Decree of the Ministry of Transport and Communications No. 36 / 2001 Coll.
Decree of the Ministry of Transport and Communications on a demonstrable loss in public rail passenger transport and on the definition of parallel public passenger transport
Valid
Order
Effective from 01.02.2001
Text versions:
20.05.2003
01.02.2001
36
DECLARATION
Ministry of Transport and Communications
of 22 January 2001
on a demonstrable loss in public rail passenger transport and on the definition of parallel public passenger transport
The Ministry of Transport and Communications 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.:
Further definition of demonstrable losses
(1) The demonstrable loss in public rail transport (hereinafter referred to as "demonstrable loss") consists of the sum of the losses from the service obligation, the transport obligation and the tariff commitment (1) in public rail passenger transport, including a reasonable profit. (2)
(2) The loss of the traffic obligation is determined by the economic eligible costs incurred by the carrier for the management of public rail passenger trains on the route under the public service obligation (3), reduced by the costs of the traffic and rail operation, from which the sum of the revenues from passenger and baggage transport and the revenues for other services related to this transport, including the non-compliance premium (4) and after deduction of the loss resulting from the tariff and freight obligations.
(3) The loss of the transport obligation shall be the sum of the normal fare for free transport or of the fares and charges which are lower than the fare or import economic charges for groups of passengers defined by the specific legislation. 5)
(4) The loss of the tariff undertaking is the sum of the economic fare for the carriage of regulated fares under the price regulation. 6)
Method of calculation of demonstrable loss and definition of reasonable profit
(1) The basis for calculating the amount of the demonstrable loss of the traffic and transport obligation (§ 1) is the proven loss of performance of the public service obligation in public regular passenger transport pursuant to the special legislation (7) in the previous calendar year in the Czech Republic, converted into a unit of transport performance.
(2) The basis thus established for the calculation of the demonstrable loss on the operating and transport liabilities (hereinafter referred to as "the basis') includes a reasonable profit. The basis will be increased by 50% (" the increased basis') to take account of the more demanding technical and technological conditions for the operation of public rail passenger services. The total amount of demonstrable loss shall be equal to the product of the increased base and the transport performance of public passenger rail transport in the previous calendar year.
(3) The amount of the base and the increased basis for calculating the demonstrable loss of the operation and transport obligations and the total amount of the demonstrable loss of those obligations for the relevant calendar year is calculated and declared by the Ministry of Transport and Communications (hereinafter referred to as "the Ministry"), at the same time as the preparation of the draft draft budget assembly for the relevant calendar year.
(4) The amount of the demonstrable loss on the tariff undertaking shall be determined by the difference between the total accounting loss on the operation of public passenger rail transport plus a reasonable profit plus the cost of the infrastructure and runway operation and the amount of the demonstrable loss on the operation and transport obligations.
Proof of losses demonstrated by the carrier
(1) The demonstrable loss of the undertaking and the undertaking of transport by the carrier is evidenced by the report of the train kilometres travelled (hereinafter "the report"). The report shall be submitted following a public service contract concluded. The statement shall be submitted to the Ministry for SuperCity, EuroCity, InterCity, Express and express trains agreed to ensure the public interest in securing the transport needs of the State or for trains agreed to meet State defence needs. For trains of category express train, passenger train, mixed train, tram connection or trolleybus connection, the report shall be presented to the relevant county. The carrier uses data (line markings, train numbers, connections) according to an approved or declared timetable.
(2) In the separate part of the report, the carrier shall provide an overview of the outstanding connections and train kilometres. A link which has not been completed due to causes which have arisen outside the carrier's remit shall not be considered as not being made. The relevant number of train kilometres related to these unfinished connections shall be counted against the total number of train kilometres travelled for the purpose of payment of the demonstrable loss.
(3) The demonstrable loss of the carrier's tariff commitment is evidenced by a statement of revenue from the transport activity. The statement of revenue from the transport activity shall be presented to the Ministry following a public service contract concluded.
Allocation of funds to and from the budgets of the relevant local administrations
(1) By the breakdown of the State budget, each county receives an assigned amount to cover a demonstrable loss from the operation and transport obligations (the "assigned amount"). The amount assigned for each relevant region is derived from the total amount of the demonstrable loss of the operation and transport obligations in the Czech Republic according to the calculated accounting loss of public passenger transport in each district.
(2) The assigned amount also includes the means to cover the demonstrable loss of the traffic and the transport of tram and trolleybus services across the city borders and to provide transport services in interurban transport relations.
(3) The region concerned shall determine, in the light of the assigned amount and the extent of public rail passenger transport carried out in the public service obligation expressed in train kilometres, the subsidy unit in koruna per train kilometre.
(4) Reimbursement of the demonstrable loss of the service obligation and of the transport obligation given by the product of the subsidy unit and the number of train kilometres travelled will be provided by the region concerned to the advance payment under the public service obligation contract and the bill after the submission of the statement (Section 3 (1)) by the actual train kilometres travelled.
Forms of the public service contract
(1) The public service contract (hereinafter referred to as "the contract") 8 is negotiated between the Czech Republic represented by the Ministry or the relevant region on the one hand (hereinafter referred to as "the client") and the carrier on the other.
(2) For contracts relating to trains of category SuperCity, EuroCity, InterCity, express and speedster agreed in the public interest to ensure the transport needs of the State and for other trains agreed to meet the State's defence needs, the Ministry is the client of the category of express train, passenger train, mixed train, tram connection or trolleybus link is the client of the region.
(3) The agreement on a tariff undertaking is concluded by the Ministry with the carrier.
(4) The contract must be in writing and always contain the following particulars:
(a) the designation of the contracting parties (the client and the carrier);
(b) the determination of the routes, sections and connections for which the public service obligation is negotiated;
(c) the definition of the content of the service obligation, the transport obligation and the tariff obligation, where agreed;
(d) an obligation on the client to pay the amount of the demonstrable loss in accordance with the provisions of this Order;
(e) the carrier's obligation to discharge the public service obligation;
(f) an obligation on the carrier to submit a statement to the client pursuant to Article 3;
(g) the period for which the contract is to be negotiated.
(5) The determination of the routes for which the public service obligation is agreed shall be made in the contract either by the number of the runway used in the timetable or by the construction name of the runway, by means of the starting and destination station or by a stop or by the tram or trolleybus line number.
State supervision of the financing of transport services and public service obligations
(1) The person authorised by the Ministry to exercise State control over the financing of public service transport and public service obligations (hereinafter referred to as "supervision") within the framework of its authorisation
(a) cost inputs;
(b) records of sales from passengers;
(c) the statements referred to in Article 3 (1);
(d) the accuracy of the calculation of the subsidy unit pursuant to Article 4 (3);
(e) whether public service contracts concluded have the necessary requirements.
(2) In carrying out supervision, the person responsible for carrying out it shall proceed in accordance with the general rules on State control. 9)
Operation of parallel passenger public transport
(1) The operation of parallel public passenger transport is the operation of such public passenger transport which has the following common features with other public passenger transport:
(a) identical directional lines or connections,
(b) comparable density of stations (stops) and comparable walking distance to stations (stops);
(c) ensuring identical transport relationships for the same groups of passengers;
(d) it is operated by a comparable number of connections in the same time positions.
(2) However, only such public passenger transport, which would not lead to the need to increase the capacity of individual lines or connections or to expand the current scope of transport, may be regarded as parallel public passenger transport after the fulfilment of the conditions referred to in paragraph 1.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Ing. Schling v. r.
1) Paragraph 39 (2) to (5) of Act No. 266 / 1994 Coll., on Railways, as amended by Act No. 23 / 2000 Coll.
2) Decree No. 580 / 1990 Coll., implementing the Price Act, as amended.
3) Article 39 (1) of Act No. 266 / 1994 Coll., as amended by Act No. 23 / 2000 Coll.
4) Decree No. 175 / 2000 Coll., on the Transport Regulations for public railway and road passenger transport.
5) For example, Act No. 236 / 1995 Coll., on the salary and other formalities connected with the performance of the duties of representatives of state power and of certain state bodies and judges, Act No. 100 / 1988 Coll., on social security.
6) For example, the Ministry of Finance's price statement No 01 / 2001 issuing a list of goods with regulated prices.
7) Act No. 111 / 1994 Coll., on Road Transport, as amended. Decree No. 50 / 1998 Coll., on a demonstrable loss in public passenger regular transport.
8) Article 269 (2) of Act No. 513 / 1991 Coll., Commercial Code, as amended.
9) Act No. 552 / 1991 Coll., on State Control, as amended.
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Regulation Information
| Citation | Decree of the Ministry of Transport and Communications No. 36 / 2001 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 | 01.02.2001 |
|---|---|
| Effective from | 01.02.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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