Implementing regulation 2015/909 - Modalities for the calculation of the cost that is directly incurred as a result of operating the train service - Main contents
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official title
Commission Implementing Regulation (EU) 2015/909 of 12 June 2015 on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service| Legal instrument | Implementing regulation |
|---|---|
| Number legal act | Implementing regulation 2015/909 |
| CELEX number i | 32015R0909 |
| Document | 12-06-2015; Date of adoption |
|---|---|
| Publication in Official Journal | 13-06-2015; OJ L 148 p. 17-22 |
| Effect | 03-07-2015; Entry into force Date pub. +20 See Art 10 01-08-2015; Application See Art 10 |
| Deadline | 03-07-2017; See Art 9 |
| End of validity | 31-12-9999 |
13.6.2015 |
EN |
Official Journal of the European Union |
L 148/17 |
COMMISSION IMPLEMENTING REGULATION (EU) 2015/909
of 12 June 2015
on the modalities for the calculation of the cost that is directly incurred as a result of operating the train service
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (1), and in particular Article 31(3) thereof,
Whereas:
(1) |
A need for accelerated renewal or maintenance resulting from a more intense use of the network may be taken into account for the purposes of calculation of direct costs, provided it is ensured that only costs directly incurred as a result of operating the train service are included. |
(2) |
Infrastructure managers are under the obligation to operate networks whilst they face restrictions hampering efficient management and cost control. Consequently, Member States should have the opportunity to set direct costs at the level of costs of efficient service provision. |
(3) |
Setting the track access charge at the costs directly incurred by the train service should not set out to cause that the infrastructure manager to experience either a net financial loss or a net financial gain as a result of operation of the train service. |
(4) |
Historical asset values should be based on the amounts paid for acquisition of assets by the infrastructure manager provided that the infrastructure manager remains liable for such amounts. |
(5) |
The infrastructure manager should not be allowed to recover the cost of investment in an asset where it is not obliged to repay that cost. |
(6) |
Since the modalities for the calculation of the cost that is directly incurred as a result of operating the train service should be applicable throughout the Union, they should be compatible with the existing infrastructure cost accounting systems and cost data applied by the infrastructure managers. |
(7) |
The use of forecast costs and performance levels should not give rise, under usual business circumstances, to higher levels of direct costs, track access charges and eventually an ineffective use of the network. Therefore historic asset values should be applied and only if such values are not available, or where current values are lower, could current values be considered. Alternatively, estimated values or replacement values, forecast costs and forecast performance levels could be used provided the infrastructure manager substantiates to the regulatory body how it established them and that it established them objectively. |
(8) |
The infrastructure manager should be allowed to include in the calculation of its direct costs only costs that it can objectively and robustly demonstrate that they are triggered directly by the operation of the train service. For example, wear and tear of track-side signals and signal boxes does not vary with traffic and therefore should not be subject to a direct cost-based charge (2). Conversely, parts, such as point infrastructure, will be exposed to wear and tear by operating the train service and thus should partially be subject to a direct cost charge. As sensors become more widely deployed on trains and infrastructure, these could provide additional information on the actual wear and tear caused by the train service. |
(9) |
The Court of Justice delivered a judgment on the calculation of direct costs incurred by operating the train service (3). This Regulation takes that judgement into account. |
(10) |
Electric supply equipment such as cables or transformers are generally not subject to wear and tear by the... |
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