Railways

The Section responsible for Access to Rail Infrastructure and Services ensures that all railway undertakings (RUs) and entities entitled to access obtain access on a non-discriminatory basis to the desired tracks (whenever this is possible) in the network run by all infrastructure managers (IMs) in Germany. As laid down in legal provisions, we always get involved when access to infrastructure is restricted.

Engineering work

Engineering work must be announced in time in the customer information. IMs and RUs/ entities entitled to access must carefully observe the deadlines for the relevant coordination processes to be carried out in time. If conflicts arise during the coordination process or about the routing necessary during the engineering work, the Bundesnetzagentur's Access Section should be informed as early as possible so that it can endeavour to negotiate a settlement.

Non-scheduled rail services

All paths requested outside the notification period for the working timetable are deemed non-scheduled rail services . If no suitable offers are made to an RU/ entities entitled to access, they are entitled to complain to the Bundesnetzagentur's Access Section. An IM intending to reject a path application must give prior notification of their intention of doing so to the Bundesnetzagentur's Access Section which will review the IM's proposed rejection within one working day under the procedure set out in Section 14e AEG.

Working timetable

The working timetable is established once a year. If problems arise between the RUs/ entities entitled to access and IMs following the four-week application period, which normally ends on the second Monday in April, then the Bundesnetzagentur's Access Section should be contacted. An IM intending to reject a path application must give prior notification of their intention of doing so to the Bundesnetzagentur's Access Section which will review the IM's proposed rejection within ten working days under the procedure set out in Section 14e AEG.

Framework agreements

With framework agreements RUs/entities entitled to access can secure capacities for periods longer than a working timetable period, not in terms of minutes but in terms of "bandwidths". If no suitable offers are made to an RU/entities entitled to access , they are entitled to complain to the Bundesnetzagentur's Access Section. The IM is obliged to notify the Bundesnetzagentur's Access Section in advance of the intended conclusion of a framework agreement. The Section must then examine the envisaged decision within four weeks, using the procedure stipulated in Section 14e AEG.

The network statement sets out the deadlines for applying for a periodic framework agreement. Applications for aperiodic framework agreement may be filed at any time.

In the case of long-term framework agreements, the duration of the contract must be approved by the Bundesnetzagentur (Section 14a(2) AEG). Information about the approval procedure for such framework agreements is supplied by the Bundesnetzagentur in the form of customer information.

Approval of a framework agreement with a duration exceeding five years (long-term framework agreement) under Section 14a(2) AEG to come into effect with the next framework timetable period (beginning of December 2015).

Under the arrangements in Section 14a(1) AEG and in Section 13 Railway Infrastructure Usage Ordinance (EIBV), contracts on the use of tracks may be concluded for periods exceeding a working timetable period. Earliest date for notifying DB Netz AG of such framework agreements for the next framework timetable period (which starts middle of December 2015) is September 2014.

If the regular duration of the framework agreement is to exceed a period of five years, then the longer duration of the contract must be approved by the Bundesnetzagentur in accordance with Section 14a(2) AEG (regional transport authorities are exempted from this approval requirement). DB Netz AG has decided to accept applications for framework agreements with a duration of more than five years only if they are accompanied by the requisite contract duration approval issued by the Bundesnetzagentur under Section 14a(2) AEG.

Approvals under Section 14a(2) AEG must hence have been issued by the end of August 2014 at the latest for them to be taken into consideration with the applications for framework agreements for the next framework timetable period. To guarantee an adequate review period for the approval procedure between the point in time at which an application is submitted under Section 14a(2) AEG and the start of DB Netz AG's notification period for framework agreements in September 2014, approval applications for framework agreements with a duration of more than five years must have been received by the Bundesnetzagentur no later than 31 January 2014. The Bundesnetzagentur cannot guarantee that the approval procedure will have been terminated by the end of August 2014 in cases where applications are received after the date stated above.

The exact requirements pertaining to the correct application for approval of a framework agreement with a duration of more than five years are detailed in the Bundesnetzagentur's up-to-date customer information. For the latest version please see:

Download: Kundeninformation Rahmenverträge (pdf / 162 KB)

Download: Antrag auf Genehmigung eines Rahmenvertrags (pdf / 36 KB)

Network statements

IMs must draft and publish network statements. These statements must be kept up to date. Changes must be published and RUs/entities entitled to access have four weeks in which to submit their comments. Any planned revisions or changes must be notified to the Bundesnetzagentur's Network Access Section which will review the plans within a four week period as set out in Section 14e AEG.

Closing down lines

The procedure for releasing and closing down rail infrastructure is detailed in Section 11 of the AEG. Before infrastructure may be closed down, it must be checked whether any other IM might be interested in taking it over. Responsibility for this lies with the Federal Railway Authority for federally owned, and with the railway supervisory authorities of the Bundesländer for non-federally owned railways. Lines that have not been closed down must normally be operated. When in spite of this a path request is refused, the Bundesnetzagentur's Section for Access must be given prior notice of the refusal – as in the case of any other train path rejection – which thereupon takes up its work under Section 14e AEG.

Date of modification: 2013.12.04