Sector: 

Name of Agreement:

Transport - Railways

Contract for the Use of the Infrastructure of the National Railway Network (Contrat d’Utilisation de l’infrastructure du Réseau Ferré National)

Type of Agreement:

Track Access Agreement

Year of Agreement/ Draft:

2015

Principal Author(s)

Réseau Ferré de France (RFF)

Annotated by:

Susanne Foerster, Consultant, LEGPS, World Bank

Purpose and Context:

Model contract was developed in accordance with the EU railway regulations, which provide for an open access regime. Contract between IM and RU regulating the use of railway network by RU for the operation of transport services.

Circumstances where this contract may be appropriate:

Countries in Europe and Central Asia that aim to implement access regimes in compliance with EU access regulations.

Drafted for common law/ civil law jurisdiction:

Drafted for civil law jurisdiction; can be adapted to common law jurisdiction.

Main Features:

1. Contract Period (Art. 2 STC): From date of signature by both parties to the second Saturday in December (maximum: one year).

2. General Access Requirements (Art 23 GTC): RU needs to be in possession of

• License;
• Insurance certificate covering any damage caused by RU on network;
• Safety certificate valid for services concerned.

3. Access to Infrastructure and Services Provided (Art. 5 and 6 GTC; Chapter 5 Timetable): RU is granted right to use rail network in form of allocated train paths for railway freight and passenger transport. Right to track access includes services of minimum access package listed in point 1 of Annex II RL 34/2001 (5.2 Timetable).

RU may also request use of service infrastructure, and any additional and ancillary services offered by IM and specified in Timetable (e.g., access to electric traction installations, freight terminals, marshalling yards and storage sidings, supply of traction current). 

4. Management and Maintenance of Infrastructure (Art. 8 GTC, 4.5 Timetable): IM responsible for management and maintenance of railway infrastructure. IM to ensure that characteristics of rail tracks are upheld in order for RU to provide transport services safely at all times. IM to set aside “windows” for network maintenance throughout working timetable period.

5. Rolling Stock (9 GTC): RU responsible for rolling stock including locomotives. RU to ensure that rolling stock is appropriate for use on infrastructure, authorized by competent authorities and compatible with characteristics of rail infrastructure intended to use. RU to respect safety regulations with regard to maintenance of rolling stock.

6. Staff (Art. 10, 11 GTC): IM and RU to ensure that their respective employees have necessary qualifications and know-how. Unqualified or inappropriate staff of RU may be withdrawn at the expense of RU.

7. Charges (Art. 16 - 18 GTC; Chapter 6 Timetable):

Charges for Minimum Access Package (les prestations minimales) include the network access charge, the charge for reserving capacity on the main lines of the national rail network (RR), the charge for running trains on these same lines (RC), the charge for access to the network (RA), the charge for the use of electric traction installations (RCE) and the special charges to take account of the investment costs incurred by RFF (RP).

8. Modifications/Cancellation of Confirmed Train Paths-Days (Art. 14, 20.1. GTC):

• IM may modify or cancel allocated train path-days in certain circumstances (e.g., to execute works on infrastructure or re-establish use of infrastructure after safety-relevant event). In these cases IM shall try to offer RU alternative slot. IM pays compensation to RU if train paths-days need to be cancelled or modified and this leads to relevant delays (two hours for freight trains, one hour for passenger trains).
• IM may cancel train paths-days allocated in case of under-use or breach of obligation by RU (e.g., expiration, suspension or withdrawal of safety certificate or license, prolonged non-payment).
• RU may ask IM to modify or cancel some/all of train path-days allocated. RU to pay compensation if request is made less than 60 days before day of operation.

9. Performance Enhancement Scheme (6.4 Network Statement)

10. Force Majeure (Art 21 GTC): Contractual obligations that cannot be performed because of force majeure event are suspended. No liability if this results in damage for other party.

11. Termination (Art 22 GTC):

Either party may terminate contract in the event of

• Serious or repeated failure of other party to meet essential obligations after remedy period.
• Force majeure event lasts for more than one month and affects performance of entire contract.

IM may terminate contract if RU loses license or safety certificate, insolvency of RU, prolonged non-payment of amount exceeding charge for one month or breach of obligations regarding insurance.

RU can terminate contract at any time with one months notice if it no longer wishes to use network and has cancelled all remaining train paths.

12. Dispute Resolution (Art. 31 GTC)

13. Applicable Law (30): French law.

Possible additional provisions that it might be appropriate to include:

Provisions that may not be advisable to replicate/ may need further thought:

Provisions of wider general use:

Experience Since Coming Into Force (including any amendments)/ if draft form, whether it has been applied:

Tracking Number:

France_Contract for the Use of Infrastructure (Appendices 3.1 and 3.2.1) Timetable_EN.pdf

France_Contrat d’Utilisation de l’infrastructure (Appendices 3.1 et 3.2.1) Horaire de Service_FR.pdf

France_Contrat d’Utilisation de l’infrastructure (Appendices 3.1 et 3.2.1 Annexes Completes)_FR.pdf