ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 15, 2024 No. 344

About approval of the Regulations on the framework agreements about allocation of handling capacity of railway infrastructure and Regulations on access to infrastructures of services and to adjacent support services

Based on articles 18-20 and 38-48 of the Code of rail transport of the Republic of Moldova No. 19/2022 (The official monitor of the Republic of Moldova, 2022, Art. No. 45-52, 57), with subsequent changes, DECIDES: the Government

1. Approve:

1) Regulations on the framework agreements on allocation of handling capacity of railway infrastructure according to appendix No. 1;

2) Regulations on access to infrastructures of services and to adjacent support services according to appendix No. 2.

2. To impose control of execution of this resolution on the Ministry of infrastructure and regional development.

3. This resolution becomes effective in 12 months from the date of publication in the Official monitor of the Republic of Moldova.

Appendix No. 1

to the Order of the Government of the Republic of Moldova of May 15, 2024 No. 344

Regulations on the framework agreements on allocation of handling capacity of railway infrastructure

This Provision partially shifts Implementation regulations of the Commission (EU) 2016/545 of April 8, 2016 about the procedures and criteria concerning the framework agreements on allocation of handling capacity of railway infrastructure (CELEX: 32016R0545), published in the Official magazine of the European Union by L 94 of April 8, 2016.

I. General provisions

1. The regulations on the framework agreements on allocation of handling capacity of railway infrastructure (further - the Provision) establish procedures and criteria which need to be followed in case of the conclusion of the framework agreements.

2. For the purposes of this provision the following concepts are used:

the framework agreement - corresponds to the definition "the agreement on allocation of handling capacity" given in the Code of rail transport of the Republic of Moldova No. 19/2022;

the help declaration on the framework handling capacity - representation of the framework handling capacity which is marked out for ways of certain network, and also the description of amount and nature of the available handling capacity of appropriate ways. The declaration can include and graphical representation for the purpose of informing the applicants wishing to sign the framework agreements;

time frame - the period of time designated in the framework agreement during which one or several routes within the procedure of schedule development of movement shall be allocated;

the control period - the period of time lasting no more than two watch determined by the administrator of infrastructure for comparison of the marked-out framework handling capacity and free residual handling capacity for the purpose of informing the potential applicants wishing to sign the framework agreements on the approximate marked-out framework handling capacity and the available handling capacity;

regulating authority of the market - body which definition is given in the Code of rail transport of the Republic of Moldova No. 19/2022.

II. Help declaration on the framework handling capacity

3. The administrator of infrastructure develops the help declaration on the framework handling capacity with inclusion in it of the following information on each site of way, to each control period and, if necessary, each type of service:

1) data on already marked out framework handling capacity and quantity of routes;

2) data on the approximate residual available handling capacity for the conclusion of the framework agreements concerning the infrastructure which is already subject of the framework agreements;

3) data on the maximum available handling capacity for the conclusion of the framework agreements, on each site of way, depending on circumstances.

4. The help declaration on the framework handling capacity contains information representing trade secret.

5. According to part (2) article 31 of the Code of rail transport of the Republic of Moldova No. 19/2022 the administrator of infrastructure includes the help declaration on the framework handling capacity in the reference document of network or includes in the reference document of network the reference to the official website on which the specified help declaration on the framework handling capacity or, at least, general information according to each signed framework agreement is provided.

6. The administrator of infrastructure updates the help declaration on the framework handling capacity not later than in three months after the conclusion of the framework agreement or entering into it of essential changes or after its cancellation. The administrator of infrastructure provides the relevant information and bears responsibility for observance of trade secret according to the current legislation.

7. The administrator of infrastructure brings the reference documents of network into accord with requirements of this provision and after date of its publication publishes the help declaration on the framework handling capacity as of date of entering of the first change into the train schedule.

III. Allocation of the framework handling capacity

8. The administrator of infrastructure invites potential applicants to submission of requests for the conclusion of annual or long-term framework agreements. After the corresponding term the administrator timely processes the submitted applications.

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