Information and guidelines

Information for granting exceptions under Article 2 (2) of Commission Implementing Regulation (EU) 2017/2177

On 1 January 2019, Article 2 of Commission Implementing Regulation (EU) 2017/2177 on access to service facilities and rail-related services (hereinafter referred to as "Regulation") entered into force. According to this Article, regulatory bodies shall decide on the requests of service facility operators to grant exemption from the requirements of this Regulation. Applications are submitted to the regulatory body. In the Czech Republic, this regulatory body is the Transport Infrastructure Access Authority. The details for the procedure are modified by this information, published in pdf format in Czech.

Pursuant to Article 2 (5) of the Implementing Regulation, regulatory bodies shall develop and publish common principles for the application of the criteria set out in Article 2 (2) of the Regulation. These principles were developed by the ”Independent Regulators' Group – Rail” under the number IRG-Rail (18) 7 in a document published here in pdf format under the title ”Common Principles on the granting of exemptions under Article 2 (2) of Commission Implementing Regulation (EU) 2017/2177”.

 

Methodology for assessing of the principal purpose of international passenger transport and the economic equilibrium of the public service contract

Pursuant to Section 34d of the Act on Rail Systems, in accordance with Commission Implementing Regulation (EU) No 869/2014 on new rail passenger services, the Transport Infrastructure Access Authority (hereinafter referred to as the „TIAA“) decides the principal purpose of passenger rail transport. TIAA also decides whether economic equilibrium of passenger rail services operated under a public service contract is compromised. A person intending to submit an application for the allocation railway capacity for the purposes of operating passenger rail transport without a contract on public services in passenger transport shall notify this fact to TIAA two months before submission of application. A person who is not established in the territory of the Czech Republic and intends to submit an application of the allocation of railway capacity for the purpose of operating cross-border passenger transport service shall notify this fact to TIAA two months before submission of application. This methodology sets out the details for notification of passenger transport services and submitting applications, and for carrying out the tests of principal purpose and economic equilibrium.

Complete methodology in pdf format – Czech version.

Notification of the proposed new rail passenger service – CZ / EN version

Application of the test of the predominant purpose – Czech version

Application of the economic equilibrium test – Czech version

 

Pursuant to Act No. 500/2004 Coll., Code of Administrative Procedure, communication within the procedure under this Code shall be carried out and documents executed in the Czech and/or Slovak language. For further information read the section Language of proceedings.