Decree No. 241 / 2005 Coll.
Decree on demonstrable loss in public rail passenger transport and on the definition of parallel public passenger transport
Valid
Order
Effective from 01.07.2005
Text versions:
01.07.2005
20.06.2005
241
DECLARATION
of 1 June 2005
on a demonstrable loss in public rail passenger transport and on the definition of parallel public passenger transport
The Ministry of Transport provides pursuant to § 39a paragraph 3 and § 39b paragraph 2 of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 23 / 2000 Coll., Act No. 320 / 2002 Coll., Act No. 103 / 2004 Coll. and Act No. 1 / 2005 Coll.:
This decree (1) regulates, following the directly applicable regulation of the European Communities (2), the method of calculating the demonstrable loss, the elements of the public service contract and the definition of parallel public passenger transport.
Basic concepts
For the purposes of this decree:
(a) regional transport trains such as those by which the carrier ensures the basic transport service of the region's public service obligations;
(b) national transport trains such as those by which the carrier provides transport needs for the State in the public interest of public service obligations;
(c) the traffic performance ordered, the extent of connections between regional or national trains, which ensures the basic transport service of the territory or the transport needs of the State;
(d) the total of the costs of traction energy and fuel, direct material, non-traction energy and fuel, repairs from external suppliers and other services,
(e) personnel costs the sum of wage and public health insurance and social security and state employment policy costs;
(f) operating overhead control including cost items related to the management and function of the carrier's technical background;
(g) the administrative direction of the director including the common costs of the carrier associated with management and administration.
Method of calculating demonstrable losses
(1) The amount of the demonstrable loss is determined as the difference between the amount of economic eligible costs plus a reasonable profit and the total revenue from the operation of public rail passenger services by regional and national trains.
(2) A detailed breakdown of economically justified costs and revenues is given in the statement of costs and revenues of the transport activity in public rail passenger transport (hereinafter referred to as the "statement"), a model of which is set out in Annex 1 to this Decree.
(3) The carrier shall ensure that economic eligible costs are allocated to railway sections separately for regional and national transport trains. Subsequently, the associated costs are divided into regional districts.
(4) Total revenues include revenue from fare, revenue from luggage transport, revenue for other passenger services, allowances and fines for non-compliance with the timetable (3) and reimbursement of loss from the student fare.
(5) The total revenues from public rail passenger transport are calculated from the data provided in all types of revenue transport documents kept in the carrier's accounts.
(6) The revenues from the fare will be assigned by the carrier to the railway sections separately for regional transport trains and for national transport trains and then to the territorial districts of the regions.
(7) The method of calculating and paying the loss on the student fare is set out in Annex 2 to this Decree.
(8) The reasonable profit shall not exceed 5% of the economic eligible costs.
Demonstration of the transport performance ordered and presentation of a statement of costs and revenues from the transport activity in public rail passenger transport operations under public service obligations
(1) The carrier shall demonstrate compliance with the traffic performance ordered by indicating the train kilometres travelled under the public service contract. The carrier uses track markings, train numbers and connections according to the published timetable.
(2) The carrier shall provide an overview of the unimplemented connections, indicating the train kilometres. A link which has not been made in whole or in part without the fault of the carrier shall not be considered to have been made. The relevant number of train kilometres corresponding to connections not carried out without fault of the carrier shall be counted against the total number of train kilometres travelled for the purpose of the payment of the demonstrable loss.
(3) The calculation of the demonstrable loss by the carrier is supported by a statement.
Forms of the public service contract
The public service contract shall contain the following elements:
(a) the designation of the Contracting Parties;
(b) identification of runways, sections of runways, trains and connections;
(c) temporal and substantive delimitation of trains and connections;
(d) the expected amount of the demonstrable loss of public service obligations;
(e) an undertaking by the client to pay the carrier a demonstrable loss in accordance with the provisions of this Order,
(f) the method of payment of the demonstrable losses by the client;
(g) the carrier's obligation to comply with the public service obligations contracted;
(h) the carrier's obligation to submit to the client the information and statement referred to in Article 4;
(i) the duration of the contractual relationship;
(j) grounds of notice and time limits;
(k) the date of conclusion of the contract with the signatures of the representatives of the Contracting Parties;
(l) the identification and fulfilment of quality indicators for the services provided;
(m) the performance of transport services under transport conditions for certain categories of passengers.
State supervision of the financing of transport services in public service obligations
The person responsible for the exercise of State control over the financing of transport services and the discharge of public service obligations (hereinafter referred to as "supervision ') shall, within the framework of his authorisation, check:
(a) records of cost inputs;
(b) records of passenger transport revenues;
(c) records of operational indicators;
(d) statements and documents submitted under this order,
(e) the accuracy of the calculation of the demonstrable loss;
(f) the formalities for public service contracts.
Operation of parallel public passenger services
The operation of parallel public passenger transport is the operation of lines and connections which have the following common characteristics with lines and connections in the same or other mode of transport:
(a) similar directional lines or connections;
(b) comparable distance between stations (stops) and comparable walking distance to stations (stops);
(c) similar conditions of carriage for the same groups of passengers;
(d) a comparable number of connections at the same or near times and intervals.
Repeal
The following shall be deleted:
1. Decree No. 36 / 2001 Coll., on a demonstrable loss in public rail passenger transport and on the definition of parallel public passenger transport.
2. Decree No. 141 / 2003 Coll., amending Decree No. 36 / 2001 Coll., on a demonstrable loss in public rail passenger transport and on the definition of parallel public passenger transport.
Efficacy
This Decree shall take effect on 1 July 2005.
Minister:
Ing. Šimonovský v. r.
Příloha č. 1
Annex No 1 to Decree No 241 / 2005 Coll.
Statement of costs and revenues of transport activities in public rail passenger transport
Příloha č. 2
Annex No 2 to Decree No 241 / 2005 Coll.
Method of calculation and reimbursement of loss on student fare
1. For the purposes of calculating the loss on the student fare, the amount of the normal fare declared by the carrier shall be used.
2. The loss of the student fare shall be calculated by the carrier as the difference between the fare without a discount on the student fare and the fare with a discount on the student fare.
3. The carrier shall calculate the loss of the student fare itself and demonstrate its amount to the Ministry of Transport or the relevant region. The carrier is entitled to pay a demonstrable loss from the provision of the student fare.
4. The loss payment referred to in point 2 of this Annex shall apply to the price excluding value added tax.
1) It is issued on the basis and within the limits of the law, the content of which allows the relevant provisions of the European Communities to be incorporated by decree.
2) Council Regulation No 1191 / 69 / EEC of 26 June 1969 on the procedure of Member States concerning public transport obligations by rail, road and inland waterway, as amended by Council Regulation 1893 / 91 / EEC of 20 June 1991.
3) Decree No. 175 / 2000 Coll., on the Transport Regulations for public railway and road passenger transport.
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Regulation Information
| Citation | Decree No. 241 / 2005 Coll., on a demonstrable loss in public rail passenger transport and on the definition of parallel public passenger transport |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.06.2005 |
|---|---|
| Effective from | 01.07.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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