Network Statement 2015 Betuwe Line Based on the Railways Act Period of validity: 2015 timetable Sunday 14 December 2014 to Saturday 12 December 2015

Transcription

1 Network Statement 2015 Betuwe Line Based on the Railways Act Period of validity: 2015 timetable Sunday 14 December 2014 to Saturday 12 December 2015 Final version December 2013

2 Version management Version Publishing date Description November 2013 Initial draft November 2013 Second draft November 2013 Consultation round December 2013 Releasing the final version 1.0 List of differences between version 1.0 of the Network Statement 2015 and version 1.2 of the Network Statement 2014 Theme NS 2015 v1.0 compared to NS 2014 v1.2 General Editorial improvements. Fine-tune with Prorail s Network Statement Directives Compliance First fine-tuning session realised for H1, H2 en H3, Appendix 6 (Operational Conditions) concerning the joint legislation (only the specific rules for the Betuwe Line), the timetable design standards (Appendix 16) and the General Terms and Conditions (Appendix 21). Update in connection with the European Directive 2012/34/EU (to replace 2001/14/EG) and EU Decree Compliance with the new chapter layout of the European freight corridors (RFCs), adoption of the operationalisation of the Rail Freight Corridors (section 1.9) and inclusion of the process rules for the offer, request and allocation of the pre-arranged paths in Rail Freight Corridor (in sections , , and ). Chain management a) Provide an integral plan on the free track and railway yards with a connection to the terminal slots of at least RSC, ECT/EMX and EMO (sections , , and 4.6). b) Update of the performance schemes for punctual arrival and departure according to the developments and decisions in the chain management process (section.6.2). c) Measure and discuss the performances and performance schemes and adjust wherever necessary in the operations-managers meetings and managing directors meetings dedicated to the chain management (section 5.6). d) The cancellation malus has gone up for trains cancelled shortly before and after departure (it almost doubled, section 6.3.3). User charges a) Kilometre tariffs (section 6.3.1). b) Progressive stabling tariffs (section 6.3.4). c) Higher surcharges for ordering and delivering standard pattern paths shortly before departure in the VL phase (section 6.3.1). Network Statement 2015 Betuwe Line final version December 2013 Page 2 of 149

3 Bouw Emmerich - Oberhausen Ad hoc capacity Capacity allocation IGS In association with ProRail and DB Netze, the restrictions due to the construction works in Emmerich Oberhausen are included in the draft version, developing alternative routes (section , second last paragraph). Keyrail reserving more (30%) ad hoc capacity of train paths on the Betuwe Line, a 120 minute rise upon departure from railway yards and 120 minutes upon arrival at railway yards in a moving timeframe of six hours (previously 20% of the train paths upon arrival at the railway yard) in a moving timeframe of three hours (section 4.2, point 9). No more than 120 minutes (previously 150 minutes) free stabling upon arrival and departure from the free track, followed by a gradually rising and progressive tariff (sections 4.2, 5.2, and 6.3.4). a) Add applications for using (some of) the maintenance frames of the maintenance schedule with P&AC DONNA (section ). b) Clarify the application requirement for self-planning transporters in DONNA (section ). c) Update the traction/tonnage requirements for the Betuwe Line (section ) and update the traction/tonnage tables (sections and ). Embed the new IGS legislation that was also published on 11 October 2013 also as ab addition to the Network Statement 2014 Betuwe Line (section 2.6 and appendix 6 point 4 Providing Cargo Data). Network Statement 2015 Betuwe Line final version December 2013 Page 3 of 149

4 Contents 1. General information Introduction Purpose... Fout! Bladwijzer niet gedefinieerd. 1.3 Legal framework Legal status Structure of the Network Statement... Fout! Bladwijzer niet gedefinieerd. 1.6 Validity and changes Publishing Contact address for further information Freight corridors Cooperation with other railway infrastructure managers List of terms Access requirements Introduction Access requirements Agreements and the general terms and conditions Operational conditions Exceptional transports Hazardous substances Requirements pertaining to rail vehicles Requirements pertaining to the operational management and staff Requirements pertaining to the provision of information Costs for failing to (sufficiently) observe the agreements and conditions stated in the previous sections... Fout! Bladwijzer niet gedefinieerd Operational chain management rules... Fout! Bladwijzer niet gedefinieerd. 3 Railway infrastructure Introduction Management area Features of the railway infrastructure User restrictions Reliability, availability and operational quality of the infrastructure Stations, distances between stations Loading and unloading sites for freight transport Fout! Bladwijzer niet gedefinieerd. 3.8 Stabling, shunting and other facilities Infrastructure development Capacity allocation Introduction and legal framework Basic principles in the allocation process The allocation process Capacity allocation in the event of congested infrastructure and framework agreements... Fout! Bladwijzer niet gedefinieerd. Network Statement 2015 Betuwe Line final version December 2013 Page 4 of 149

5 4.5 Capacity allocation for maintenance and/or large-scale renovation work/new development... Fout! Bladwijzer niet gedefinieerd. 4.6 Unused capacity Exceptional transports Traffic control Allocating capacity for stabling and shunting facilities Operational cooperation Products and services Introduction Service package 1: minimum access package Service package 2: accessing the facilities... Fout! Bladwijzer niet gedefinieerd. 5.4 Service package 3: additional services Service package 4: support services Performance schemes Studies and other services User charges Introduction Charging principles Tariffs Performance schemes Turnover tax and changes of the Network Statement regulations Invoicing APPENDIX 1: Management boundaries between ProRail and Keyrail APPENDIX 2: List of terms APPENDIX 3: Consultation report... Fout! Bladwijzer niet gedefinieerd. APPENDIX 4: Restricted use of track sections... Fout! Bladwijzer niet gedefinieerd. APPENDIX 5: General regulations on the settlement of complaints and disputes. Fout! Bladwijzer niet gedefinieerd. APPENDIX 6: Operational conditions, procedure for using rented tracks unjustly, operational chain maanagement rules, internal rules, operating licenses. Fout! Bladwijzer niet gedefinieerd. APPENDIX 7: ProRail Keyrail agreements concerning the Zevenaar Zevenaar border route section... Fout! Bladwijzer niet gedefinieerd. APPENDIX 8: Standard overviews for train service handling APPENDIX 9: Specification of reports... Fout! Bladwijzer niet gedefinieerd. APPENDIX 10: Railway undertakings providing information about the composition of the shunting sections on the port railway yards and Kijfhoek APPENDIX 11: Congested infrastructure... Fout! Bladwijzer niet gedefinieerd. APPENDIX 12: Electrified route sections; overhead contact line voltage... Fout! Bladwijzer niet gedefinieerd. APPENDIX 13: Moveable railway bridges in the Betuwe Line area... Fout! Bladwijzer niet gedefinieerd. APPENDIX 14: Public loading and unloading sites... Fout! Bladwijzer niet gedefinieerd. Network Statement 2015 Betuwe Line final version December 2013 Page 5 of 149

6 APPENDIX 15: Refuelling systems within the area of the Betuwe Line... Fout! Bladwijzer niet gedefinieerd. APPENDIX 16: Timetable design standards... Fout! Bladwijzer niet gedefinieerd. APPENDIX 17: Timetable design request form APPENDIX 18: <leeg> APPENDIX 19: <leeg> APPENDIX 20: Purchase and supply of traction electricity and conditions pertaining to the Access to the overhead contact line service APPENDIX 21: General terms & conditions of the access agreement for using the Betuwe Line Fout! Bladwijzer niet gedefinieerd. APPENDIX 22: Model access agreement APPENDIX 23: Local operating rules for the Betuwe Line Network Statement 2015 Betuwe Line final version December 2013 Page 6 of 149

7 1. General information 1.1 Introduction This Network Statement has been drawn up by Keyrail B.V. 1. Keyrail is a private company with limited liability. Shareholders are ProRail B.V., Port of Rotterdam N.V. and Havenbedrijf Amsterdam N.V. 2 Keyrail is the infrastructure manager of the Betuwe Line by virtue of the agreement that exists between Keyrail and the Minister of Infrastructure and the Environment (previously the Minister of Transport, Public Works and Water Management). In execution of the agreement Keyrail and ProRail have made further agreements which they have laid down in a contract. Keyrail is also responsible for managing and allocating capacity, carrying out traffic control and protecting infrastructure. ProRail has authorised Keyrail to: Conclude access agreements for using the Betuwe Line described in section Agree on capacity with the carriers. Keyrail observes the commitments stated in the Railways Act as if Keyrail were the manager. A copy if the authorisation can be requested from the Keyrail OSS (oss@keyrail.nl). The division of tasks between Keyrail and ProRail also involves the proper interpretation and securing of other interfaces between both organisations. This includes intervention agreements, use of planning instruments managed by ProRail, mutual consultation when preparing decisions with a cross-border effect. To prevent confusion among titleholders, Keyrail uses the term operator in this Network Statement. In doing so, Keyrail indicates that clients may appeal directly to Keyrail s commitments ensuing from inter alia the Network Statement and/or the Access Agreement for using the Betuwe Line. It is not Keyrail s intention to involve general and abstract commitments that rest with ProRail as the manager and/or concession holder in this term. For the safe management of the railway infrastructure, Keyrail uses a safety management system as referred to in Article 9 of Directive 2004/49/EC. For this safety management system the Human Environment and Transport Inspectorate (previously the Transport, Public Works and Water Management Inspectorate) has granted an approval that shall remain valid until 21 April Keyrail B.V., listed in the Commercial Register of the Chamber of Commerce in Rotterdam under file number Bouw- en Handelmaatschappij Hallum B.V., a full subsidiary of the City of Amsterdam. Network Statement 2015 Betuwe Line final version December 2013 Page 7 of 149

8 Keyrail handles information with confidentiality, using it exclusively for the purpose for which it was requested and provided. Keyrail does not share with third parties (commercial) details and information about clients, staff and third parties without their permission, unless Keyrail is legally obliged to do so. If Keyrail s act does not have the same outcome for all titleholders, then Keyrail shall apply principles of non-discrimination, transparency and verifiability at all times. Keyrail is the Publisher of the Network Statement Betuwe Line. The Network Statement Combined Network is a ProRail publication. Together these two parts make the Network Statement as referred to in Article 58 of the Railways Act. Keyrail has carried out the consultation and editing process for the Network Statement The final responsibility of the manager lies with ProRail. The Network Statement is based on the officially published legislation on 11 November 2013 and of which the entry into force was also officially published prior to or on that date. The Network Statement 2015 Betuwe Line subject to explicit mention does not run ahead of legislation that is still under construction. Wherever this document refers to the Network Statement, the Betuwe Line is meant exclusively Geography The Betuwe Line is the rail freight connection that runs between the Port of Rotterdam and the German border near Zevenaar. Three partial Lines exist: - The Havenspoorlijn (the Maasvlakte 2 Kijfhoek railway line) - The A15 line (the Kijfhoek Zevenaar railway line) - The Zevenaar Zevenaar border line. In Zevenaar, the Betuwe Line joins the Arnhem-Oberhausen railway line. The Betuwe Line has a number of railway yards: - Maasvlakte Oost - Maasvlakte West 3 - Europoort - Botlek - Pernis - Waalhaven Zuid - Waalhaven Oost - Kijfhoek - IJsselmonde - The Valburg Central Exchange Centre (in Dutch referred to as the Centraal Uitwisselpunt Valburg or CUP). 3 Maasvlakte West includes Maasvlakte West-West Network Statement 2015 Betuwe Line final version December 2013 Page 8 of 149

9 At several locations the Betuwe Line joins the Combined Network: Near Kijfhoek and IJsselmonde on the Rotterdam-Dordrecht railway line. Near Meteren/Geldermalsen on the Amsterdam-Utrecht-Den Bosch railway line. Near Elst on the Arnhem-Nijmegen railway line. The exact boundaries are described in Appendix 1. In addition, the Betuwe Line grants access to the siding tracks and trunk lines and also to the loading and unloading sites that are managed by Keyrail. And through these trunk lines to terminals. The siding tracks and trunk lines are part of the main railway infrastructure as described in Article 2 of the Railways Act The terminals are located outside Keyrail s management area, and so are the siding rails Keyrail s scope Keyrail s scope includes: Capacity management and traffic control 4 on Havenspoorlijn and the A15 line as well as all the adjacent railway yards including Kijfhoek, Rotterdam Feijenoord and Rotterdam IJsselmonde. Maintenance (excluding renewal 5 ) of Havenspoorlijn and the A15 line and all the adjacent railway yards with the exception of Kijfhoek. Carry out contingency management for the Betuwe Line. Keyrail thereby offers the railway undertakings a safe infrastructure system on the Betuwe Line. Provide other services and products in accordance with Directive 2012/34/EU. Proceed in accordance with the General Terms and Conditions pertaining to the Access Agreement 6 in case of damage. Provide through standard pattern paths on the Betuwe Line to Germany and vice versa through the Zevenaar-Zevenaar border. Carry out traffic control on the Zevenaar Zevenaar border section (see also section 1.1.3). 4 In Keyrail s name, traffic control on the infrastructure, as referred to in Article 16, paragraph 16c, of the Railways Act 2003, is performed directly and under ProRail s responsibility in Kijfhoek and on the main railway infrastructure managed by Keyrail. Activities will be performed within the frameworks of: - legislation, - this Network Statement Betuwe Line and the Access Agreement for using the Betuwe Line and the work processes based thereupon, - Keyrail s safety management system, - the Traffic Control and Train Service Management handbooks and working methods of ProRail. The further agreements about traffic management on the Zevenaar- Zevenaar border route section are described in Appendix 7. 5 ProRail is responsible for (activities concerning) the replacement and expansion investments in Keyrail s management area. Keyrail is responsible for the capacity allocation process relating to these activities. 6 See Appendix 21 Network Statement 2015 Betuwe Line final version December 2013 Page 9 of 149

10 1.1.3 Agreements between ProRail and Keyrail on the Zevenaar-Zevenaar Border section Keyrail provides through train paths between Rotterdam and Germany via the Zevenaar Zevenaar border section. This section is part of the Combined Network. Hence, for this part ProRail has the final responsibility for the capacity allocation, traffic control and maintenance. For this conversion section, ProRail and Keyrail have made the following agreements: Keyrail carries out traffic control in accordance with ProRail s specifications. ProRail and Keyrail tune the allocation of train paths that run via Arnhem and the paths running via the Betuwe Line, based on the available capacity, in order to meet clients requests optimally and in a non-discriminatory manner, in accordance with the prevailing rules. Keyrail handles requests in the ad hoc phase for paths on the Betuwe Line. Appendix 7 includes a summary of the agreements that exist between ProRail and Keyrail. 1.2 Purpose The Network Statement provides the railway undertakings and other titleholders with the information they need to access and use the Betuwe Line. This includes information about the railway infrastructure, capacity allocation procedures, products and services offered by Keyrail as well as user charges. 1.3 Legal framework The Network Statement 2015 is a network statement as referred to in Article 58 of the Railways Act, and in article 3 of Directive 2001/14/EC Legal status General comments The Network Statement is based on legislation officially published on 1 November 2013 and of which the entry into force was also officially published prior to or on this date. The Network Statement subject to explicit mention does not run ahead of legislation that is still in progress. Betuwe Line ProRail, in preparing the next paragraph pertaining to the management of the Betuwe Line, acted as though the intended prolongation of the Agreement between the State, ProRail BV, Havenbedrijf Rotterdam NV and Havenbedrijf Amsterdam NV that expired on 1 September 2013 and which involved the agreements on the Betuwe Line and the following Cooperation Agreement for Operating the Betuwe Line that existed between Keyrail BV and ProRail BV has 7 Directive 2012/34/EU of the European Parliament and Council dd. 26 February 2001 concerning the allocation of the railway infrastructure capacity and the levy of rights for using the railway infrastructure and the safety certification. Network Statement 2015 Betuwe Line final version December 2013 Page 10 of 149

11 already come about. As regards the management of the Betuwe Line as of 1 January 2015, the reservation referred to in the section below (1.1) shall prevail as well. Within the framework of the management concession the Betuwe Line the freight railway from Maasvlakte via Kijfhoek to Zevenaar is managed by Keyrail, whereby ProRail as the holder of the management concession is the only party responsible for the observation of the manager s statutory obligations. The Network Statement 2015 is published under ProRail s responsibility in two separate parts. One part is called the "Network Statement 2015 Betuwe Line". It contains details about the Betuwe Line. The other part is known as the "Network Statement2015 Combined Network," which includes information for the other railways managed by ProRail, hereinafter referred to as the Combined Network. Together, these two parts make the Network Statement as referred to in Article 58 of the Railways Act for the main railway infrastructure for which ProRail performs the management by virtue of the management concession. The Network Statement Betuwe Line 2015, insofar it pertains to the period up to and including 31 December 2014, will be drawn up on behalf of ProRail and published by Keyrail, by virtue of an authority granted by ProRail as of 1 September 2014, according to which Keyrail is entitled to exert ProRail s authorities as the holder of a concession referred to in this power of attorney. The text concerned is available on ProRail s website: The Network Statement is based on the regulations in force on the date of publication. In addition to Directive , the EU bye-law also prevails. Keyrail has drawn up the Network Statement 2015 after consulting with the titleholders involved (see appendix 3). A draft version of this document will be offered to the titleholders in a consultation procedure. A four-week reply deadline prevails. Keyrail has submitted the Network Statement to the Authority for Consumers & Markets. Should (some of) the rules and regulations change during the term of the Network Statement, then Keyrail will inform the titleholders about the commencing date. In addition, Keyrail will operationalise the transition rules that are included in these rules and regulations Liability Keyrail has carefully prepared the Network Statement. Keyrail shall not be held liable for any loss or damage ensuing from apparent mistakes or printing errors. In the event of any discrepancy between the Dutch and the other versions of this Network Statement, the Dutch version shall prevail Complaints, disputes and conflict settlement Keyrail handles capacity allocation disputes for the annual timetable on the basis of the Capacity Allocation Dispute Settlement (section ). Keyrail handles complaints and disputes regarding other subjects (including complaints about the Network Statement 2015) according to Network Statement 2015 Betuwe Line final version December 2013 Page 11 of 149

12 the Keyrail General Complaints and Dispute Settlement (Appendix 5). Applying these complaints and disputes settlements does not interfere with parties right, within an Access Agreement of Framework Agreement, to request the Authority for Consumers and Markets in writing to investigate whether Keyrail has treated them unfairly, has discriminated them or has put them at a disadvantage otherwise. The Authority for Consumers and Markets also handles complaints about the capacity allocation process and outcome. More information about the Authority for Consumers and Markets is available at Structure of the Network Statement Keyrail observes the agreements made by the infrastructure managers united in the RailNetEurope (RNE) for uniform chapters of the Network Statement. The intrinsic basic principle for this RNE pattern is Appendix I of Directive 2012/34/EU. 1.6 Validity and changes Period of validity The Network Statement 2015 applies to the following: 1. Accessing and using the infrastructure of the Betuwe Line in the year Handling the capacity applications for the year 2015 (timetable and ad hoc). The timetable year 2015 is from Sunday 14 December 2014 to Saturday 12 December 2015, as laid down by RNE in accordance with Directive 2012/34/EU. The details in this Network Statement concerning the period after 12 December 2015 are indicative Additions and amendments Keyrail publishes change sheets in the event of circumstances that might interfere with the operational management of the railway undertakings. In addition, changes of (intrinsic or references to) public-law schemes might lead to a change sheet. Keyrail submits each change sheet for consultation to titleholders, prior to publication. For these interim supplements, Keyrail applies a response period of four weeks Differences with the previous edition The Version Management tables (page 2 and beyond) provide a list of the differences between the current version and the previous version of the Network Statement. 1.7 Publishing The Network Statement 2015 and the Supplements that followed are available on the internet 8. The Network Statement shown is updated with the Supplements available so far (Dutch and English version). Keyrail provides titleholders who have signed an access agreement with Keyrail or who are in the process of doing so with the digital version of the Network Statement and the 8 To be consulted on Keyrail s website ( > capacity allocation > network statement) Network Statement 2015 Betuwe Line final version December 2013 Page 12 of 149

13 Supplements free of charge. To receive your copy of the document, you may send an to 1.8 Contact address for further information Keyrail is pleased to provide railway undertakings and other titleholders with further details about the subjects covered in the Network Statement. To this purpose you may contact: Keyrail BV, PO BOX 108, 3330 AC Zwijndrecht Visiting address: Develsingel 11, 3333 LD Zwijndrecht Telephone: + 31 (0) OSS@keyrail.nl Freight corridors As far as the freight corridors are involved, Keyrail joins hands with other infrastructure managers to set up a European freight transportation network. The table below (1.1) represents the sections that are part of the Dutch railway network and which are part of the freight corridors referred to in the (EU) Decree No. 913/2010 dated 22 September 2010 concerning the European railway network for competing freight transport. Part of the capacity allocation process is also handled by these corridors and no longer by Keyrail. The table below (1.1.) includes those sections that are part of the Dutch railway network and which are also part of the international freight corridors shown in the same table. Table 1.1. International freight corridors with track sections in the Netherlands Corridor no. Section in the Netherlands Main section of the freight corridor RFC 1 (operational as of November 2013) RFC 2 (operational as of November 2013) Maasvlakte Kijfhoek Zevenaar (border) / Amsterdam Westhaven - Zevenaar (border) Maasvlakte - Kijfhoek - Roosendaal (border) Zeebrugge - Antwerp / Rotterdam / Amsterdam- Duisburg - Basel - Milan - Genoa Rotterdam - Antwerp - Luxemburg - Metz - Dijon - Lyon / Basel RFC 8 (operational as of November 2015) Maasvlakte - Kijfhoek - Zevenaar (border)* * alternative routes are being investigated Bremer port / Rotterdam / Antwerp - Aken / Berlin - Warsaw - Terespol - Kaunas From the corridor organisations Keyrail, working closely together with RNE as preferred supplier of working methods, has provided the details of the intended measures. Network Statement 2015 Betuwe Line final version December 2013 Page 13 of 149

14 The information required has been published by each corridor organisation in the Corridor Information Document. The contact details of the corridor organisations: De company: contactgegevens van EEIG de corridorganisaties Corridor Rotterdam zijn: - Genoa EWIV visiting address: Hahnstraße Frankfurt am Main, Germany telephone: info@corridor1.eu internet : company: Corridor 2 visiting address : 9, place de la Gare L-1616 Luxembourg telephone: info@corridorc.eu internet: Cooperation with other railway infrastructure managers Keyrail joins hands with the managers of the adjacent railway infrastructure. This cooperation also involves: Capacity allocation: to be able to offer through train paths for international (or management cross-border) traffic in the event of international applications. Tuning of the planned maintenance and management activities for instance that interfere with traffic to and from other control areas. Traffic control: agreements on the control of and intervention with (management) crossborder train traffic. Due to the expected and drastic discontinuations on German territory between Emmerich and Oberhausen, the infrastructure managers are working closely together. In case of a situation whereby innovations are necessary in order to facilitate train traffic, this Network Statement might be adjusted in deliberation with ProRail and DB Netze. RailNetEurope (RNE) RailNetEurope (RNE) was founded in January As a non-profit organisation of infrastructure managers and railway capacity allocating organisations, it seeks to facilitate international traffic on the European railway infrastructure. RNE s purpose is to support railway undertakings in their international activities (goods and travellers) and increase the efficiency of the infrastructure managers processes. The members of Network Statement 2015 Betuwe Line final version December 2013 Page 14 of 149

15 RNE are fine-tuning the international railway transport conditions, introducing a joint approach to stimulate the European railway sector with benefits for the entire railway industry across Europe. Keyrail became an RNE member in At the moment RNE has 37 members. More information is available on One Stop Shop The RNE members have set up One Stop Shops that operate like a network of client contact points. In order to apply for an international train path, a railway company only needs to contact one of these One Stop Shops, which will initiate and guide the entire international tuning process. The Keyrail One Stop Shop will in close consultation with the managers involved: Provide information on access to the infrastructure of the own control area. Provide information on products and services. Coordinate and handle capacity applications for each international train path. Handle capacity applications for national transport. Ensure the applications for the following timetable period are properly introduced in the annual timetable process. Make proposals for train paths about the entire international trace, coordination thereof mainly through the RNE application Path Coordination System. A list with the contact details of the One Stop Shops is available on Keyrail s One Stop Shop can be addressed as follows: Headquarters in Kijfhoek (1 st floor) Postal address: PO Box 108, 3330 AC Zwijndrecht Visiting address: Develsingel 11, 3333 LD Zwijndrecht Telephone: +31 (0) fax: +31 (0) OSS@keyrail.nl The RNE services and systems The website provides information on the following RNE systems: Path Coordination System (PCS) Charging Information System (CIS) Train Information System (TIS) PCS (previously known as Pathfinder) is a system used for requesting and fine-tuning the international timetables CIS (previously known as EICIS) is a system for providing information on user charges. TIS (previously known as Europtirails) is a system used for gaining insight into the current implementation of the timetables of international trains. Network Statement 2015 Betuwe Line final version December 2013 Page 15 of 149

16 1.11 List of terms Appendix 2 includes a list of explanations of specific terms mentioned in this Network Statement. On you will find an extensive list of terms relating to the Network Statement. Network Statement 2015 Betuwe Line final version December 2013 Page 16 of 149

17 2 Access requirements 2.1 Introduction The Railways Act is the legal framework for titleholders access to the main railways and for the allocation and reservation of capacity. 2.2 Access requirements Railway undertaking is taken to mean each private or public undertaking as referred to in Directive 95/18/EC and which uses or intends to use the railway and therefore has traction. In the Netherlands, the term railway undertaking also extends to undertakings that provide traction only; Dutch law in this respect allows for a broader interpretation than European law Requirements for capacity applicants The following categories of (legal) entities may apply for capacity with Keyrail. They are entitled to conclude an access agreement or a framework agreement with Keyrail 10 : Railway undertakings. Undertakings that have applied for an operating licence 11. Each natural person or legal entity that can demonstrate to Keyrail that is has a commercial interest in the acquisition of capacity for freight traffic services. Keyrail shall handle applications which are submitted by One Stop Shops that are affiliated with the RNE. The carrier interpreting the distributed capacity in this manner must be holding an Access Agreement. Titleholders who are not railway undertakings may only enter into a capacity agreement. The latter exclusively involves the reservation of capacity, yeti t does not give the right to access or use the main railway infrastructure Requirements pertaining to track traffic participants By virtue of the Railways Act, access to the main railways and participation in railway traffic is reserved for railway undertakings which: hold a valid operating licence or equivalent document 12, hold a valid safety certificate or a test certificate 13, 9 Article 1 paragraph f of the Railways Act 10 Article 57 of the Railways Act, combined with article 2 of the Railway Capacity Allocation Decree. 11 See Article 28 of the Railways Act 12 Article 27 paragraph 2 under a of the Railways Act. Operating licenses for companies located in the Netherlands are issued by the Transport, Public Works and Water Management Inspectorate). Network Statement 2015 Betuwe Line final version December 2013 Page 17 of 149

18 are insured against risks related to the statutory liability 14, have concluded an access agreement with the manager and/or operator for the actual participation in traffic. Appendix 6 (section E) provides an impression of the statutory regulations relating to the operating licences. 2.3 Agreements and the general terms and conditions n civil law terms, the Network Statement is the Keyrail s offer to titleholders for access to and use of the railways managed by Keyrail and the accompanying services offered by Keyrail. On grounds of statutory non-discriminatory regulations 15, not all parts of this offer are open to individual negotiation. Keyrail has four types of agreements: framework agreements, access agreements, leases and capacity agreements Framework agreements Framework agreements are concluded between titleholders and Keyrail. In these agreements, parties lay down the capacity agreements for more than one timetable. Framework agreements may also include agreements pertaining to the infrastructure. Framework agreements must meet the terms and conditions referred to in Article 60 of the Railways Act. In preparing a framework agreement, Keyrail will consider titleholders suggestions concerning the framework agreement and related mutual rights and obligations. In particular, the capacities agreed upon may not interfere with any other expected capacity requests. Framework agreements must contain suitable facilities in order to change the agreement if such is necessary for using the capacity efficiently. When allocating capacity, the capacity allocation rule based on statutory provisions will have priority over rules stated in a framework agreement Access agreements ProRail, in preparing the following section pertaining to the access agreement for the Betuwe Line, proceeded as if the intended prolongation of the agreement that expired on 1 September 2013 and which existed between the State, ProRail BV, Havenbedrijf Rotterdam NV and Haven Amsterdam NV concerning the agreement that came about for the Betuwe Line and the following cooperation agreement for using the Betuwe Line between Keyrail BV and ProRail BV. As regards the access agreements for using the Betuwe Line as from 1 January 2015, the reservation stated under section 1.1 prevails as well. 13 Article 27 paragraph 2 under b of the Railways Act v; for access to and use of the main railways a security or a test certificate is obligatory. Safety certificates and test certificates are issued by the Transport, Public Works and Water Management Inspectorate. 14 Article 55 of the Railways Act. A railway company using the main railway must be insured against the financial risks relating to the statutory liability. See also articles 7 and 8 (paragraph 3) of the Operating License Decree and the safety certificate for main railways. 15 Article 59 of the Railways Act. Network Statement 2015 Betuwe Line final version December 2013 Page 18 of 149

19 Access Agreements are entered into by titleholders and Keyrail. These agreements must meet the terms and conditions stated in Article 59 of the Railways Act. Access agreements for using the Betuwe Line, provided they pertain to the period up to and including 31 December 2014, are concluded by Keyrail on behalf of ProRail. Keyrail, by virtue of a power of attorney issued by ProRail, may exert authorities as the holder of a concession as described in the power of attorney. The text of the power of attorney in question is available on ProRail s website Access Agreement include stipulations regarding the functionality and quality of the main railway infrastructure offered by Keyrail, the capacity and user charges. In addition, the Access Agreement might include agreements about the services and/or products referred to in chapters 5 and 6 including related performance agreements and user charges as well as the application of the operational conditions (see section 2.4). The model text of an Access Agreement (appendix 22) and the related General Conditions (appendix 22) are included in this Network Statement. In the Access Agreements, Keyrail seeks to agree on the General Terms and Conditions, which describe the administrative, technical and financial regulations that apply to using the railway infrastructure managed by Keyrail and the service offered accordingly. The Access Agreement and the General Terms and Conditions are prepared to as such meet the European General Terms and Conditions as agreed upon by CIT, CER and RNE. The European General Terms and Conditions are available through the following link: Leases Railway undertakings may hire railway yard tracks from Keyrail. If a titleholder, as described in section wishes to enter into a long-term lease (e.g. in case of investments and/or if facilities are to be provided) Keyrail, if possible, makes separate agreements with the party in question Capacity agreements In the Network Statement, an access agreement between Keyrail and a titleholder not being a railway undertaking is known as a Capacity Agreement. The latter exclusively pertains to the allocation and reservation of capacity, yet it does not grant the right to access or use the railway infrastructure. 2.4 Operational conditions The statutory rules for safe and unhindered use of the main railways are laid down in the Rail Traffic Decree and associated regulations. In addition to the statutory requirements, operational conditions are required on the interface of the industrial processes of the railway undertaking and infrastructure manager. Network Statement 2015 Betuwe Line final version December 2013 Page 19 of 149

20 With a few exceptions, the operational conditions are identical to the prevailing operational conditions as described in Appendix 6 of the Network Statement Combined Network. Keyrail has detailed some of these operational conditions in line with the Betuwe Line. These conditions involve the departure procedure, intervention of the train service, ensuring detection and the environmental aspects. These are described in Appendix 6 of this Network Statement. Keyrail seeks to lay down the application of these operational conditions in the Access Agreement. ProRail uses Dutch as its official language (as referred to in TSI Exploitatie en Operations 16 ). 2.5 Exceptional transports Trains, vehicles and loads that do not comply with the statutory requirements or the requirements agreed upon with Keyrail for the Minimum Access Package can in some cases, insofar the law permits, and without prejudice to any statutory obligations concerning exemptions, still be used under the conditions of a Regulation for Exceptional Transport. More information can be found in Appendix 6 of this Network Statement (see section 1.2). Exceptional transports are no part of the Minimum Access Package. 2.6 Hazardous substances The carriage of dangerous goods by rail is governed by the Carriage of Dangerous Goods Act, the Decree on the Carriage of Dangerous Goods and the Regulations for the Transport by Rail or Dangerous goods, by force of which the RID 17 has also been adopted in the Dutch legislation. Keyrail applies the following basic principles for observing the aforementioned legislation: WVGS Article 47: The duty to report incidents or accidents as described in this article is the responsibility of the railway undertaking in question. VSG Margin number NE (Leave railway carriages ( parking scheme )): observing the stipulations stated in this margin number is the responsibility of the railway undertaking under whose supervision the wagons concerned have been placed. Margin number NE (Notification, monitor and handle class 1 freight transport) - paragraph 2.c: to this purpose the railway undertaking provides the wagon list in accordance with the Operational Conditions; - paragraph 4.a: the railway undertaking in question is responsible for making sure the wagons concerned are not humped or disposed of. Margin number NE (Notification, monitor 16 Decree 2011/314/EU, PbEU L Regulations concerning the international railway transport of dangerous goods (RID), Annex C to the Convention concerning the international carriage by rail (COTIF) Network Statement 2015 Betuwe Line final version December 2013 Page 20 of 149

21 and handle the transportation of UN1017 chlorine) - paragraph 1.e: to this purpose the railway undertaking reports matters explicitly in the timetable request; - paragraph 1.j: the railway undertaking in question is responsible for making sure the wagons concerned are not humped or disposed of. RID Margin number & b. (information on train composition): Free lane: the railway undertaking, prior to a train s departure, must notify Keyrail about the train composition, including the presence of any hazardous substances on board that train. The information supply method is described in Appendix 6, Operational Conditions, section 2.2, step 1. Railway yards: A railway undertaking, on Keyrail s request, must state the wagons that are present on a railway yard, including any hazardous substances inside these wagons, specified per wagon and stating the track on which the wagon is located (and also the number of kilometres if these are unknown). See also Appendix 10. Margin number a. & 1.11 (internal contingency plan for shunting yards): Keyrail prepares a generic business emergency plan and specific business emergency plans for each railway yard. Subsequent to adoption, these plans are offered to the railway undertakings on Margin number (reporting a serious accident or incident): The duty to report as described in this article is the responsibility of the railway undertaking in question. Margin number (determine the safety plan): Keyrail is the initiator in the development of the contingency plans for railway yards and in the realisation process it makes sure to verify whether any significant changes have presented themselves among the parties who are part of the railway yard. Keyrail is willing to help prepare the contingency plans intended, however it believes that the railway undertakings should initiate matters and take responsibility. Using and stabling wagons with hazardous substances is only permitted on the railway yards designed for this purpose (see section 3.4.3), under the terms and conditions of the environmental permit issued for that railway yard and provided Keyrail receives up-to-date information on the location of these hazardous substances. By virtue of sections to b of the RID, the railway undertaking is to make sure Keyrail, while carrying shipments containing hazardous substances (also while staying on a railway yard during transportation) can have access promptly and without any obstacles to the cargo data of those wagons, as well as information about the location of those wagons and the location of these wagons with respect to other wagons of the railway undertaking in the train. In the Access Agreement, Keyrail seeks to lay down whether the railway undertaking s operational activities include the transportation of hazardous substances. And if so, the Access Agreement Network Statement 2015 Betuwe Line final version December 2013 Page 21 of 149

22 should include agreements on the manner in which details are to be provided about that transportation (see Appendix 6, Operational Conditions, section 4.1). In the Access Agreement, Keyrail wishes to include agreements on how, upon carrying hazardous substances, the cargo data and information relating to the wagon order in trains and railway yards will be provided (see Appendix 6, Operational Conditions, section 4.2). 2.7 Requirements pertaining to rail vehicles Admission certificate Deployment of a vehicle on a main railway requires an admission certificate 18. The admission certificate is supplementary to the approval certificate 19 or the EC acceptance declaration 20. The admission certificate is issued by the Minister (Human Environment and Transport Environment Inspectorate, in Dutch also referred to as ILT). The latter may in advance issue a Declaration of No Objection (in Dutch: VgB). An admission certificate 21 is not required for coaches and wagons, provided they comply with the technical regulations of the latest version of the RIC or the RIV and provided they have been included in a national vehicle register. Vehicles deployed on the main railways under the responsibility of the railway undertaking must be included in a maintenance system that guarantees that vehicles will continue to meet the admission requirements 22. Responsibility of railway vehicles The railway undertaking that has deployed a railway vehicle remains responsible for that vehicle towards Keyrail subsequent to the arrival of the vehicle. This responsibility only lapses once another railway undertaking has carried or relocated that vehicle, or has notified Keyrail that it will take over the responsibility for that vehicle. Keyrail shall not accept takeover based on the notification of the acquirer. In such case Keyrail may request the railway undertaking to confirm takeover. In dispute between both railway undertakings, the first-mentioned railway undertaking shall remain responsible at all times. Tyre quality Keyrail attaches great value to handling tyre irregularities. Tyre irregularities can, due to increased wear, lead to material breaking and other damage to vehicles and infrastructure, creating unsafe situations. Systems such as Quo Vadis and GOTCHA enable Keyrail to signal railway vehicles with tyre irregularities. Keyrail informs the railway undertakings involved about the matter. Also, 18 Article 36 paragraph 4 of the Railways Act 19 Article 37 paragraph 2 of the Railways Act 20 Article 37 paragraph 1 of the Railways Act 21 Article 32c of the Rail Vehicle Inspection Regulations 22 Article 47 of the Railways Act Network Statement 2015 Betuwe Line final version December 2013 Page 22 of 149

23 Keyrail can give instructions 23 to the driver of the train concerned. The driver is obliged to follow these instructions. Keyrail can take measures to minimise any negative effects. 2.8 Requirements pertaining to the operational management and staff The railway undertaking makes sure staff 24 (including auxiliary persons) deployed or working under its responsibility as described in the Railways Act have been sufficiently instructed about the safety aspects and the proper execution of the operational processes. The railway undertaking makes sure that the (auxiliary) staff working under its responsibility are operating in accordance with the operational conditions as agreed upon in the Access Agreement. If the persons involved carry out work on the railway infrastructure they must be able to demonstrate that they are doing so on behalf of the railway undertaking. The railway undertaking must inform the persons involved about the compulsory instructions which Keyrail might give by virtue of the legal authorities. In addition, the railway undertaking must instruct the persons involved about the aspects related to several operational aspects referred to in this Network Statement (see for example Appendix 6, Operational Conditions) and Keyrail s Internal Rules, published on Requirements pertaining to the provision of information The railway undertaking continuously provides Keyrail with the information required about the use of the infrastructure. Keyrail shall only request information from carriers which Keyrail cannot (yet) access. Wherever current legislation prescribes, carriers shall be obliged to provide the information requested. This information includes: information which the railway undertaking includes in the capacity applications (see application information in chapter 4); information which the railway undertaking provides immediately prior to the actual use of the infrastructure; information about the realised use, traffic and transport within a period which the railway undertaking delivers after that period (statistical information; appendix 9); information about the activities of the railway undertaking within specific infrastructure sections in the sense of the Environmental Management Act, which the licence holder must report; ECTS loggings for disruption analysis. Keyrail and the railway undertaking make further agreements about the modalities of all information transfers, both within the framework of the legal obligations and that of the Access 23 Article 23 paragraph 1 of the Rail Traffic Decree, article 15 paragraph 1 of the General Terms and Conditions 24 Article 22 paragraph 2d and articles 49 to 54 of the Railways Act Network Statement 2015 Betuwe Line final version December 2013 Page 23 of 149

24 Agreement. Parties can determine that a railway undertaking provides information that serves several purposes only once Costs for failing to (sufficiently) observe the agreements and conditions stated in the previous sections Keyrail retains the right to recover and/or pass on the demonstrable (higher) costs which Keyrail has incurred due to the railway undertaking s incidental or structural failure to meet the described conditions and agreements to the railway undertaking that has caused these costs The Operational Chain Management Rules The Chain Management Ambition is: The (international) rail freight transport involves several links. The common objective is to carry goods safely, efficiently and reliably to their destinations. This requires integral planning and careful tuning with successive partners in the logistics chain. All chain partners focus on the smooth connection of the transport process: from beginning to end and for all trains. In doing so, we proceed bearing customer and market in mind. In order to serve the market as properly as we can, we make sure crystal-clear agreements exist about planning and how transport activities are performed across the rail infrastructure. All parties involved adapt to deviations and Keyrail coordinates the optimisation of the comprehensive planning process. The applicable chain management operational rules follow from the proper mutual tuning between all parties involved. The chain management operational rules are part of the general terms of conditions. They can be viewed on By evaluating performances and chain agreements with chain partners on a regular basis, we never cease to improve the performances of the rail product. Wherever necessary, structural improvements are ensured together. The inauguration of Maasvlakte 2 ensures major growth of the rail freight transport volumes. Given the limited capacity of the rail infrastructure, we can only facilitate growth by managing the available railway and railway transport tightly. In doing so, safety, efficiency and reliability are pivotal. Network Statement 2015 Betuwe Line final version December 2013 Page 24 of 149

25 3 The Railway Infrastructure 3.1 Introduction This chapter contains a description of the functional and technical characteristics of the railway infrastructure managed by Keyrail. The description relates to the characteristics of the infrastructure that matter in terms of interoperability and capacity allocation, including information on user permits and environmental permits issued to Keyrail. Keyrail is responsible for keeping the descriptions contained in the Network Statement compliant with the technical and functional characteristics of the railway infrastructure. Keyrail shall report any changes to the technical or functional characteristics of the infrastructure, wherever necessary accompanied with a Supplement to the Network Statement. Following from the provision in article 58 (paragraphs 2a and 2d) of the Railways Act, Keyrail, via using the RMS 25 Client system, enables titleholders to become familiar with the (details of the) infrastructure aspects of the Betuwe Line. Whenever these sources do not provide sufficient information, titleholders may contact the Keyrail s One Stop Shop. 3.2 Management area Railways managed by Keyrail Keyrail s management area comprises: The railways indicated as main railways in the Main Railways Decree 22 and of which the management lies with Keyrail. The infrastructure facilities that are part of those main railways and that have been indicated as railway infrastructure, as referred to in appendix 1, section A, of the Decree (EEC) no. 2598/7023; The railways within Keyrail s management area governed by the 1966 Sidings Regulations More information about the railway managed by Keyrail and also on the agreements that exist with ProRail can be found in section Fout! Verwijzingsbron niet gevonden. and also in Appendix 7. The exact location of the management boundaries between ProRail and Keyrail has been specified in Appendix Connected railways beyond Keyrail s management Below crossings connect the Betuwe Line to the railways in the adjacent management areas: 25 Keyrail s Rail Management System Network Statement 2015 Betuwe Line final version December 2013 Page 25 of 149

26 with the railway network managed by ProRail near: o Kijfhoek and IJsselmonde on the Rotterdam-Dordrecht railway line, o Meteren/Geldermalsen on the Amsterdam-Utrecht-Den Bosch railway line, o Elst on the Arnhem-Nijmegen railway line. with the railway network in Germany managed by DB Netze, via the Zevenaar Emmerich border crossing (in association with ProRail, see section 1.1.3). The exact boundaries are described in Appendix 1. Rail connections are linking several industrial companies and freight transhipment companies with the rail infrastructure managed by Keyrail. These rail connections are not managed by Keyrail; information about capabilities and use conditions of these rail connections is available with the companies that are made accessible through the rail connection Further information The Network Statement provides user information on aspects of the infrastructure that matter to the interoperability. On Keyrail s website graphical track overview drawings are offered making clear the location and numbers of signals, switches and tracks on the Betuwe Line. Railway undertakings may request detailed information on the infrastructure of the Betuwe Line at through the RMS system or at Keyrail s One Stop Shop. 3.3 Characteristics of the Betuwe Line rail infrastructure The network characteristics relevant to traffic use are described according to the criteria below: Geographical identification Potential for use Safety and communication systems Geographical identification The network configuration is represented in section The nominal rail gauge across the Betuwe Line area is 1,435 mm, in accordance with EN Potential for use Rails potential for use is described using the parameters below: loading gauges axle loads and ton metre weights gradients route section speed train length power supply. Use outside the limit values of the aforementioned parameters is permitted only under conditions agreed upon (see section 2.5). Network Statement 2015 Betuwe Line final version December 2013 Page 26 of 149

27 Loading gauge The GC loading gauge prevails on the Betuwe Line, with the exception of the Zevenaar east Zevenaar border section, where G2 is applicable. The special loading gauge that may qualify for a simplified procedure for out-of-gauge transport is also available with Keyrail. Vehicles used at an international level 26 must also comply with the vehicle gauge requirements of the adjacent infrastructure area. Axle loads and ton metre weights Axle loads and ton metre weights Loading class D4 is permitted for the infrastructure managed by Keyrail, at the maximum speed that applies locally. Driving railway vehicles with such loads exceeding loading class D4 is only permitted as Exceptional Transport. Gradients The gradient of holding sidings does not exceed 1:1000. The gradient of other tracks as a rule does not exceed 1:200; in case of larger gradients, the signalling is equipped to ensure that heavy trains need not be brought to a stop on such gradients. Speed The route section speed is the highest speed allowed on a route section or part thereof. In RMS Client, the speed class of the section speed is indicated per route section. Train length The maximum train length for freight trains (including locomotive) is 750 m. Trains exceeding 750 m may only run as Exceptional Transport. The train length must at all times be tuned to the user options that exist for the route which the train is scheduled to follow. Power supply The railways managed by Keyrail include facilities for diesel traction and for electrical traction via the overhead contact line. Refuelling systems are available for diesel traction users; see section and appendix 15. Keyrail is responsible for setting the roadways to the refuelling systems. The route sections fitted out with an overhead contact line for traction power supply are shown in appendix 12 (electrification). Consult RMS Client for more details about the overhead contact line voltage and any restrictions of the maximum current collection per route section. Voltage and current collection are in accordance with EN The height of the overhead contact line compared to the top edge of the rail is m as standard on route sections with gauge GC or G2. A different height is possible at the location 26 Including from/to the Combined Network Network Statement 2015 Betuwe Line final version December 2013 Page 27 of 149

28 of structural works, although the overhead contact line remains beyond the vehicle gauge locally applicable. See Appendix 20 of this network statement for the contractual conditions for using the overhead contact line Security and communication systems For the safe and controlled handling of train traffic, railways have been equipped with signalling systems as well as security and communication systems. All route sections and tracks that are designed for speeds of more than 40 km/h have been provided with a signalling system that monitors the relationship between the position of points, track occupation and signalling. Additional security systems use train control to monitor the maximum speed and the correct signal performance. Regulations for the use of locally controlled route sections/railway yards are part of the Local Operating Rules for the Betuwe Line. Signalling systems The A15 line, which is the line section Kijfhoek (exclusive of the Kijfhoek railway yard) Zevenaar connection is provided with ERTMS level 2, version compatible, signal repetition on the locomotives through ETCS. On Havenspoorlijn (Maasvlakte - Barendrecht fork) ERTMS level 1 version number d. In the first three months of 2014, the ERTMS/ETCS signalling and security system level 1 version number d. will be added to the ATB area between Havenspoorlijn and the A15 line ( Kijfhoek Island ). The system version of ERTMS/ETCS level 1 security system is equivalent to the version of Havenspoorlijn (2.3.0.d). The existing ATB and light signals will continue to exist and ERTMS/ETCS level 1 will be added as overlay thus creating a so-called Dual Signalling track section whereby trains that are only equipped with ATB and trains that come with ERTMS/ETCS can run at the same time. Traffic control (systems) Traffic control support systems are fed with train composition data insofar they are entered into the timetable planning systems; the conditions for using these systems by railway undertakings are subject to further agreements. Keyrail s traffic control and back office of the emergency organisation are open 24 hours a day, although different opening times may apply during public holidays after discussing matters with the railway undertakings involved. For Kijfhoek hill service the opening hours are as follows: Mon-Fri all day, morning shift on Saturday (07:00-15:00) and a night shift on Sunday (23:00-07:00). For using track sections that are not equipped with a centrally operated safety system, and for using tracks and roadways to, inside and from areas that are not centrally operated, the working method as described in Appendix 6, paragraph 2.3, prevails. Network Statement 2015 Betuwe Line final version December 2013 Page 28 of 149

29 Communication For speech communication between driver and traffic control on the main railway infrastructure GSM-R is used. GSM-R is also used on the relevant route sections for ETCS data communication between train and wayside. ProRail provides GSM-R SIM cards for both speech communication and the ETCS data communication. For more information about the Network Statement Combined network see section Train influencing systems Traction vehicles using ATB route sections must be equipped with ATB train apparatus or compatible ETCS STM-ATB. Traction vehicles using the ERTMS line sections of the Betuwe Line (Kijfhoek (excl) Zevenaar (excl) and Kijfhoek (excl) Maasvlakte) must be equipped with ETCS (ETCS-ATB switch and vice versa during the run). Information on how to request and manage communication encryption keys that are required to run on ERTMS level 2 route sections, see Appendix 6, section 5.1 of the Network Statement Combined Network. Train vehicles used exclusively for local shunting activities on the railway yards Maasvlakte, Europoort, Botlek, Pernis and Waalhaven Zuid need not be equipped with ETCS, although they must comply with supplementary security measures to be determined by ILT. Traction vehicles used for shunting purposes via the shunting hump at Kijfhoek must be equipped with apparatus for communication with and influencing by the installed automated hump process control system. Detection As a rule, track occupation on protected tracks is detected through short circuit caused by the metal wheels and axles of the present vehicles between current flows in isolated rails. 3.4 User restrictions The capabilities of the railway infrastructure are restricted not only by the infrastructure s own features but also by the external factors. On publishing this Network Statement, Keyrail has taken account of the conditions that were known at the time. New external developments may occur during the period of validity of this Network Statement, which might interfere with the capabilities of the infrastructure. Keyrail will discuss the possibilities of anticipating such developments with the railway undertakings, whereby Keyrail will invest best efforts to minimise the consequences of external developments for the applications of the infrastructure for railway undertakings. Network Statement 2015 Betuwe Line final version December 2013 Page 29 of 149

30 On Keyrail informs the railway undertakings of the restrictions for through train traffic which ensue from permits or other statutory regulations of which the content is not published on The environmental permits, insofar they include provisions concerning the use of the railway infrastructure, are part of the Network Statement Specialised infrastructure Passenger transport exclusions See Appendix 4. User permits Some parts of the railway infrastructure can be qualified as buildings. Use of these buildings can, under the terms of the Housing Act and the Building Decree, require a user permit. The competent authority may attach conditions to use in the user permit. Keyrail invests efforts to minimise any negative consequences of user permits for the railway undertakings. The permits are available at Keyrail s office. Signing the Access Agreement means that the railway undertaking accepts the obligation to perform its operations in accordance with the conditions and regulations of the user permit. Failing to observe these regulations implies an attributable breach towards Keyrail. In addition, the railway undertaking accepts Keyrail verifying the observance of these obligations. The General Terms and Conditions (Appendix 21) and the Operational Conditions (Appendix 6) include further stipulations Environmental user instructions and restrictions Environmental permits The environmental permits issued to Keyrail, insofar they include stipulations relating to the use of the rail infrastructure, are part of the Network Statement. Railway undertakings seeking to use railway yards managed by Keyrail for activities other than for the arrival, departure or transit of train traffic, may only do so provided an environmental permit has been issued for these activities. Railway yards are constructions which several users (parties that are co-responsible for observing the permit and the permit requirements; in this case Keyrail and the railway undertakings) want to use at the same time, using the same environmental permit. Each user is responsible for observing the permit and the related requirements. Each user can be summoned by the competent authorities. Keyrail has taken the coordinating task to ensure users of the construction are well informed about the obligations and user options which the permit lays down. Signing the access agreement means the railway undertaking promises to meet the permit requirements. The Network Statement 2015 Betuwe Line final version December 2013 Page 30 of 149

31 General Conditions (appendix 21) and the Operational Conditions (appendix 6) contain further stipulations. Railway undertakings that (wish to) carry out activities on railways and railway yards that fall under the permit obligation must: be familiar with the restrictions and regulations that ensue from the permit and must take these into consideration; give Keyrail the opportunity to judge in advance whether the intended activities on the railway yards meet the obligations of the Environmental Management Act and the environmental permit. Keyrail, by publishing the prevailing environmental permits (and related request), communicates on its website which regulations apply to the railway undertakings on the railway yards on which the undertakings (wish to) operate. Based on the conditions stated in the granted environmental permits, Keyrail will expect railway undertakings to report the number of dangerous goods wagons per risk category for each railway yard. Further details are provided in appendix 9. The restrictions and obligations of the environmental permit may also relate to: the handling and stabling - of (loaded, empty and uncleaned) wagons and tank containers with hazardous substances; the implementation of activities and operations that may place a noise load on the environment; measures to avoid soil contamination. Stabling rail vehicles that are destined for demolition is considered to be the storage of waste materials ; the provision of data on activities and operations carried out on a railway yard. Information on data provided beforehand and afterwards can be found in Appendix 9 of this Network Statement; the installation and use of facilities on the railway yard. Railway undertakings capacity applications must include information about the nature and the extent of the activities for which they request capacity, insofar these activities involve aspects that are restricted by the environmental permit concerned. If railway undertakings apply for more capacity for one railway yard than the (requested) permit allows for that railway yard, the permit holder 27 may attach specific restricting conditions and regulations to the capacity allocation for each applicant, as such that the total allocated capacities will dovetail with that permit. 27 ProRail l is the official permit holder, Keyrail allocates capacity as though it were the permit holder Network Statement 2015 Betuwe Line final version December 2013 Page 31 of 149

32 Environmental permits: application, granting and amendment For all railway yards in Keyrail s management area, with the exception of the Kijfhoek railway yard, Keyrail will only apply for an environmental permit (or amendment thereof from ProRail) having received input from the railway undertakings using the infrastructure element in question or that have notified Keyrail of their wish to do so. If a competent authority is only willing to grant a permit under conditions that will significantly change the capabilities of the main railway infrastructure, Keyrail will request the approval of the Minister of Infrastructure and the Environment in advance. The procedure to this purpose has been laid down in the Railways Act 28 and prescribes consultation of the railway undertakings involved and other titleholders. Behaviour, (protective) means and waste Agreements concerning the behaviour that may or may not be displayed on the railway yard, and the mandatory (protective) means that must be available while staying on the railway yard and handling waste, are referred to in Keyrail s corporate rules (Appendix 6, Part D). As far as behaviour is concerned, one may think of the smoke and fire ban and matters involving order and neatness. The (protective) means also involve the obligation to have means of communication ready at hand. The environmental permit also includes requirements pertaining to the storage and transportation of waste. Noise production limits Each calendar year, Keyrail shall submit a compliance report to the Minister of Infrastructure and the Environment regarding compliance with the statutory noise production limits. Also, Keyrail shall prepare a 5-yearly Noise Map for the Minister. To fulfil these obligations, Keyrail requires data from railway undertakings on the average realised running and composition of trains during the day, evening and night periods in the calendar year. On these railway undertakings request, Keyrail will invest best efforts to obtain these data from its own systems as much as possible. In addition, insight is required into the extent to which the quiet freight wagons category is used. To this end, Keyrail demands that each railway undertaking submits data every calendar year. Soil protection The industrial processes of the railway undertakings involve risks in terms of soil contamination and ballast with fuels, coolants, lubricants, etc. Small quantities of these contaminants can leak from trains under normal running conditions. Provided rail vehicles are maintained properly and on a regular basis, contamination can be minimised. In addition, ballast and soil contamination can occur as a result of incidents. 28 Article 17 paragraph 3 of the Railways Act. Network Statement 2015 Betuwe Line final version December 2013 Page 32 of 149

33 The Soil Protection Act prescribes that Keyrail and the railway undertaking take measures aimed at minimising the risk of soil contamination and, in case the soil has been contaminated nevertheless, that they take all necessary measures to restrict the negative consequences thereof. If a railway undertaking is believed to have caused or be causing contamination, this railway undertaking will be notified without delay about the contamination. In addition, Keyrail will make sure the undertaking is involved in the investigation. By virtue of the Soil Protection Act, the manager reports soil contamination to the competent authority. Contamination will be undone partly based on the instructions of the competent authority. If the railway undertaking is indeed found guilty, then the railway undertaking will pay the remediation costs. Refuelling rail vehicles with diesel or gas oil involves a higher risk of soil contamination. The same applies to other forms of transhipment of soil threatening liquids. Refuelling with traction must take place at the appropriate permanent refuelling systems referred to in Appendix 15. Other machinery, such as equipment and manual tools can be refuelled at construction sites observing wherever possible the conditions referred to in section B3 of the Netherlands Soil Protection Directive. Keyrail wishes to lay down the soil protection agreements (handling in case of signalled ballast contamination and refuel) by means of the General Terms and Conditions (see appendix 4) of the Access Agreement. Reporting incidents Unforeseeable exceptional incidents must be reported to the competent authority by submitting a telephone statement to the control room of the regional police as soon as possible, preferably within 15 minutes. Each unforeseeable and non-critical incident with possible environmental aspects must be communicated to the Central Monitoring Station. An unforeseeable and non-critical incident with possible environmental aspects must be taken to mean an operational deviation with limited scope and with potential risks Risk-related user restrictions Carrying and handling wagons with dangerous goods involves risks for the environment. To control those risks Keyrail may attach conditions and impose restrictions to the carriage of dangerous goods on certain route sections and to the handling and stabling of wagons with dangerous goods on railway yards. Keyrail only imposes these restrictions or conditions provided they ensue from a statutory regulation. At the Botlek railway yard, due to an indication by virtue of the Port Security Act, a Port Facility Security Plan is applicable. This plan only applies to the carrying of dangerous goods in the substance category D4 (GEVI 66, , (X)88, (X) ) and means: Below NCTb threat levels 0 and 1: wagons must be under shunters permanent supervision. Network Statement 2015 Betuwe Line final version December 2013 Page 33 of 149

34 Below NCTb threat level 2: wagons must be under shunters permanent supervision, on-call service staff are standby, access to the railway yard is closed, the site is continuously monitored by security staff. Below NCTb threat level 3: shunting with this substance category is prohibited. The transporter in question, in deliberation with Keyrail, is responsible for taking the aforementioned measures for each threat level User instructions and restrictions for tunnels All railway tunnels on the Betuwe Line are provided with safety and evacuation facilities. The safety facilities are protected by the Tunnelling System; escape doors and shafts including related contingency plans for tunnels guarantee that people in case of an emergency (e.g. fire) can reach a safe place. Within Keyrail s operating area the tunnel infrastructure meets the TSI SRT. Section includes specific tunnel-related traffic and transport restrictions User instructions and restrictions for bridges The Havenspoor area is home to bridges (Botlekbrug, Calandbrug) that open according to a priority rule for ships. Therefore, Keyrail advises railway undertakings to take into consideration additional time for trains departing from the Havenspoor area. 3.5 Reliability, availability and operational quality of the infrastructure This section describes the quality of the infrastructure in terms of reliability, availability, maintainability, safety, health and the environment ( RAMSHE 29 ), applicable to the infrastructure managed by Keyrail Reliability and availability Availability is the extent to which a track is available for train services. Availability is reduced because of the scheduled (e.g. for maintenance work) and unscheduled (e.g. due to disruptions) withdrawals. The scheduled withdrawals are necessary for performing maintenance, recovery and management work (including the necessary tests of the infrastructure systems and pilots of the safety organisations) promptly and safely. To this purpose, rail sections usually must be taken out of service. Keyrail distinguishes the following types of scheduled activities: regular maintenance; incidental activities such as renovation, new development; activities carried out by third parties that require discontinuations. 29 RAMSHE stands for Reliability, Availability, Maintainability, Safety, Health and Environment Network Statement 2015 Betuwe Line final version December 2013 Page 34 of 149

35 The rules for adjusting train traffic if rail sections are taken out of service are laid down in Chapter 4: Capacity Allocation. Maintainability Keyrail will to the best of its ability make use of opportunities to perform work on the infrastructure without causing hindrance to the users/train traffic, giving due consideration to safety and cost preconditions. Keyrail will take this aspect into account on designing infrastructure amendments (for which ProRail is responsible) Safety General Keyrail applies strict procedures with regard to train traffic safety during operating procedures by traffic control and other management tasks, allowing Keyrail to provide railway undertakings with a safe, usable and accessible workplace in order to perform their rail traffic activities. Railway undertakings are expected to make a sound contribution to the envisaged safety level. Also, Keyrail carefully analyses all safety incident reports and how they were handled, to upgrade the safety level. Keyrail s safety ambitions are in line with the framework memorandum Safety in Rail Traffic. Environmental safety Keyrail controls the specific environmental risks attached to the carriage of dangerous goods by maintaining an operational organisation that can respond effectively to incidents involving dangerous goods. Insofar as Keyrail is obliged by law to take measures to control the risks attached to the carriage or handling of shipments of dangerous goods (e.g. volume control), Keyrail will perform such measures, if necessary also via the access agreements with railway undertakings. Social safety After deliberation with the authorities and the railway undertakings, Keyrail participates in initiatives aimed at controlling and improving the social safety. Keyrail s contribution entails: Camera-supported supervision; with the purpose of having a preventive effect on target groups, reduce damage caused by vandalism and increasing the chance of catching the offenders. Technical modifications. Each titleholder must ensure staff (or clients on his behalf) accessing Keyrail s management area close gates and fences properly every single time. Network Statement 2015 Betuwe Line final version December 2013 Page 35 of 149

36 3.5.3 Health By virtue of the relevant ARBO (working conditions) legislation, Keyrail sees to ensure a healthy working environment for its own employees and for staff working on the railway infrastructure on behalf of the railway undertakings and their auxiliary staff Environment Keyrail will design its industrial processes as such that hindrance and contamination are controlled and reduced, taking the relevant statutory provisions into consideration. Insofar the relevant Environmental Protection Act does not directly address the railway undertakings using the railways managed by ProRail, by means of the access agreement Keyrail shall stipulate that they make proper contributions in order to ensure the intended environmental protection level. 3.6 Stations, distances between stations Not applicable. 3.7 Loading and unloading sites for freight transport Locations with loading and unloading sites for freight transport Locations with public loading and unloading sites for freight transport: see appendix 14. Keyrail only provides services with regard to access and use of the rail infrastructure of the loading and unloading sites Terminals for transhipping combined traffic Keyrail does not provide specialised transhipment facilities for combined traffic. On request, Keyrail will provide contact addresses of companies with a rail connection that do provide these services. Transhipment is also possible at the public loading and unloading sites. 3.8 Stabling, shunting and other facilities Shunting railway yards Keyrail makes shunting facilities available at several locations. These can be used within the framework of an access to the facilities agreement Stabling sites Keyrail makes stabling facilities available at several locations. These can be used within the framework of an access to the facilities agreement Maintenance facilities Rolling stock maintenance Network Statement 2015 Betuwe Line final version December 2013 Page 36 of 149

37 Equipment maintenance facilities Some of the tracks intended for stabling are provided with simple equipment maintenance facilities such as water supply systems, sewer drains, preheating and depot power supply. Keyrail does not provide services with regard to the internal or external cleaning of rail vehicles, neither compressed air or brake air facilities. On request Keyrail provides contact addresses of owners/managers of internal and external cleaning systems. Technical maintenance and repairs facilities Technical maintenance and repair facilities The infrastructure managed by Keyrail does not include facilities to structurally maintain rail vehicles. Regular (scheduled) maintenance must be carried out at the appropriate workplaces. Non-scheduled maintenance (repairs), however, can be necessary. Equipment repairs are permitted under the following preconditions: That they are carried out safely. That they are reported using the right communication lines. That they are carried out observing the rules of the prevailing environmental permits. That they do not interfere with the regular process. It is not unusual for repairs to be carried out by expert maintenance companies. These parties repair wagons within the Keyrail management area, on behalf of railway undertakings that have an access agreement with Keyrail. The maintenance companies may only perform activities provided they are holding an ILT certificate for this work. On Keyrail s request this certificate must be presented for inspection at all times. The railway undertaking instructing repairs has the final responsibility for conducting work under the preconditions referred to in this section. Repairs may only be carried out within the framework of the Keyrail Internal Rules (these are provided in Appendix 6, part D and also on and the instructions of the applicable environmental permit. In addition, repairs carried out on rolling stock may not affect the regular processes of traffic and rail infrastructure maintenance. Keyrail will inspect matters at random. In the event of recurring, demonstrable violation the party concerned will be denied access to the infrastructure. Using welding apparatus and/or metal removing equipment is disallowed. The following repairs are distinguished: Minor ad hoc repairs are repairs lasting less than two hours that do not require fats and/or oils and whereby hand tools only (tools without any auxiliaries used by one person, if necessary driven by a compressor or aggregate) may be used. Network Statement 2015 Betuwe Line final version December 2013 Page 37 of 149

38 Major ad hoc repairs are repairs lasting more than two hours and/or which require fats/oils (which makes soil protecting measures necessary) and/or the use of large/heavy equipment or other auxiliaries (e.g. hydraulic jacks). Repairs in exceptional situations are repairs involving wagons that cannot be moved and which usually involve heavy auxiliaries such as cranes. Repairs may be carried out at the following locations: Regular maintenance Minor ad hoc repairs Major ad hoc repairs Repairs in exceptional situations Outside Keyrail s management area, at the maintenance companies. On locations where wagons are standing still within the process. On the designated repair tracks. On locations of the wagon concerned in Keyrail s management area, after introduction or during hitching with a WBI. As from the annual times, Keyrail publishes a list of the (location of) designated repair tracks and if applicable, the contact details of the coordinating party. The following procedure is required for submitting a request to use a track: The party interested calls up the train dispatcher responsible in the area, requesting him to disuse the track in order to repair wagons. The party interested must state name, company name and telephone number. The party interested mentions the track number involved and/or the switch number it wishes to disuse. The party interested mentions the expected disuse timeframe. If the train dispatcher agrees to disuse, the party interested will put the close sign SR 513 / red flag and lamp and confirm to the train dispatcher. The train dispatcher confirms disuse stating that he has taken the necessary safety measures (diverted switch). Upon return the party interested confirms that the sign SR513 has been removed Refuelling systems Locomotives must be refuelled using the appropriate, permanent refuelling systems (see appendix 15 for a list of the permanent refuelling systems and the contact details). Refuel is only permitted from these stationary supply systems. The permanent systems are not suitable for mobile refuel. The contractual conditions for using the refuelling systems are agreed upon in the access agreement signed with ProRail for the service Using the Refuelling Systems. See the applicable stipulations in the Network Statement Combined Network of ProRail. Network Statement 2015 Betuwe Line final version December 2013 Page 38 of 149

39 3.9 Infrastructure development Infrastructure projects ProRail is responsible for the renovation work/new development. Due to its mission, Keyrail is the co-initiator and advocate of adaptations to the infrastructure in its management area. Keyrail invests best efforts to positively interfere with the decisions made during ProRail s existing processes. See also the Network Statement Combined Network, section 3.9. While applying the capacity allocation procedures, Keyrail seeks to find the right balance between efficient and plantuned train traffic and the proper execution of project activities Planning overview of the infrastructure projects Changes that apply to Keyrail s management area are referred to in ProRail s overview on Network Statement 2015 Betuwe Line final version December 2013 Page 39 of 149

40 4 Capacity allocation 4.1 Introduction and legal framework In this chapter Keyrail discusses: The capacity allocation process for the annual timetable (including binding process rules for all parties involved) 30 the allocation process in the ad hoc phase of the One Stop Shop and Operations The steering and intervention process by Operations. The Railways Act provides details of the regulations of directive 2012/34/EU to allocate capacity in a fair, reasonable and non-discriminatory manner. Aspects thereof are the following: Keyrail and the titleholder agree on the allocated capacity. Minimum levels are determined for each market segment. These minimum levels prevail for the entire main railway infrastructure in the Netherlands, and have an influence on the routes from and to the Betuwe Line and on the alternative routes on the combined network respectively for the Betuwe Line 31. Priority rules apply to congested infrastructure laid down in the Railways Capacity Allocation Decree 32. Procedure regulations exist for allocating capacity for rail activities 33. The Authority for Consumers & Markets (in Dutch also known as ACM) has been designated to monitor compliance with the statutory capacity allocation regulations and for handling complaints about the allocation process or the outcomes thereof. In addition, the EU bye-law (Rail Freight Corridors) applies to the allocation process. 30 Definition of titleholders in accordance with Article 57 of the Railways Act Titleholders are taken to mean (legal) persons who have a demonstrably commercial interest in acquiring capacity for carrying cargo using rail transport services. 31 Article 8, Railways Capacity Allocation Decree. Keyrail is able to accommodate the minimum facility level as defined in the capacity allocation decree valid on writing this Network Statement from and to Kijfhoek in combination with traffic on the A15 line of the Betuwe Line. 32 Articles 10, 11 and 12 of the Railways Capacity Allocation Decree. 33 Articles 6 and 9 of the Railways Capacity Allocation Decree. Network Statement 2015 Betuwe Line final version December 2013 Page 40 of 149

41 4.2 Basic principles in the allocation process 1. The titleholder requesting capacity for the timetable 2015 by means of this application declares to accept the processes, procedures, regulations and timetables referred to in this Network Statement for handling these requests. Keyrail handles requests received subsequent to the application period for the year concerned in accordance with section 4.3.2, Requests and allocation in the ad hoc phase. 2. Within the Betuwe Line area, Keyrail allocates capacity for the utilisation of route sections (including the connections), railway yards (including tracks that are not equipped with a centrally controlled security system) and refuelling systems. Capacity allocation involves the capacity which physically, at one moment and one place, permits only one user, including the sound and (external) safety capacity during a period within which several users may operate. With regard to the Basic Network, this is not taken into account in the annual timetable allocation and is exclusively monitored in the current timetable. 3. Capacity allocation relates to the following user forms: Train movements for national and international traffic. Process times linked to these train movements on arriving at or departing from railway yards. Shunting movements. Movements to/from the terminal. Stationary rolling stock. Temporary possessions or limited functionality required for work on or close to the infrastructure. During the capacity allocation process Keyrail will give due consideration to the following: Preferred use of tracks. Preferred use of deviating train paths for use in the market segment concerned (e.g. using heavy train paths for loaded coal and oar trains) User restrictions. These can be the result of bridge openings, noise limitations and also of risk limitations in connection with the external safety. 4. Keyrail must view all capacity applications in connection with other applications to determine whether an application fits within the available integrated capacity. Keyrail might request the applicant to provide additional information. Without this information, Keyrail might decide not to handle the application or only allocate capacity with restricted use. In doing so, Keyrail invests best efforts to minimise the administrative burden for the entitled applicant. 5. When allocating capacity Keyrail may apply higher user charges as an instrument when coordinating the capacity allocation The main systems supporting the allocation process are DONNA, ISVL and RNE s Pathfinder. Railway undertakings may use these systems during their application/communication process 34 As referred to in article 7 of the Railways Capacity Allocation Decree. Network Statement 2015 Betuwe Line final version December 2013 Page 41 of 149

42 7. The dispute settlement (see appendix 5) as referred to in Article 46, paragraph 6, of Directive 2012/34/EU will only apply to capacity allocation disputes for the annual timetable. 8. Pursuant to the EU Decree 913/2010, Keyrail is part of the international freight corridors (Rail Freight Corridors). This decree has direct impact on the capacity allocation on the international freight corridors stated in the appendix to the decree. Keyrail uses the Basic Hour Pattern (BUP) developed by ProRail in order to join in but also to find out about the interim results for publication of the characteristics and numbers of the preset catalogue paths for the international freight corridors. 9. On determining the annual timetable, Keyrail makes sure paths are available every day for freight transport capacity requests in the ad hoc phase. In deliberation with ProRail, Keyrail takes into account the route sections on the Combined Network managed by ProRail. While allocating the annual timetable and under mainstream conditions without any train-free periods, Keyrail takes into account the major impact on the traffic capacity (meaning train paths with 120 minutes before departure from the railway yard and upon arrival on the railway yard) of 30% of the available capacity on the Betuwe Line in a moving window of six hours. 10. ProRail s One Stop Shop allocates train numbers to Keyrail or the railway undertakings. More information is available in Appendix 6, paragraph 1.3, of the Network Statement Combined Network. 4.3 The allocation process Directive 2012/34/EU distinguishes two phases in the annual allocation process. The Railways Capacity Allocation Decree follows this divide; allocation of the normal timetable (= annual timetable allocation) and the allocation of the available ad hoc capacity. Section handles the international paths on the freight corridors. The annual timetable allocation process is described in section Section describes the allocation process in the ad hoc phase International paths on the freight corridors Within 11 months prior to the commencement of the timetable, Keyrail publishes catalogue paths for the international freight traffic. A link to this publication will be provided on Keyrail s website in due time. Keyrail makes sure that any changes of the catalogue paths for international freight traffic are incorporated in the existing planning The allocation process for the annual timetable This process consists of the following steps: Prepare the annual timetable process (section ) Submit applications ( ) Intake process ( ) Scheduling and coordination ( ) Dispute settlement ( ) Determine allocation ( ). Network Statement 2015 Betuwe Line final version December 2013 Page 42 of 149

43 Table: capacity allocation process time schedule Preparing the annual timetable allocation Request for recurring maintenance (maintenance schedule) 30 November 2013 Request for incidental withdrawals (IWs) 31 December 2013 Design for the standard pattern paths Betuwe Line in DONNA 28 February 2014 Intake, scheduling, coordination and setting of the annual timetable Commencement of the annual timetable allocation process: DONNA open for entering requests To be determined using the ProRail Allocation Table Deadline for submitting applications for timetable April 2014 Processing the applications received 15 thru 21 April 2014 Start of scheduling/coordination phase 22 April 2014 Discuss management and railway yards 24 April 2014 RNE Technical Meeting 23 thru 26 June 2014 Publish the draft version of the timetable and start consultation 7 July 2014 Due date for commenting on the draft version of the timetable 8 August 2014 Determine capacity allocation and publish the final version of the timetable 25 August 2014 An appeal to the dispute settlement might extend the coordination phase. Special circumstances after determining the annual timetable allocation by Keyrail During situations involving a large-scale structural change of the infrastructure, circumstances may develop in which the reallocation of capacity in a useful manner (from the perspective of both the railway undertakings and Keyrail) will be impossible in accordance with the allocation procedure in the ad hoc phase. After deliberation with the railway undertakings involved, Keyrail will in such event prepare a specific allocation process that consists of the same elements (scheduling, coordination, etc.) as the allocation process for the annual timetable Preparing the timetable allocation process The allocation process takes place according to a set schedule and is worked out by RNE for each annual timetable Developing a train path catalogue Prior to the annual timetable allocation process, three processes take place of which Keyrail combines output into a train path catalogue to which titleholders may subscribe. Keyrail publishes the international train path catalogue within three months prior to the expiry of the deadline for the capacity applications in the annual timetable. Network Statement 2015 Betuwe Line final version December 2013 Page 43 of 149

44 In preparing for the capacity allocation, the infrastructure managers working together in the Rail Freight Corridors and for the sake of the international freight transport, will present an offer of van Pre-arranged Paths. From and to the network managed by Keyrail, in 2015 the latter will offer such catalogue paths at least to: Maasvlakte-Kijfhoek / Amsterdam Duisburg ( Basel Milan) Kijfhoek Antwerp ( Lyon Marseille). The (preliminary) timetables of these paths are published on the website of RailNetEurope ( and they are also available at the Corridor One Stop Shop of the Rail Freight Corridors concerned. The process includes: The specification of the standard pattern paths (see Chapter 5, Minimum Access Package). Keyrail offers the railway undertakings the possibility to gear the specifications of the draft version of the designed pattern paths towards the Betuwe Line. In doing so, Keyrail ensures optimal connection to the interfaces with ProRail relating to the basic hour pattern (BUP) for goods and also with DB Netze on the Zevenaar Zevenaar border route section. This design process is ready within four months before the final date for submitting the annual timetable. Thus, Keyrail offers the applicants insight into the possibilities and impossibilities of implementation of the operating production desired by the railway undertaking for contracting own customers, staff and equipment planning, etc. The result of this design process consists of one or several categories of standard pattern paths on the Betuwe Line. The participants agree on the basis for the capacity requests to be submitted for the timetable. The actual and official allocation takes place in the timetable process. Maintenance windows to be developed by Keyrail and tuned with parties. Processing applications for large-scale renovation work/new development insofar the result of tuning with all parties involved is available prior to preparing this catalogue. The final deadline for these capacity requests is set according to the periods referred to in section Requests submitted after these periods are processed in the ad hoc phase, and have but limited success as far as large-scale renovation is involved. The train path catalogue is a tool titleholders can use to fine-tune their capacity requests on an hourly, daily or weekly basis. While preparing the overview of the standard pattern paths, Keyrail will bear in mind the available capacity on the free tracks and railway yards and also on the terminal slots wherever possible. In doing so, Keyrail ensures conformity with the prevailing legislation that applies to the rail capacity of the main railway infrastructure. Network Statement 2015 Betuwe Line final version December 2013 Page 44 of 149

45 Keyrail invests best efforts to make sure the standard pattern paths are perfectly in line with the BUP times and path times of ProRail 35 and the Stundentakt of DB Netze 36. In doing so, restrictions as a result of the Emmerich Oberhausen construction work are taken into consideration. In order to design a feasible and safe timetable, Keyrail uses the standards referred to in Appendix Standard pattern path on the A15 line The A15 line is designed for the exclusive use of freight trains using the standard pattern paths. The specifications of the standard pattern path on the A15 line are based on a timetable speed of 85 km/h 37 in eastern direction and 95 km/h in western direction. In order to meet the specifications of the standard pattern path on the A15 line, for each train the table below prevails providing the maximum gross total tonnage per locomotive type as a standard for the declaration of admissibility of requests: Kijfhoek Zevenaar border (85 km/h) Locomotive type Maximum total tonnage Zevenaar border Kijfhoek (95 km/h) Locomotive type Maximum total tonnage BR tons BR tons BR tons BR tons Class tons Class tons G tons G tons G tons G tons D tons D tons V tons V tons Standard pattern path on Havenspoorlijn The specifications of the standard pattern path on Havenspoorlijn are based on a timetable speed of 80 km/h (electric locomotive) or 60 km/h (diesel) in both directions with the exception of the Botlek Tunnel and the connection Maasvlakte West Yangtze port. In order to meet the specifications of the standard pattern path on Havenspoorlijn, for each train the maximum total gross tonnage per locomotive type is shown in the table below, as a standard for the declaration of admissibility of requests: 35 Elst, Meteren, Kijfhoek, IJsselmonde, Zevenaar 36 Emmerich Border - Zevenaar 37 Based on BR 189, 3000 tons Network Statement 2015 Betuwe Line final version December 2013 Page 45 of 149

46 Havenspoorlijn Locomotive type Maximum total tonnage Path speed BR tons 80 km/h BR tons 80 km/h Class tons 80 km/h G tons 60 km/h or 80 km/h G ton of 770 tons 60 km/h or 80 km/h D of 770 tons 60 km/h or 80 km/h V tons 60 km/h or 80 km/h Requests to deviate from the traction tonnage tables If a railway undertaking with a higher tonnage or a different locomotive wishes to deviate from the tables above, then this railway undertaking must submit a request to OSS@keyrail.nl. This request must include a testing protocol and control plan in order to avoid stranding and displacement of other trains. If desired, Keyrail s department Capacity & Chain Management will advise the railway undertaking on the matter. In doing so, Keyrail will inform ProRail about the testing request. Keyrail, together with the railway undertaking in question and within a reasonable period of time, will conduct a representative number of tests on the Betuwe Line. Keyrail, together with the railway undertaking, will evaluate the reliability of implementation in the standard pattern path. During evaluation Keyrail will: Measure punctuality at several timetable points. Estimate the risk of displacement (domino effect of a delayed train). Estimate the risk of stranding. The results of these tests, the risk management conducted by the railway undertakings and the railway undertaking falling back on diversion across the combined network are part of Keyrail s declaration of admissibility insofar the Betuwe Line (including Kijfhoek and route section Zevenaar connection Zevenaar) border are involved. ProRail is responsible for the declaration of admissibility on the combined network. In case of a positive declaration of admissibility by Keyrail, the latter will publish an addition to the network statement of the exceptional situation on the traction tonnage table. If monitoring activities conducted by Keyrail confirm that the trains involved are not punctual or if they are causing an unreasonable amount of disruptions (stranding and displacement of other trains), Keyrail may terminate the exceptional situation and withdraw the allocated capacity after informing the railway undertaking on time. Network Statement 2015 Betuwe Line final version December 2013 Page 46 of 149

47 Trains with this possible exception which Keyrail has provided with a positive declaration of admissibility, may use up to no more than two standard pattern paths (see section 5.2) Separate locomotives The standard pattern paths from the catalogue are meant for the regular commercial logistics process. Railway undertakings may contact Keyrail s One Stop Shop during the annual timetable allocation process and also in the ad hoc phase to apply for standard pattern paths for running separate locomotives. These separate locomotives must be demonstrably related to a transport model. Keyrail demands that separate locomotives have a demonstrable connection with a transport model if the time between the arriving train and the departing train is no more than three hours. On the A15 line, separate locomotives with a transport model whereby the time between the arriving train and the departing train exceeds three hours, may only be requested in the traffic control phase in standard pattern paths, including the terms of the accompanying tariff and performance scheme. On Havenspoorlijn, separate locomotives with a transport model whereby the time of the arriving train and the departing train exceeds three hours can only be requested in the traffic control phase Kijfhoek hump tracks For these allocation tracks on the Kijfhoek railway yard, Keyrail applies the following standard: one allocation track available for every 25 sorted wagons departing on a daily basis. Wagons shunted once again are not included in the count Submitting applications By virtue of the train path catalogue, titleholders may submit their structural applications to capaciteitsverdeling2015@keyrail.nl. A timetable request may be submitted as follows: Through PCS. By requesting the required train paths in the planning system called DONNA. These requests must include a written application based on the train path catalogue at all times. In addition, they must include a written application with information on the use of the railway yard. If the written application is different, in the event of a conflict Keyrail will use the request submitted through DONNA. Network Statement 2015 Betuwe Line final version December 2013 Page 47 of 149

48 By submitting a written overview, based on an RNE form 38. The latter is obligatory if a coordinating capacity allocator is required. Several infrastructure managers are involved in cross-border sections. The railway undertaking may apply in one go for the required capacity at the One-Stop-Shop of the infrastructure manager with whom an Access Agreement has been concluded. Alternatively, it can use PCS. Railway undertakings may divide their applications for several management areas into separate applications for each management area. In this case these railway undertakings are responsible for the mutual tuning of the boundaries of these applications. In such event, the input of the infrastructure managers involved is restricted to signalling faults in the connections. International capacity requests for the Pre-arranged Paths on one of the Rail Freight Corridors may only be submitted through the RNE tool PCS to the One Stop Shop of the Freight Corridor concerned. International capacity requests must comply with the terms and conditions which each infrastructure manager involved will set to the capacity applications on their networks. More information can be found in the Network Statement of the infrastructure manager in question. If one of the infrastructure managers involved does not handle an international capacity request that is submitted through Keyrail, the latter will give the applicant the opportunity to adjust the application. Capacity applications for using (parts of) maintenance roster windows must be submitted to Project & Availability Control at coordinatie@keyrail.nl Intake process Keyrail verifies the applications for admissibility. This involves the moment of submitting the applications, the completeness of the applications, any faults (e.g. mutually conflicting elements or exceeding the capabilities of the infrastructure) and applications that are inconsistent with the standard pattern path. If necessary, Keyrail shall give the applicant the opportunity to supplement or amend the application within a set period of time. Keyrail handles the supplementary or amended applications which applicants submit after the closing date as ad hoc applications. More information is available in section Keyrail is to submit the declaration of admissibility to the railway undertaking in question within one week after the end of the application period. 38 See Appendix 5: the RNE forms. Network Statement 2015 Betuwe Line final version December 2013 Page 48 of 149

49 If the titleholder fails to explicitly state certain train characteristics 39 of the requested capacity, Keyrail shall have the right to allocate capacity provided the applicant applies the standard values for the use characteristics. The standard values are determined by Keyrail, taking into account the characteristics or user restrictions of the infrastructure Scheduling and coordination Keyrail studies whether the applications submitted by the titleholders lead to multiple applications for one path or several paths from the train path catalogue. In which case Keyrail will initiate the scheduling procedure in accordance with article 20 of Directive 2012/34/EU. If necessary, during this scheduling consultation fine-tuning discussions, if necessary, will also be held with the infrastructure managers of the adjacent railway infrastructure, and possibly with the adjacent (intermodal and dry bulk) terminals. If conflicting applications exist after the scheduling consultation, Keyrail shall for these applications initiate the coordination process in accordance with Article 21 of Directive 2012/34/EU. This coordination process can involve all the conflicting applications that remain. The following basic principles of competing applications apply to the coordination procedure: Keyrail reports (orally or by ) the identified competition situation to the titleholders involved, inviting them to further coordination consultation. All titleholders involved are invited to come up with solutions. Solutions must dovetail with the capabilities of the rail infrastructure, including the user restrictions (e.g. bridge openings, physical possibilities on railway yards, noise and (external) safety rules and permits. No priority rules are applied in the coordination procedure, although the preferred use mentioned in section 4.2 is taken into consideration. The objective is to find solutions in which the applied capacities are granted as much as possible, the commercial and operational relationship within the requested capacities is disrupted as little as possible, and the economic consequences of deviations from the requested capacity are as limited as possible. Keyrail, in case of applications that without convincing arguments deviate from the standard pattern path, will always adjust these applications as such to meet the standard pattern path. The border crossing times tuned within the RNE context are maintained. Keyrail monitors both the reliable and safe feasibility of the timetable (based on the design standards stated in Appendix 16) and the efficient use of the infrastructure. If titleholders applications are mutually competitive Keyrail may reach an agreement by increasing the user charges. 39 Train length, tonnage, ZWV codes and BP profile the presence of hazardous substances, quiet wagons, traction, security systems. Network Statement 2015 Betuwe Line final version December 2013 Page 49 of 149

50 The coordination procedure continues until no more than five working days prior to the date on which Keyrail publishes the draft annual timetable. The coordination procedure is extended in case a dispute is submitted (see section ), and the dispute has not yet been settled. If the titleholders involved and Keyrail agree on the solution the coordination for the competition situation concerned shall come to an end. Keyrail will include the solution in the draft annual timetable. During scheduling and coordination Keyrail tunes matters with other infrastructure managers in Europe, seeking to realise as many through and high-quality cross-border timetable paths as possible. These measures are detailed in the RNE document Process for international path requests. If the applicants involved and Keyrail fail to reach an agreement (on time), Keyrail shall declare the infrastructure in question congested 40. Keyrail will in this case allocate according to the statutorily set priority rules and minimum levels or by taking the following into account: 1. Preferred use 2. Connection to the border crossings 3. Connection to the (intermodal and dry bulk) terminal slots 4. Connection to the required shunting times 5. Time spent on the railway yard 6. Separate locomotive. Keyrail includes this solution in the draft version of the timetable. The process rules for allocating the Pre-arranged Paths in the Rail Freight Corridors are described in the Corridor Information Documents of these corridors and they are based on the Decision of the Executive Boards of Rail Freight Corridors N 1 and N 2, establishing the Framework for capacity allocation on the Rail Freight Corridors N 1 and N 2. Keyrail lays down the outcome of the scheduling and coordination, including the outcome of any dispute settlement (section ) in a draft version of the timetable that Keyrail offers the applicants in writing. As for the scheduling phase, the titleholders must communicate their opinions within one month Dispute settlement According to its nature, coordination is a technical discussion between experts. Experts can have different opinions which may lead to a deadlock. To grant the capacity allocation process its natural speed, the dispute settlement option is used to reach a decision within 10 working days. 40 See also articles 22, 25 and 26 of the European Directive 2012/34/EU 41 Article 20 paragraph 3 of the European Directive 2012/34/EU Network Statement 2015 Betuwe Line final version December 2013 Page 50 of 149

51 The titleholder or Keyrail may initiate the dispute settlement process during the coordination phase of the annual timetable. Parties should seek to initiate dispute settlement at such times that: the outcome of the dispute settlement can be part of the further coordination procedure; the annual timetable can be determined on the last day of the coordination period. Disputes are settled after discussions between the parties involved (hear both sides) seeking to solve the conflict. If parties fail to reach a solution, the chairman of the dispute settlement shall take a decision within 10 working days of submitting the dispute in writing. The decision will be the basic principle of the further allocation process. In the event of conflicting applications between titleholders (traffic/transport) Keyrail shall act as chairman. In the event of conflicts between an application for scheduled activities on or close to the infrastructure, or the maintenance roster and traffic capacity for a titleholder, the dispute shall be settled by an independent chairman, designated by Keyrail after deliberation with the titleholders. The process will in such case lead to advice of which Keyrail, on allocating capacity, may only deviate giving reasons Allocation Keyrail lays down the result of the capacity allocation for the annual timetable in the capacity allocation document, which is published on This document states the capacity Keyrail has allocated to the titleholders, including the capacity it has reserved for management (maintenance schedule and incidental withdrawals). By virtue of Decree (EU) No. 913/2010, the railway undertakings should bear in mind the fact that a number of train paths to be determined will remain available as reserved capacity for allocation by the Corridor One Stop Shops. RNE publishes this reserved capacity in the form of Pre-arranged Paths on the Rail Freight Corridors 1 (Rotterdam-Genoa) and 2 (Rotterdam-Lyon). The train paths of corridor 1 remain available up to 60 days prior to implementation. The train paths of corridor 2 remain available up to 21 days prior to implementation. The capacity allocation document referred to above is part of the Access Agreement for using the Betuwe Line to be entered into. The titleholder gains the user right for the capacity allocated to that titleholder in this document. Titleholders holding and using the allocated capacity may not transfer that capacity to other titleholders. Titleholders who have signed a capacity agreement with Keyrail may put the operational process in the hands of a railway undertaking authorised to do so Traffic applications and allocation in the ad hoc phase The ad hoc phase begins right after the closing date of the application for capacity allocation of the annual timetable. Within the ad hoc phase RailNetEurope (RNE) distinguishes the period in Network Statement 2015 Betuwe Line final version December 2013 Page 51 of 149

52 which capacity applications concern a planned annual timetable (Late Path Requests) and applications involving an existing timetable. Section describes the way in which Keyrail interprets this distinction. The principles (and the application terms of the allocation process in the ad hoc phase) are discussed in section All titleholders may apply for capacity. When handling capacity applications, Keyrail does not distinguish applications of titleholders who have already signed the Access Agreement and parties that have not signed the Agreement yet. Titleholders who have not signed an Access Agreement with Keyrail yet, on submitting an ad hoc application agreement, confirm they accept the processes, procedures and timetables referred to in this section. Parties that did conclude an Access Agreement for the timetable to which their ad hoc applications refer also accept the processes, procedures and timetables for handling these applications referred to in this section on signing the Agreement. Capacity granted to Partieswith-Access-Agreement in the ad hoc phase automatically becomes part of that Agreement. If during the ad hoc phase, capacity is allocated to titleholders who do not hold a current access agreement, while these titleholders do not use this capacity within one month, the allocated capacity will expire. If the titleholder is an authorized applicant, then he must state which entitled railway undertaking is the traction supplier at least one month before the train will run. If this conditions is not met, the allocated capacity will expire RNE Late Path Requests and ad hoc applications for an existing timetable RailNetEurope (RNE) distinguishes two phases of the ad hoc process. Keyrail follows this distinction. The first period involves the ad hoc applications which Keyrail receives no later than five working days prior to the commencing date of the new timetable. In RNE terms this is called the Late Path Request term. This period is dominated by the fact that none of the titleholders has an Access Agreement for the timetable year in question. The second period begins as of five days prior to the effective date of the timetable until the actual operation of the requested train service. At this stage Keyrail distinguishes: Change sheet periods The plan specific day period and The traffic control phase. Each phase has its own planning tool (see also section 4.2, point 6). Network Statement 2015 Betuwe Line final version December 2013 Page 52 of 149

53 Keyrail handles capacity applications submitted at least in the Late Path Request period as such allowing these applications and the available infrastructure to optimally link up. Keyrail submits any solutions suggested to this purpose to the relevant titleholders. In doing so, Keyrail may ignore the First Come First Served principle if such ensures good solutions for all parties. If a conflict remains, Keyrail will apply the FCFS principle The capacity allocation process in the ad hoc phase outlined The following steps are part of the capacity allocation process in the ad hoc phase: Application by a titleholder Intake process by Keyrail The scheduling phase Determination (as well as communication and processing) of the capacity allocation Submitting ad hoc applications Addressing the application For their ad hoc applications, titleholders use the RNE form or the DONNA planning tool. For applications submitted using the RNE form, the train path catalogue serves as a guideline. All titleholders will their applications prior to the change sheet period or the Day Plan adjustments to the One Stop Shop. Railway undertakings that have DONNA at their disposal may also translate their applications by putting a train number on a path that has not yet been allocated. The written application sets the standard at all times. In the Traffic Control phase, titleholders (including those with access to DONNA) must submit their applications through ISVL. The same applies to changes and cancellations. Contents of the application The application should include the following data: applicant (titleholder and contact person) train number order type (introduce, change, cancel) train length locomotive type set terminal slot stabling capacity departure station arrival station route preferred date and time of departure (and any margin) date and time of arrival (and any margin) hazardous substances deviations to rolling stock related to infrastructure user restrictions maximum speed quiet wagons Network Statement 2015 Betuwe Line final version December 2013 Page 53 of 149

54 weight. Application moments for structural products Railway undertakings submitting a structural product application with the purpose of using this product as part of a change sheet must give due consideration to the change sheet terms. Keyrail handles structural products that are submitted too late to be considered for inclusion in a change sheet as a bundle of non-structural applications at specific day level. When determining the commencing dates for change sheets Keyrail observes the agreements which European infrastructure managers make within RNE. If ProRail and the railway undertakings make additional agreements, Keyrail also observes these agreements. Matters involve both the last application moment and the coming into force of a change sheet. Application moments for non-structural products Railway undertakings may always apply for paths for trains and separate locomotives. Nevertheless, the closer to the desired time of departure, the greater the chance not all wishes can be met. Keyrail advises railway undertakings to submit their applications for regular trains earlier, granting Keyrail sufficient time to for instance investigate whether the path desired by the railway undertaking dovetails properly with an available path in an adjacent management area, and if not, suggest an alternative. Table: closing dates for the Day Plan Phase and start of the Traffic Control Phase Mo Tue We Thu Fr Sa Su Mo Tue We Thu Fr > > > > > > > > > > > > > > > > > 0-24 in orange: the closing dates of the Day Plan Phase, in grey: DONNA Knoop being active Please note that the Wednesday transfer of plan specific days is geared towards implementation on Saturday and Sunday. The Friday transfer of plan specific days is geared towards implementation on the following Wednesday. Network Statement 2015 Betuwe Line final version December 2013 Page 54 of 149

55 The intake process of the ad hoc applications Keyrail s One Stop Shop tests the admissibility of the application. Keyrail does not handle an application if: The application deviates from the train path catalogue. The application does not dovetail with the maximum number of train and shunting movements referred to in the annual timetable. The application (form) is incomplete or incorrect. The requested product does not fit within the traffic day or the traffic period concerned. A Donna adjustment does not include a written request. Where possible, Keyrail Capacity & Chain Management will verify whether a feasible integral plan exists combined with the terminals RSC Waalhaven, ECT, Euromax and EMO as part of the chain management. If Keyrail declares the application inadmissible, the applicant shall be notified within one working day stating reasons. If Keyrail declares the application admissible, the applicant shall receive a confirmation of receipt ( ). For some products Keyrail indicates how long the order processing period will take. The time required to handle an application that will be worked out in the planning period in which DONNA is effective, differs from the period in which the allocated capacity is determined in ISVL. In the event of an ISVL application, the confirmation of receipt will be visible in this system. Keyrail OSS and Keyrail Operations test the admissibility of all applicants according to the following features that must be stated on the order: applicant, date and time of the application, train number, traction form and/or type of equipment, train length, weight, maximum speed, type of order, (no) hazardous substances, departure and arrival station, processing on the handling/transfer/transit location, date and time ready for departure (possible margin), route, (no) restrictions, date and time of processing at the terminal or shipper, Network Statement 2015 Betuwe Line final version December 2013 Page 55 of 149

56 transport arrangement. Keyrail will provide each admissible application with a serial number. The order will then be processed as soon as is possible in the order in which the applications were received by Keyrail. The drawing of lots will decide in case of applications received at the very same time Scheduling Keyrail handles all applications in the order in which they were received. Ad hoc applications are handled once the allocation of the annual timetable concerned has been determined. This means that Keyrail parks all ad hoc applications that have come in as of the closing date for the annual timetable, after testing them for admissibility, until the annual timetable is set. Keyrail tests each application in the order in which it was received for suitability for the capacity allocation determined at that moment for the traffic day/traffic period in question. This applies to both the free section and the availability of capacity on railway yards and terminals. If the test performed by Keyrail Capacity & Chain Management confirms that no feasible integral plan combined with the terminals RSC Waalhaven, ECT, Euromax or EMO can be allocated, Keyrail will address the railway undertaking and terminal(s) in question to see whether a feasible plan can be allocated. Keyrail handles capacity applications that were submitted at least in the Late Path Request period as such allowing these applications and the available infrastructure to optimally link up. Keyrail makes sure to submit any solutions suggested to this purpose to the relevant titleholders Communication and laying down Keyrail turns down any application that does not fit within the capacity allocated at that moment for that specific day or period. Keyrail allocates the requested capacity provided it is suitable, adding the railway yard planning, communicating matters with the applicant and laying these matters down in the applicable planning system. For ad hoc applications in the plan term this is done using or PCS, or ISVL for applications in the traffic control phase Expiring capacity The agreed capacity expires in case of an emergency and whenever this is absolutely necessary due to a failure making the infrastructure temporarily unfit for use 42. Keyrail is entitled to partly or entirely withdraw the timetable capacity on the free track or railway yards if Keyrail, after tuning matters with a terminal and the railway undertaking concerned, establishes that the railway undertaking cannot acquire a slot of a terminal that is properly 42 Article 3 paragraph b of the Railway Capacity Allocation Decree. Network Statement 2015 Betuwe Line final version December 2013 Page 56 of 149

57 connected to the standard process times and the railway undertaking has requested insufficient parking time, or if insufficient time can be allocated. In some cases it may be necessary to perform maintenance work on the infrastructure on short notice (repairs, urgent replacements, etc.) that does not fit into the capacity allocated in the annual timetable for activities. 4.4 Capacity allocation for congested infrastructure and the framework agreements Congestion statements By virtue of Directive 2012/34/EU (Article 47) Keyrail declares the infrastructure congested if the coordination phase in the annual timetable allocation process did not result in a capacity allocation satisfactory for the applicants. Subsequent to the congestion statement, Keyrail prepares a capacity analysis within six months. Within six months of completing the capacity analysis, Keyrail draws up a capacity increasing plan after discussing matters with titleholders. For the capacity increasing plan Keyrail, in association with ProRail, determines the most costeffective solution based on a cost-benefit analysis. Solutions can be of an infrastructure, process or innovative nature. An overview of the congestion statements issued for the Betuwe Line can be found in appendix 11 and also on Keyrail s website Framework agreements On publishing this Network Statement, Keyrail has not concluded framework agreements for the timetable Capacity allocation for maintenance and/or large-scale renovation work/new development ProRail is responsible for this large-scale renovation work including the capacity requests for this work. Capacity allocation, however, is the responsibility of Keyrail Allocating capacity (management) in the timetable phase The following prevails for activities performed on or near the main tracks that require (a combination of) incidental withdrawals: 1. Insofar activities on the deadline of the annual timetable request are reasonably foreseeable and feasible, the capacity for performing activities is set to a date and allocated during the annual timetable allocation process. As for activities that are not reasonably foreseeable and feasible, one may reach an agreement during the annual timetable phase about the day and implementation variant. 2. Prior to the coordination of the annual timetable capacity allocation process, an inventory takes place of withdrawals to be agreed upon on the Combined Network, the Betuwe Line, the border route sections of the adjacent foreign networks and the route sections as far as the logical disconnecting points in Belgium and Germany, for which the relevant Network Statement 2015 Betuwe Line final version December 2013 Page 57 of 149

58 diversion routes are expected to provide insufficient residual capacity for the diverted trains. For those withdrawals for which, subsequent to discussions, the total capacity on the diversion routes is expected to be insufficient according to reasonable standards, Keyrail offers the titleholders the possibility to designate trains that upon processing in the VAB process (traffic adjustments due to management) can be handled according to the annual timetable rules, which means with priority over the ad hoc requests. 3. At the time and place of the incidental withdrawals and on the related diversion routes used the maintenance schedule is not cancelled, unless stated explicitly. Keyrail will help solve competition by means of changes in the maintenance schedule Capacity allocation for management in the ad hoc phase 1. During the timetable year, Keyrail may obtain capacity for unscheduled maintenance. This is maintenance that cannot reasonably be scheduled upon completing the annual timetable requests and which cannot reasonably wait until the following timetable year. Any changes of the allocated traffic capacity occur under the rules of the ad hoc traffic requests, hence only with the permission of the capacity holder. Requests are agreed upon after deliberation and always at least 12 weeks prior to the date of implementation (the adjustment) of the required capacity within the annual timetable For activities expected to take place in the timetable year, but which cannot yet be planned on completing the annual timetable request, will also be agreed upon in the management discussions and according to the same rules. 2. Subsequent to the annual timetable allocation the titleholders and Keyrail may request the programming of activities to be changed due to unforeseen circumstances (with respect to the annual plan) and unforeseen activities. The basic rule is that parties will help reprogram; cooperation may only be rejected stating grounds and based on business interests. 3. When concretising the implementation method and implementation dates, further elaboration may not fit within the annual timetable allocated capacity. Also, circumstances might present themselves while preparing and implementing the project which had not been presumed as such on determining the required capacity. Keyrail and the titleholders will discuss the changes of the implementation method and implementation dates. If parties fail to reach a consensus then the titleholders involved and Keyrail undertake to agree on allocation within 10 working days by means of a new procedure to be agreed upon by then. The precondition is the implementation of the activities involved in the timetable year In the event of a dispute concerning the capacity required by Keyrail for performing activities, Keyrail will substantiate the usefulness and necessity of this required capacity. 5. Track activities usually require some major withdrawals and several minor withdrawals (for preliminary work and work afterwards). These minor withdrawals are carried out in the maintenance schedule. If the maintenance schedule provides insufficient capacity, then Keyrail will communicate matters and within 12 weeks prior to implementation determine the required capacity for the preliminary work and work afterwards. Keyrail will discuss adjustments with the titleholders involved; if parties fail to reach a consensus then the dispute settlement procedure referred to in the previous paragraph will prevail. The above stipulations are aimed at using the major withdrawals that dovetail with the national context - most efficiently. Network Statement 2015 Betuwe Line final version December 2013 Page 58 of 149

59 6. If disruptions or irregularities (might) occur that (might) threaten safe and undisrupted train traffic, maintenance will be required and titleholders will lose their capacity rights in order to allow the performance of work (repairs, urgent replacements, etc.) for the restoration/assurance of safe and uninterrupted train traffic. Keyrail will invest best efforts to carry out this work as much as possible within the maintenance schedule 4.6 Unused capacity Keyrail provides an integrated 43 plan or timetable that is conflict-free and upon transfer to Keyrail Operations includes unused capacity on the free track and railway yards for a longer period of time. The purpose is to use the capacity on the Betuwe Line safely, efficiently and in a reliable manner. With the cancellation schedule for the allocated capacity in the annual timetable and the plan for the specific days, Keyrail seeks to minimise unnecessary capacity possession by disallowing management and traffic to not use this capacity on the free tracks and the railway yards for a longer period of time Reallocating capacity not used for a longer period of time Keyrail addresses the titleholders orally and in writing if capacity allocated to them in the annual timetable (including the change sheets) is left unused: less than 50% in eight weeks or less than 25% in four weeks. This is calculated according to the (related) train number for each traffic day on the free track or railway yard. The titleholders will be granted the opportunity to state the reasons for not using the allocated capacity. Consequently, Keyrail might reallocate train paths or railway yard slots. The capacity released after the allocation process will be available for other previously submitted traffic capacity requests. Keyrail applies this rule within three weeks from sending a written notification to the original holders of the capacity in question. If Keyrail proceeds to reallocate the capacity to another titleholder, Keyrail will in principle apply the order on the waiting list (first come, first served). Keyrail may deviate from this principle if such ensures good solutions for all parties involved. Nevertheless, if a conflict persists, then Keyrail will apply the FCFS principle. The above does not apply if the situation has presented itself beyond the titleholder s control due to non-economic reasons. The reallocated capacity will be offered to other titleholders without refunding any reservation compensations or prepaid rental tariffs for a monthly period which the original holder of this capacity has paid. Keyrail may suspend the execution of the Access Agreement for using the Betuwe Line or parts thereof. If Keyrail then decides to terminate the suspension, the titleholder will once again have 43 The integrated plan includes the paths on the free track, connection to the border times on the interfaces between the Betuwe Line and the railway infrastructure of ProRail and DB Netze, the railway yards and the connection to the terminal slots of at least the terminals RSC Waalhaven, ECT, Euromax and EMO. Network Statement 2015 Betuwe Line final version December 2013 Page 59 of 149

60 the right to claim the capacity he has been offered. This is possible on the fourth day after the termination of the suspension Unused capacity in the traffic control phase In the traffic control phase, the steps of a disciplined departure process (see Appendix 6, section 2.2) must be followed. Failing to observe the agreed process steps means that the allocated train path will be cancelled. In case of a cancellation as described in the above, Keyrail Operations shall have the right to allow other railway undertakings to have that capacity. 4.7 Exceptional transports See Appendix 6 (Operational Conditions) section Traffic control Keyrail provides tracks (including railway yards) and roadways as laid down in the capacity allocation process (annual time table and ad hoc). If the railway undertaking departs within the departure timeframe, Keyrail shall invest best efforts to: realise the connection with the combined network (ProRail) or the German network (DB Netze) that is part of the scheduled train path ( establish the planned connection ); allow traffic that remains within the Betuwe Line area to arrive at the scheduled time. The Railways Act s frameworks for this regulation are also laid down in Directive 2012/34/EC (Article 54), Railways Act (Article 16, paragraph b) and the Rail Traffic Decree (articles 22 and 23). For the responsibility for selecting roadways, see point 1.1. of Appendix 6 Operational Conditions Principles of the intervention measures By virtue of the Rail Traffic Decree and the General Terms & Conditions, in certain situations Keyrail Operations is authorised to deviate from allocated capacity agreed upon previously. This allows Keyrail Operations to intervene in the intended flow of the train service and other operating processes of railway undertakings. The railway undertaking must observe Keyrail s instructions in this context. In the event of disruptions whereby an efficient solution cannot be found within the management area of the railway undertaking, then Keyrail Operations will discuss matters with ProRail and/or DB Netze to find out whether rerouting via other networks is possible. Keyrail Operations will exercise this authority, particularly in the following situations: In the event that the train running deviates from the plan to such an extent that it affects the running of other trains or operating processes (domino effect ), or otherwise gives rise to an out-of-control situation. In the event of (threatening) disruptions or an unforeseen restricted availability of the infrastructure. By order of public authorities. Network Statement 2015 Betuwe Line final version December 2013 Page 60 of 149

61 In case of emergencies. In case of threat of danger. To prevent situations in which the guidelines applicable to Keyrail by law are in danger of being transgressed. To bring an end to situations in which the guidelines applicable to Keyrail by law are being transgressed by use. In the event of potential enforcement of an administrative order and to prevent the consequences thereof. These interventions are aimed at ensuring safety and restoring the planned flow of the traffic in a controlled manner with as little disruption as possible Intervention measures In case of disruptions, a distinction is made between situations with reduced availability of the infrastructure and situations whereby one or more trains fall outside the allocated capacity or timetable(s) without any reduced availability of the infrastructure. Blocked infrastructure Due to an obstruction on the opening track or a node, a situation may arise whereby the railway undertaking does not acquire the infrastructure capacity to which it is entitled according to the allocation plan or timetable. In such case, the remaining (available) infrastructure capacity is divided as best as possible among the affected railway undertakings in proportion to the most recently applicable allocation plan. Trains unable to run due to a blocked infrastructure are regarded as delayed trains, unless such trains are definitely cancelled under the terms of handling agreements. When preparing a new plan, Keyrail Operations will apply the obstruction measures as agreed upon in advance with the transport operators involved. If Keyrail Operations, due to circumstances, is forced to deviate from these measures, such will take place after consultation with the railway undertakings involved. A transport operator may, on suitable grounds, request a change to the measure agreed in advance. Keyrail Operations will accept this change on condition that it does not prejudice any other railway undertakings. Deviating agreements with regard to a specific incident can be made in the Dutch RBI = (regional incident management policy team) or in the LBI (national incident management policy team). Train deviating from the allocation plan A train deviates from the allocation plan or timetable if the delay is such that the train uses infrastructure capacity other than that prescribed in the allocation plan or timetable. If a train exceeds the delay margins agreed upon with the railway undertaking, then Keyrail Operations will reschedule the affected train subject to the specifications of the railway undertaking concerned. A path, which is free of conflict with the trains of other railway undertakings, is thereby determined. This principle is detailed in handling agreements contractually laid down with the railway undertaking. Network Statement 2015 Betuwe Line final version December 2013 Page 61 of 149

62 If two trains deviate from the allocation plan or timetable, then these are rescheduled subject to the specifications of the railway undertakings concerned. If these two trains compete for the same infrastructure capacity, the sequence of the available infrastructure paths will be determined based on the ' first come first served' principle. If Keyrail is forced to deviate from this principle, such will take place following consultation with the railway undertakings concerned. The same applies if one or more railway undertakings make a request for change. Keyrail Operations will inform DB Netze and Infrabel about any change in the timetable for crossborder traffic made by Keyrail. Coordination takes place on discovery of a (potential) timetable conflict. Keyrail and ProRail inform one other using the shared intervention system. Coordination in case of a changed or new timetable takes place by testing in ISVL and in the dynamic time path diagram and/or by means of telephone contact Foreseen intervention See Appendix 6, Operational Conditions, section Unforeseen intervention If the disruption and the intervention for correction thereof involve only one railway undertaking and does not affect the capacity allocated to other railway undertakings, then the intervention measures to be taken will be determined as much as possible in consultation with the railway undertaking in question. Ultimately, Keyrail Operations will decide on the measures to be taken. Keyrail does not apply any priority rules according to train type or transportation segment. 4.9 Allocating capacity for stabling and shunting facilities The capacity rights for using the facilities referred to in section 3.8 are applied for and treated in the regular capacity allocation process. These facilities, insofar they are managed by Keyrail, will be used as services being offered (see Chapter 5) Operational cooperation Keyrail will handle capacity requests for train services beyond Keyrail s management area in accordance with the agreements that exist with ProRail and also with other infrastructure managers united in RailNetEurope. As regards the Zevenaar border crossing, DB Netze and Keyrail act in line with the border route section agreement concerned. These agreements include arrangements for the regulation and tuning of through train traffic. Operational agreements exist between Keyrail and ProRail for through train traffic via both management areas. Keyrail and ProRail, in association with infrastructure managers of the adjacent railway networks, also coordinate the planning of possessions. Network Statement 2015 Betuwe Line final version December 2013 Page 62 of 149

63 5 Products and services 5.1 Introduction Keyrail is offering titleholders several services to access and use the railway infrastructure of the Betuwe Line, as described in section The Access Agreement to be concluded with the railway undertakings lays down the services available. Article 13 of Directive 2012/34/EU categorises these services as follows: Minimum Access Package (section 5.2) Access to facilities (section 5.3) Supplementary services (section 5.4) Support services (section 5.5). Railway undertakings are entitled to the non-discriminatory use of the services referred to in the categories Minimum Access Package and Access to Facilities. Section 5.6 covers the performance agreements which Keyrail seeks to reach with the railway undertakings. Section 5.7 and beyond provides an overview of Keyrail s other services. 5.2 Service package 1: Minimum Access Package Keyrail distinguishes three different train paths: Standard pattern paths; train paths on Havenspoorlijn and the A15 line optimally connected to the basic hour pattern freight paths on the combined network (ProRail) and the Stundentakt of DB Netze. Separate locomotive paths: train paths on Havenspoorlijn for separate locomotives, including locomotives dispatched. Local traffic paths: paths on Havenspoorlijn to optimise the logistics processes in the harbour area. A train must always be capable (given the traction, train length and weight involved) to run the speed fit for the path involved, under all weather conditions. The condition is to use locomotives which at least have a No Objection Declaration (in Dutch: Verklaring van Geen Bezwaar or VgB), for unrestricted operation. Keyrail proceeds according to market specifications for a standard pattern path for the A15 line and Havenspoorlijn, including the standard process times on the departure or arrival railway yard. Keyrail uses these standard pattern paths for composing the train path catalogue (see section 4.3.2) within the timetable design standards in Appendix 16. The standard pattern paths also stimulate the most effective use of the railway infrastructure. Network Statement 2015 Betuwe Line final version December 2013 Page 63 of 149

64 In 2015, the specifications for the standard pattern path on the A15 line are based on a timetable speed of 85 km/h in eastern direction and 95 km/h in western direction. The other features are described in section The specifications of the standard pattern path for Havenspoorlijn are based on a timetable speed of 80 km/h (electric locomotive) and 60 km/h (diesel) respectively in both directions with the exception of the Botlek Tunnel and the connection Maasvlakte West Yangtze port. Further specifications are described in section Only for specific cases, on the request of and in cooperation with the railway undertaking concerned, Keyrail will study the possible exceptions. The railway undertaking wishing to use more than one standard pattern path for operating a train on Havenspoorlijn and/or the A15 line must submit a request to that effect to Keyrail in order to receive a declaration of admissibility. The requirements set to any deviating applications are described in section Trains the weight of which exceeds the weight mentioned in the table in sections and may use no more than two standard pattern paths at the tariffs included in section 6.3. Information on the standard pattern paths will be published within three months prior to the expiry of the deadline for submitting the annual timetable, on times set by the RNE. Keyrail provides six standard pattern paths per hour in each direction between Kijfhoek and Meteren. On the Meteren - Zevenaar East section two additional standard pattern paths are available per hour in each direction. Maximum capacity on Havenspoorlijn: Kijfhoek Waalhaven: up to 12 paths per hour in each direction. Kijfhoek Maasvlakte: up to 6 paths per hour in each direction. The Minimum Access Package includes access to and use of the process tracks on railway yards. These tracks are intended for process implementation on trains arrival or departure. The standard processing time permitted upon arrival and departure is no more than 120 minutes. This time applies to all stops scheduled in the annual timetable, including the change sheets, and in DONNA [plan specific days and VKL. For these first 120 minutes Keyrail will not charge the railway undertaking costs parking fees. Staying longer than 120 minutes means Keyrail will charge parking fees (these are described in section 6.3.3). Earlier departure from the terminal (which could mean spending more time on a process track than the maximum time permitted) is permitted, provided this is (a) possible on the railway yard and (b) the processes of other railway undertakings are not frustrated. Network Statement 2015 Betuwe Line final version December 2013 Page 64 of 149

65 With this basic product Keyrail is offering the deliver train path service that includes all parts of the minimum access package as referred to in appendix II of Directive 2012/34/EU: a. handling infrastructure capacity application; b. reserving capacity according to the agreed capacity allocation; c. using tracks on route sections and railway yards for train movements and for stationary use insofar necessary for traffic flow (passing, changing driving direction, changing locomotive, changing staff, etc.). Also, the stationary use of tracks insofar required for loading and unloading goods to be shipped; d. train service and traffic control for centrally and locally controlled areas, including use of railway safety telecommunications services; e. providing all information required to carry out the train service for which capacity has been requested, providing the railway undertaking with information on the current train service handling; f. the services of Keyrail s emergency organisation pertaining to alarm signals, evacuation and clearing of the tracks after incidents, as well as the re-railing of rail vehicles and moving damaged rail vehicles to a safe place where they will not hinder traffic; this includes the integral coordination of the operations of railway undertakings in these circumstances, as well as coordination with the competent authorities and their emergency services (deployment costs are charged to the causing party). In most cases automated systems will be used to provide information between and to railway undertakings and other titleholders (see section 2.2.1). To this purpose Keyrail to a certain extent uses the systems managed or owned by ProRail, as well as its own systems that are either operational or under construction. On publishing this Network Statement, the railway data system is the Rail Management System Client (RMS Client for the capacity allocated on the railway yards managed by Keyrail (see section ). The railway undertakings and other titleholders may together with Keyrail decide on how often they wish to receive reports on the performance schemes (daily, weekly, monthly). 5.3 Service package 2: Accessing the facilities Access to the overhead contact line The access to the overhead line service concerns the use of the overhead contact line and all other parts of the traction energy system managed by Keyrail, including the connections to the public power network. Keyrail guarantees access to these facilities. The maximum current take-up per route section is shown in appendix 12. Conditions regarding this service are included in appendix Access to the refuelling systems Network Statement 2015 Betuwe Line final version December 2013 Page 65 of 149

66 The refuelling systems that exist in Keyrail s management area have been described in Appendix 15. Keyrail Operations sets roadways from and to the refuelling systems Accessing and using passenger stations Not applicable Accessing the terminals and the public loading & unloading sites Accessing terminals and the public loading & unloading sites managed by Keyrail is part of the Minimum Access Package (see section 5.2). Using the public loading & unloading sites is part of Service Package 3. (see section 5.4.7) Accessing and using railway yards Keyrail has categorised railway yards into process tracks, parking tracks, repair tracks and rented tracks. Accessing these tracks is part of Service Package 1. Using the process tracks Using the process tracks is part of Service Package 2. On process tracks, trains may be stabled for free for no more than 120 minutes upon each arrival from the free track in a train path and upon each departure from a process track to the free track in a train path. This capacity on the process track is necessary due to the performance of a train run. If a train spends more than 120 minutes on a process track, then this train is parked. This capacity is not inextricably or directly linked to the performance of a train run. The parking capacity is a temporary parking space of railway vehicles between two runs within a maximum period of seven calendar days. Parking is the case directly upon arrival on/departure from a railway yard. In RMS, Keyrail registers the allocated and actually used capacity and stabling time on each railway yard. The purpose of the parking policy is to improve circulation on Havenspoorlijn and enable the most efficient use of the track and terminal capacity. By charging parking fees, Keyrail seeks to minimise nuisance during the process. In case of long parking on tracks not being rented tracks, Keyrail may ask the railway undertaking to free the track in question to make sure that the process tracks are used efficiently. The railway undertaking concerned must meet this request within 24 hours. Using the rented tracks Using rented tracks on which rolling stock may be stabled for at least 30 consecutive calendar days and no more than a timetable year, is part of Service Package 2. Rented tracks are used to regulate the occupation of tracks that are not directly involved in the transportation process. Keyrail offers railway undertakings and authorized applicants the opportunity to apply for prearranged rented tracks in the timetable allocation process. Rented tracks are allocated during the Network Statement 2015 Betuwe Line final version December 2013 Page 66 of 149

67 timetable allocation process. If during the annual timetable allocation process and in the coordination phase, it turns out that a rented track already arranged in the annual timetable allocation process needs to be allocated in competition as a process track to a titleholder who has applied for a weekly set of train paths (in accordance with the definition given in Article 3 under Directive 2012/34/EU), then this rented tracks shall no longer be available and be allocated as a process track with the relevant set of train paths. After the annual timetable allocation, Keyrail will sign leases with parties to which rented tracks have been allocated. In the ad hoc phase, in the annual timetable Keyrail will offer the available rented tracks that have not yet been allocated according to the first come, first served principle, under non-discriminatory terms. The tariffs of the rented tracks are based on location, length of tracks and the existing facilities. These tariffs are provided in Chapter 6 of this Network Statement. Using the repair tracks Using repair tracks that are meant for work that is considered to be a fixed part of ordinary daily activities, and for which rolling stock need not be put out of service, is part of Service Package Accessing and using the shunting hump in Kijfhoek The shunting hump in Kijfhoek may only be used with locomotives that are equipped with tools for communication with and influencing by the automated hump tracks. 5.4 Service package 3: Supplementary services Traction energy Keyrail s service package does not include traction energy supply. For this the railway undertakings should address the Coöperatieve Inkoopvereniging Elektriciteit Betuwe Line (CIEBR). For address details we refer to Appendix Fuel supply Fuel supply is not included in Keyrail s service package. Within Keyrail s management area, this is the responsibility of the buying organisation Verenigd Inkoop voor Energie op het Nederlandsche Spoorwegnet (Vivens). The address details are provided in Appendix 20. The tank plates in the Rotterdam port area are currently operated by DB Schenker Rail Nederland N.V Rolling stock maintenance services This service concerns the use of water draw-off points, sewer connections and electrical depot power supply existent on the railway yards on publishing this Network Statement. Keyrail, on the request of one or several railway undertakings, will study whether expanding this service would be useful and desirable and if so, under which terms. Network Statement 2015 Betuwe Line final version December 2013 Page 67 of 149

68 5.4.4 Exceptional transports This service involves the studying and determining, on the railway undertaking s request, of the access and transport conditions for equipment that does not comply with the access conditions for the intended route sections and tracks according to the Minimum Access Package. The service also includes Keyrail s additional efforts for the preparing and implementing of Exceptional Transport, such as the preparing of a tailored timetable, use of assisting Keyrail staff or the temporary removal of objects along the track. See also appendix 6, point Using public loading & unloading sites Public loading & unloading sites are locations not being private terminals where goods can be loaded on/off wagons. The public loading & unloading sites are described in Appendix Additional connections for automated applications This service involves the provision of connections to information systems managed by Keyrail (e.g. RMS Client). See the Network Statement Combined Network for automated applications managed by ProRail Travel information and train traffic information The RNE application ITIS provides support in following and arranging international train traffic. See also section Service package 4: Support services Keyrail provides support services as referred to in Directive 2012/34/EU (Article 13, section 8) according to the conditions Keyrail and the railway undertaking agree upon for each specific service Use of telecom facilities Not applicable. For GSM-R see the Network Statement Combined Network Tailored additional information products This service regards the provision of specific information products agreed upon with Keyrail and the processing thereof, supplementary to the standard overviews of the train service handling described in appendix Technical inspections of the equipment The provision of services for technical inspections is not included in Keyrail s service package Support services for major maintenance of rolling stock Keyrail does not offer support services for major maintenance of equipment on repair tracks used tot that effect and for which specific facilities are required. Keyrail, upon the substantiated request of one or several railway undertakings, investigates whether providing these services is useful and desirable and if so, under which terms. Network Statement 2015 Betuwe Line final version December 2013 Page 68 of 149

69 5.6 Performance schemes The performance schemes are agreements between the railway undertakings and the infrastructure managers used to minimise disruptions and improve the performance of the Betuwe Line system. The performance schemes may contain malus schemes for acts affecting the utilisation of the Betuwe Line, compensations for disadvantaged railway undertakings and premiums to reward performances beyond expectations. In the Network Statement 2015 Betuwe Line, Keyrail offers the railway undertakings the following performance schemes: 1. Performance scheme 1: changes of the allocated trains in the traffic control phase 2. Performance scheme 2: punctuality a. Performance scheme 2a: punctual departure of the train service compared to the original plan or current plan b. Performance scheme 2b: punctual arrival of the train service compared to the original or current plan. 3. Performance scheme 3: cancellations of the allocated capacity in the traffic control phase a. Performance scheme 3a: cancelled by the railway undertaking b. Performance scheme 3b: cancelled by Keyrail 4. Performance scheme 4: more quieter wagon kilometres. The practical interpretation of the performance schemes is constantly evaluated and may be altered during the term of the agreement. Any changes in the performance schemes for the purpose of effectiveness and reasonableness in accordance with the Betuwe Line will be published as an addition to the Network Statement Performance scheme 1: changes of the allocated trains in the traffic control phase Purpose of the performance scheme: manage the number of changes of the allocated capacity by both Keyrail and the railway undertakings, aimed at more efficient use of the allocated capacity and to not unnecessarily burden Keyrail Operations with changes during the implementation process. The ISVL orders measured are changes of the timetable, change of the train number and transport in the timetable of for each phase described below that the order is submitted to Keyrail. The following three phases are distinguished: between commencement of the VL phase and 4 hours prior to the scheduled departure, between 4 hours and 1 hour prior to the scheduled departure and less than 1 hour prior to the scheduled departure. Network Statement 2015 Betuwe Line final version December 2013 Page 69 of 149

70 In the reports, the number of orders submitted by each party and per phase will be set against the total number of orders submitted by this party. The table below is an example of the performance report (tentative values). Table 1: Example of the performance report on changes of submitted trains Performance scheme 1 Changes of the VL phase Keyrail Railway undertaking External Number % Number % Number % Between commencement of the VL phase and 4 hours prior to scheduled departure Between 4 hours and 1 hour prior to scheduled departure Less than 1 hour prior to scheduled departure , Total 0 0 2, Performance scheme 2 Punctuality Purpose of the performance scheme: Create a more reliable train service: On the connection between the Betuwe Line and the Combined Network and the German network near Emmerich respectively. Upon arrival on the process tracks in the Port of Rotterdam. compared to the original timetable and current timetable respectively. The performance scheme for the punctual departure and arrival is a tool used to continuously improve the underlying production process of carriers, infrastructure managers and terminals. The performance scheme consists of the following: a. Performance scheme 2a: punctual departure from the Keyrail area b. Performance scheme 2b: punctual arrival at the Keyrail area. All performances are measured by Keyrail, analysing them for trends and the (underlying) causes. They are submitted to the railway undertaking in accordance with the agreements stated in the Access Agreement for using the Betuwe Line In addition, the performances and analyses are Network Statement 2015 Betuwe Line final version December 2013 Page 70 of 149

71 discussed during the Operations Managers Meeting and wherever necessary, the operational intervention steps of carriers, infrastructure managers and terminal operators are agreed upon and monitored for effectiveness. The related operational regulations in this network statement and the punctuality performance scheme can be adjusted for purposes of effectiveness, after the decision-making process in the Management Meeting. In 2014, Keyrail and the railway undertaking will invest efforts to ensure optimal harmony with EPR, ProRail and DB Netze. Keyrail will publish the accepted changes as a supplementation to the Network Statement Betuwe Line The original timetable scheme has been divided into the annual timetable, change sheet and the DONNA specific days plan by Keyrail. This is the integral part on the free track and railway yards linked to the terminal slots of at least RSC, ECT/EMX and EMO that has been transferred to Keyrail Operations. The current timetable is the following: The original timetable that has not been changed by Keyrail Operations. The allocated changes of the original timetable based on requests in ISVL. The allocated orders and any allocated changes thereof based on requests in ISVL. The standard for deviating from the original timetable and implementation is set at no more than minus 0 minutes and 0 seconds to no more than plus 30 minutes and 59 seconds. The standard for deviating from the current timetable and implementation is set at no more than minus 2 minutes and 59 seconds up to no more than 2 minutes and 59 seconds. Performance scheme 2a: punctual departure from the Keyrail area Punctual departure from the Keyrail area involves trains departing from the Port of Rotterdam and driving in eastern direction in standard pattern paths on the Betuwe Line (including the Havenspoorlijn). This first, non-monetised performance scheme is defined as follows: the punctual departure from the Keyrail area of all trains based on calendar months and for each railway undertaking Keyrail has allocated in standard pattern paths. 1. Departing from the process tracks in the railway yards in the Port of Rotterdam. The target has been set at 80% compared to the original timetable and 90% compared to the current timetable. 2. That have passed the connections between the Betuwe Line and the Combined Network near Kijfhoek, IJsselmonde and Meteren respectively. The target has been set at 80% compared to the original timetable and 90% compared to the current timetable. 3. That have passed the connection between the Betuwe Line and the one near the Zevenaar border. The target has been set at 80% compared to the original timetable and 80% compared to the current timetable. Network Statement 2015 Betuwe Line final version December 2013 Page 71 of 149

72 Performance scheme 2b: punctual arrival in the Keyrail area Punctual arrival in the Keyrail area involves trains driving from the connection near the Zevenaar border towards the Betuwe line in western direction in standard pattern paths. This second, nonmonetised performance scheme is defined as follows: punctual arrival on calendar monthly basis of all trains in total and for each railway undertaking Keyrail has allocated in standard pattern paths. 1. Arriving on the process tracks in the Port of Rotterdam (excluding IJsselmonde) and Kijfhoek, provided these trains have punctually arrived on the Betuwe Line from the adjacent networks of ProRail and DB Netze. The target has been set at 80% compared to the original timetable and 85% compared to the current timetable. 2. That have passed the connections to the Combined Network near Kijfhoek, IJsselmonde and Meteren respectively. The target has been set at 80% compared to the original timetable and 80% compared to the current timetable. 3. That have passed the connection to the Zevenaar border crossing. The target has been set at 80% compared to the original timetable and 80% compared to the current timetable Performance scheme 3: cancelling the allocated capacity in the traffic control phase Purpose of the performance scheme: Carriers cancelling trains in previously allocated train paths on time in the traffic control phase. Keyrail providing alternative paths on time in the traffic control phase. Reduce the number of cancellations in the traffic control phase by train operators in previously allocated train paths. This ensures more efficient use of the Betuwe Line and also a more predictable and reliable train process. The performance scheme consists of the following: a. Performance scheme 3a: cancelled by the railway undertaking. b. Performance scheme 3b: cancelled by Keyrail. Performance scheme 3a: cancelled by the railway undertaking No show at a standard pattern path is a fact provided the departure procedure referred to in the Operational Conditions in accordance with Article 9.3 of this Access Agreement is observed, at a local traffic path and a separate locomotive path if the train does not depart from the allocated path within the margin of plus two minutes and 59 seconds. In this situation, Keyrail will cancel the allocated path and enter Cancel train in ISVL. The expenses involved will be paid by the railway undertaking. Cancelled trains can no longer be requested on the same traffic date with the same train number. The cancellation costs of cancellation scheme 3a are provided in section Network Statement 2015 Betuwe Line final version December 2013 Page 72 of 149

73 The effects of the order moments and the monetised cancellation scheme are unlimited. The preconditions: In the event of a calamity whereby an ordinary train process is not reasonably possible, the railway undertaking will have the right to link the cancellation to the ISVL registration card. In this case Keyrail will not be charging costs. The registration card remains open up to one hour after the end of the calamity. On the railway undertaking s request or on Keyrail s initiative, the registration card may remain open for a longer period of time. If the railway undertaking objects to the cancellation registered and reported by Keyrail, then the railway undertaking must digitally object to annulering@keyrail.nl within two working days after Keyrail has submitted the digital report. Performance scheme 3b: cancelled by Keyrail If a change is caused by Keyrail without Keyrail providing an alternative path within 2 hours, or in case Keyrail causes a delay to such extent that the train is cancelled indeed (and cargo cannot be shipped onboard another train within two hours), cancellation by Keyrail is a fact. The cancellation costs of cancellation scheme 3b are provided in section The effects of the order moments and the monetised cancellation scheme are unlimited. The preconditions: The cancellation malus scheme for Keyrail will only prevail if Keyrail itself has caused this cancellation, which means that the infrastructural disruptions or incorrect roadway settings in Keyrail management area are a fact. The railway undertaking must report cancellation by Keyrail within two working days after the incident at annulering@keyrail.nl. The cancellation malus scheme is exclusively meant for direct delays. Consequential delays are not included in this scheme. This performance scheme applies only to standard pattern paths. Local traffic paths and separate locomotive paths are excluded from this performance scheme. Reallocating capacity not used for a longer period of time Keyrail addresses the titleholders orally and in writing if capacity allocated to them in the annual timetable (including the change sheets) is not used: less than 50% in eight weeks or less than 25% in four weeks. This is calculated according to the (related) train number for each traffic day on the free track or railway yard. The titleholders will be granted the opportunity to state their reasons for not using the allocated capacity. Consequently, Keyrail might reallocate the train paths or railway yard slots. The capacity released after the allocation process will be available for other previously submitted traffic capacity requests. Performance scheme 4: more quieter wagon kilometres Network Statement 2015 Betuwe Line final version December 2013 Page 73 of 149

74 Purposes of the performance scheme: nationwide reduction of noise using silenced rolling stock and sound capacity more efficiently. This is a national scheme. Keyrail, in cooperation with ProRail and the railway undertaking, agrees that the railway undertaking will join the performance scheme for quieter wagon kilometres. This scheme means that the railway undertaking will win a bonus for reducing noise emission by using silenced rolling stock. The bonus amounts to 0.04 for each wagon kilometre covered with silenced rolling stock, the maximum number of kilometres to be covered being 120,000 kilometres in total per wagon throughout the scheme period. Silenced rolling stock means rolling stock that was taken into use before and that was permanently converted into a quiet braking system after A quiet braking system is a braking system using K blocks, LL blocks or alternatives that are at least equivalent. The participating wagons must be reported to the Network Manager in advance stating their numbers. Bonuses are awarded to a specific wagon for no more than four consecutive years. The bonus is settled with the user charges invoice. The railway undertaking provides the information required in order to determine the bonus, being: for each wagon reported in advance a statement of the kilometres covered in the Netherlands, specified according to the ride and date involved, train number and the number of kilometres covered in the Netherlands, or another equivalent specification agreed upon with the Network Manager. The latter will randomly verify the conversions and the number of kilometres stated. 5.7 Studies and other services Keyrail provides services not pertaining to the access and use of the main railways and therefore these services are outside the scope of the Network Statement and the Access Agreement. For these services Keyrail and the party interested will agree to a separate regulation including conditions for each specific case. Examples of such specific regulations for other services include: timetable studies; agreements about the realisation of systems and constructions on sites managed by Keyrail (within any existing permit conditions required, as referred to in article 19 of the Railways Act); agreements about accessing and using traffic routes on sites managed by Keyrail, including parking facilities; working together to develop information systems. Network Statement 2015 Betuwe Line final version December 2013 Page 74 of 149

75 6 User charges 6.1 Introduction This chapter describes the general rules for the user charges which titleholders are indebted to Keyrail for the services Keyrail provides for obtaining capacity rights and access to as well as the use of the railway infrastructure managed by Keyrail. 6.2 Charging principles Keyrail determines the user charges taking the statutory provisions into consideration. These provisions concern the following: 1. the budgeted income from user charges does not exceed the budgeted annual costs to be incurred by the network operator for the relevant railway infrastructure Keyrail may agree to a user charge that also serves to cover the costs of any party other than Keyrail for the laying of the infrastructure (insofar it concerns the main railway infrastructure designated to this purpose by order in council) Keyrail may agree to an increase for the use of the congested main railway infrastructure during the periods of congestion and to cover the costs of environmental effects of the use of main railway infrastructure that are not included in the budgeted costs of the network operator Keyrail may agree to a discount as referred to in article 9 of Directive 2001/14/EC Keyrail may agree to a discount or surcharge in connection with disruptions and with a view to improvement of the performance of the railway network Keyrail may agree that the user charge is also indebted for the agreed capacity of which no use is made The agreed user charge complies with article 4, paragraphs 4 and 5, articles 7 through 12 and article 26, paragraph 3, of Directive 2012/34/EU. Keyrail and the titleholder agree on and lay down the user charges in the Access Agreement. Keyrail guarantees that the pricing complies with the requirements of the Railways Act. Keyrail does not allow railway undertakings to inspect Keyrail s business administration. 44 article 62, paragraph 1 of the Railways Act 45 article 62, paragraph 2 of the Railways Act 46 article 62, paragraph 3 of the Railways Act 47 article 62, paragraph 4 of the Railways Act 48 article 62, paragraph 5 of the Railways Act 49 article 62, paragraph 6 of the Railways Act Network Statement 2015 Betuwe Line final version December 2013 Page 75 of 149

76 6.3 Tariffs This section covers the pricing of Keyrail s products and services, being: Train paths (including the performance and cancellation schemes). Use of railway yards for parking and rental purposes. Other products Train path pricing Train path pricing is based on the number of train kilometres covered. In 2015 differentiation takes place for: the type of train path; the section (Havenspoorlijn/Kijfhoek/A15 line) the moment on which a train path is ordered. In 2015 the basic tariff for each train kilometre covered is 2.72 for < 3000 tons trains and 3.00 for 3000 tons trains, both on Havenspoorlijn and also on the A15 line. In 2015 the basic tariff for each train kilometre covered with a separate locomotive is 1.43 for Havenspoorlijn and 2.72 for the A15 line. If a railway undertaking, after receiving a positive declaration of admissibility from Keyrail (see section ) is allocated more than one standard pattern path up to no more than two standard pattern paths, then in 2015 the basic tariff charged for each train kilometre covered will be 5.44 for < 3000 tons trains and 6.00 for 3000 tons trains, on Havenspoorlijn and also on the A15 line. All tariffs are nominal, which means they include the price level correction and exclude additional charges imposed by the central government. Freight train (paths) scheduled shortly before the desired departure time involve a higher tariff surcharge compared to paths requested previously. For freight transportation taking place exclusively on Havenspoorlijn, a separate tariff category is available. For the final calculation of the user charges, the mentioned basic tariffs are multiplied by the applicable percentage shown in the table below. Order moment and (effect on) tariff Order moment Standard pattern Local HVSL path* Separate locomotive Network Statement 2015 Betuwe Line final version December 2013 Page 76 of 149

77 Ordered from the OSS in the annual timetable and change sheet Ordered from the OSS for specific days and from Operations up to 4 hours before departure Scheduled with Operations between 4 hours and 1 hour before departure Scheduled with Operations at least 1 hour before departure * compared to the basic tariff path * path * 100% % 100% 100% 150% 110% 110% 300% 130% 130% The following options are considered: Connect at five logical order moments, for three path types clearly distinguishing port-bound and non-port bound track processes. If the order request for the new train is submitted to Keyrail in less than one hour before departure and the order request can be accepted within the available capacity in the last hour before departure. The separate locomotive tariff exclusively applies to Havenspoorlijn; on the A15 line separate locomotives are considered freight trains (< 3000 tons) Changing the allocated paths All paths allocated by Keyrail may be changed for free, provided the railway undertaking in question communicates changes at least five minutes before the scheduled departure (in line with the departure procedure referred to in Appendix 6, section 2.2). In case of international traffic the railway undertaking, upon exceeding the 24-hour period limit, will be assigned a train number (with DB Netze) on the basis of which the change request can be submitted to Keyrail Operations Cancellation scheme The tables below include the cancellation malus schemes. A distinction is made between cancellation by the railway undertaking and Keyrail failing to provide an alternative path on time. Cancellation expenses to be paid by the railway undertaking Railway undertaking cancels /malus Standard pattern path Local HVSL path Separate locomotive Submitted in the annual timetable and change 0 Undeliverable Undeliverable sheet Submitted between 4 hours before departure and hour before scheduled departure Less than 1 hour before (scheduled) departure After scheduled departure Expenses to be paid by Keyrail for failing to provide an alternative train path on time Providing an alternative path Standard pattern path Network Statement 2015 Betuwe Line final version December 2013 Page 77 of 149

78 Within 2-4 hours 250 Within 4-8 hours 500 After > 8 hours The effects of the order moments and the monetised cancellation scheme are unlimited. The preconditions: Keyrail will only pay cancellation expenses if it has caused infrastructure disruptions or incorrect roadways in the area managed by Keyrail. The railway undertaking must report cancellation by Keyrail within two working days from the incident to annulering@keyrail.nl. The cancellation malus is exclusively meant for direct delays, not to consequential delays. This performance scheme applies exclusively to standard pattern paths. Local traffic paths and loose locomotive paths are excluded from this performance scheme Using railway yards to stable trains The stabling tariff does not depend on track length and equipment. Stabling trains on a locomotive track is free of charge. This goes for all locations. The distinction between A, B and C locations is based on market demand or the stabling tracks on these locations. The layout of all tracks can be found in RMS Client. The first 120 minutes are free for all locations. If trains or wagons are stabled for a longer period of time, the tariff will climb progressively. Hence, a higher tariff will be charged for the next 120 minutes and again higher for 240 minutes, etcetera. The tariff charged for each location is shown in the table below. Stabling tariffs per minute, time zone, location A B C Railway yards in category Maasvlakte West, Waalhaven Zuid, Europoort Maasvlakte Oost, Botlek, Pernis Esso Buiten (Botlek), Waalhaven Oost, Waalhaven West, IJsselmonde, Kijfhoek, Cup Valburg Parking time zone in minutes: > Using railway yards for renting purposes Rented tracks are applied for and allocated prior to the annual timetable allocation process. Keyrail and the railway undertaking in question make bilateral agreements on the tariffs and periods. All tariffs charged for rented tracks have increased by 2.5% for all titleholders compared to tariffs charged in the year Network Statement 2015 Betuwe Line final version December 2013 Page 78 of 149

79 6.3.6 Using public loading and unloading sites In order to use public loading and unloading sites, Keyrail reserves the right to charge compensation. Carriers will be informed about this compensation in advance Accessing and using the overhead contact line Railway undertakings must pay user charges in order to access and use the overhead contact line (use of the traction energy supply system). In 2015 the user charges for using the Overhead contact line service amount to 0, per used kwh. User charges include the transport costs charged by the public network managers Use of the refuelling systems Use of the refuelling systems is part of the basic tariff Exceptional transports Keyrail s additional efforts in preparing and performing exceptional transports are agreed upon based on an offer. It involves compensation for hours which Keyrail has spent and compensation of other costs which Keyrail has incurred (see also appendix 6) Support services Compensation for support services (as referred to in chapter 5.7) is based on a proposal Other tariff parts Keyrail, in order to complete the coordination phase (see chapter 4), may increase the user charges due to scarcity of capacity 50. Keyrail may demand surcharge in connection with expenses incurred for specific investment projects Performance schemes See section Turnover tax and changes of the Network Statement regulations All tariffs stated in this chapter are exclusive of Dutch VAT. If Keyrail wishes to change essential parts of the user charging schemes as described in this Network Statement, then Keyrail shall submit the draft of the amended scheme to the titleholders for consultation. The amended scheme will become effective at least three months after announcement in a supplement to the Network Statement. 50 See article 62 paragraph 7 of the Railways Act and article 7 of Railways Capacity Allocation Decree. 51 Article 8 paragraph 2 of Directive 2001/14/EC Network Statement 2015 Betuwe Line final version December 2013 Page 79 of 149

80 6.6 Invoicing Keyrail invoices user charges, cancellation expenses and costs for using railway yards for stabling trains according to the actual costs in each calendar month. Keyrail invoices costs for accessing and using the overhead contact line on a monthly basis, charging an advance that is based on the CIEBR 52 distribution code. Keyrail invoices rents every month beforehand. All invoices are to be paid within 30 days of the invoice date. Railway undertakings counterclaims against Keyrail cannot be settled with Keyrail s outstanding invoices. If a railway undertaking wishes to object to an invoice, it should address Keyrail at debiteuren@keyrail.nl. 52 Coöperatieve Inkoopvereniging Elektriciteit Betuweroute U.A ( Network Statement 2015 Betuwe Line final version December 2013 Page 80 of 149

81 APPENDIX 1: Management boundaries between ProRail and Keyrail Capacity allocation and Operations transitions from the Betuwe Line to ProRail s Combined Network Location Track ID connected IJsselmonde EF Brdv Rtst km 42,000 ps ps 911A Brdv Rtst 267 e Rtz IJsm signal c Rtz IJsm signal 962 between ps 135 en and the intersection with the track between ps 903 and 907B Zwijndrecht 37 Zwd Kfh km 33, Kfhz Zwd signal Kfhz Zwd signal Kfhz Zwd signal 1384 Meteren CC BRMet Gdm km 147,000 DD Gdm BRMet km 247,000 EE BRMet Zbm km 346,600 FF Zbm BRMet km 346,600 Elst KK CUP Nm km 290,000 HH CUP Est km 190,000 GG Est CUP km 190,000 Zevenaar ZN BRValo Zv km 107,200 ZM BRValo Zv km 107,200 KL Zv BRValo km 107,200 Network Statement 2015 Betuwe Line final version December 2013 Page 81 of 149

82 APPENDIX 2: List of terms Name, term (Public) loading & unloading sites Access Agreement Ad hoc application Axle load Capacity agreement Centrally controlled area Conventional freight transport Crossovers Dangerous goods Definition (Public) loading & unloading sites An agreement between Keyrail and a titleholder concerning the use of capacity and which at least includes stipulations on: a. the quality of the main railway infrastructure to be provided by Keyrail ; b. user charges. Note: See article 59 of the Railways Act See also: capacity agreement. Application for capacity for infrastructure for transport and management, as well as for handling failures in the form of changes of the allocation plan current within the ad hoc phase. Note: These are supplements to the capacity allocation as laid down in the annual timetable.. Axle load is the weight (in tons) per axle of a rail vehicle, incl. load.. A capacity agreement is an access agreement only laying down the capacity to which the titleholder is entitled, without having any right to access and use the railway infrastructure. Note A capacity agreement can be concluded with a party that is authorised by law to conclude an access agreement (e.g. a province granting transport concessions, or a shipper), but which does not have an operating license An area within the railway network in which the relationship between route control and track occupation, as well as the operation of individual infrastructural elements and route control can be monitored from a central location. Conventional transport by train on a path with characteristics that meet the specifications of Keyrail s standard pattern path. A crossover is a facility to switch tracks on an open section by means of (at least two) sets of points. General: Dangerous goods are substances that by virtue of their properties can, even in small quantities, constitute a hazard for humans, animals or the environment, defined in terms of (in accordance with RID) - external safety (in accordance with the Environmental Management Act). Network Statement 2015 Betuwe Line final version December 2013 Page 82 of 149

83 Name, term Disruption ERTMS ETCS FTE Exceptional transports Failure FTE GSM-R Heavy freight transport Holding siding Definition A disruption is a deviation from the timetable above a set standard value. Three types of disruptions can be distinguished: 1. Delays equal to or larger than the operating incident standard. 2. Cancellation for which no normal train service order has been submitted. 3. Diversion for which no normal train service order has been submitted. Note: See Section 23, Paragraph 1 of the Rail Traffic Decree. ERTMS is the European standardised safety system for train traffic. See also ETCS and GSM-R ETCS is an integral part of ERTMS and concerns the signalling, both along the track and in the cabin. The Forum Train Europe ( is a European forum for railway undertakings for the international production planning and coordination of their timetables and production planning in the European rail traffic. The transport of a consignment whose dimensions, weight or wagon type call for exceptional technical or operational measures. Transport regulations are a precondition for exceptional transports. Non-operating or incorrectly operating functionality of the railway infrastructure The Forum Train Europe ( is a European forum for railway undertakings for the international production planning and coordination of their timetables and production planning in the European rail traffic. GSM-R is the wireless telecommunications network for the rail sector. Note: GSM-R is used as means of communication both for speech (drive and traffic controller) and data (between the fixed and mobile safety systems). Freight transport by train in a path with characteristics, similar to the use of freight trains with a gross weight of 5000 ton, an intersection speed of 80 km/h and a permitted maximum speed of at least 100 km/h. Note: This term is used in capacity allocation regulations. The model was detailed on the basis of three 4-axled diesel locomotives of the 6400 series. A holding siding is a track where trains can be stabled. Network Statement 2015 Betuwe Line final version December 2013 Page 83 of 149

84 Name, term Locally controlled area Main siding line Network configuration Definition A locally controlled area is an area within the railway network in which the relationship between route control and track occupation is not monitored from one system and in which the operation of individual infrastructural elements and route control takes place locally under the supervision of a traffic controller with minimum authority. A main siding line is the railway connecting multiple sidings on a port or industrial estate to the railway network. The network configuration (macro topology) displays the railway infrastructure network at the level of train-path points (railway yards, stations, stops, connections, bridges, etc) and the open tracks. Node point Parking (tracks) Path In this, the train-path points serve as nodes and the open tracks as branches. This system can be refined further by specifying the individual open tracks. Due to its enhanced level of detail, this specification can prevent conflict situations in some scheduling and capacity allocation processes. See also the definition of "open track". A node point is a train-path point or a collection of (adjoining) trainpath points that play a role in train service processes. Three types of node points can be distinguished: _ Infrastructural node point: process = scheduling, allocation and release of infrastructure. An infrastructural node point is also a node point where at least three open tracks converge. _ Train node point: process = scheduling and performance of vehicle movements and shunting. _ Personnel node point: process = scheduling and control of personnel services. The use of the infrastructure for logistics processes that are not directly related to a timetable. Parking means a demonstrable relationship must exist with a timetable or transport process. Parking outside the process times. A path is a conflict-free movement assigned to a train slot. According to Directive 2001/14/EC, a train path is: the infrastructure capacity required to run a train between two places over a given time-period. Synonym: train path Note: In other words: a train line on a time-road graphic between starting point and finishing point and related departure and arrival times, within the available infrastructure capacity (so in this sense conflict-free). Network Statement 2015 Betuwe Line final version December 2013 Page 84 of 149

85 Name, term Performance scheme Preheating Private passenger transport Railway undertaking Railway yard Refuelling system Rented tracks, renting RNE Definition An agreement concerning the reciprocal performance of the manager/operator and the railway undertaking, which may include a charging system. Preheating involves switching on the heating in diesel rail vehicles for technical reasons. Note: In case of diesel traction, fuel is preheated to avoid starting difficulties. Private passenger transport is the transport of passengers by train, other than public transport in the sense of the Passenger Transport Act). According to the Railways Act: a railway undertaking is an undertaking of which the (primary) activity concerns the provision of rail transport services for goods or passengers and which has the necessary traction to provide those services, as well as any other undertaking that makes use of or intends to make use of the railways and has access to traction. Example: NS Reizigers, DB Schenker Rail Nederland, Eurailscout, VolkerRail Materieel. Synonym: Carrier. Definition (Transport, Public Works and Water Management Inspectorate) A railway yard is an area forming part of the railway infrastructure intended and equipped for the stopping, starting, terminating, passing, intersecting, stabling or shunting of trains, and which area is provided with at least one switch. The following definition of railway yard is given in the Rail Traffic Regulation: a. All tracks designated by a number. b. The rail sections of the track lead. c. All tracks bordering the tracks as referred to under a and b, up to a maximum distance of 200 metres* before the approach signal of the railway yard, unless the network manager has indicated by means of a sign (SR 302) that no shunting can take place on that track or that shunting restrictions apply. A system for the storage of fuel, including facilities to provide rail vehicles with fuel in an environmentally sound manner. Note: In accordance with the Environmental Management Act. The use of the infrastructure without a demonstrable relationship having to exist with the transport process. RailNetEurope is a European joint venture of railway infrastructure managers in the field of capacity allocation and operations. International timetable requests are coordinated and harmonised within RNE ( Network Statement 2015 Betuwe Line final version December 2013 Page 85 of 149

86 Name, term Route Route section Shunting operation Siding Stabling Tank plate Timetable planning Titleholder Ton metre weight Track Track and route section geometry Definition Connection between two places with regard to the vehicles or vessels that regularly make use of the connection. A route section is a succession of connected train path points and free sections, starting and ending at a train path point. Note: In daily practice the terms route section and track are often used both or mixed up. A traffic movement subject to the restriction that it takes place within the boundaries of a railway yard or a train node point. A siding connects a company s premises to the railway network by means of a branch line and a point switch. Stabling is the temporary placement of rolling stock that during the stationary period are not included in the timetable or involved in shunting operations. A tank plate is a soil protecting refuelling rail vehicles, equipped with a refuelling system or otherwise. Timetable A timetable is an overview of the scheduled rail traffic products of all carriers in terms of the arrival, departure and passage times of trains at train-path points. A timetable always has a specified term of validity. Note: The term timetable is used for many things: sometimes for product-related activities, sometimes for all activities including product-related ones. A timetable/infrastructure plan specifies the use of the product tool Infra. A titleholder, according to the Railways Act, is a natural person or legal entity that is authorised to conclude an access agreement with Keyrail. See Section 57 of the Railways Act. The ton metre weight is the average weight in tons per linear metre of a train. A track is an uninterrupted, designated part of a branch line, unequivocally bounded by a valid rail line and intended as from-or to-location for a movement, and/or as a stabling siding for trains. Track and route section geometry is the location of tracks and route sections expressed in geometrical terms. Network Statement 2015 Betuwe Line final version December 2013 Page 86 of 149

87 Name, term Traffic information Traffic use Train slot Train path Definition Information about the traffic status on the main network, without specific information at train level and without travel advice. This concerns information about the current and expected situation on the main network (e.g. two tracks blocked, no train traffic possible) including the supply or realisation of transport. Supply or realisation of transport is given at train series level. This is the responsibility of Keyrail (rail traffic intervention). Keyrail provides this traffic information to the railway undertakings within the framework of the user right train path in accordance with the communication agreements made in the access agreement, as well as to information providers. Traffic use is the use of the railway infrastructure for traffic purposes. This is contrary to the use of the infrastructure for management purposes. Note Traffic can be distinguished into running and stationary traffic. Management is the construction, maintenance and renewal of the infrastructure. In the railway sector: Running use is the running of the train, (dis)embarking, (un)loading and shunting for the forming of trains. Stationary use concerns the stabling and upkeep of rail vehicles: inspections, replenishment of consumables, internal and external cleaning for hygiene purposes, minor repairs. A train slot is a successive set of one or more infrastructure capacity units, which facilitate valid use of the railway infrastructure. Synonym: see path Network Statement 2015 Betuwe Line final version December 2013 Page 87 of 149

88 APPENDIX 3: Consultation report To be determined Network Statement 2015 Betuwe Line final version December 2013 Page 88 of 149

89 APPENDIX 4: Restricted use track sections This appendix includes all the situations in which, contrary to the interoperability principle, a certain type of traffic or transport on a track section is excluded. While using the track sections, other restrictions that have not been referred to in this appendix, may be applicable (e.g. speed limits or restricted roadway options) which too do not have an exclusive character. Upon request, Keyrail provides railway undertakings with further information on all prevailing functional/capacity restrictions when it comes to using track sections and railway yards. No. Track section Object User restriction 1 Botlek-Maasvlakte Botlek railway tunnel - Passenger traffic is disallowed (restriction does not apply to an alternative roadway via the Botlekbrug). - In the Botlek railway tunnel trains/rolling stock with a maximum speed that is less than 80 km/h are only allowed under the terms that prevail for exceptional transports. - During the descending slope, traction may only be used if the train s speed is less than the local advisory speed. The railway undertaking makes sure the maximum speed that prevails in the 2 Barendrecht connection Kijfhoek 3 Rotterdam Lombardijen Kijfhoek Connection North connection to the North Freight tracks (BE, CE and DE) in Barendrecht Passenger tracks (HJ, JJ, KJ and LJ) in Barendrecht 4 Kijfhoek Zevenaar tunnels and acoustic barriers on the Betuwe Line 5 Valburg-Nijmegen Betuweroute track in the connecting curve near Elst in the deepest section of the tunnel is observed. Passenger traffic is disallowed Tracks will only be used by trains for: passenger traffic; - transferring empty passenger trains; - separate loc rides; - transferring maintenance machines (without freighters); - inspection runs; - work trains for local activities. Passenger traffic restriction across the track section: passenger traffic is disallowed. In extreme weather, Keyrail may give traffic instructions related to e.g. the availability of fire extinguishing water. Extreme weather is considered a disruption as referred to in article 7.1 of the General Terms and Conditions. train length including traction is no more than 513 m. Network Statement 2015 Betuwe Line final version December 2013 Page 89 of 149

90 6 Valburg- s- Hertogenbosch Betuwe Line direction of Nijmegen and v.v. tracks in the connecting curve near Meteren in the direction of s- Hertogenbosch and v.v. Hertogenbosch Betuwe Line tracks in the connecting curve near Meteren in the direction of s-hertogenbosch and v.v. train length including traction is no more than 495 m (track E) and 634 m (track F) respectively. Passenger traffic restrictions Train tracks on the IJsselmonde Maasvlakte section may only be used for (private) passenger trains with Keyrail s prior permission; the train tracks involved do not lead to or run along stations open to passenger traffic. Consultation must take place at least 14 days in advance. Network Statement 2015 Betuwe Line final version December 2013 Page 90 of 149

91 APPENDIX 5: General regulations on the settlement of complaints and disputes Article 1 1. If either of the parties is of the opinion that the other party is not complying in full with the access agreement and an attempt has been made to effect compliance by means of verbal consultation with the party in alleged default, the party seeking compliance can submit a written complaint to the person or the contracting party that is responsible for compliance with that part of the access agreement to which the complaint pertains. 2. Following receipt of the complaint as referred to in the previous paragraph, the receiving party will within five working days respond in writing stating, if the complaint is deemed justified, a proposal for resolving the complaint and the period within which such can be realised. 3. A complaint is regarded as satisfactorily solved when both parties agree on a solution to the complaint. 4. If a complaint is not satisfactorily solved, the issue is regarded as a dispute of which the party in alleged default will be notified in writing. Written notification of the dispute will include a description of the dispute, how it has come to arise and the position of both parties on the issue. 5. The party receiving the notification as referred to in the previous paragraph, will proceed with the handling of the dispute within five working days of receipt. Dispute handling at Keyrail is carried out at department management level, and as concerns the railway undertaking, at a management level selected for this purpose by the railway undertaking. The parties may choose to submit the dispute to a different management level. 6. A dispute is solved when both parties agree to the chosen solution. 7. Both parties will do their utmost to find a solution to any complaint and/or dispute that arises between them. Article 2 1. All disputes, with the exception of those referred to in the regulations on capacity allocation disputes, which may ensue from the access agreement and which cannot be solved amicably on grounds of Article 1 of these General Regulations on the Settlement of Complaints and Disputes, will be solved in accordance with Article 28 of the General Terms & Conditions to the access agreement. 2. These regulations are without prejudice to the right of parties in cases of urgency to submit a dispute directly to the body designated for this purpose in Article 28 of the General Terms & Conditions. Article 3 1. If an interested party is of the opinion that Keyrail has handled it unfairly, discriminated against it or that it has otherwise been disadvantaged in the drafting of the Network Statement, in particular in the handling of the opinion that it has submitted to Keyrail in response to the draft of Network Statement 2015 Betuwe Line final version December 2013 Page 91 of 149

92 the Network Statement, this interested party can submit a complaint in writing to the Management Board of Keyrail. 2. Following receipt of the complaint as referred to in the previous paragraph, Keyrail will within five working days respond in writing stating, if the complaint is deemed justified, a proposal for resolving the complaint and the period within which such can be realised. 3. A complaint is regarded as satisfactorily solved when the complainant and Keyrail agree on a solution to the complaint. 4. If a complaint is not satisfactorily solved, the issue is regarded as a dispute of which the party in alleged default will be notified in writing. Written notification of the dispute will include a description of the dispute, how it has come to arise and the position of both parties on the issue. 5. The party receiving the notification as referred to in the previous paragraph, will proceed with the handling of the dispute within five working days of receipt. 6. A dispute is solved when both parties agree to the chosen solution. 7. Both parties will do their utmost to find a solution to any complaint and/or dispute that arises between them Article 4 All disputes concerning the Network Statement, which cannot be solved amicably on grounds of Article 3, can in accordance with Section 71, Paragraph 1 of the Railways Act be submitted to the Netherlands Competition Authority (NMa). 2. These regulations are without prejudice to the right of parties in cases of urgency to submit a dispute directly to the Netherlands Competition Authority designated for this purpose in Section 71, Paragraph 1 of the Railways Act. Network Statement 2015 Betuwe Line final version December 2013 Page 92 of 149

93 APPENDIX 6: Operational conditions, Procedure for using rented tracks unjustly, operational chain management rules, internal rules, operating licenses PART A: GENERAL Below conditions are Betuwe Line- specific. Other subjects are in principle subject to ProRail s operational conditions as referred to in the Network Statement Combined Network. 1. Capacity planning 1.1 Route scheduling responsibilities The author (or reviser) of a train schedule is responsible for compliance with the planning and load norms laid down by Keyrail in the Network Statement, as well as any applicable deployment restrictions for rail vehicles. If a titleholder makes use of the services of the Keyrail One Stop Shop (OSS), deployment restrictions must be communicated to the OSS. The railway undertaking planning or requesting the planning of a train path for a train with specific characteristics (such as length, gauge, axle load, traction form) will test whether the offered train path is subject to specific user restrictions (such as maximum train length, gauge, the presence or absence of overhead contact lines) and will ensure (including through instructions to operational personnel) that the train making use of the path is in accordance with the stated restrictions. 1.2 Exceptional transports Application of the regulations for exceptional transport is necessary in the cases below: the running of freight trains longer than 750 meter (including traction); the running of trains that are not suitable for running a speed of at least 60 km/h on route sections designed for a speed of 80 km/h; the running of rail vehicles the vehicle gauge of which exceeds the applicable vehicle gauge of the route section; the running of trains that include vehicles carrying a load that exceeds Loading Class D4; the running of trains of which the last vehicle is unbraked; the running of trains or vehicles under an exemption granted by virtue of the Railways Act, whereby specific conditions have been agreed with the network manager 53 ; the running of trains with a cargo that makes the adjusted speed and/or adjusted handling necessary; 53 Article 36 of the Railways Act Network Statement 2015 Betuwe Line final version December 2013 Page 93 of 149

94 the running of railway vehicles which under the terms of the UIC regulations (Fiche 502-1) are qualified as exceptional transport 54. the running of trains also carrying passengers on Havenspoorlijn (for which additional restrictions apply). NB passenger traffic is not permitted on the A15 line through the freight tunnel in Barendrecht. Railway undertakings may submit an application for exceptional transport regulations to the Keyrail One Stop Shop. ProRail, on Keyrail s request, will then conduct survey. See also the Network Statement Combined Network. 2. Traffic handling 2.1. Intervention In case of disruptions, Keyrail Process Control will reallocate the available infrastructure capacity among the carriers involved. The technical design standards (see Appendix 16 of the Network Statement) and the train path catalogue make the framework. In the event of disruptions, Keyrail Process Control shall reallocate the available infrastructure capacity among the carriers involved. The technical design standards (see appendix 16 of the Network Statement) and the train path catalogue make the framework for this. Keyrail, on the request of individual railway undertakings or combinations thereof, may make specific handling agreements, provided the agreements are in positive proportion to the manager s commitment referred to in article 16b 55 of the Railways Act. In the event of a disruption for which a specific handling agreement exists in advance, Keyrail Process Control shall reallocate the available infrastructure capacity giving due consideration to this agreement. In the event of disruptions for which specific agreements are non-existent, Keyrail Process Control shall reallocate the available infrastructure capacity according to the basic agreements. The aspect of Intervention partly has ground in common with some of the Performance Schemes; see chapter Basic rules for intervention on the Betuwe Line General 54 UIC Fiche Management includes an honest, non-discriminatory allocation of infrastructure capacity [ ] for the railway undertakings. Network Statement 2015 Betuwe Line final version December 2013 Page 94 of 149

95 Several causes can lead to delay. The basic intervention rules, however, are unrelated to these causes as long as the timetable system of that moment requires no change other than a temporarily adjusted timing. If a train exceeds its delay margin, the right to the scheduled train path will expire and Keyrail Process Control will reschedule matters for this train according to the specification of the carrier involved. A rescheduled train has the same status as other trains in the actual allocation plan. basic rules The basic rules cover a substantial part of the occurring disruptions. Keyrail maintains three intervention levels. Level 1: as long as sufficient capacity exists (and/or sufficient train paths exist) Keyrail shall handle the actual timetable model delayed in accordance with the minimising of the integral delay principle, until the system eventually returns to its original planning. Level 2: in the event of insufficient capacity (this can be the case at local level but also throughout Keyrail s network) Keyrail shall discuss matters with ProRail Verkeersleiding or DB Netze or both to see whether rerouting via other networks is possible. Level 3: in the event of insufficient capacity, while suitable capacity is non-existent on the combined network (see level 2), Keyrail shall in principle apply the fair share principle according to which outgoing trains will be given priority over incoming trains. The trains of other railway undertakings will have priority over the delayed or stranded train of that particular carrier. Keyrail seeks to prevent displacement between trains in the use of the scheduled infrastructure capacity, unless displacement adds to a faster recovery of the standard timetable. Displacement involves: the handling of a delayed train affecting the adjacent (used) train paths; trains having to run in a different direction. Special circumstances If Keyrail Process Control feels compelled (or is requested by at least one party) to depart from the basic rules, it will only do so having discussed matters with all parties involved Zevenaar Zevenaar Border route section Intervention on this route section is based on the Keyrail-ProRail SLA; appendix 7 includes a summary of the basic principles stated in this agreement Monitoring Network Statement 2015 Betuwe Line final version December 2013 Page 95 of 149

96 Keyrail will include the results of the planned negotiation with the railway undertakings involved in this Network Statement Decision tree See next page Alteration procedure for the intervention agreements The necessity to introduce a specific handling strategy or a change of the basic rules stated in this section can be established by a railway undertaking or Keyrail. A railway undertaking may submit a request for change to the Keyrail One Stop Shop. Keyrail shall draw up a draft version for a new handling strategy and submit it to all the relevant parties interested. The railway undertakings will have the opportunity to respond within 10 working days to Keyrail s proposal, after which Keyrail will determine the new handling strategy. The new strategy will become effective as of the start of a new change sheet period. Until then, Keyrail will continue to apply the existing rules New railway undertakings joining in New railway undertakings will fall under the prevailing handling strategies. If a new railway undertaking is of the opinion that the handling strategy must be altered, it may submit a request for change as referred to in paragraph to Keyrail. Network Statement 2015 Betuwe Line final version December 2013 Page 96 of 149

97 Infrastoring sein, wissel, brug, bladval Gewone systeemstoring Import van vertragingen Materieelstoring, trein blijft staan 1 2 nee Berijdbaar aangepaste snelheid? ja Staat trein in de weg? nee Treindienst gaat ongehinderd verder Treindienst stopt op dit deel van de infra nee Andere rijwegen mogelijk? ja Andere rijwegen mogelijk? nee Treindienst stopt op dit deel van de infra ja ja Treindienst gaat ongehinderd verder nee Potentiële effecten op treindienst? = als andere treinen buiten hun pad (moeten) gaan rijden ja Specifiek afhandelingsscenario? ja Voldoende capaciteit? nee Specifiek afhandelingsscenario? ja ja nee nee Toepassing specifiek scenario Basisregels: vertraagd in stand houden Overleg met ProRail daarna Fair Share principe Toepassing specifiek scenario 1 Proces Control zet parallel proces in gang: functieherstel. Dit proces eindigt met een vrijgavemelding door de procesaannemer 2 Proces Control geeft indien nodig aanwijzing aan spwo tot herstel. Eventueel trein weg laten zetten om probleem te isoleren buiten de normale treind Network Statement 2015 Betuwe Line final version December 2013 Page 97 of 149

98 2.2 Departure procedure Step 1: Provision of the wagon list no later than 5 minutes before departure The railway undertaking makes sure Keyrail has the wagon list no later than 5 minutes before departure. The list is submitted through OVGS. Keyrail automatically receives a confirmation from OVGS. The wagon list must contain information as described in Handleiding aanleveren beladingsgegevens as published on Keyrail considers trains for which a wagon list is not provided within 5 minutes before departure as cancelled by the railway undertaking. Keyrail considers use of track, on the basis of the wagon list. Process Control will communicate any restricted route control to traffic control. Process Control applies the wagon list for departing and arriving traffic 56. Step 2 Ready notice by the railway undertaking (5 minutes before departure) The driver will issue the ready notice no later than 5 minutes before departure. A ready notice implies a notice that the train is indeed ready to run, that all checks have been performed and that the train is literally ready to depart. On receiving the ready notice, Keyrail will bear responsibility for delivery of the train path. The train driver issues the ready notice to traffic control. Keyrail considers any train whose driver fails to issue timely ready notice as equivalent to cancellation by the railway undertaking (Keyrail cancels the train). Step 3: Train path delivery by Keyrail (30 seconds before departure) A train path is considered delivered if Keyrail switches the signal from the stop position at least 30 seconds prior to the time of departure ultimately agreed. Step 4 Actual departure by the railway undertaking The railway undertaking is obliged to actually depart within three minutes of delivery of the train path by Keyrail. In the event that the train then fails to depart within 3 minutes, Keyrail will be entitled to retract the signal, should any exceptional circumstances arise (see below). Exceptional circumstances: Keyrail is entitled to return the signal to the stop position: in the event of danger, in case of intervention, following contact with the driver; if traffic control is certain that there is no train driver present in or around the train. In the event of the last the railway undertaking must submit a new capacity application. 2.3 Use of locally controlled areas 56 As regards incoming traffic, Keyrail shall discuss matters with other managers to add train lengths to the wagon list Network Statement 2015 Betuwe Line final version December 2013 Page 98 of 149

99 Immediately prior to carrying out shunting or train movements, the train driver should contact traffic control by means of a logged voice connection to request permission and make arrangements for the exchange of safety information. Traffic control may then issue the user instructions to the driver. The driver is obliged to observe such instructions. Prior permission from traffic control is also required to park rail vehicles on tracks in locally controlled areas. Requests can be submitted for permission to use tracks in a locally controlled area: As a request for a single route of which the starting, end and any intervening points are identified by means of signal, track or points numbers. As a request for the use of a time-space slot for various consecutive movements, in which the physical boundaries of the area in which the movements are to be carried out are identified by means of signal, track or points numbers, and the time limits in the form of desired starting and end times. As soon as a driver has completed a single route entirely within a locally controlled area, he/she should report to traffic control that the requested use has ended, stating whether the route (including track starting point, but excluding track end point) is once more vacant and unobstructed, in accordance with the request. As soon as a driver has completed a single route, which began in a locally controlled area and ended in a centrally controlled area, he/she need only report this to traffic control in the event that contrary to the terms of the request vehicles have or have not been left behind at the track starting point. On completion of the use of a time-space slot, the driver should contact traffic control to report whether the slot was used in accordance with the request, the track on which the driver and his/her traction are currently located, and on which tracks vehicles have been assembled. 2.4 Mutual communication of safety messages The way in which the communication of safety messages between traffic control and train driver takes place is subject to the regulations laid down in the traffic control and train drivers manuals and working methods and in the TSI Operations (Order 2006/920/EC, Annex Technical specifications on subsystem interoperability: operation and traffic control, Annex C Safety communications methodology). 2.5 Guarantee detection, rust clearing The corrosion of rails may affect the reliable operation of the detection system. With a view to preventing this, Keyrail designates trains for the purposes of rust clearance, applying the working method below. Keyrail indicates which tracks and routes are not used on a regular basis in the event of normal service implementation but matter to traffic handling intervention. Keyrail Operations monitors the regular running on these tracks and infrastructural elements. Network Statement 2015 Betuwe Line final version December 2013 Page 99 of 149

100 Rust-clearance trains are not designated according to plan; this is established by Keyrail during the intervention phase after deliberation with the carrier(s) concerned (sort of train, current traffic handling circumstances, etc.). Railway undertakings accept that their trains may be directed to a limited degree and that they may have to run according to instructions. The Manager seeks to avoid rust clearing with freight trains exceeding 3,000 tons and freight trains carrying dust category A (liquefied flammable gasses recognisable by the figure combination 23 in the GEVI code) wherever possible. 3. Environment In case of agreements concerning the provision of information within the context of the request or changes which therefore entail operating according to an environmental permit, the railway undertaking is expected to supply the information requested within the period applicable in each individual case. This information relates to processes and activities that are relevant to the environmental permit and which the railway undertaking carries out or intends to carry out at the railway yard in question. 4. Supply of cargo data 4.1 Supply of information on freight trains Prior to a freight train s departure, the (freight) railway undertaking is to submit a wagon list to the network manager. This obligation applies upon: Initial departure on railways managed by the network manager Passing the border between a railway managed by the network manager and another railway (= border passage). The overview is to be submitted no later than five minutes before a train s departure (or passing a management border respectively) to what in Dutch is referred to as the OVGS ( Online registration system for transportation of hazardous substances), proceeding in accordance with the Guide for the supply of cargo data. In this way, the network manager can correctly process the wagon list and send it to the governmental auxiliary services whenever a calamity presents itself with the train in question. The Guide for the supply of cargo data can be viewed on Keyrail s website Supply of information on shunting parts or (a group) of freight wagons stabled on railway yards Network Statement 2015 Betuwe Line final version December 2013 Page 100 of 149

101 In case of incidents, in order to properly inform the governmental auxiliary services and also the internal auxiliary services about the latest situation on the railways, the railway undertakings must register and provide information on the position and (only if hazardous substances are involved) cargo of each type of freight wagon to the network manager. The railway undertaking is responsible for providing the right and complete information on time. This obligation applies to all shunting activities with freight wagons on railway yards referred to in section of the Network Statement and prevails for: all shunting parts with freight wagons (incl. trains ready to depart, of which the wagon list has not yet been provided in the OVGS), all (groups of) stabled freight wagons. The location of the wagon must be stated using the track number and position of the wagon compared to other freight wagons on that track. For performing this obligation, on time means that the railway undertaking registers each movement and provides information thereupon within a timeframe of five minutes before and until five minutes after movement. In order to support this registration and information processing obligation, the network manager provides the IGS system for use by the railway undertakings. The network manager makes sure information is supplied to the governmental auxiliary services. The exact procedure is described in the document called Guide pertaining to the supply of cargo data. The latter is available on Keyrail s website 5. Miscellaneous 5.1 Procedure for operating the infrastructure elements (incl. ERTMS) All railway undertakings that have concluded an access agreement with Keyrail take measures to ensure that the operation of infrastructural elements by their staff (authorised users) takes place in a judicious manner. The method of operation is laid down in the user regulations. Railway undertakings should ensure that their operation staff are both aware of and observe these user regulations. Hence, each railway undertaking is also obliged to notify the Keyrail OSS of the particular user regulations applicable to its staff. These apply, for example, to the use of a facing point lock, but also to procedures relating to ERTMS, such as ERTMS Key Management. The user regulations apply to both the direct and indirect users, while they also comprise measures to guarantee the security and confidentiality of the specific information exchanged during the use of certain infrastructural elements. Network Statement 2015 Betuwe Line final version December 2013 Page 101 of 149

102 5.2 Local operating rules Keyrail applies specific operating rules with a view to promoting the safe and efficient handling of train traffic, while taking local circumstances into consideration. These local operating rules can be found in Appendix 23. As an additional service, on its website Keyrail provides an overview which includes the relevant operational requirements laid down in the environmental permits. If the permits/regulations and the local operating rules are inconsistent, the permits and regulations shall prevail at all times. PART B PROCEDURE FOR USING RENTED TRACKS UNJUSTLY If a company is renting a track from Keyrail, it means that this company may use the rented track exclusively, unless calamities present themselves. Other parties may not access or use the rented track. This includes use of the infrastructure without a demonstrable relation with the transport process being required. Keyrail and the railway undertaking agree on a certain rented track in a lease. If another railway undertaking, with the permission of the initial user, is using the rented track, then the initial user will report matters in writing to Keyrail by sending an message to OSS@keyrail.nl. Subletting a rented track capacity to third parties is statutorily disallowed. Titleholders holding and using the allocated capacity may not transfer this capacity to other titleholders. If the allocated rented tracks are no longer required, then the capacity must be returned to Keyrail within the frameworks of the lease agreement. If another railway undertaking is using the rented track without the permission of the initial user, then the following will prevail: The initial user informs Keyrail about this unjust use by sending an message to OSS@keyrail.nl. Keyrail OSS contacts the unlawful user (if known). The unlawful user has 24 hours to leave the track. If the unlawful user is unable to or refuses to meet the imposed term, then Keyrail will shunt the train sections present (unless the labels on the vehicles state that they carry dangerous goods): o Keyrail contacts a traction supplier with shunting capacity and has the train/train sections shunted to a location to be determined by Keyrail. o The traction supplier sends an invoice to Keyrail, in accordance with the tariffs stated in the Shunting Agreement agreed upon as part of the chain management. Keyrail will pay and forward these costs to the unlawful user and charge the latter for using the train path plus 25% of handling and administration fees. If the vehicles cannot be shunted (whatever the reason may be) then the unlawful user must pay the lawful user the following costs: one month s rent, plus compensation per day according to the table below: Exceeded Tariff per day or day part, regardless of location 1-6 days 5*day tariff for parking on location A Network Statement 2015 Betuwe Line final version December 2013 Page 102 of 149

103 7-13 days 10*day tariff for parking on location A 14- days 25*day tariff for parking on location A At you will find an updated overview of the rented tracks and those available for long-term use. PART C OPERATIONAL CHAIN MANAGEMENT RULES The chain agreements are laid down in the operational rules. The applicable operational rules are the result of proper mutual alignment between the parties involved. The operational chain management rules are part of the General Terms and Conditions of the Access Agreement for using the Betuwe Line and the Service Level Agreement between terminals and carriers. The operational chain management rules are also available on Scope: - Intermodal transportation - Participating parties: o Keyrail o All carriers holding an Access Agreement for using the Betuwe Line o RSC Waalhaven, ECT and Euromax PART D INTERNAL RULES See PART E OPERATING PERMITS By virtue of Article 57a of the Railways Act, a company wanting to use the main paths must hold an operating permit. Depending on the nature of the business activities of the railway undertaking involved, certain requirements may be ignored when granting the operating permit, as shown in the table below. Operating permit Operating permit, considered a permit as referred to in Directive 95/18/EC restricted operating permit meant exclusively for: Requirements set to Professional competence Professional competence Professional competence Yes Yes Yes Yes No No Network Statement 2015 Betuwe Line final version December 2013 Page 103 of 149

104 . local shunting,. conducting own transport,. traffic participation without transport Restricted operating permit meant exclusively for:. using the main railway exclusively for the delivery facility within a station, or. for using the out-of-service main railway with vehicles for performing activities on or near the railway No No No For information on permits you may contact: Inspectie Verkeer en Waterstaat, Toezichteenheid Rail, St. Jacobsstraat BS Utrecht PO Box BM Utrecht Telephone +31 (0) , fax +31 (0) Network Statement 2015 Betuwe Line final version December 2013 Page 104 of 149

105 APPENDIX 7: Agreements between ProRail and Keyrail concerning the Zevenaar Zevenaar border route section In Keyrail s name and as referred to in Article 16, Paragraph 1c of the Railways Act 2003, traffic across the infrastructure is managed directly and under the responsibility of ProRail on Kijfhoek, on the main railway infrastructure managed by Keyrail. Regulations Processes are carried out in accordance with ProRail s working methods and handbooks ( Operations and Treindienstleiding). Processes are performed in line with the agreements which ProRail has reached with its clients (T.A.D., obstruction measures, T.I.S., etc.) or in accordance with the agreements as referred to in the Secondment Agreement between ProRail and Keyrail dd. 11 June Communication To DB Netze (Duisburg), for the Zevenaar (Zevenaar-Zevenaar border route section) border crossing Keyrail is the operational contact for all freight trains. For all passenger trains (e.g. ICE) ProRail is the contact for DB Netze. In all cases the traffic controller on Kijfhoek works together with Fahrdienstleiter Emmerich. Border route section agreement For policy matters ProRail will be the initiator. Keyrail participates in discussions with DB Netze about the Zevenaar border crossing (Zevenaar-Emmerich route section). Order acceptance Orders for trains from Emmerich across the combined network will be forwarded by the traffic controller on Post Kijfhoek to the DVL 57 of ProRail. ProRail DVL handles this entire order until the interface with the adjacent infrastructure managers. ProRail Operations is responsible for handling matters and informing the railway undertaking on time. Orders for trains from Emmerich on the Betuwe Line are handled entirely by Operations on Kijfhoek. Orders for trains from the combined network towards Emmerich are handled entirely by the DVL of ProRail until Emmerich, after tests performed by Operations on Kijfhoek. Orders for trains from the Betuwe Line towards Emmerich are handled entirely by Operations on Kijfhoek. As a rule only the available freight BUP paths are used. 57 Decentralised traffic controller(s) Network Statement 2015 Betuwe Line final version December 2013 Page 105 of 149

106 Intervention Operations on Kijfhoek is responsible for intervention on the route section Zevenaar Zevenaar border. Trains using the combined network are guided by Operations on Kijfhoek and ProRail s nationwide traffic controllers (in Dutch: LVL). In this case Operations on Kijfhoek is responsible for communication with the railway undertaking. The A15 line traffic controller on Kijfhoek is responsible for the route section Zevenaar Zevenaar border. Handling emergencies by the A15 line traffic controller Operations on Kijfhoek is responsible for: Correct and timely handling of emergencies. Correct and timely communication with the Back Office. Correct and timely communication with the railway undertakings about any consequences for traffic control. Network Statement 2015 Betuwe Line final version December 2013 Page 106 of 149

107 APPENDIX 8: Standard overviews for train service handling Keyrail, within the Delivery of train path service, provides railway undertakings with standard information products concerning the train service handling. The table below illustrates which information products are delivered at what frequency and in which format. This form is available at the One Stop Shop van Keyrail Network Statement 2015 Betuwe Line final version December 2013 Page 107 of 149