Common use of Notification periods and procedures Clause in Contracts

Notification periods and procedures. Banedanmark’s planning, coordination, and publication of capacity restrictions to be applied in connection with projects and other infrastructure works is performed in compliance with the provisions in the Commission Delegated Decision (EU) 2017/20175 of 4 September 2017 replacing the Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a common European railway area . Moreover, the work on capacity restrictions complies with the principles of a robust planning process and an attractive timetable, which takes into account the need for robustness and shortest possible travelling times. Banedanmark notifies capacity restrictions to the Railway Undertaking in the Network Statement and the LA letter. Current notifications appear from the LA letter issued on a weekly basis. An overview of the notification period appears from appendix 7. Furthermore, Banedanmark on an ongoing basis invites the Railway Undertaking to participate in project and capacity meetings with regard to a cooperation between the parties. The dates for the meetings are planned in accordance with the concrete periods of the individual projects and programmes. Railway Undertaking is currently informed og the meeting dates which are also published on Banedanmark’s website. Banedanmark settles the capacity based on the possible number of paths within the framework of a given capacity restriction. Thereupon, a timetable is agreed by the parties, taking into account the rules of priority and allocation. Banedanmark is not obliged to announce capacity restrictions to remedy defects. Defects in this context are defined as situations where incidents originated from technical breakdown, accidents, or vandalism as well as weather or natural conditions cause (or may cause) operational disruptions and/or accidents and antecedents to accidents. Any notifications or changes to submitted notifications, if any, issued after receipt of a LA letter and settlement of the traffic consequences, must be planned in dialogue between the parties. Banedanmark will either at directors’ board meetings with the Railway Undertaking, or otherwise, inform about the status of the portfolio of the capacity restrictions given notice of in the Network Statement. It is the responsibility of Banedanmark to give notice of capacity restrictions prompted by a third party (such as municipalities and the Road Directorate). When a track possession is announced to the Railway Undertaking, the Railway Undertaking does not have access to the tracks included in the scheduled work for the duration of the work, even though the paths have been allocated to the Railway Undertaking in connection with the path allocation for the timetable period concerned. Banedanmark will generally be accommodating towards potential requests from the Railway Undertaking that leads to implementation of capacity restrictions within the current timetable. The planning will be made in close co-operation between the Railway Undertaking and Banedanmark, taking into account the impact on traffic operations. Banedanmark is obliged to notify such capacity restrictions requested by the Railway Undertaking to other Railway Undertakings affected by such capacity restrictions. The notification is made according to notification time agreed with these Railway Undertakings. A separate agreement is made for each individual infrastructure work. The parties can make a mutual agreement on a process for the current correction, which does not form part of the process, regulated in the Access Contract.

Notification periods and procedures. Banedanmark’s planning, coordination, and publication of capacity restrictions to be applied in connection with projects and other infrastructure works is performed in compliance with the provisions in the Commission Delegated Decision (EU) 2017/20175 of 4 September 2017 replacing the Annex VII Xxxxx XXX to Directive 2012/34/EU of the European Parliament and of the Council establishing a common European railway area as well as Executive order no. 1245 of 10/11/2015 on allocation of railway infrastructure capacity (paths) etc. with later changes. Moreover, the work on capacity restrictions complies with the principles of a robust planning process and an attractive timetable, which takes into account the need for robustness and shortest possible travelling times. Banedanmark notifies capacity restrictions to the Railway Undertaking in the Network Statement and the LA letter. Current Reference is made to the Network Statement, section 4.3.2., for a survey of applicable notifications for announcement of capacity restrictions during the timetable year covered by the Network Statement and the subsequent timetable year. Final notifications of capacity restrictions will currently appear from the LA letter issued on a weekly basis. An overview of the The notification period appears periods appear from appendix 7. Furthermore, Banedanmark invites on an ongoing basis invites the Railway Undertaking to participate in project and capacity meetings with regard to a cooperation between the parties. The dates for the meetings are planned in accordance with the concrete periods Capacity restrictions and timetables will form part of the individual projects purpose of these meetings. The meetings i.a. comprises directors’ meetings, cooperation meetings, operational meetings, timetable study meetings, dialogue meetings and programmes. Railway Undertaking is currently informed og the meeting dates which are also published on Banedanmark’s websitefreight panel meetings. Banedanmark settles the capacity based on the possible number of paths within the framework of a given capacity restriction. Thereupon, a timetable is agreed by the parties, taking into account the rules of consultation, priority and allocation. Banedanmark is not obliged In case of disturbances of operations due to announce capacity restrictions to remedy defects. Defects in this context are defined as situations where incidents originated from technical breakdown, faults or accidents, or vandalism as well as weather or natural conditions cause etc. Banedanmark take all measures necessary in order to normalise the situation. In emergency situations and in connection with breakdowns making it impossible to apply the infrastructure Banedanmark can close allocated paths during the period during which the damage is repaired. In this regard reference is made to Executive order on allocation of railway infrastructure capacity (or may cause) operational disruptions and/or accidents paths), §§ 24 and antecedents to accidents25. Any notifications or changes to submitted notifications, if any, issued after receipt of a LA letter and settlement of the traffic consequences, must be planned in dialogue between the parties. Banedanmark will either at directors’ board meetings with the Railway Undertaking, or otherwise, inform about the status of the portfolio of the capacity restrictions given notice of in the Network Statement. It is the responsibility of Banedanmark to give notice of capacity restrictions prompted by a third party (such as municipalities and the Road Directorate). When a track possession is announced in due time to the Railway UndertakingUndertaking according to valid notification rules, the Railway Undertaking does not have access to the tracks included in the scheduled work for the duration of the work, even though the paths have been allocated to the Railway Undertaking in connection with the path allocation for the timetable period concerned. Banedanmark will generally be accommodating towards potential requests from the Railway Undertaking that leads to implementation of capacity restrictions within the current timetable. The planning will be made in close co-operation between the Railway Undertaking and Banedanmark, taking into account the impact on traffic operations. Banedanmark is obliged to notify such capacity restrictions requested by the Railway Undertaking to other Railway Undertakings affected by such capacity restrictions. The notification is made according to notification time agreed with these Railway Undertakings. A separate agreement is made for each individual infrastructure work. The parties can make a mutual agreement on a process for the current correction, which does not form part of the process, regulated in the Access Contract.. It is the responsibility of Banedanmark to give notice of capacity restrictions prompted by a third party (such as municipalities and the Road Directorate).‌

Notification periods and procedures. Banedanmark’s planning, coordination, and publication of capacity restrictions to be applied in connection with projects and other infrastructure works is performed in compliance with the provisions in the Commission Delegated Decision (EU) 2017/20175 of 4 September 2017 replacing the Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a common European railway area . Moreover, the work on capacity restrictions complies with the principles of a robust planning process and an attractive timetable, which takes into account the need for robustness and shortest possible travelling times. Banedanmark notifies capacity restrictions to the Railway Undertaking in the Network Statement and the LA letter. Current notifications appear from the LA letter issued on a weekly basis. An overview of the notification period appears from appendix 7. Furthermore, Banedanmark on an ongoing basis invites the Railway Undertaking to participate in project and capacity meetings with regard to a cooperation between the parties. The dates for the meetings are planned in accordance with the concrete periods of the individual projects and programmes. Railway Undertaking is currently informed og the meeting dates which are also published on Banedanmark’s website. Banedanmark settles the capacity based on the possible number of paths within the framework of a given capacity restriction. Thereupon, a timetable is agreed by the parties, taking into account the rules of priority and allocation. Banedanmark is not obliged to announce capacity restrictions to remedy defects. Defects in this context are defined as situations where incidents originated from technical breakdown, accidents, or vandalism as well as weather or natural conditions cause (or may cause) operational disruptions and/or accidents and antecedents to accidents. Any notifications or changes to submitted notifications, if any, issued after receipt of a LA letter and settlement of the traffic consequences, must be planned in dialogue between the parties. Banedanmark will either at directors’ board meetings with the Railway Undertaking, or otherwise, inform about the status of the portfolio of the capacity restrictions given notice of in the Network Statement. It is the responsibility of Banedanmark to give notice of capacity restrictions prompted by a third party (such as municipalities and the Road Directorate). When a track possession is announced to the Railway Undertaking, the Railway Undertaking does not have access to the tracks included in the scheduled work for the duration of the work, even though the paths have been allocated to the Railway Undertaking in connection with the path allocation for the timetable period concerned. Banedanmark will generally be accommodating towards potential requests from the Railway Undertaking that leads to implementation of capacity restrictions within the current timetable. The planning will be made in close co-operation between the Railway Undertaking and Banedanmark, taking into account the impact on traffic operations. Banedanmark is obliged to notify such capacity restrictions requested by the Railway Undertaking to other Railway Undertakings affected by such capacity restrictions. The notification is made according to notification time agreed with these Railway Undertakings. A separate agreement is made for each individual infrastructure work. The parties can make a mutual agreement on a process for the current correction, which does not form part of the process, regulated in the Access Contract.