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CODE OF THE RAIL TRANSPORT OF THE REPUBLIC OF MOLDOVA

of February 3, 2022 No. 19

The parliament accepts this code.

This code partially shifts in the national legal system:

- The directive 2012/34/EU of November 21, 2012 the European Parliament and Council about creation of single European railway space (new edition) (the text concerns the EEA) published in the Official magazine of the European Union by L 343 of December 14, 2012 with the last amendments made by the Delegated decision (EU) 2017/2075 Commissions of September 4, 2017;

- The directive 2016/798/EU of May 11, 2016 the European Parliament and Council about safety on rail transport (new edition) (the text concerns the EEA) published in the Official magazine of the European Union by L 138 of May 26, 2016;

- The directive 2007/59/EU of October 23, 2007 the European Parliament and Council about certification of the drivers performing driving of locomotives and trains in railway system of Community published in the Official magazine of the European Union by L 315 of December 3, 2007 with the last amendments made by the Directive (EU) 2016/882 Commissions of June 1, 2016.

Chapter I General provisions

Article 1. Subject and field of application

(This code establishes 1):

a) the legal basis for conditions of railway infrastructure management and the organization of activities for rail haulings;

b) conditions of registration and certification of the railway companies;

c) requirements to workers in the field of rail transport;

d) legal relations between the subjects participating in public conveyances, baggage and loads by rail.

(2) Provisions of this Code extend:

a) on use of railway infrastructure for rendering services in rail haulings;

b) on services in rail haulings;

c) national railway system;

d) on railway rolling stock;

e) on the services connected with railway transport.

Article 2. Concepts

For the purpose of of this Code the following concepts are determined:

The administrator of infrastructure - the managing director of railway infrastructure public, administers the company which manages railway infrastructure public in the way of provision of services on access to it and services this infrastructure, including management of railway service by means of control and management system and alarm installation and which provides its development according to policy of development and financing of the railway infrastructure approved by the Government;

safety authorization - the document confirming implementation of safety management system and accomplishment by the Administrator of infrastructure of the special requirements necessary for safe servicing and operation of railway infrastructure;

permission to rail haulings - the document confirming technical and economic capability of the railway company to perform activities for transportations by railway transport;

handling capacity of infrastructure - possibility of planning of the requested routes for the site of railway infrastructure for certain period;

the main requirements - all requirements approved by this code, regulations of the Government and central industry body in the field of rail transport which shall correspond railway system, its subsystems and components of interoperability, including interfaces;

the safety certificate - the document, confirmatory that the railway company implemented safety management system, and also fulfilled the requirements established by technical specifications of interoperability, regulations of safety and other relevant provisions for the purpose of risk control and safe accomplishment of transactions on rail haulings;

the agreement on allocation of handling capacity - the agreement establishing the rights and obligations of the applicant and the Administrator of infrastructure concerning handling capacity of the infrastructure which is subject to allocation and concerning the tariffing applied during the period exceeding one effective period of the traffic schedule;

development of infrastructure - action, action and works which are carried out for construction, reconstruction or upgrade of railway infrastructure or the systems entering it and the equipment;

the reference document of network - the document in which general rules, deadlines, procedures and criteria for schemes of tariffing and allocation of handling capacity, the data and the technical requirements necessary for possibility of request of handling capacity of infrastructure are in detail stated;

interoperability components - elementary components, groups of components, assembly node or complete assembly of the equipment which is switched on or intended for inclusion in subsystem, including computer programs on which interoperability of railway system directly or indirectly depends;

the main management functions by infrastructure - decision making about allocation of routes (handling capacity of infrastructure), including determination and assessment of their availability, allocation of individual routes, decision making on tariffings of railway infrastructure and determination of rates according to the tariff scheme and allocation of handling capacity;

the traffic schedule - the data determining everything the planned movements of trains and railway rolling stock within railway infrastructure during action of this schedule;

railway infrastructure - the infrastructure of the railroad and lands occupied by her consisting of complex of technological elements including railway tracks and other constructions, railway stations, electric utility service devices, communication networks, alarm installations, centralization and interlock, information, communication systems and control systems of railway service, the building (except office buildings) and the equipment provided by this code;

the overloaded infrastructure - the site or element of railway infrastructure, requests for which handling capacity cannot be completely satisfied during certain periods even after coordinating of different requests for armoring of this handling capacity;

infrastructure of services - installations, including lands, buildings and the equipment which were specially organized, fully or partially, for possibility of rendering one or several services by the Administrator of infrastructure or the operator of infrastructure of services;

the railway company - operator of rail transport which can be any company registered according to this code and Law on state registration of legal entities and individual entrepreneurs No. 220/2007, the main activities of which consists in rendering services in carriages of goods and/or passengers by rail, with obligatory ensuring with the company draft, including the company which main activities consist only in ensuring draft;

servicing of infrastructure - the repair work and other events held within railway infrastructure, directed to maintenance of its condition in accordance with the terms and the parameters set by normative operational requirements and safety of railway infrastructure;

railroad side track - the railway track connected with general network of the railroads continuous rail gage and intended for servicing of certain consignors and consignees;

the safety methods (SM) - methods which shall be developed for the description of method of assessment of levels of safety, goal achievement of safety and compliance to other requirements for safety of railway system;

the obligation on rendering public service - the obligation imposed by the contract for the railway company in common economic interests for the purpose of providing the population with services in public conveyance by railway transport for reasonable price which for lack of compensations are unprofitable and are not of commercial interest;

the safety purpose (SP) - the minimum levels of safety which shall be reached by railway system in general or its separate parts;

conformity assessment body - as it is determined by the Law on activities for accreditation and assessment of conformity No. 235/2011;

notified conformity assessment body - as it is determined by the Law on activities for accreditation and assessment of conformity No. 235/2011;

acknowledged conformity assessment body - accreditation body or national authority on accreditation as it is determined by the Law on activities for accreditation and assessment of conformity No. 235/2011;

the operator of infrastructure of services - any public or private subject responsible for management of one or several infrastructures of services or for rendering one or several services to the railway companies;

the passenger - physical person addressed to which the ticket or any other travel document granting to it the right to get on the train is processed and to be the transported railway company in the specified destination;

the principles of business activity - the fundamental elements applied in business relations;

reasonable profit - the equity profitability rate considering risks including risk for the income, or lack of risks which are suffered by the Administrator of infrastructure, the railway companies and the operator of infrastructure of services which size is established by the Government;

The National Registry of Rail Vehicles (NRRV) - the register managed by Board of the railroad which contains information on the rail vehicles having the right to movement on national railway net on the physical persons and legal entities having the property right or ownerships of rail vehicles, serial numbers of rail vehicles, technical documentation and the subjects responsible for servicing of these vehicles;

railway system - the network consisting of several types of railway tracks including management systems railway service, tracking systems, navigation and telecommunication system, and also rail vehicles;

the safety management system (SMS) - the organization and procedure established by the Administrator of infrastructure or the railway company for ensuring safe management of the transactions;

the technical specifications of interoperability (TSI) - the specifications covering each subsystem or part of subsystem for accomplishment of the main requirements and ensuring interoperability of conventional railway systems as it is determined in this code;

the applicant - the railway company, group of the railway companies, body participating in agreement performance about rendering public services in public conveyances by railway transport or any company rendering services in combined transports of loads, wishing to receive handling capacity of infrastructure for activities for rail haulings;

the international message - transportations between the Republic of Moldova and other countries during which input and/or conclusion from the train of cars which can have the different points of departure and assignments is performed provided that all cars cross border;

route - the handling capacity of infrastructure necessary for providing train movements between two Items of network during the certain period of time;

the rail vehicle - railway rolling stock (the locomotive, the car, the motor car) or the track equipment for repair of railway tracks or the mobile machine suitable for movement on railway tracks, with draft or without draft, consisting of one or several structural and functional subsystems or parts of such subsystems;

right of way - the zone including the lands, necessary for implementation of rail haulings, occupied by embankments, engineering constructions (bridges, tunnels, transitions), linearly - roadway and other buildings, devices of railway communication, electric utility service installations, railway stations and trackage layouts. The right of way also includes the safety area and the conservation zone of railway infrastructure which are established by the central industry body in the field of rail transport when coordinating with the Agency of the environment;

the safety area - the zone including the earth strips located on both sides from center line of rail line necessary for placement of attention devices and traffic security, other devices of operational management by train movements and also for installations and works on environmental protection;

the conservation zone - the parcels of land necessary for ensuring safety, durability and stability of constructions, installations and other objects of rail transport, and also the earth with the mobile soil, adjacent to lands of rail transport, and the parcels of land occupied with protective afforestations.

Chapter II Organization of the sector of rail transport

Article 3. Mission, key functions and the main powers of the central industry body in the field of rail transport

(1) the Mission of the central industry body in the field of rail transport (further - the Ministry) consists in development and promotion of state policy in the field of rail transport.

(2) Key functions of the Ministry are development, ensuring implementation, monitoring, assessment and the reporting on realization of state policy of sustainable development of rail transport in safety conditions of railway service and improvement of the quality of the rendered services in rail haulings.

(3) For the purpose of accomplishment of the mission and the key Ministry functions performs the following main powers:

a) develops program documents on development of rail transport and drafts of regulations in the field of rail transport and submits them for approval to the Government;

b) advances offers on allocation of necessary financial resources on servicing and development of railway infrastructure according to the National development program of railway infrastructure, compensations on the public services in public conveyances by railway transport provided on contracts on rendering public services, and compensations for covering of the expenses incurred by the railway companies owing to provision of privileges for public services in public conveyances by railway transport. Allocation of compensations is performed on the basis of the methodology approved by the Government;

c) develops, advances policy of restructuring of the sector of rail transport and performs its monitoring;

d) develops Methodology of forming of rates for use of railway infrastructure and submits it for approval to the Government;

e) develops the long-term agreement about railway infrastructure management and the National development program of railway infrastructure and submits them for approval to the Government;

f) transfers the financial funds received from the government budget on servicing and development of railway infrastructure, on the public services in public conveyances by railway transport provided on agreements on rendering public services and on compensation for expenses, the privileges for public services in public conveyances by railway transport suffered by the railway companies as a result of provision;

g) approves rates according to the methodologies approved by the Government;

h) takes necessary measures for consumer protection in the field of rail transport;

i) pushes on approval to the Government projects on accession to international treaties in the field of rail transport;

j) submits for approval to the Government regulations on the organization and functioning, structure and extreme number of personnel of the administrative authority responsible for realization of policy in the field of rail transport (further - Board of the railroad);

k) approves provisions and instructions according to this code;

l) represents the state in the relations with the international organizations in the field of rail transport and with similar bodies of other states for the questions connected with development and promotion of policy in the respective area;

m) signs agreements on rendering public services with the companies which are selected for accomplishment of obligations on rendering public service in public conveyance by railway transport and also long-term agreements about railway infrastructure management with the Administrator of infrastructure.

Article 4. Mission, key functions and main powers of Board of the railroad

(1) the Purpose of Board of the railroad consists in implementation and in realization of policy in the field of rail transport and safety on rail transport. The board of the railroad operates as body for safety control on rail transport, has powers on control, issues permissions to rail haulings, safety authorizations, safety certificates and the rights to driving of the driver of the locomotive.

(2) the Board of the railroad cooperates with regulating authority of the market of services in rail haulings (further - Regulating authority of the market) with the purpose of providing competitive environment and prevention of discrimination in the market of services in rail haulings according to provisions of this Code.

(3) the Mission of Board of the railroad consists in implementation of policy in the field of rail transport and supervision of observance of the regulatory base by physical persons and legal entities in the field for safety control of rail haulings.

(4) the Main functions of Board of the railroad are:

a) realization of state policy in the field of rail transport;

b) ensuring accomplishment of obligations and realization of the rights of the Republic of Moldova following from provisions of international treaties in the field of rail transport;

c) ensuring application of the regulatory base by means of activities for certification, constant surveillance and control in the field of rail transport;

d) ensuring optimum level of safety on rail transport.

(5) For the purpose of accomplishment of the mission and the key Board of the Railroad functions performs the following main powers:

a) approves commissioning of the structural subsystems constituting railway system and checks compliance of their operation and servicing to the main requirements;

b) issues, renews, stops and withdraws authorizations of safety and safety certificates, checks observance of the conditions established in them by the Administrator of infrastructure and the railway companies;

c) allows to movement new or significantly the modified railway vehicles not covered by technical specifications of interoperability;

d) exercises supervision of compliance of components of interoperability to the main requirements approved by regulations of the Government and Ministry;

e) performs monitoring, advances, enacts and develops the regulatory base in the field of safety on rail transport;

f) registers rail vehicles in the National registry of rail vehicles, providing reliability and permanent updating of information on their safety;

g) issues permissions to rail haulings, the safety authorizations, safety certificates and the rights to driving of the driver of the locomotive having the proper level of protection for prevention of counterfeit;

h) develops and approves managements, technical benefits and security guidelines, operation and the alarm system on rail transport, and also elements of railway infrastructure;

i) develops offers on technical regulations, instructions, technical specifications of interoperability in the field of rail transport according to provisions of this Code and regulations established by the Government;

j) has other powers established by the Ministry.

(6) Within certification of drivers of the locomotive the Board of the railroad performs the following powers:

a) issues and withdraws the rights to driving of the driver of the locomotive;

b) provides periodic holding examinations of drivers of the locomotive;

c) submits motivated inquiries about suspension of action of certificates of the driver of the locomotive;

d) recognizes persons and the organizations for training and testing of drivers of the locomotive;

e) publishes and updates lists of persons and the organizations for training and testing of drivers of the locomotive;

f) stores and constantly updates lists of the issued rights to driving of the driver of the locomotive;

g) performs monitoring of certification process of drivers of the locomotive.

(7) the Board of the railroad provides creation and maintaining registers according to provisions of the Law on registers No. 71/2007 and based on the provision approved by the Government.

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