail Waybill (CIM), Railway Rules approved by Minister of Transport and Communications of the Republic of Lithuania of 1999. December 30th Order no. 452 "Approval of Railway Traffic Rules" (hereinafter "Railway Traffic Rules"), the Contractor will take the following measures in cases specified in the Contract which present a direct threat to the safety of railway traffic during the operation of the Carrier’s trains: 5.10.1.1. The Governor shall decide, in accordance with the procedure laid down by law, that the train is to run; 5.10.1.2. The Manager shall immediately notify the person authorized by the Carrier by telephone about this case, who shall arrive at the place specified by the Manager within a time limit specified by the Manager and not later than 6 (six) hours and immediately, upon confirmation of the Manager's conclusion, take immediate measures; 5.10.1.3. If the person authorized by the Carrier fails to arrive at the place specified by the Manager in the time specified in Clause 5.10.1.2 of the Agreement, the Manager fails to contact the person authorized by the Carrier or the Carrier does not immediately take measures to eliminate the existing discrepancies. the LTSA shall inform the LSA of the actions specified in the clause and in accordance with the procedure established by legal acts; 5.10.2. The Parties agree that the information procedure set out in clauses 5.10.1.1 to 5.10.1.3 of this Agreement shall also apply where the acts or omissions of the Carrier's train drivers or other staff directly or indirectly involved in railway traffic result in the Manager concluding that the state of health of the persons does not meet the requirements established by legal acts; 5.10.3. The Parties agree that in the cases specified in clauses 5.10.1 and 5.10.2 of this Agreement and Annex 4 of the Agreement, the costs and losses incurred by the Manager shall be reimbursed by the Carrier and, if this conclusion is not confirmed, by the Carrier. In the event of the cancellation or delay of trains by other railway undertakings (carriers) in these cases, the requirements of the description of the procedure for setting and awarding fines for the disruption of trains and for the undertakings affected by such disruptions shall apply. 5.10.4. The Parties hereby agree to cooperate in order to ensure that the Carrier uses technically sound traction rolling stock on the public railway infrastructure. This cooperation (including, but not limited to, monitoring of traction rolling stock breakdowns, as appropriate, the identification of the measures aimed at the decrease of cases of breakdowns of the equipment, traction rolling stock inspections, and, as appropriate, mutual consultation and making of recommendations) shall be carried out in accordance with the cooperation rules approved in accordance with procedure established by the Public Railway Infrastructure Manager and approved after the consultations with railway undertakings (carriers), applicants and other persons. 5.11. The Parties hereby agree that the preparation and correction of the data of electronic maps designed for the safety systems of rolling stock necessary for the operation of the Carrier's trains on the public railway infrastructure shall be performed by the Public Railway Infrastructure Manager. If the rolling stock safety system used by the Carrier, for which the Public Railway Infrastructure Manager must create an

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electronic map of the public railway infrastructure, is not adapted to the software available to the Public Railway Infrastructure Manager, the Carrier shall provide the Public Railway Infrastructure Manager with the software (tools) necessary for creating these maps. 5.12. The Parties undertake to ensure that all representations and warranties contained in this Section of this Agreement will remain in effect during the term of this Agreement. The Parties undertake to inform each other promptly of any change in the present and / or eventual circumstances relating to the representations and warranties, whether or not such circumstances arise and / or change at the will of the Party. 5.13. In order to ensure the safe operation of the railway system and the control of risks to railway safety, the Parties undertake to cooperate in the implementation of their railway safety management systems by exchanging information related to this implementation, coordinating major changes to the railway safety management system, or (ar) consultations to discuss problems with the implementation of this system. VI. ELIMINATION OF RAILWAY CATASTROPHES, TRAFFIC INCIDENTS AND ITS DAMAGES 6.1. Railway catastrophes, accidents and incidents and their consequences shall be eliminated in accordance with the Regulations on Reporting of Railway Traffic Accidents, Accidents and Incidents, Investigation of Railway Disasters, Accidents and Incidents and their consequences approved by the Minister of Transport and Communications of the Republic of Lithuania December 23 Order no. 3-351 (1.5E) on the Adoption of Provisions for the Notification of Railroad Casualties, Accidents and Incidents, the Investigation of Railway Disasters, Accidents and Incidents, and the Response thereof, as amended and supplemented. 6.2. The carrier’s employees related to or having seen the railway accident, accident or incident shall immediately inform the manager's responsible personnel. 6.3. When a train stops at an interchange or at a railway station, the Driver of the Carrier shall inform the responsible staff of the Manager and other drivers of the running trains and shall continue to operate in accordance with the Railway Traffic Regulations and the Regulations of theCEO’s 2017 November 28 Order No. In-712 requirements. 6.4. Upon receipt of notification of a railway accident, traffic accident or incident, the carrier shall appoint a representative who must arrive at the place of emergency of the railway transport accident, accident or catastrophe to work in an organized operational group that will perform the remediation work on the public railway infrastructure. No later than the following day, the Carrier shall designate responsible staff to participate in the investigation and collection of the investigation into a rail accident, accident or incident and shall promptly provide the Manager, upon request, with the Carrier's Rolling Stock, personnel qualifications, other information and documentation; documents necessary for a proper investigation of the railway accident, accident or incident. 6.5. The Manager has the right to use the Traction Vehicle or other rolling stock of the Carrier in liquidation of the consequences of a railway transport accident, traffic accident or incident. If the railway accident, traffic accident or incident is not the fault of the Carrier, the Manager shall indemnify the Carrier for the loss suffered by the Carrier due to the use of its traction units or other vehicles. 6.6. The keeper shall have the right to withdraw the rolling stock of the Carrier from the public railway infrastructure, if such rolling stock impedes the return of normal train movements. To this end, the Manager, after informing the Carrier, shall have the right to resort to the assistance of other railway undertakings (carriers) or third parties through the means of information specified in the Contract. 6.7. Costs related to the elimination of the consequences of a railway transport accident, traffic accident or incident shall be reimbursed by the Contracting Party whose fault (or its employees and third persons employed) is established in accordance with the procedure established by the Republic of Lithuania Law on Railway Safety. Where such damage is caused by the fault of others, the costs of dealing with the consequences of a railway accident, accident or incident shall be reimbursed in accordance with the procedure prescribed by law. VII. CALCULATION AND PAYMENT OF THE MINIMUM ACCESS PAYMENT 7.1. The carrier shall pay the Manager a fee for the minimum access package (hereinafter referred to as the Fee), including value added tax. The fee shall be calculated in accordance with the Rules for Calculation and Publication of the Minimum Access Package, the Calculation and Payment of the Minimum Access Package payable by a particular railway undertaking (carrier), approved by the Government of the Republic of Lithuania May 19 Resolution No. 610 "On Calculation and Publication of Fees for Minimum Access Packages, Approval of Rules for Calculating Fees for Minimum Access Packages and Payment of Specific

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Railway Undertaking (Carrier)" and other legal acts regulating the calculation and application of value added tax. 7.2. Tariffs of charges are set by the Order No. 2BE-232 of 11 December 2017 of the Lithuanian Transport Safety Administration “Regarding the Pricing of the Minimum Access Package”. 7.3. The train mileage is calculated according to the General Manager of AB Lietuvos Geležinkeliai in 2016. December 30th Order no. To-1010 Approval of List of Line Sections. 7.4. The procedure for payment of the fee was established by the Resolution No. 610 of 19 May 2004 of the Government of the Republic of Lithuania “Regarding Calculation and Publication of Minimum Access Package Fees, Calculation of the Minimum Access Package Fees payable by a particular Railway Undertaking (carrier) and Approval of the Payment Rules”. 7.5. All costs related to the carrier’s financial operations at the payer's bank shall be borne by the carrier. VIII. LIABILITY OF THE PARTIES 8.1. The Manager shall be liable for any injury or loss of life caused to the Carrier's employees due to his fault, as well as for loss, destruction or damage of the Carrier's property, if the damage (loss) specified in this clause and the occurrence of damage (loss) is attributable to the failure of the public railway infrastructure or the failure or improper fulfilment of the Contractor's obligations under the Contract. When applying for damages, the Carrier must provide the Governor with documents confirming the loss suffered. 8.2. The Manager shall not be liable for the Agreement 8.1 the occurrence of the damage (loss) referred to in point (a) if the event: 8.2.1 is not related to the public railway infrastructure or the obligations of the Manager under the Contract and the Manager could not prevent or prevent such damage (loss); 8.2.2. was caused by the fault of a third person who suffered the damage (loss); 8.2.3. caused by the fault of third parties independent of the Governor, even though the Governor has taken reasonable precautions to prevent such damage; 8.2.4. caused by the Carrier's fault and / or instructions given by the Carrier. 8.3. The Manager shall not be liable for any non-material damage, including, but not limited to, loss of customers, trademark damage resulting from damage to the Carrier. 8.4. The Manager undertakes to pay all compensation and expenses incurred by the Carrier directly related to the actions and measures taken by the Carrier to prevent a railway accident, accident or incident for which the Carrier is guilty, unless it is proved that these costs are disproportionate and unreasonable. 8.5. The Carrier shall be held liable and shall indemnify the Manager for any loss sustained by the Carrier as a result of his or her personal injury or loss of life, loss, destruction or damage of the Asset, the use of the public railway infrastructure, its acts or omissions, or the occurrence of damage (loss) is attributable to the failure of the Rolling Stock operated by the Carrier or the failure or improper performance of the Carrier's obligations under the Contract. When applying for damages, the Manager must provide the Carrier with documents confirming the loss suffered. 8.6. The Carrier shall not be liable for the damage (loss) specified in Clause 8.5 of the Contract, if the event: 8.6.1. is not related to public railway infrastructure and the Carrier could not prevent or prevent such damage (loss); 8.6.2. was caused by the fault of a third person who suffered the damage (loss); 8.6.3. caused by third parties independent of the Carrier, even though the Carrier has taken reasonable precautions to prevent such damage; 8.6.4. was caused by the Manager's fault and / or instructions given by him. 8.7. The Carrier shall bear all compensation payments and expenses of the Manager directly related to the actions and measures taken by the Manager to prevent a railway accident, accident or incident for which the Carrier is responsible, unless such costs are proved to be disproportionate and unreasonable. 8.8. The Carrier shall not be liable for any non-material damage, including, but not limited to, loss of customers, trademark damage resulting from damage to the Manager. 8.9. The Parties agree that in the event of damage to the Manager and the Carrier due to the fault of the other Party or both Parties, each Party shall be liable for any damage caused by its actions and, if the liability of each Party is not identifiable, and losses.

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8.10. The Parties shall pay 0.1 (one-tenth) percent of any monetary obligation (other than the obligation to pay train charges) arising from or in connection with the Contract. interest on arrears including VAT for each calendar day of delay, up to the due date for the obligation. 8.11. Except as provided by law, the payment of interest or penalties shall not relieve the Parties of their obligations. IX. FORCE MAJEURE 9.1. The Parties shall be released from liability for improper performance of their obligations under the Agreement due to force majeure. For the purposes of this Agreement, force majeure shall mean any event or phenomenon beyond the control of the Parties as set forth in Article 6.212 of the Civil Code of the Republic of Lithuania and the Force Majeure Exemption Rules approved by the Government of the Republic of July 15 Resolution No. 840, with subsequent modifications and additions. In determining the circumstances of force majeure, the Parties shall be guided by the Resolution of the Government of the Republic of Lithuania of 13 March 1997. Resolution No. 222 "On the Approval of the Procedure for the Issuance of Certificates of Force Majeure" or its regulatory enactments. 9.2. The Party which due to force majeure circumstances cannot fulfil its obligations under the Agreement shall immediately, but not later than within 10 (ten) calendar days from the beginning of the inability to perform this Agreement, inform the other Party thereof. Delayed notification or failure to provide information shall disqualify the other Party from invoking force majeure as a basis for relieving you of liability for default or failure to fulfil obligations. 9.3. In the event of force majeure preventing one of the Parties from performing its obligations under the Agreement for a period exceeding 6 (six) months, either Party shall have the right to terminate the Agreement upon 30 (thirty) days written notice to the other Party. X. COMPULSORY CIVIL LIABILITY INSURANCE 10.1. The Carrier shall ensure that its civil liability is covered by statutory civil liability insurance for the entire duration of the Contract in accordance with the law and that the terms and conditions of the Insurance Contract fully reflect the activities carried out under this Contract. XI. APPLICABLE LAW AND DISPUTE SETTLEMENT PROCEDURE 11.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Lithuania. 11.2. In cases stipulated by the legal acts of the Republic of Lithuania, the Parties shall follow the pre-litigation dispute settlement procedure. 11.3. Any dispute or disagreement arising out of or in connection with the Contract or any provision thereof, or any other disagreement arising out of or in connection with the Contract, shall be resolved by negotiation between the Parties. Failing an amicable settlement within 1 (one) calendar month from the date of submission of a written claim, complaint or other equivalent document by one Party to the other Party, the dispute shall be submitted to the courts of the Republic of Lithuania in accordance with its laws. XII. CONTRACT VALIDITY, AMENDMENT AND TERMINATION OF THE AGREEMENT 12.1. This Agreement shall be considered as having been signed by authorized representatives of the Parties. The contract shall take effect from the date of the decision to allocate capacity to the applicant or repairer and shall remain in force until the date to be entered. 12.2. This Agreement may be supplemented and modified by mutual written agreement between the Parties. 12.3. If during the term of the Agreement changes in the procedure of taxation of the services provided by the Manager, the amount of VAT and (or) the rates of fees approved by the LTSA and / or the fees of additional services provided by the Manager change, 12.4. If the Manager, in signing the Public Rail Infrastructure Contract with other railway undertakings (carriers), contains in these contracts other material terms concerning the obligations (except contact information) and / or termination of the Public Rail Infrastructure Contract, the Manager shall undertake within 20 (twenty) ) to inform the Carrier thereof and to initiate the amendment of the provisions of Chapters V and XII of the Contract within calendar days from the occurrence of the circumstances provided for in this Clause; 12.5. At the request of one of the Parties, the Agreement may be terminated prematurely in case of material breach of the Agreement by giving written notice to the other Party at least 30 (thirty)

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calendar days in advance. Upon receipt of the notice of early termination of the Contract, the guilty party shall have the right to rectify the violations within the specified period of 30 (thirty) days. Upon rectification of the specified violations, the Party shall lose its right to terminate the Agreement prematurely out of court. 12.6. The Parties agree that the following shall be considered a material breach of the Agreement: 12.6.1. Sale and / or other transfer of capacity provided to the Carrier; 12.6.2. Failure by the carrier to fulfil the conditions laid down in Article 28 (1) of the Code for the use of public railway infrastructure; 12.6.3. Suspension or revocation of Part A or B of the Air Operator Safety Certificate; 12.6.4. The carrier's delay in paying the VAT invoices submitted by the Manager shall exceed 30 (thirty) calendar days from the date of payment indicated on the VAT invoice. 12.6.5. Failure of the manager to comply with Articles 23 (3) and 24 of the Code. 12.6.6. If, upon the additional written Infrastructure Manager‘s notice to Carrier and setting a term not shorter than 10 calendar days, the Carrier has not provided data registered by the safety devices and speedometer of the rolling stock specified in Clause 5.4.7.3 of the Agreement. 12.7. In the event of termination of the Agreement in the cases specified in Clause 12.6 of the Agreement, the guilty Party shall indemnify the other Party for all losses caused by such termination. 12.8. If the Contract (Carrier) is declared incompatible with the national security interests in accordance with the Law on Protection of Objects of National Security for the National Security of the Republic of Lithuania, the Manager shall unilaterally terminate the Contract The decision (resolution) of the Government of the Republic of Lithuania declaring the Contract (Carrier) to be incompatible with the interests of national security does not provide otherwise. In the event of the circumstances specified in this clause of the Agreement, the Carrier shall pay for the services provided by the Manager under the Agreement no later than by the end of the following month. The Manager shall not be liable for any direct and / or indirect loss suffered by the Carrier and / or its affiliated parties as a result of the Contract (Carrier) being declared incompatible with national security interests. 12.9. Upon termination or expiration of this Agreement, the financial obligations of the Parties and any other obligations that, by their nature, will continue after the termination of the Agreement, shall remain in full force and effect. 12.10. The Agreement is made in the Lithuanian language in two (two) copies having equal legal force, one copy for the Parties to the Agreement. XIII. OTHER CONDITIONS 13.1. For the purpose of administration and performance of the Contract, the Carrier shall be assigned an identification code (XX). 13.2. The Parties agree that all information related to the Agreement, including but not limited to information provided by the Parties during the negotiations, shall be kept confidential and shall not be disclosed to any third parties except as required by the laws of the Republic of Lithuania. The Parties agree that information relating to this Agreement may be disclosed to the Parties 'lawyers, auditors and members of the Parties' supervisory and / or governing bodies without the express consent of the other Party. 13.3. The Parties undertake to ensure that all personal data are processed in accordance with the 2016 Convention. April 27 Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) and other legislation regulating. 13.4. Each Party is required to inform its employees of the processing of their personal data by the other Party in accordance with the 2016 Regulations. April 27 The provision of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation); A Party that fails to perform or properly perform its obligations under this Clause shall indemnify the other Party for any resulting loss, including but not limited to fines and / or other financial penalties imposed by State authorities. 13.5. The Parties to the Contract shall be responsible for the confidentiality of the information entrusted to them in connection with the performance of the Contract.

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13.6. The carrier is registered for VAT in the Republic of Lithuania. 13.7. The Carrier declares that, in accordance with the provisions of the Law on Corporate Income Tax of the Republic of Lithuania and the Law of the Republic of Lithuania on Value Added Tax, it is considered an associate / non-associate (related / unrelated) choice with the Manager. 13.8. Unless otherwise provided in this Agreement, all information relating to the Agreement shall be transmitted between the Parties in writing, by fax and / or registered mail, to the addresses and fax numbers of the Parties specified in Chapter XIV of the Agreement. The date of notification shall be the date of dispatch of the fax, e-mail or registered letter. 13.9. The carrier shall be provided with the services provided by the railway infrastructure facilities managed by the Railway Infrastructure Directorate of the Lithuanian Railways during the period of validity of the annual train schedule. 13.10. In the event of a change of address and / or other details of a Party, the Party shall notify the other Party within 5 (five) calendar days from the date of the change. If a Party fails to comply with these requirements, it shall not be entitled to a claim if the action taken by the other Party on the basis of the last information available to it is inconsistent with the terms of this Agreement or has not been notified in accordance with that information. 13.11. The Parties agree that the language of communication and filing of documents between the Parties on the territory of Lithuania shall be Lithuanian. 13.12. The Parties agree that upon the change of the Carrier's documents referred to in Article 13.13 of the Agreement, the Contract shall not be amended and the Carrier shall submit to the Manager certified copies of the changed documents in accordance with the procedure and within the time limits specified in Article 13.10 of the Agreement. 13.13. All annexes to the Agreement form an integral part of the Agreement: Annex 1 - Lines covered by Part B of the Safety Certificate held by the Railway Undertaking / Carrier; Annex 2 - List of traction or self-propelled vehicles owned by the Railway Undertaking (carrier); if any, their operational limitations; Annex 3 - Train release form format Annex 4 - List of inspection areas and units to which inspection personnel belong. XIII. ADDRESSES AND DETAILS OF THE PARTIES

Manager Carrier

AB „Lietuvos geležinkelių infrastruktūra“ Company’s name Mindaugo St. 12, LT-03603 Vilnius Company’s address Company code 305202934 Company code XXXXXX VAT payer’s code LT100012666211 VAT payer’s code XXXXXXXX Company registered in the Register of Legal Registrated address Entities of the Republic of Lithuania Tel. 8 (5) 269 3353 Tel. XXXXXXX

E-mail [email protected] E-mail XXXXXXXX Bank details: Bank details: Swedbank AB XXXXXX Bank account: Bank account: LT21 7300 0101 5917 5126 XXXXXXXXX

Position Position

Name and surname Name and surname

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______

The Contract prepared by: please enter the person's data (position, name, surname, telephone) The person responsible for the control of the implementation of the Contract: please enter the person's data (position, name, surname, telephone)

To be submitted to: Please enter the organisational units

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Annex No. 12 of Network statement of Public railway infrastructure for 2020-2021

12. Standard agreement for the allocation of public railway infrastructure capacity during the validity period of the 2021-2022 working timetable

No. ____, dated ______

Vilnius

The public limited liability company B LTG Infra, legal entity code insert company code, with its registered office at insert address, represented by insert personal data (job position, name, surname), acting under insert basis for acting (hereinafter referred to as the Manager),

and

the applicant, legal entity code insert company code, with its registered office at insert address, represented by insert personal data (job position, name, surname), acting under insert basis for acting (hereinafter referred to as the Applicant), collectively referred to as the Parties,

Whereas and under the procedure established by the legal acts:

a) The public limited liability company LTG Infra in accordance with Article 23 (1) of the Railway Transport Code of the Republic of Lithuania (hereinafter referred to as the Code) is appointed to act as the public railway infrastructure manager; b) The applicant is an international grouping of railway undertakings (carriers), shipper (consignee) or forwarder and with a public-service or commercial interest has procured infrastructure capacity (hereinafter referred to as capacity);

Following Article 29 (5) of the Railway Transport Code of the Republic of Lithuania have concluded the present agreement for the allocation of infrastructure capacity for the validity period of the 2020–2021 working timetable (hereinafter referred to as the Agreement).

I. GENERAL PROVISIONS

1.1. These capitalised terms used in the Agreement and/or supplements thereto shall have the following meanings:

Local Legislation means the regulatory enactments adopted by the Manager relating to and/or affecting the performance of the Agreement and available at: https://ltginfra.lt/en/normine-technine- dokumentacija ;

In the written form means a method of communication where information is transmitted to the Manager or the Applicant in person against signature, sent by post, or e-mail. In the verbal form means information relating to the allocation of capacity transmitted during a phone call on the contact numbers indicated in the Agreement.

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1.2. Other terms used in the Agreement and/or supplements thereto, yet not defined, shall be understood and interpreted as they are defined in the laws of the Republic of Lithuania and other legal acts applicable on the date of signing the Agreement and regulating railway transport activities.

1.3. The Agreement is concluded in accordance with the Civil Code of the Republic of Lithuania, the Code, the Law of the Republic of Lithuania on Railway Traffic Safety, the Law of the Republic of Lithuania on the Fundamentals of Transport Activities, and other legal acts regulating railway transport activities as applicable on the date of signing the Agreement.

1.4. The titles, references, headings of the chapters of the Agreement or other descriptive notes are used for convenience only and shall not materially affect the interpretation of this Agreement nor assessment of its provisions.

II. SUBJECT MATTER OF THE AGREEMENT

2.1. The subject matter of the Agreement is capacity allocated to the Applicant under the procedure established by the legal acts and indicated in the decisions to allocate infrastructure capacity based on applications, last-minute applications, or late applications for the allocation of capacity submitted by the Applicant during the validity period of the 2020–2021 working timetable.

III. REPRESENTATIONS AND WARRANTIES OF THE PARTIES

3.1. The Parties shall represent and warrant to each other that:

3.1.1. The Party is an economic entity dully incorporated and validly existing;

3.1.2. By concluding the Agreement, the Party does not violate any legally binding regulations, obligations or arrangements;

3.1.4. The Party is solvent, its business activities are not subject to any restriction, restructuring or winding-up proceedings are neither brought nor intended against the Party, it has not suspended or limited its business activities, it is not the subject of proceedings for a declaration of bankruptcy, it is not in the process of out-of-court bankruptcy proceedings, nor compulsory winding up proceedings or an arrangement with creditors are sought;

3.1.5. The Party has taken all legal steps necessary for proper conclusion and validity of the Agreement. The Agreement is a valid, legal and binding obligation of the Party, the fulfilment whereof can be demanded under the terms and conditions of the Agreement;

3.1.6. The Parties have concluded the Agreement with a view of implementing its provisions and being able to actually fulfil the obligations assumed under the Agreement;

3.1.7. The Agreement is made by the Parties voluntarily and freely; the Parties have acted in good faith and have dealt fairly with each other during drafting and signing the Agreement, have disclosed to each other all information known to them which is material to the conclusion and performance of the Agreement and have not deliberately provided any misleading information to each other.

IV. OBLIGATIONS OF THE PARTIES

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4.1. The Applicant shall undertake to:

4.1.1. Ensure that capacity allocated to the Applicant is used only by a railway undertaking (carrier) that conforms to the requirements established in the legal acts of the Republic of Lithuania and acts on behalf of the Applicant;

4.1.2. Not later than 30 (thirty) working days prior to the first day of carriage according to capacity allocated to the Applicant, inform the Manager of conclusion of the agreement for the use of capacity allocated to the Applicant with a railway undertaking (carrier) acting on behalf of the Applicant, who has the agreement for the use of public railway infrastructure, or, not later than 50 (fifty) working days prior to the first day of carriage according to capacity allocated to the Applicant, inform the Manager of conclusion of the agreement for the use of capacity allocated to the Applicant with a railway undertaking (carrier) acting on behalf of the Applicant, who has no agreement for the use of public railway infrastructure, with the indication of capacity allocated to the Applicant the right to use thereof is acquired by a railway undertaking (carrier) who acts on behalf of the applicant;

4.1.3. Enter into the agreement for the use of capacity allocated to the Applicant with a railway undertaking (carrier) acting on behalf of the applicant for a period not shorter than the period of capacity allocation to the applicant;

4.1.4. Meet the obligations assumed under the Agreement, amendments and supplements thereto, the requirements contained in the Lithuanian legislation and directly applicable EU legislation;

4.1.5. On request of the Manager, not later than within 3 (three) working days of receipt of such request, submit a copy of the agreement for the use of capacity allocated to the Applicant with a railway undertaking (carrier) acting on behalf of the applicant;

4.1.6. If the details of the Applicant provided in Chapter XII of the Agreement change, notify the Manager in the Written Form of that not later than within 3 (three) calendar days of the day of such changes;

4.2. The Obligations of the Manager:

4.2.1. Upon receipt of information provided pursuant to Clause 4.1.3 of the Agreement, which confirms that the Applicant has an agreement with a railway undertaking (carrier) acting on behalf of the Applicant but having no agreement on the use on public railway infrastructure entered into with the Manager, no later than within 3 (three) working days start negotiations with the railway undertaking (carrier) acting on behalf of the Applicant over conclusion of the agreement on the use of public railway infrastructure;

4.2.2. Meet the obligations assumed under the Agreement, amendments and supplements thereto, the requirements contained in the Lithuanian legislation and the directly applicable EU legislation;

4.2.3. If the details of the Applicant provided in Chapter XII of the Agreement change, notify the Applicant in the Written Form of that not later than within 3 (three) calendar days of the day of such changes;

4.2.4. Performs other duties established in the Agreement and the legal acts of the Republic of Lithuania which are necessary for the fulfilment of the obligations assumed under the Agreement.

4.3. Agreements between the Parties:

4.3.1. The Parties undertake to cooperate fully for the purposes of proper fulfilment of their obligations under the Agreement.

4.3.2. The Parties undertake to ensure that all the obligations of the Parties shall be valid during the effective period of the Agreement. The Parties undertake to inform each other without delay of existing

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and/or possible change of the circumstances related to the obligations of the Parties regardless of whether these circumstances occur and/or change beyond the Party’s control.

V. CALCULATION AND PAYMENT OF THE CHARGE FOR THE MINIMUM ACCESS PACKAGE

5.1. The charge for the minimum access package (hereinafter referred to as the charge) is calculated and paid in accordance with the procedure and within the terms established by the Rules on Calculating and Paying the Charge for the Minimum Access Package and the Charge for Allocated but Unused Capacity of Public Railway Infrastructure approved by the Government of the Republic of Lithuania Resolution No. 610 of 19 May 2004 on the Approval of the Rules on Calculating and Paying the Charge for the Minimum Access Package and the Charge for Allocated but Unused Capacity of Public Railway Infrastructure.

5.2. The charge, including a value added tax, is paid to the Manager by a railway undertaking (carrier) acting on behalf of the Applicant under the Agreement on the Use of Public Railway Infrastructure entered into with the Manager.

5.3. Mutual obligations of the Applicant and a railway undertaking (carrier) acting on behalf of the applicant in relation to payment of the charge are stipulated in the agreement for the use of capacity allocated to the Applicant to be entered into between them.

VI. LIABILITY OF THE PARTIES

6.1. The Manager is held liable if a railway undertaking (carrier) acting on behalf of the applicant is unable to use capacity allocated to the Applicant due to the Manager’s fault (intentional unlawful actions or omission), including, but not limited to, the Manager’s intentional actions or omission resulting in failure to conclude the agreement on the use of public railway infrastructure with the railway undertaking (carrier) acting on behalf of the applicant even though the Manager has been informed within the terms and under the procedure pursuant to Clause 4.1.2 of the Agreement. When applying for compensation of damages, the Applicant must provide the Manager with documents evidencing damage (loss) suffered.

6.2. The Manager shall not be liable for the occurrence of damage (loss) referred to in Clause 6.1 of the Agreement if an action or omission:

6.2.1 is not related to the use of capacity allocated to the Applicant and/or the obligations fulfilled by the Manager under the Agreement, and the Manager could not avoid such damage (loss) suffered by the Applicant or prevent the occurrence thereof;

6.2.2. has been caused by the fault of the Applicant or a railway undertaking (carrier) acting on behalf of the Applicant, including the case where the agreement on the use of public railway infrastructure with the railway undertaking (carrier) acting on behalf of the applicant is not concluded due to in intentional actions or omission of the railway undertaking (carrier) acting on behalf of the applicant;

6.2.3. has been caused by the fault of third parties despite that the Manager has taken reasonable precautions to avoid such damage (loss).

6.3. The Manager shall not be liable for any non-material damage (loss) suffered by the Applicant, including, but not limited to, a loss of the Applicant’s clients, damage (loss) to the trademark resulting from damage (loss) caused to the Applicant.

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6.4. The Applicant shall be held liable and compensate for damage (loss) incurred by the Manager due to the Applicant’s intentional action or omission, including, but not limited to, where the Applicant’s unlawful intentional action or omission have resulted in failure to conclude the agreement on the use of public railway infrastructure with a railway undertaking (carrier) acting on behalf of the applicant. When applying for compensation of losses, the Manager must provide the Applicant with documents evidencing damage (loss) suffered.

6.5. The Manager shall not be liable for the occurrence of damage (loss) referred to in Clause 6.4 of the Agreement if an action or omission:

6.5.1. is not related to the use of capacity allocated to the Applicant and/or the Applicant could not avoid such damage (loss) suffered by the Manager or prevent the occurrence thereof;

6.5.2. has been caused by the fault of the Applicant or third parties despite that the Applicant has taken reasonable precautions to avoid such damage (loss).

6.6. The Applicant shall not be liable for any non-material damage, including, but not limited to, a loss of the Manager’s clients, damage caused to the trademark resulting from damage (loss) caused to the Manager.

6.7. The Parties agree that in the case when damage (loss) is caused to the Manager and the Applicant by the fault of the other Party or both Parties, each Party to the Agreement shall be liable for compensation of damage (loss) caused by its actions and, if liability of each Party is not identifiable, each Party shall bear its expenses and losses.

6.8. The Parties agree that, in all cases, damage provided for in this Chapter of the Agreement, shall be evaluated and losses shall be estimated in accordance with the Civil Code of the Republic of Lithuania.

VII. FORCE MAJEURE CIRCUMSTANCES

7.1. The Parties shall be released from the liability for improper performance of their obligations under the Agreement due to force majeure events. Within the context of this Agreement, force majeure shall mean any event or phenomenon beyond the control of the Parties as set forth in Article 6.212 of the Civil Code of the Republic of Lithuania and the Rules for the Exemption from Liability in Case of Force Majeure approved by Resolution No 840 of the Government of the Republic of Lithuania of 15 July 1996 on the Approval of the Rules for the Exemption from Liability in Case of Force Majeure as applicable on the day of force majeure occurrence. In establishing the circumstances of force majeure, the Parties shall be guided by the Government of the Republic of Lithuania Resolution No. 222 of 13 March 1997 on the Approval of the Procedure for the Issuance of Certificates of Force Majeure as applicable on the day of establishment of force majeure.

7.2. The Party which due to force majeure is unable to fulfil its obligations under the Agreement shall immediately, but not later than within 10 (ten) calendar days from the beginning of the inability to perform this Agreement, inform the other Party thereof. Delayed notification or failure to provide information by the other Party shall deprive it from the right to invoke the force majeure as a ground for exemption from liability for delayed performance or non-performance of the obligations assumed and loss compensation.

7.3. If force majeure preventing either Party from performance of the obligations assumed under the Agreement continues for a period exceeding 6 (six) months, either Party has the right to terminate the Agreement with a 30 (thirty) days’ prior written notice given to the other Party.

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VIII. APPLICABLE LAW AND DISPUTE SETTLEMENT PROCEDURE

8.1. This Agreement shall be governed by and construed in accordance with the law of the Republic of Lithuania.

8.2. In the cases established by the legal acts of the Republic of Lithuania, the Parties shall follow the pre-litigation procedure for dispute settlement.

8.3. Any dispute or disagreement arising from the provisions of the Agreement or certain parts hereof, its performance, non-operation or termination, as well as any other disagreement arising out of or in connection with the Agreement shall be settled by negotiation between the Parties. If an amicable settlement cannot be reached within 1 (one) calendar months from the moment when the one Party submits a written claim, complaint or equivalent document to the other Party, the dispute shall be referred to the court of the Republic of Lithuania in accordance with the laws of the Republic of Lithuania.

IX. VALIDITY, AMENDMENT AND TERMINATION OF THE AGREEMENT

9.1. This Agreement shall be considered as have been concluded when signed by the authorized representatives of the Parties. The Agreement shall take effect from the date of the decision to allocate capacity to the Applicant and shall remain in force until insert date.

9.2. This Agreement may not be supplemented and amended except by mutual written agreement between the Parties.

9.3. If the Manager, when signing the agreements for the allocation of public railway infrastructure capacity with other railway undertakings (carriers), established therein other essential terms and conditions concerning the obligations (except contact information) and/or termination of the agreement for the allocation of public railway infrastructure capacity, the Manager undertakes, within 20 (twenty) calendar days from occurrence of the circumstances established in this Clause of the Agreement, to inform the Applicant thereof and to initiate amendment to the provisions of Chapters V and XII of the Agreement subject to the Applicant’s consent to such amendment;

9.4. On request of one of the Parties, the Agreement may be terminated prematurely in the out-of- court procedure in case of a material breach hereof with at least 30 (thirty) calendar days’ prior written notice given to the other Party. Upon receipt of the notice of early termination of the Agreement, the guilty party shall have the right to eliminate violations within the set period of 30 (thirty) days. After elimination of the identified violations, the Party shall lose its right to terminate the Agreement prematurely in the out-of-court procedure.

9.5. The Parties agree that the following shall be considered a material breach of the Agreement:

9.5.1. Sale and/or transfer otherwise of capacity allocated to the Applicant to a railway undertaking (carrier) not acting on behalf of the applicant;

9.5.2. The Applicant’s intentional unlawful acts or omission, including, but not limited to, the Applicant’s intentional acts or omission resulting in failure to conclude the agreement on the use of public railway infrastructure with a railway undertaking (carrier) acting on behalf of the applicant;

9.5.3. The Manager’s intentional unlawful acts or omission, including, but not limited to, the Manager’s intentional acts or omission resulting in failure to conclude the agreement on the use of public railway infrastructure with a railway undertaking (carrier) acting on behalf of the applicant;

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9.6. Upon termination or expiration of the Agreement, the financial and other obligations of the Parties, which by their nature remain valid after the expiry of the Agreement, shall remain in force until full discharge thereof.

9.7. If the agreement between the Applicant and a railway undertaking (carrier) acting on behalf of of the Applicant is terminated prematurely, the Applicant has the right to shift capacity allocated to it for the use by another railway undertaking (carrier) acting on behalf of the Applicant in compliance with the requirements established in Clauses 4.1.1–4.1.5 of the Agreement.

9.8. The Agreement is made in the Lithuanian language in two (two) equally legally binding copies, one copy for the Parties to the Agreement.

X. CORRESPONDENCE

10.1. Correspondence, notices and other communications under the Agreement are considered to have been properly served:

10.1.1. on the same day they are served in person (against signature) to the representatives of the Parties;

10.1.2. on the day of they are served to the Party if delivered by registered mail;

10.1.3. On the next working day of emailing or on the day an email is received if the Party confirms to have received an email on the same day.

10.2. the dispatch of material information and/or urgent information must be notified in the Written and Verbal Form.

10.3. The Parties agree that the language of communication between the Parties and completion of documents in the territory of Lithuania is Lithuanian.

XI. OTHER TERMS AND CONDITIONS

11.1. If during the effective period of the Agreement capacity is allocated to the Applicant under the last minute applications for the allocation of public infrastructure capacity, such capacity is shifted for the use by a railway undertaking (carrier) acting on behalf of the Applicant in compliance with the requirements established in Clauses 4.1–4.5 of the Agreement.

11.2. The Parties agree that all information related to the Agreement, including, but not limited to, information provided by the Parties during the negotiations, shall be kept confidential and shall not be disclosed to any third parties, except when required by the laws of the Republic of Lithuania. The Parties agree that information relating to this Agreement may be transmitted to the Parties’ lawyers, auditors and members of the Parties’ supervisory and/or management bodies and to a railway undertaking (carrier) acting on behalf of the Applicant and having an agreement concluded with the Applicant without special consent of the other Party.

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11.3. The Parties undertake to ensure that all personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) as well and other legislation regulating personal data processing and its protection.

11.4. Each Party shall inform its personnel of their personal data processing by the other Party in accordance with the requirements of Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, repealing the requirements of Directive 95/46/EB (General Data Protection Regulation) and, on request of the other Party, shall provide evidence to that effect. The Party who fails to fulfil or improperly fulfils the obligations provided for in this Clause of the Agreement shall compensate the other Party for any losses incurred due to that, including, but not limited to, fines and/or other pecuniary sanctions imposed by the public authorities.

11.5. The Parties to the Agreement shall be liable for the confidentiality of information entrusted to them in connection with the performance of the Agreement.

11.6. The Applicant is registered as VAT payer in the Republic of Lithuania.

11.7. The Applicant declares that, in accordance with the provisions of the Law on Corporate Income Tax of the Republic of Lithuania and the Law of the Republic of Lithuania on Value Added Tax, it is considered as associated / non-associated (related / non-related) select with the Manager.

11.8. All information in connection with the Agreement shall be communicated by the Parties to each other in the Written Form based on the details provided in Chapter XII of the Agreement, unless otherwise established in the Agreement. The day of notification shall be the date of sending an email or registered letter.

11.9. If the Applicant fails to comply with Clause 4.1.6 of the Agreement or the Manager fails to comply with the requirements of Clause 4.2.3 of the Agreement, they shall not be entitled to submit a claim that the actions of the other Party performed on the basis of the last information known to it are inconsistent with the terms and conditions of this Agreement or they have not received any notice sent according to these details.

11.10. The Parties agree that in the event of change in the details of the Parties indicated in Chapter XII of the Agreement the latter shall not be changed except for the cases where, as a result of reorganisation, separation, transformation or transfer of business activities of the Parties, their rights and obligations shall pass to another legal entity.

XII. DETAILS OF THE PARTIES

Manager Applicant

Company name Company name

Company address Company address

Company code XXXXXX Company code XXXXXX

VAT code XXXXXXXX VAT code XXXXXXXX

Place of registration of the Company Place of registration of the Company

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Phone XXXXXXX Phone XXXXXXX

Email XXXXXXXX Email XXXXXXXX

Bank details: Bank details:

XXXXXX XXXXXX

Account No: Account No:

XXXXXXXXX XXXXXXXXX

Position Position

Name, surname Name, surname

______

Drafted by: insert personal data (position, name, surname, phone)

Person responsible for the performance of the Agreement: insert personal data (position, name, surname, phone)

To be submitted to: indicate structural units

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Annex No. 13 of Network statement of Public railway infrastructure for 2020-2021

13. Agreement on cooperation in the allocation of capacity on more than one railway network

LRN vienošanās uzskaites Nr.______LRN the agreement’s registration No______LRN susitarimo registracijos Nr. ______LGI the agreemnet’s registration No______LGI susitarimo registracijos Nr. ______LGI vienošanās uzskaites Nr.______

Vienošanās Agreement Susitarimas par sadarbību, sadalot infrastruktūras on cooperation in the allocation of dėl bendradarbiavimo skiriant pajėgumus jaudu vairāk nekā vienā tīklā infrastructure capacity on more than one daugiau nei viename geležinkelių tinkle network Rīgā, 2019.gada . Riga 2019. 2019 m.., Ryga Publiskās lietošanas dzelzceļa JSC “LatRailNet” as the performer of Akcinė bendrovė „LatRailNet“, vykdanti infrastruktūras pārvaldītāja būtisko essential functions of public-used esmines viešosios infrastruktūros valdytojo funkciju veicējs Latvijas Republikā akciju infrastructure manager in Latvia, funkcijas Latvijoje, įmonės kodas sabiedrība "LatRailNet", reģistrācijas registration No 40103361063, legal adress 10103361063, buveinės adresas 16 Nr.40103361063, juridiskā adrese 16 Dzirnavu Str., Riga, represented by Dzirnavu g., Ryga, atstovaujama valdybos Dzirnavu iela 16, Rīga, tās valdes Chairman of the Board J.Hudenko and pirmininko J. Hudenko ir valdybos nario G. priekšsēdētājas J.Hudenko un valdes Member of the Board G.Lapins hereinafter Lapins, toliau – LRN, viena susitarimo šalis, locekļa G.Lapiņa personās, turpmāk – referred to as LRN, on the one part LRN, no vienas puses, un Publiskās lietošanas dzelzceļa JSC „Lietuvos geležinkelių infrastruktūra” the Akcinė bendrovė „Lietuvos geležinkelių infrastruktūras pārvaldītāja būtisko performer of essential functions for the infrastruktūra”, vykdanti esmines viešosios funkciju veicējs Lietuvas Republikā AS allocation of infrastructure capacity in infrastruktūros valdytojo funkcijas Lietuvoje, "Lietuvas dzelzceļa infrastruktūra" Lithuania, registration No. 305202934 , legal įmonės kodas 305202934, buveinės adresas ("Lietuvos geležinkelių infrastruktūra”), address 12 Mindaugo str., Vilnius, Mindaugo g. 12, Vilnius, atstovaujama reģistrācijas Nr.305202934, juridiskā represented by Director general Karolis bendrovės generalinio direktoriaus Karolio adrese Mindaugo iela 12, 03225 Vilņa, Sankovski acting according to the Statutes of Sankovski, veikiančio pagal bendrovės Lietuva, ģenerāldirektora Karoļa JSC „Lietuvos geležinkelių infrastruktūra’’, įstatus, toliau – LGI, kita susitarimo šalis, Sankovska (Karolio Sankovksi) personā, hereinafter referred to as LGI, on the other toliau abi šalys vadinamos Šalimis, kurš rīkojas uz AS "Lietuvas dzelzceļa part, and both together hereinafter referred to infrastruktūra" ("Lietuvos geležinkelių as the Parties, infrastruktūra”), Statūtu pamata, turpmāk – LGI, no otras puses, un abas turpmāk kopā – Puses, ievērojot Eiropas Parlamenta un pursuant to the Article 40 of Directive vadovaudamosi 2012 m. lapkričio 21 d. Padomes 2012.gada 21.novembra 2012/34/EU of the European Parliament and Europos Parlamento ir Tarybos direktyvos Direktīvas 2012/34/ES, ar ko izveido of the Council of 21 November 2012 2012/34/ES, kuria sukuriama bendra vienotu Eiropas dzelzceļa telpu 40.pantu, establishing a single European railway area, Europos geležinkelio erdvė, 40 straipsniu, Latvijas Republikas Dzelzceļa likumu, the Railway Law of the Republic of Latvia, Latvijos Respublikos geležinkelio įstatymu, Latvijas Republikas Ministru kabineta Cabinet Regulation No. 472 of the Republic of 2016 m. liepos 15 d. Latvijos Respublikos 2016.gada 15.jūlija noteikumus Nr.472 Latvia of July 15, 2016 "Regulations on Vyriausybės nutarimu Nr. 472 „Dėl Valstybės "Publiskās lietošanas dzelzceļa Capacity allocation of Public-use Railway ir savivaldybių gyvenamųjų patalpų nuomos infrastruktūras jaudas sadales Infrastructure", LRN Regulation No. JALP- mokesčio apskaičiavimo tvarkos aprašo noteikumi", AS "LatRailNet" 2016.gada 7.6/01-2016 of 6 September 2016 ”Public-use patvirtinimo“ ir 2016 m. rugsėjo 6 d. LRN 06.septembra noteikumus Nr.JALP- railway infrastructure capacity allocation reglamentu Nr. JALP-7.6/01-2016 „Prieigos 7.6/01-2016 "Publiskās lietošanas scheme" (hereinafter referred to as the prie viešosios geležinkelių infrastruktūros dzelzceļa infrastruktūras jaudas sadales Capacity Allocation Scheme), Rules on public suteikimo schema“ (toliau – Prieigos shēma" (turpmāk – Jaudas sadales infrastructure capacity allocation, Railway suteikimo schema), Lietuvos Respublikos shēma), noteikumus par publiskās transport Code of the Republic of Lithuania, Transporto Kodeksu, susitarė: infrastruktūras jaudas sadali, Lietuvas agree as follows: Republikas dzelzceļa transporta kodeksu, vienojas par sekojošo: I. Vienošanās priekšmets I. Subject of the agreement I. Susitarimo dalykas

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1. Puses vienojas par sadarbību, sadalot 1. Parties agree on cooperation in the 1. Siekdamos užtikrinti tarptautinį keleivių, publiskās lietošanas dzelzceļa allocation of public-use railway infrastructure bagažo ir (ar) krovinių vežimą, Šalys infrastruktūras (turpmāk – infrastruktūra) (hereinafter – infrastructure) capacity on susitaria dėl bendradarbiavimo suteikiant jaudu starptautiskajiem pasažieru, more than one network in the Rebublic of prieigą prie daugiau nei vieno Latvijos bagāžas un kravu pārvadājumiem vairāk Latvia and in the Republic of Lithuania for Respublikos ir Lietuvos Respublikos tinklo nekā vienā dzelzceļa tīklā – Latvijas international passenger, baggage and (or) viešosios geležinkelių infrastruktūros (toliau – Republikā un Lietuvas Republikā. freight transportation. infrastruktūra). 2. Infrastruktūras jaudas sadale tiek 2. Capacity allocation is provided to the 2. Vadovaujantis PLC „Latvija dzelzcels“ ir nodrošināta pieteikumu iesniedzējiem, applicants with commercial interest in LGI tinklo nuostatais, prieiga suteikiama kam ir komerciāla interese iegūt procuring infrastructure capacity within the pareiškėjams, turintiems ekonominį interesą infrastruktūras jaudu Latvijas Republikas public-use rail networks of the Republic of įgyti prieigą prie infrastruktūros viešuosiuose un Lietuvas Republikas infrastruktūras Latvia and the Republic of Lithuania as Latvijos Respublikos ir Lietuvos Respublikos tīklos kā norādīts VAS “Latvijas indicated in the network statements of PLC geležinkelių tinkluose. dzelzceļš” un LGI infrastruktūras tīkla “Latvijas dzelzcels” and LGI. pārskatos. II. Infrastruktūras jaudas II. Capacity allocation II. Prieigos suteikimas sadale 3. Jaudas pieprasījumi Latvijas teritorijā 3. Requests for capacity on the territory of 3. Paraiška skirti pajėgumus Latvijos tiek aizpildīti šīs vienošanās 1.pielikumā Latvia shall be completed in the form teritorijoje pildoma pagal šio susitarimo 1 norādītajā formā. specified in Annex 1 to this Agreement. priede nurodyta formą. Jaudas pieprasījumi Lietuvas teritorijā Requests for capacity on the territory of Paraiška skirti pajėgumus Lietuvos teritorijoje tiek aizpildīti šīs vienošanās 2.pielikumā Lithuania shall be completed in the form pildoma pagal šio susitarimo 2 priedo formą. norādītajā formā. specified in Annex 2 to this Agreement. Pareiškėjas paraišką turi pateikti ne anksčiau Pieteikuma iesniedzējam ir pienākums An applicant has to submit a request for kaip likus 12 mėnesių (maždaug gruodžio iesniegt jaudas pieteikumu ne agrāk kā capacity, not more than 12 months in viduryje) iki tarnybinio traukinių tvarkaraščio 12 mēnešus pirms (aptuveni decembra advance (appr. mid of December) of the įsigaliojimo. vidus) vilcienu kustības gada grafika entry into force of the working timetable. Bet kuri iš šio susitarimo šalių gavusi maiņas. Each Party to this Agreement, having paraišką savo šalies teritorijoje skirti Katra šīs vienošanās Puse, saņemot received an application for allocation of pajėgumus daugiau negu viename tinkle pieteikumu par jaudas piešķiršanu vairāk capacity on more than one network for tarptautiniam keleivių, bagažo ir (arba) nekā vienā tīklā starptautiskajiem international passenger, baggage and (or) krovinių vežimui apie tokią paraišką laiku pasažieru, bagāžas un kravu freight transportation on its territory shall informuoja kitą Šalį. pārvadājumiem tās teritorijā, savlaicīgi timely inform about this request another informē otru Pusi par šo pieprasījumu. Party. 4. Puses nodrošina, ka ne vēlāk kā 11 4. Parties insure than the provisional 4. Šalys užtikrina, kad preliminarios mēnešus pirms (aptuveni janvāra vidus) international train paths have been tarptautinės traukinio linijos bus nustatytos vilcienu kustības gada grafika maiņas, established not later than 11 months before ne vėliau kaip likus 11 mėnesių (maždaug tiek izveidots provizorisks starptautiskais (appr. mid of January) changing of the sausio viduryje) iki tarnybinio traukinių pasažieru vilcienu ceļš. Līdz minētajam working timetable. Before this time Parties tvarkaraščio pakeitimo. Iki to laiko Šalys termiņam Puses izskata: examine: išnagrinėja: 4.1. iesniegtās informācijas atbilstību (ja 4.1. the relevancy of submitted information (if 4.1. pateiktos informacijos aktualumą; tiek konstatētas nepilnības, tiek there are any inaccuracies, additional 4.2. informaciją apie galimus prieigos pieprasīta papildus informācija); information is requested); apribojimus; 4.2. informāciju par iespējamiem 4.2. the information about possible capacity infrastruktūras jaudas ierobežojumiem; restrictions; 4.3. priekšlikumus plānotā vilcienu 4.3. the proposals for changes in schedulled 4.3. pasiūlymus keisti reguliariojo kustības ātruma izmaiņām, ja tādi ir; traffic speed, if exist; susisiekimo traukinių greitį, kai taikytina; 4.4. priekšlikumus plānotā vilcienu 4.4. the proposals for changes in schedulled 4.4. pasiūlymus keisti reguliariojo kustības periodiskuma izmaiņām; traffic periodicity; susisiekimo periodiškumą; 4.5. priekšlikumus vagonu skaitam 4.5. the proposals for numbers of wagons in 4.5. pasiūlymus dėl vagonų skaičiaus vilcienā; a train; traukinyje; 4.6. dėl galimybės naudotis geležinkelių 4.6. papildu pakalpojumu 4.6. the possibility of requested service paslaugų įrenginiais nodrošināšanu. facilities. 5. Līdz 15.maijam Puses rīko kopēju 5. Parties shall hold a joint consultation on 5. Ne vėliau kaip iki gegužės 15 d. Šalys apspriešanos par provizorisko vilcienu the provisional working timetable, inviting the kartu tariasi dėl preliminaraus tarnybinio kustības sarakstu, pieaicinot iesaistītos infrastructure managers involved and the traukinių tvarkaraščio, pasitelkdamos

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infrastruktūras pārvaldītājus un licensed railway undertakings designated by atitinkamus infrastruktūros valdytojus ir pieteikumu iesniedzējus (dzelzceļa the applicant not later than 15 May. licencijuotas geležinkelio įmones, nurodytas pārvadātājus). pareiškėjo.

6. Pēc attiecīgo valsts institūciju 6. Upon the request of the relevant 6. Atitinkamų valdžios institucijų prašymu pieprasījuma Puses un pilnvarotie government authorities, Parties and other Šalys ir kiti teisės aktuose numatyti subjektai subjekti (ja nepieciešams): statutory entities (if necessary): (jei būtina): 6.1. uz laiku pārtrauc dzelzceļa satiksmi 6.1. temporarily suspend rail traffic in whole 6.1. laikinai sustabdo visą ar dalį traukinių pilnībā vai daļēji; or in part; eismo; 6.2. uz laiku pārtrauc bagāžas 6.2. temporarily suspend baggage 6.2. laikinai sustabdo bagažo priėmimą arba pieņemšanu vai pieļauj to pieņemšanu acceptance or accept it only under certain priima bagažą tik tam tikromis sąlygomis. tikai ar noteiktiem nosacījumiem. conditions. 7. Pusēm ir tiesības ieviest vienošanās 7. Parties have the right to introduce the 7. Kai būtina, atsižvelgdamos į situacijos 6.punktā minētos ierobežojumus, ja tie ir restrictions mentioned in the Article 6 of the sąlygas, kurių infrastruktūros valdytojai negali nepieciešami saistībā ar apstākļiem, Agreement, where they are necessary in the pašalinti ir kurių pašalinimas nuo jų kurus infrastruktūras pārvaldītāji nevar context of conditions which the infrastructure nepriklauso, Šalys turi teisę įvesti Susitarimo novērst un kuru novēršana nav no tiem managers can not eliminate and the 6 straipsnyje nurodytus ribojimus. Šalys atkarīga. Pusei ir pienākums elimination of which is not dependent on įsipareigoja nedelsdamos informuoti viena nekavējoties informēt otru Pusi par them. The Party is obliged to immediately kitą apie pritaikytus ribojimus. ieviestajiem ierobežojumiem. inform the other Party about the restrictions imposed. III. Citi noteikumi III. Other questions III. Kiti klausimai 8. Visa veida informācija, kas saistīta ar 8. All information related to the Agreement 8. Visa su susitarimu susijusi informacija, kuri vienošanos un kas nav publiski that is not publicly accessible shall be nėra prieinama viešai, laikoma konfidencialia pieejama, ir uzskatāma par konfidenciālu considered confidential and may be ir tretiesiems asmenims gali būti atskleista un var tikt izpausta trešajām personām disclosed to third parties during or after the susitarimo galiojimo metu arba jam vienošanās darbības laikā vai pēc tā termination of the Agreement only with the pasibaigus tik rašytiniu kitos Šalies sutikimu, termiņa beigām tikai ar otras Puses written consent of the other Party, except as išskyrus Latvijos Respublikos ir Lietuvos rakstisku piekrišanu, izņemot gadījumus, provided for in the legislation of the Republic Respublikos įstatymuose numatytus atvejus. kas noteikti Latvijas Republikas vai of Latvia or legislation ot the Republic of Lietuvas Republikas tiesību aktos. Lithuania. 9. Strīdus, kas rodas starp Pusēm šīs 9. Disputes arising between the Parties 9. Tarp Šalių dėl pajėgumų suteikimo vienošanās izpildes laikā risina within capacity allocation procedure shall be procedūros kilę ginčai sprendžiami, rakstveidā, bet, ja risinājums netiek resolved in accordance with the dispute vadovaujantis ginčų nagrinėjimo tvarka per panākts, strīdu izskata 10 darba dienu resolution procedure within 10 working days 10 darbo dienų, kuri išdėstyta Prieigos laikā saskaņā ar Jaudas sadales shēmā specified in the Capacity Allocation Scheme suteikimo schemoje arba atitinkamoje noteikto domstarpību izšķiršanas or in the relevant regulatory body. reguliavimo institucijoje. procedūru vai attiecīgās valsts regulatīvajā iestādē. 10. Visi šīs vienošanās grozījumi 10. All amendments to this Agreement shall 10. Bet kokie šio susitarimo pakeitimai turi izdarāmi rakstveidā, un tie kļūst par šīs be made in writing and shall become an būti sudaromi raštu ir tampa sudėtine vienošanās neatņemamu sastāvdaļu. integral part of this Agreement. susitarimo dalimi. 11. Vienošanās ir sastādīta divos 11. The Agreement is drawn up in two 11. Susitarimas sudaromas dviem vienodais identiskos eksemplāros, katrs uz 6 identical copies, each on 6 (six) pages incl. šešių (6) puslapių egzemplioriais, įskaitant (sešām) lapām, kopā ar pielikumiem. two annexes. Each Party has its own copy of priedus: kiekvienai Šaliai po vieną susitarimo Katrai Pusei viens šīs vienošanās this Agreement. egzempliorių. eksemplārs. 12. Vienošanās stājas spēkā ar tās 12. The Agreement shall enter into force 12. Susitarimas įsigalioja nuo 2019 metų abpusēju parakstīšanas dienu, bet on the date of its mutual signature, but gruodžio 8 d. ir galioja neribotai. Bet kuri tās nosacījumi piemērojami ar provisions shall apply from 8 th susitarimo šalis gali jį nutraukti gavusi 2019.gada 8.decembri un ir spēkā december 2019 and be valid for an raštišką kitos šalies sutikimą. uz nenoteiktu laiku. Jebkura no indefinite period. Either Party may Pusēm var izbeigt šo vienošanos terminate this Agreement upon the rakstveidā vienojoties ar otru Pusi. Agreement of other Party in written. 13. Katra Puse 30 dienu laikā no šīs 13. Each Party provide this Agreement to 13. Šalys pateikia šį susitarimą vienošanās spēkā stāšanās the infrastructure manager for infrastruktūros valdytojui, kad per 30 iesniedz infrastruktūras publication within 30 days after entering dienų nuo susitarimo įsigaliojimo šis

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pārvaldītājam šo vienošanos into force of the Agreement. If one or susitarimas būtų paskelbtas tinklo publicēšanai. Ja viens vai abi both infrastructure managers are not nuostatuose. Jei vienas ar abu infrastruktūras pārvaldītāji nepiekrīt agree to publish the Agreement, then infrastruktūros valdytojai atsisako publicēt šo vienošanos, Puses Parties agree on other publication form. paskelbti šį susitarimą tinklo nuostatuose vienojas par citu publicēšanas veidu. šalys susitaria dėl bendro paskelbimo būdo. 14. Ja pastāv pretrunas starp šīs 14. If there is any inconsistency between 14. Jei yra nesuderinamumas tarp šio vienošanās noteikumiem un the provisions of this Agreement and Susitarimo nuostatų ir nacionalinės noteikumiem, kas ietverti kādā no those in any national law, the terms of teisės nuostatų, viršenybė suteikiama nacionālajiem tiesību aktiem, national law will prevail. nacionalinės teisės nuostatoms. noteicošie būs nacionālie tiesību akti. 15. Ja starp vienošanās tulkoto 15. If there are any iinconsistencies among 15. Jei tarp verčiamų sutarties tekstų yra tekstu ir kādas pretrunas, primārais translated texts of the Agreement, the text nesuderinamų, viršenybės principas ir vienošanās teksts angļu valodā. written in English prevails. suteikiamas anglų kalba parašytam tekstui. 16. Šai vienošanās ir pievienoti šādi 16. This Agreement is accompanied by: 16. Prie šio susitarimo pridedami: pielikumi: 1 priedas – prašymo dėl pajėgumų Latvijos Annex 1 – capacity request in the Respublikoje pavyzdys, viename puslapyje; 1. pielikums – infrastruktūras jaudas Republic of Latvia on a single page; 2 priedas – prašymo dėl pajėgumų pieteikums Latvijas Republikā uz Annex 2 – capacity request in the Lietuvos Respublikoje pavyzdys, penki vienas lapas; Republic of Lithuania on five pages. puslapiai. 2.pielikums – infrastruktūras jaudas pieteikums Lietuvas Republikā uz piecām lapām.

LGI: LRN: AB “Lietuvos geležinkelių infrastruktūra” AS "LatRailNet" Įmonės kodas: 305202934 Reģistrācijas Nr.40103361063 Mindaugo g. 12, 03225 Vilnius, Lietuva Dzirnavu iela 16, Rīga, Latvija, LV-1010 El. paštas: [email protected] E-pasts: [email protected] tel. +370 5 269 3353 Tālrunis: +37167803570

______K. Sankovski J.Hudenko

______G.Lapiņš

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Annex 1

CAPACITY REQUEST

No Name of the Numbe Final Travelling Type Train Speed Dislocati Work of Additional Additional Special Official . infrastructur r of destinat frequency4 of weight limits of on of locomotive preparation train passing means of e section1 trains2 ion3 tractio and traction traction crews9 operations10 maintenanc condition communi n unit length6 unit7 unit8 e sites11 s12 cation13 (serie s)5

1 - must indicate the name of an infrastructure section according to the one mentioned in the infrastructure network report. Carriers, which have a changing number of trains within the limits of a single section, must divide said section in subsections according to stations in which number of trains changes; 2 - must indicate the estimated number of trains per day on average; 3 - must indicate the estimated distribution of trains over the final stations of the route by indicating the desired stops for each train for passengers transportation; 4 - must indicate travelling frequency or train movement conditions for a season, months or days of the week, as well as add the preferred time of train movement between the final stations of the section, if it is essential; 5 - must indicate the type of traction unit (series); 6 - must indicate the planned train weight and length (in physical units), which can be pulled by the respective traction unit within the applied infrastructure section (subject to all restrictions). In order to determine the length of passenger trains, the number of wagons must be identified; 7 - must indicate the highest possible speed of the traction unit within the infrastructure station (subject to all restrictions); 8 - must indicate the permanent location and turn-around point of traction units within the infrastructure section; 9 - must indicate the working order for locomotive crews at the particular train route, including at the turn-around points (also including information about whether any rest is provided for at those points); 10 - must indicate operations required to prepare a traction unit for movement (adding a breakdown by type of operation and the required time); 11 - must indicate the planned locations of technical service sites along the route (if required); 12 - must indicate special conditions affecting the time and conditions of train movement (if any), adding a detailed explanation; 13 - must indicate the official means of communication used with the applicant (contact information).

In addition the applicant must indicate the approximate time of train dispatch or arrival within the route of train movement, if it is relevant to the applicant, or include a note that the train path allocation can happen operationally.

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Annex 2

(MODEL APPLICATION FORM)

______(the name of the applicant)

______(legal entity code, contact phone number, email address)

For Public Railway Infrastructure Manager

APPLICATION FOR THE ALLOCATION OF PUBLIC RAILWAY INFRASTRUCTURE CAPACITIES FOR FREIGHT AND SERVICE TRAINS

______No.______(date)

1. Application Type (tick):

For the official train schedule  Late submission  Ad-hoc 

2. Application period (specify):

______– ______y. for the period of validity of train schedule timetable

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3. Characteristics of freight and service train and route:

Train type Train route

(Please tick as

appropriate)

including the weight theincluding of

Gauge

Seq. No.

Comments*** Comments***

rpose of stopping of rpose

Locomotive type Locomotive

locomotive),bruto( t )

station (hours and minutes) station (hours

wagons(agreedwagon length 14is meters)

station station (numbers) units traction of Number

For 1520 For indicate mm gauge, the length in agreed

Intermediate Intermediate

Freight trains Freight

Service trains Service departure from departure of time Preferred

First date of the operation of the train the of operation the of date First

Stops and preferred duration of

railway station* railway For 1435 mm track, indicate the length in meters (m)

Departure railway railway Departure

Gross weight of the train ( the oftrain Gross weight

Single locomotives Single locomotives

Destination railway railway Destination

Train length (including the length of locomotive) of locomotive) length the (including Train length

Frequency Frequency (please specify daily, etc.) ofmonth, the days even days, on on working train the of operation the ofdate Final ** stops(minutes)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

1.   

2.   

* Indicate intermediate station if there is more than one route to reach destination ** Indicate if border crossing times are already agreed with neighboring IM. *** Indicate cargo danger level, profile, absence of ALSS, etc.

______(Manager or authorised person) (signature) (name, surname) ______(prepared by: full name and telephone No)

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(MODEL OF APPLICATION FORM)

______(the name of the applicant)

______(legal entity code, contact phone number, email address)

For Public Railway Infrastructure Manager

APPLICATION ALLOCATING PUBLIC RAILWAY INFRASTRUCTURE CAPACITIES FOR PASSENGER TRAINS

______No.______(date)

1. Application Type (tick):

For the official train schedule  Late submission  Last-minute 

2. Application period (specify):

______– ______y. for the period of validity of train schedule timetable

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3. Characteristics of passenger train and route: Maximum train

Type of train

Train route length including

(tick)

traction unit

(wagons), ( m )

No.

Gauge

(pieces)

duration (min)* duration

Train start date Train start

r of tractive rolling stock stock rolling tractive of r

stations

wagons

Traction vehicle series vehicle Traction

Stops and their desired and their Stops

holidays

End date of the train run oftrain the End date

The purpose of stopping of purpose The

Workdays

mass of vehicle), gross (t) gross mass vehicle), of

Local Local Passenger

Rear train Rearstation train

Driving Frequency and dates and Frequency Driving

Intermediate railway railway Intermediate

Locomotives without without Locomotives traction) (including Train mass

Numbe

Desired departure time from the from time departure Desired

Other passenger trains Other passenger

International passenger International

On weekends and On weekends

The original train station train original The original train station (hours, minutes) (hours, station train original 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

1.    

2.    

* indicate whether border crossing times are coordinated with a company from a neighbouring third country

______(manager or his authorized representative) (signature) (name, surname)

______(organizer reference: name, surname, phone number, email)

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3. Characteristics of passenger train and route:

Train type (please tick

as appropriate) Maximum length

of the train (m)

and etc.) and

factor

minutes)

Item Train route (departure and train wagons

No destination stations) * stops (minutes)

train the of operation

On weekdays

Start and end dates of the the of dates end and Start

even days month month days even

public holidays public

Locomotives without without Locomotives

Gross weight of the train (t) the oftrain Gross weight

Local passenger train Local passenger

departure station (hours and (hours station departure

Other passenger trains Other passenger

Periodicity of the train (please (please the oftrain Periodicity

International passenger passenger International

On weekends and On weekends

Rolling stock traction unit force force unit traction Rolling stock

Stops and preferred duration of of duration preferred and Stops

Rolling stock traction unit seriesunit traction Rolling stock

Preferred time of departure from from departure of time Preferred specify: daily, on working days, on on days, on working daily, specify: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

* stops and their preferred duration for each route may be indicated in separate annexes

______(head of undertaking or authorized person) signature (name, surname)

______(prepared by: name and telephone No)

Amendments to legal acts:

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1. Order No V-101 of 2 July 2014 of the Head of the State Railway Inspectorate under the Ministry of Transport and Communications “On the Amendment to Order No V-304 of 16 May 2011 of the Head of the State Railway Inspectorate under the Ministry of Transport and Communications “On the Requirements for the Content of the Application for the Allocation of Public Railway Infrastructure Capacity” (the Register of Legal Acts, 2014, No 2014-09813).

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Annex No. 14 of Network statement of Public railway infrastructure for 2020-2021

14. Form of data needed to assess and determine whether railway undertakings (carriers) operating in the relevant segments of the rail transport market can pay these mark-ups

Performance Performance indicator Railway undertaking (carrier) Performance indicator indicator No measurement data marking pcs

Rail freight market segment (to be completed only by those railway undertakings (carriers) that perform freight services): Actual volume of shipments of cargo 1. assigned to the segment in the last Ki.krov tkm net ∑ 1.1. - 1.4 completed calendar year: Carriage of loaded and empty 1.1. containers, semi - trailers and other K1 i. krov tkm net containers of various kinds

1.2. Transport of dangerous goods K2 i.krov tkm net

1.3. Low value freight K3 i.krov tkm net

1.4. Transportation of other cargo K4 i.krov. tkm net

Actual revenue from the last completed 2. calendar year for freight transported by Paji.krov Eur ∑ 2.1. - 2.4 segments:

Carriage of loaded and empty 2.1. containers, semi - trailers and other Paj1 i. krov Eur containers of various kinds

2.2. Transport of dangerous goods Paj2 i.krov Eur

2.3. Low value freight Paj3 i.krov Eur

2.4. Transportation of other cargo Paj4 i.krov Eur Actual cost of transporting the goods allocated to the segments for the last 3. completed calendar year, excluding Sąn i.krov Eur ∑ 3.1. - 3.4. charges for the minimum access package: Carriage of loaded and empty 3.1. containers, semi - trailers and other Sąn1 i.krov Eur containers of various kinds

3.2. Transport of dangerous goods Sąn2 i. krov Eur

3.3. Low value freight Sąn3 i. krov Eur

3.4. Transportation of other cargo Sąn4 i.krov Eur Average actual gross weight of a freight wagon used for freight transport in the 4. Vi krauti t gross last completed calendar year by rail freight market segments: Carriage of loaded and empty 4.1. containers, semi - trailers and other Vi 1 krauti t gross containers of various kinds

4.2. Transport of dangerous goods Vi 2 krauti t gross

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4.3. Low value freight Vi 3 krauti t gross

4.4. Transportation of other cargo Vi 4 krauti t gross Average actual weight of empty wagon used for freight transport in the last 5. Vitušti t gross completed calendar year by rail freight market segments: Carriage of loaded and empty 5.1. containers, semi - trailers and other Vi 1 tušti t gross containers of various kinds

5.2. Transport of dangerous goods Vi 2 tušti t gross

5.3. Low value freight Vi 3 tušti t gross

5.4. Transportation of other cargo Vi 4 tušti t gross Actual mileage of wagons loaded during coefficient determined by the last completed calendar year used dividing the mileage of loaded 6. for the carriage of goods belonging to the ai coefficient wagons by the total mileage of relevant segment, taking into account the these wagons total mileage of the following wagons:

Carriage of loaded and empty 6.1. containers, semi - trailers and other ai 1 coefficient containers of various kinds

6.2. Transport of dangerous goods ai 2 coefficient

6.3. Low value freight ai 3 coefficient

6.4. Transportation of other cargo ai 4 coefficient Average actual number of wagons in the 7. freight train in the last completed b pcs. calendar year Average actual share of transit traffic of coefficient determined by cargo assigned to the segment in the last dividing the number of transit completed calendar year, assessing all 8. ci krov coefficient traffic by the total number of cargo shipments of the respective freight traffic in the relevant rail segment (to be filled in only if such freight market segment service was provided): Carriage of loaded and empty 8.1. containers, semi - trailers and other c1 i krov coefficient containers of various kinds 8.2. Transport of dangerous goods c2 i krov coefficient

8.3. Low value freight c3 i krov coefficient

8.4. Transportation of other cargo c4 i krov coefficient Actual share of goods transported by coefficient determined by electric traction in the last completed dividing the number of calendar year, assessing all freight 9. di coefficient shipments by the total number transportations in the relevant segment of shipments in the relevant rail (to be filled in only if electric traction was freight market segment transported): Carriage of loaded and empty 9.1. containers, semi - trailers and other d1 i coefficient containers of various kinds 9.2. Transport of dangerous goods d2 i coefficient

9.3. Low value freight d3 i coefficient

9.4. Transportation of other cargo d4 i coefficient

134

Annex No. 15 of Network statement of Public railway infrastructure for 2020-2021

15. Description of the procedure for the assessment of rail transport market segments and their pairs and for determining whether railway undertakings (carriers) operating in the relevant rail transport market segments may pay mark-ups

135

Contents

1. General provisions...... 136 2. Evaluation of segments and their pairs ...... 136 3. Determining whether railway undertakings (carriers) operating in the relevant segments can pay mark-ups ...... 137 4. Approval of the list of segments in which mark-ups may be applied and indication in the regulations of the Public Railway Infrastructure Network ...... 137 5. Final Provisions ...... 138

136

1. General provisions

1.1. These mark-ups may be paid by the description (hereinafter referred to as the Description) of the railway transport service segments (hereinafter referred to as the segments) and their the procedure for assessing couples, determining whether railway undertakings (carriers) operating in the relevant segments may pay mark-ups, approving the list of segments in which mark- ups may be applied and indicating them in the regulations of the Public Railway Infrastructure Network. 1.2. The terms used in the Description shall be understood as they are defined in the Railway Transport Code of the Republic of Lithuania (hereinafter - the Code).

2. Evaluation of segments and their pairs

2.1. During the assessment of segments and their pairs, the public infrastructure manager shall assess the segments and their pairs referred to in Article 251 (3) of the Code. 2.2. When assessing the segments referred to in Article 251 (3) of the Code, the public railway infrastructure manager shall consider those segments to correspond to segment pairs and shall carry out the assessment of segment pairs as follows: 2.2.1. classifies the segment of public passenger transport services by rail into the services specified in the respective pairs of segments: local passenger transport and / or public combined passenger passenger transport on local routes; 2.2.2. the segment of other passenger transport services by rail shall be assigned to the services specified in the respective pairs of segments: international transport services and / or occasional rail transport services; 2.2.3. assigns a freight segment to a rail freight service specified in the relevant pair of segments; 2.2.4. The pair of domestic and international transport service segments is assessed in terms of the flows of passengers traveling by different modes of transport, the amount spent on the journey, the duration of the journey, and the route. 2.2.5. the pair of combined passenger transport and direct passenger transport service segments shall be assessed on the basis that: 2.2.5.1. the combined passenger transport service corresponds to the local route service and is therefore assessed in accordance with point 2.2.4 of the Description; 2.2.5.2. the service of passenger transport by direct trains corresponds to the services of transport on domestic and international routes, therefore it is assessed in accordance with Item 2.2.4 of the Description; 2.2.6. assess the pair of passenger, baggage scheduled and non-scheduled rail transport service segments on the basis that: 2.2.6.1. Regular rail services correspond to a pair of domestic and international service segments, as the passenger services are operated on a fixed frequency and on a regular train schedule and are therefore assessed in accordance with point 2.2.4 of the Description; 2.2.6.2. Occasional rail services means services which are reserved for the carriage of passengers on a pre-booked basis, are insignificant in the scope of the services provided by the public infrastructure manager and are without prejudice to the list of segments to which mark-ups may apply; 2.2.7. the segment of rail freight services shall be assessed taking into account the special requirements established for rail freight transport, the needs of the customers of railway undertakings (carriers), and the classification of goods according to the general nomenclature codes specified in Annex 1 to the Description: 2.2.7.1. the carriage of loaded and empty containers, semi-trailers and other multi-purpose containers, taking into account that the carriage of this segment does not take into account the cargo or its weight;

137

2.2.7.2 assess the transport of dangerous goods in the light of the specific requirements for the transport of dangerous goods laid down in the European Agreement concerning the International Carriage of Dangerous Goods by Road, and the information provided to customers on their pricing; 2.2.7.3. the carriage of other cargo is valued at the market price of the cargo: 2.2.7.3.1. the carriage of low-value goods falling within the general codes of the goods nomenclature specified in Annex 1 to the Description and the price of which is very low on the market; 2.2.7.3.2. carriage of other cargo, including all remaining cargo, which has not been assessed in accordance with 2.2.7.2.1., 2.2.7.2. points; 2.2.8. The pair of domestic and international route service segments shall be assessed in the light of the information provided to the public by the railway undertakings (carriers) that have carried out their activities on their pricing. 2.2.9. freight trains (trains running from the initial station to the final station without being converted at intermediate stations) and selected trains (trains transporting to and from intermediate stations on demand) are assessed in terms of a pair of railway undertakings ( carriers) who have carried out their activities.

3. Determining whether railway undertakings (carriers) operating in the relevant segments can pay mark-ups

3.1. The public railway infrastructure manager, having performed the assessment of segments and their pairs in accordance with the procedure established in Chapter 2 of the Description and selected segment pairs according to the obtained results, shall determine whether railway undertakings (carriers) operating in the relevant segments can pay mark-ups by assessing: 3.1.1. the data available to the public infrastructure manager on the change in the workload of freight trains during 2015-2019, taking into account the change in the level of charges for the minimum access package charges; 3.1.2. data of railway undertakings (carriers) submitted in accordance with the procedure established in Paragraph 6.6 of the Network Statement. 3.2. Based on the data of railway undertakings (carriers) submitted in accordance with the procedure set forth in Clause 6.6 of the Network Statement, calculate the weighted average of these data and determine the market share of each railway undertaking (carrier) in the relevant segment of Lithuanian railway transport services. If no railway undertaking (carrier) provides data in accordance with the procedure set out in Clause 6.6 of the Network Statement, the public infrastructure manager shall use the data available to it in accordance with the procedure established by the applicable official train train to determine whether railway undertakings (carriers) operating in the relevant segments can pay mark-ups. for the calculation of the contribution rates for the minimum access package for the scheduling period. 3.3. The public railway infrastructure manager, having determined in accordance with the procedure established in this Chapter of the Description whether railway undertakings (carriers) operating in the relevant segments may pay mark-ups, states that the segments to which mark-ups may be applied are the segments specified in Annex 1 to the Description.

4. Approval of the list of segments in which mark-ups may be applied and indication in the regulations of the Public Railway Infrastructure Network

4.1. The public railway infrastructure manager, having made the determination specified in Chapter 3 of the Description whether railway undertakings (carriers) operating in the relevant segments may pay mark-ups, shall calculate the amount of mark-ups for the segments specified in Annex 1 to the Description. This amount is calculated in accordance with the Rules for Calculation and Payment of the Fee for the Minimum Package for Access to Public Railway Infrastructure and the Fee for Allocated but Unused Capacity of Public Railway Infrastructure approved by the Government of the Republic of Lithuania in 2004. May 19 by resolution no. 610 "On the approval of the rules for the calculation and payment of charges for the minimum package of access to public

138

railway infrastructure and for the allocation of unused public railway infrastructure capacity", the formulas for calculating the passenger, baggage and / or freight segment contribution rate. 4.2. The public railway infrastructure manager, having calculated the amount of mark-ups for the segments specified in Annex 1 to the Description, shall draw up a list of market segments for rail transport in which mark-ups may be applied and specify them in the Network Statement no later than the deadline specified in clause 6.6.6.

5. Final Provisions

5.1. In order to ensure the protection of commercial or professional secrets of applicants, information shall be provided to the public railway infrastructure manager, information provided to the public railway infrastructure manager shall be disclosed and provided to third parties mutatis mutandis in accordance with the principles of protection of commercial and professional secrets of undertakings laid down in the Paragraph 8 of Article 71 of the Railway Transport Code of the Republic of Lithuania. 5.2. Segmentation is supervised by the market regulator.

______

139

Description of the procedure for assessing and determining whether railway undertakings (carriers) operating in the relevant segments of the rail transport market can pay these mark-ups Annex No. 1

1 annex. List of market segments for rail transport

Segment name Common cargo nomenclature codes

1. Carriage of loaded All codes in this table are given according to the nature of the goods carried in the and empty containers, container, semi-trailer or other multi-container. semi - trailers and other containers of various kinds

2. Transport of 282990, 290420, 290890, 291470, 291639, 292090, 292142, 292144, 292229, 292419, dangerous goods 292990, 293369, 293399, 293499, 310230, 350510, 360100, 360200, 360300, 360400, 391220, 930621, 930630, 930690 – explosives; 270500, 271112, 271113, 271119, 271121, 271129, 280110, 280130, 280410, 280421, 280429, 280430, 280440, 280610, 281119, 281121, 281123, 281129, 281210, 281290, 281410, 281420, 282619, 284590, 284800, 285000, 285100, 290100, 290311, 29031910, 290321, 290330, 290342, 290344–290346, 290349, 290359, 290490, 290919, 291010, 291470, 291590, 291900, 292111, 292119, 292690, 293090, 310510, 360610, 382471, 842410, 961320 – gases, compressed, liquid or liquefied; 130219, 220890, 270730, 270900, 271019, 271410, 272100, 272200, 272400–272600, 274100, 274200, 281310, 290110, 290124, 290129, 290211, 290219, 290220, 290230, 290241–290243, 290250, 290260, 290270, 290290, 290315, 290319, 290329, 290330, 290361, 290369, 290420, 290511, 290512, 290514, 290515, 290519, 290619, 290911, 290919, 290920, 290942, 290944, 290949, 291010, 291020, 291090, 291100, 291211–291219, 291229, 291249, 291250, 291411–291419, 291422, 291429, 291440, 291450, 291513, 291531, 291532, 291534, 291539, 291540, 291550, 291560, 291590, 291612, 291614, 291619, 291811, 292090, 292111, 292112, 292119, 292129, 292419, 292429, 292610, 292690, 292800, 292910, 292990, 293090, 293211, 293219, 293299, 293331, 293339, 293391, 293399, 293499, 300390, 320500, 321000, 321519, 330790, 380510, 380520, 380690, 380700, 380810, 380830, 381400, 391220, 400520, 810920, 880330 – flammable liquids; 284440 – radioactive materials 3. Low value freight 2501–2509, 2511–2530 (except 250300, 252400) – salt, earth and stones, plastering materials, lime and cement; 2601–2621 (except 262019, 262040) – ores, slag, ash; 2701–2708 (except 270500, 270730, 270740, 270760) – solid mineral fuels; 4401, 4402 – wood for fuel, charcoal 4. Transportation of all other goods for which the codes are not given in this table. other cargo

140

Annex No. 16 of Network statement of Public railway infrastructure for 2020-2021

16. Description of the Procedure for Allocating Costs Directly Incurred as a Result of the Train Service (Extract)

141

Table of contents

I. GENERAL PROVISIONS...... 142 II. ALLOCATION OF COSTS DIRECTLY INCURRED AS A RESULT OF OPERATING THE TRAIN SERVICE ...... 143 III. FINAL PROVISIONS ...... 148

142

1. General Provisions

1.1. The purpose of the Description of the Procedure for Allocating Costs Directly Incurred as a Result of Operating the Train Service(hereinafter referred to as the Description) is from all costs of AB LTG Infra (hereinafter referred to as LTG Infra) to identify and allocate costs directly incurred as a result of operating the train service and used to calculate the tariff rates of the charge for the minimum access package (hereinafter referred to as the MAP), the use of the traffic and catenary in accordance with the Rules on Calculating and Paying the Charge for the Minimum Access Package and the Charge for Allocated but Unused Capacity of Public Railway Infrastructure approved by the Government of the Republic of Lithuania Resolution No. 610 of 19 May 2004 on the Approval of the Rules on Calculating and Paying the Charge for the Minimum Access Package and the Charge for Allocated but Unused Capacity of Public Railway Infrastructure (hereinafter referred to as the Rules). 1.2. The Description is applied to all employees of LTG Infra whose functions are directly related to calculation of the tariff rates of charges for the MAP, the use of the rail traffic and catenary. 1.3. The terms and abbreviations used in the Description:

Term or Definition or explanation abbreviation

Reporting period Previous financial year. The study on the allocation of infrastructure costs published at https://trimis.ec.europa.eu/sites/default/files/project/documents/20101007_1633 CATRIN 47_88635_CATRIN%20- %20D12%20Conclusions%20and%20Recommendations.pdf.

WT Work type

Elasticity coefficient of operating costs showing the correlation between rail Elasticity traffic and the average cost of public railway infrastructure, or showing the coefficient average change in the cost of running the train. EU European Union

ER and CRT Cost-based repairs and assisting repairs. Basic, additional and/or ancillary rail-related services supplied in railway service RSF services facilities (hereinafter referred to as RSF) managed by LGI.

Production cost Units directly participating in service production, <...>. centres Cost pool of the SAP CO module to accumulate costs related to production of Production order goods that are entered in the warehouse.

LTG Infra organizational unit formed to identify the places of LTG Infra cost CC (cost centre) formation and used for the purpose of LTG Infra cost accumulation.

Costs incurred by LTG Infra that correspond to the cost accounts of the General CE (Cost Element) Ledger (a document used in the accounting to collect data from the registers and calculate account balances) and their classification. Period Closing period covering the previous reporting calendar month.

Costs not related to business activities carried out by the public railway infrastructure manager, which are incurred by LTG Infra when providing RSF Non-related costs and commercial services published on the public railway infrastructure manager’s website.

143

Systematic allocation of the depreciable amount of non-current assets over its Depreciation useful life. LTG Infra organizational unit used for internal control purposes, which allows PC (profit centre) formation of a full balance sheet (or selected accounts only) and profit (loss) account. Financial accounting and business management system used by LTG Infra, the System SAP CO algorithms for calculating the cost of goods are realised in the SAP CO module of cost and performance management.

Technical cost Used within the SAP CO system for technical purposes to allocate costs (service centres collectors), <...>. SAP dimension – a work breakdown structure to indicate and characterise a product (project) being developed. The work breakdown structure consists of 5 WBS element equal WBS elements. WBS elements describe tasks that must be fulfilled or objects that must be created during project implementation.

1.4. Other terms used in the Description are defined in the Railway Transport Code of the Republic of Lithuania (hereinafter referred to as the RTC), the Rules and Commission Implementing Regulation (EU) 2015/909 of 12 June 2015 on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service (the Regulation). 2. Allocation of costs directly incurred as a result of operating the train service

2.1. Costs directly incurred as a result of operating the train service are allocated based on information collected in the SAP CO system. 2.2. Costs directly incurred as a result of operating the train service are allocated in 6 steps indicated in Figure 1 and described inb Items 2.2.1–2.2.7 of the Description.

Step 6. Allocation of costs Step 1. All costs related to the directly incurred as a result of provision of the MAP of the operating the train service. reporting period are identified.

Step 5. Marginal costs of Step 2. Non-related costs are renewal that in part vary with deducted. traffic are added.

Step 3. Ineligible costs are Step 4. Only maintenance costs deducted. that in part vary with traffic are

deducted.

Figure 1. Diagram of costs directly incurred as a result of operating the train service

2.2.1. Step 1. All costs related to the provision of the MAP are identified. The SAP CO system generates two reports, the one records all “X002 – Minimum access package” costs of PC (Profit Centre) for the reporting period, excluding cost-based and assisting repairs (Report No. S_ALR_87013611), the other – repairs registered in WBS elements, recorded in production costs (cost-based and assisting repairs) based on the data of the calendar year ended (Report No. S_ALR_87013543). <...>. 2.2.2. Step 2. Non-related costs are deducted. MAP-non-related costs are deducted from the costs identified in Step 1, <...>, for example: costs of sidings, track brakes, automated and mechanised humps, emergency response, sewage disposal, steam supply, etc. <...>.

144

In this step, non-related costs are separated by analysing work types (hereinafter referred to as WT). If costs fall within WT which is attributed to costs <...>, these costs are eliminated automatically. If they do not fall within WT it is screened whether CC (Cost Centre) is within the list of costs, <...> and if a match is found they are eliminated. <...>. 2.2.3. Step 3. Non-eligible costs are deducted. LTG Infra costs, which are attributed to non- eligible costs under the Regulation, are deducted from the costs identified in Step 2, in the following order: 2.2.3.1. Costs that correspond to depreciation costs described in line 14 of Table 1 of the Description and line 7 of Table 1 of the Description are deducted. At this stage, all depreciation costs are deducted <...>. Allocation of costs to non-eligible is performed by analysing CE (cost elements). If costs fall within CE (cost element) which is attributed to depreciation, such costs are eliminated automatically. <...>. 2.2.3.2. Costs indicated in line 10 of Table 1 of the Description and related to costs of the assisting train in line sections between stations are deducted <...>. These costs are allocated by analysing WT. <...>; 2.2.3.3. Costs indicated in line 11 of Table 1 of the Description and related to electric supply equipment for traction current if not directly incurred by operation of the train service and costs of using power supply equipment are deducted. Costs of power supply equipment are not deducted in the case when these costs are directly related to ensuring traction current for electric trains. Indirect non-production, general, administrative and operational contact network maintenance, electricity grid maintenance and substation maintenance costs, all direct or indirect production costs attributed to maintenance of lighting installations of the catenary and power network are identified as non-eligible and are excluded <...>; 2.2.3.4. Costs indicated in line 3 of Table 1 of the Description and related to land rental charge, costs of maintenance of land registers and renting of other real estate, which are classified as non-eligible, are deducted <...>; 2.2.3.5. All operating costs indicated in lines 1, 4, 5, 6, 9, 12 and 15 of Table 1 of the Description, covering administrative, general, indirect, financing costs (debts, late interest, exchange rates), costs related to technological progress or obsolescence, such as impairment costs of assets directly not related to operating the train service; indirect costs of fixed, mobile and Internet services directly not related to the train service operation; all costs of the provision of information required before starting to provide or provide a particular service for which public railway infrastructure capacity has been allocated; costs of maintenance and renewal of civil infrastructure, such as buildings and engineering facilities, plumbing facilities (costs of engineering networks, communications, utilities, public, trade, and other objects necessary for the provision of services to individuals, renting of equipment, other unavoidable services and materials not related to operating the train service (indirect costs of railway stations, cars, laboratories, etc.) are excluded. Costs related to LTG Infra staff not related to operating the train service, costs of renting facilities and transport vehicles, which do not vary the train service, other costs directly not related to operating the train service (costs of automation sub-group, geodesy, motor vehicles, regions, video surveillance, etc.) and any other costs which the infrastructure manager must bear even in the absence of train movements are also excluded. <...>; 2.2.3.6. non-eligible costs of cost-based and assisting repairs are also identified separately. Costs related to building costs incurred by other than rail transport or line sections between stations are deducted <...>; 2.2.3.7. costs referred to in line 8 of Table 1 of the Description related to track-side sensors, track-side communication equipment and signalling equipment if not directly incurred by operation of the train service are deducted. These costs fall into the cost groups detailed in lines 1, 4, 6, 9 and 15 of Table 1 of the Description; 2.2.3.8. costs specified in line 13 of Table 1 of the Description are deducted; 2.2.3.9. Costs allocated to line 2 of Table 1 of the Description are not related to payments made by the public railway infrastructure manager; 2.2.3.10. Fixed and other costs referred to in Article 4 of the Regulation may, by their nature, be allocated to several types of the MAP costs referred to in Items 2.2.3.1 to 2.2.3.9 of the Description, such as depreciation and overhead costs. In this case, costs are allocated only to one type of costs and only to the one which is first according to the order of separation, i.e. allocated only to depreciation costs (the practical identification of the MAP costs according to the costs referred to in Article 4 (1) of the Regulation is given in Table 1 of the Description).

145

Table 1. Practical identification of non-eligible costs (in accordance with the Regulation)

Description according to the No Proposed principle of separation <...> Regulation 1 Fixed costs relating to the CC, CE groups are identified where the costs <...> provision of a stretch of line allocated to them absolutely do not vary with which the infrastructure manager traffic. This group includes operating costs (all must bear even in the absence of general, administrative, non-allocated, indirect train movements; costs of the groups, units, departments, laboratories)

2 Costs that do not relate to This type of costs has not been identified by the <...> payments made by the public infrastructure manager. infrastructure manager. Costs or cost centres that are not directly linked to the provision of the minimum access package or to access to infrastructure connecting service facilities; 3 Costs of acquisition, selling, Costs of land rental charge and renting of other <...> dismantling, decontamination, real estate fall within the category of non-eligible recultivation or renting of land or costs. Other costs of this type have not been other fixed assets; identified by the public infrastructure manager. 4 Network-wide overhead costs, All operating costs of the MAP. According to the <...> including overhead salaries and grouping of costs in the SAP CO system, this pensions; category also includes these listed cost groups referred to in lines 1, 5, 6, 8, 9, 12, 15 of the Table. 5 Financing costs; All financing costs. These costs are recorded as <...> financial and investment costs, which are classified as non-eligible. All other costs related to taxes and finances (doubtful and bad debts, late interest, exchange rate changes) are included in network-wide overhead costs (referred to in line 4 of the Table). 6 Costs related to technological Impairment costs are identified in this category <...> progress or obsolescence; that are already included in the category of overhead costs (referred to in line 4 of the Table). 7 Costs of intangible assets; Amortisation costs related to software, patents, <...> licenses, goodwill, etc. are allocated to the depreciation category (referred to in line 14 of the Table).

8 Costs of track-side sensors, Track-side signals, signal boxes, track-side <...> track-side communication communication equipment or costs attributed to equipment and signalling track-side sensors (indirect non-production costs equipment if not directly incurred of automation subgroup) are included in the cost by operation of the train service; categories referred to in lines 1, 4, 6, 9, 15 of the Table). 9 Costs of information, non-track Costs of fixed, mobile and Internet services <...> side located communication already allocated to the category of network-wide equipment or telecommunication overhead costs (specified in line 4 of the Table). equipment; 10 costs related to individual This category includes costs related to <...> incidences of force majeure, maintenance and operation of the assisting train. accidents and service disruptions without prejudice to Article 35 of Directive 2012/34/EU;

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Description according to the No Proposed principle of separation <...> Regulation 11 Costs of electric supply Costs related to electric supply equipment for <...> equipment for traction current if traction current if not directly incurred by not directly incurred by operation operation of the train service. Direct costs of of the train service. Direct costs operation of the train services that do not use of operation of the train services electric supply equipment shall not include costs that do not use electric supply of using the electric supply equipment. equipment shall not include costs of using the electric supply equipment; 12 Costs related to the provision of All costs of the provision of information required <...> information mentioned under before starting to provide or provide a particular item 1(f) of Annex II to Directive service for which public railway infrastructure 2012/34/EU, unless incurred by capacity has been allocated, if not incurred as a operation of the train service; result of operating the train service. These costs are split to overhead costs in line 4 of the Table. 13 Administrative costs incurred by LTG Infra does not apply such charges and <...> schemes of differentiated therefore does not incur any related costs. charges referred to in Articles 31(5) and 32(4) of Directive 2012/34/EU; 14 Depreciation which is not All depreciation costs calculated in the <...> determined on the basis of real business accounting system of the public wear and tear of infrastructure infrastructure manager are deducted. due to the train service operation; 15 The part of the costs of These costs are allocated to fixed costs <...> maintenance and renewal of civil (buildings and engineering facilities, buildings infrastructure that is not directly and plumbing, engineering networks, incurred by operation of the train communications, utilities, public, trade, and other service. objects necessary for the provision of services to individuals) referred to in line 1 of the Table.

2.2.4. Step 4. Only operating costs which in part vary with traffic are excluded. Costs allocated under steps 1 to 3 are the average annual operating costs of public railway infrastructure, which vary with train traffic <...>. 2.2.4.1. According to the results of the CATRIN study, which, based on the results of 7 studies performed in Western and Central European countries, has established the correlation between the traffic and the value of costs of operating public railway infrastructure, and given that some part of costs of operating public railway infrastructure varies with traffic more and some part varies less, the average elasticity coefficient is applied to all costs which vary with traffic and are derived from step 3 (Table 2 of the Description). According to the CATRIN study, the marginal costs of operating public railway infrastructure (hereinafter referred to as Operating Costs) are calculated by multiplying the average annual operating costs (calculated in step 3) by the recommended elasticity coefficient (CATRIN):

Operating costs = average annual operating costs * elasticity coefficient, where:

Average annual operating costs are the costs derived from step 3. Elasticity coefficient is the CATRIN-recommended value depending on that year’s current intensity of traffic (low, medium, high) and given in Table 2.

Table 2. Elasticities given different intensities of traffic

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Train traffic intensity Low Medium High Train traffic intensity range 3,000,000- Traffic intensity (tonne-km / 1 km of rail track) < 3,000,000 10,000,000 > 10,000,000 Recommended usage elasticity 0.2 0.3 0.45

Note. The elasticities are applied according to the findings of the CATRIN study, which are calculated Stepon the basis of the used 1435 mm gauge lines. LTG Infra, applying an expert assessment, has compared the costs of maintenance of 1 km of public railway infrastructure to the costs of operating 1435 mm and 1520 mm gauge railway tracks and has established that, given the same parameters of public railway infrastructure, the costs of maintenance of public railway infrastructure have not been changing for 10 years. 2.2.5. Step 5. Marginal costs of renewal that in part vary with traffic are added. To the costs calculated in accordance with the procedure set out in Item 2.2.4. of the Description the estimated marginal costs of renewal of public railway infrastructure are added, which are calculated as follows:

Marginal costs of renewal = annual renewal costs * average renewal elasticity coefficient, where: Annual costs of renewal are determined on the basis of the actual values of investments attributed to public railway infrastructure renewal projects in the reporting year, excluding projects co-financed by the EU’s funds and other repairs identified in step 3 of the Description, and deducting projects whose investments in / expenses for assets are not allocated directly to costs which vary with train traffic. Average renewal elasticity is a percentage value equal to 35 percent; recommended by CATRIN.

2.2.6. Step 6. After all the steps referred to in Items 2.2.1–2.2.5 of the Description are made, the costs directly incurred as a result of operating the train service are derived. 2.2.7. For the purpose of allocating the costs directly incurred by operation of the train service to the tariff rates of charges for the MAP, train traffic and catenary use, the allocation of direct costs, excluding depreciation, for the MAP (without the use of catenary) and for the catenary use as provided in the ZKE24 profitability report (Actions 1 and 2 in Table 3) is followed. According to the data provided in the ZKE24 profitability report, a percentage of costs of the MAP and catenary use in total direct costs is determined (actions 3 and 4 of Table 3 of the Description). Once the percentages of direct costs have been determined, the costs directly incurred as a result of the train service operation are allocated by attributing the costs to the traffic and the catenary use services according to the percentages derived from actions 3 and 4 of Table 3 of the Description (actions 5 and 6 of the Table). Table 3. Allocation of costs directly incurred by operation of the train service to the traffic and catenary use services

Action No. Indicator Result MAP direct costs of the previous financial year A EUR 1 (according to <...> profitability report), excluding depreciation (SAP CO system data) Direct costs of the catenary use for the previous B EUR 2 financial year (according to <...> profitability report) without depreciation (SAP CO system data) TOTAL: A+B EUR Percentage of the MAP direct costs for the previous A * 100 / (A+B) = C1 percent 3 financial year (according to <...> profitability report) based on the SAP CO system data Percentage of direct costs of the catenary use for the B * 100 / (A+B) = C2 percent 4 previous financial year (according to <...> profitability report) based on the SAP CO system data

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Action No. Indicator Result TOTAL: 100 percent Part of the costs directly incurred due to the train All costs directly incurred by the service operation attributable to the MAP (excluding train service operation after all 5 the catenary use) steps of the Description * C1/100, EUR Part of the costs directly incurred due to the train All costs directly incurred by the service, allocated to the catenary use train service operation after all 6 steps of the Description * C2/100, EUR 3. Final Provisions

3.1. The Description shall be reviewed at least every 5 (five) years and updated if necessary.