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Gen­er­al guide­lines for route op­er­a­tors

The figure below gives a brief overview of the individual formal steps that generally must be taken in a charge approval procedure.

Step 1
Non-binding preliminary review

Please note that all route operators that are subject to a simplified or partially exempt charge approval procedure can send their proposed charges and charging principles to Section 705 for a non-binding preliminary review before the formal review procedure.

The objective of a preliminary review is the adjustment of the intended change in charges (and if necessary of the charging principles) to eliminate potential inconsistencies before the charges are submitted to the ruling chamber for the formal review procedure. If you want to take full advantage of this opportunity, please send your request form and supplementary documents (including the completed data form) for a preliminary review to 705-Postfach@BNetzA.de.

Step 2
Charge approval request

The request must be submitted to the Bundesnetzagentur by electronic or postal mail:

E-Mail:bk-eisenbahn@bnetza.de
Postal address:Bundesnetzagentur
Ruling Chamber 10
Tulpenfeld 4
53113 Bonn

Charge approval requests must be made no later than six months before the deadline for a train path order for the working timetable as per section 46(1) of the German Rail Regulation Act (Eisenbahnregulierungsgesetz – ERegG). As set out in section 51(1) sentence 2 ERegG that deadline is the second Monday in April at 12am.

In this context, please note that you must indicate the train path order deadline in accordance with Annex 3 para 3 sentence 3 to the ERegG in your network statement.

If the network statement (including charges) is amended or revised, a draft for comment (one-month period) in synoptic form (amendment mode) with the relevant justifications must be published on the website at least seven months before expiry of the train path order deadline in accordance with section 19(2) of the ERegG.

Step 3
Attach the following documents

The following docuemnts are to be submitted with the charge approval request:

  • The proposed charges and charging principles*.
  • Any comments from access beneficiaries about the proposed charges and charging principles that you received during the consultation procedure.
  • A statement that the proposed charges comply with the requirements of the ERegG, for example by completing the Bundesnetzagentur's standardised data form, which is made available to undertakings in advance of the partially exempt and simplified charge approval procedure (the form also contains a calculation with a forecast of the annual costs, volume of services and annual turnover); plus,
  • immediately after submitting the charge approval request, submit a copy of the supporting documents that were stated in your request letter to contain trade and business secrets but this time with the confidential parts redacted (blacked out) to enable the parties concerned to inspect the documents. Provide an explanation for each item that is redacted. If no such statement is made or if a redacted copy is not immediately submitted, the Bundesnetzagentur generally assumes that a document does not contain trade and business secrets.
Note:
*Approval of charging principles is only required under the regular and partially exempt charge approval procedures. With regard to charging principles under the simplified charge approval procedure, section 72 sentence 1 para 5 and section 73(2) para 4 ERegG require a notification procedure whenever the charging principles are changed or revised.

Step 4
Optional request for a public hearing

On application from a party or ex officio, Ruling Chamber 7 can conduct a public hearing pursuant to section 77(6) sentence 3 ERegG. A public hearing is not a standard element of a charge approval procedure.

Step 4
Examination by the Bundesnetzagentur for compliance with charging standards

The Bundesnetzagentur examines whether the charges and charging principles submitted comply with rail regulation requirements, in particular whether the charging standard in force at the time was complied with.

See the individual sections on the simplified, partially exempt and regular charge approval procedures to learn more about the prerequisites for each type of charge approval procedure.

Step 6
Attach redacted versions of documents

For the purposes of closer examination it may be necessary to exchange other documents and comments in the course of the procedure. Any additional document in the procedure that contains trade and business secrets must therefore also be submitted as a redacted version. Step 2 applies accordingly.

Step 7
If applicable, notification pursuant to section 72 sentence 1 para 5 ERegG

Whenever an operator in a simplified approval procedure intends to make a change to the charging principles in a published network statement effective for the period for which charge approval is being requested, a notification procedure as set out in section 72 sentence 1 para 5 and section 73(1) para 4 ERegG is to be conducted in addition to the approval procedure. The required notification should be submitted at the same time as the charge approval request.

A separate notification is also required if in the framework of a simplified approval procedure a route operator exercises its right of choice set out in section 10a(4) para 2 ERegG when determining charges for the use of passenger platforms. In addition to the approval procedure for track access charges under section 33 ERegG, section 72 sentence 1 para 5 and section 73(1) para 4 ERegG require notification of charges for the use of passenger platforms. The notification can be combined with the notification of the usage charges of a passenger station service facility if such a service facility exists.

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