What is Act No. 426 / 2021 Coll.?

Act No. 426 / 2021 Coll., amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended — Act amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended.

When it became Act No. 426 / 2021 Coll. effectiveness?

Act No. 426 / 2021 Coll. became effective 01.02.2022.

Is Act No. 426 / 2021 Coll. still valid?

Yes, Act No. 426 / 2021 Coll. is still valid and effective.

How many times was it Act No. 426 / 2021 Coll. amended?

Act No. 426 / 2021 Coll. has 4 time versions of the text.

Act No. 426 / 2021 Coll.

Act amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended

Valid Law Effective from 01.02.2022

Text versions: 16.06.2024 01.02.2022 30.11.2021

ČÁST PRVNÍ Čl. I „§ 19 „§ 19a § 19b § 19c „§ 31a § 31b § 31c § 31d „§ 43 § 43a § 43b „§ 43c § 43d § 43e § 43f „HLAVA TŘETÍ § 46s „HLAVA ČTVRTÁ § 46t „ČÁST OSMÁ § 49a § 49b § 49c § 49d § 49e § 49f § 49g § 49h § 49i § 49j § 49k § 49l § 49m § 49n § 49o § 49p § 49q § 49r § 49s § 49t § 49u § 49v § 49w „§ 65a Čl. II ČÁST DRUHÁ Čl. III ČÁST TŘETÍ Čl. IV ČÁST ČTVRTÁ Čl. V

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426

THE LAW

of 27 October 2021

amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Railway Act

Čl. I

Act No. 1 / 2017, Act No. 5 / 2017, Act No. 5 / 2017, Act No. 5 / 2017, Act No. 5 / 2017, Act No. 5 / 2017, Act No. 5 / 2017, Act No. 5 / 2017, Act No. 7 / 2017, Act No. 7 / 2017, Act No. 7 / 2017, Act No. 5 / 2017, Act No. 5 / 2017, Act No. 5 / 2017, Act No. 5 / 2017, Act No. 6 / 2011 Coll.

1. footnote 1 shall read:

"(1) Directive 2007 / 59 / EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating power vehicles and trains in the Community rail system. Directive 2012 / 34 / EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area. Directive (EU) 2016 / 797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system in the European Union. Directive (EU) 2016 / 798 of the European Parliament and of the Council of 11 May 2016 on railway safety. Article 2

2. In Article 2, paragraphs 14 to 18 are added:

"(14) The technical specification for interoperability means a directly applicable European Union Regulation which regulates specific requirements in order to achieve technical and operational interconnectivity of the runways in the European Union and on the vehicles operated by them and is identified as the technical specification for interoperability.

(15) Interoperability element means a part of a subsystem on which the technical and operational interconnections of the national, regional and selected railway lines of other Member States and of railway vehicles operated on them depend and which is identified as an interoperability constituent in the technical specification for interoperability.

(16) The subsystem shall be understood as part of a track or a railway vehicle on which the technical and operational connectivity of the runway depends on the achievement of the national, regional and selected runway of other Member States and of the traction vehicles operated on them and which is identified as a subsystem in the technical specification for interoperability.

(17) The manufacturer means a person who manufactures or has an interoperability constituent, a subsystem or a railway vehicle designed or manufactured and who places an interoperability constituent, a subsystem or a railway vehicle on the market under his name or trade mark.

(18) The holder of a groove vehicle shall be the person who:

(a) the railway vehicle owns or has the right to use it;

(b) the railway vehicle uses or allows to be used to operate railway transport; and

3. Paragraph 2 (18), including footnote 20, reads:

"(18) The holder of a groove vehicle shall be the person who:

(a) the railway vehicle owns or has the right to use it;

(b) the railway vehicle uses or allows to be used to operate railway transport; and

20) Commission Implementing Decision (EU) 2018 / 1614 of 25 October 2018 laying down specifications for vehicle registers referred to in Article 47 of Directive (EU) 2016 / 797 of the European Parliament and of the Council and amending and repealing Commission Decision 2007 / 756 / EC. ';

4. Paragraph 3a (1) is deleted and paragraph 2 is deleted.

5. In Article 7 (2), after the second sentence, the sentence "The condition for the issue of approval for the use of a national or regional railway construction is the issue of a runway licence, if required by § 49d or 49f. ';

6. In the fourth sentence of Article 7 (2), the words "other than national or regional 'shall be inserted after the words" Test operation of the track construction.'

7. In the fifth sentence of Paragraph 7 (2), the words "tracks or" shall be inserted after the words "Certificate Building Officer."

8. in § 11 (1) and § 57a (1) (a) (2), the words "a railway operator's safety certificate" shall be replaced by "a railway operator's certificate";

9. In Article 11 (2), the words "and runway operator certificate 'shall be inserted after the words" authorisation'.

10. Paragraph 19, including the title and footnote 21, reads as follows:

„§ 19

Issue of a runway operator certificate

(1) An application for a railway operator certificate shall be lodged with the railway administration. The application shall be accompanied by evidence demonstrating the establishment of a track safety management system in accordance with the directly applicable European Union Regulation on common safety methods concerning safety management system requirements. 21) and the adoption of measures to comply with it.

(2) If it is not possible to take a decision without delay on the application for a railway operator certificate, the Railway Administration shall decide thereon no later than 4 months after the initiation of the procedure.

(3) The railway authority shall issue a certificate of the railway operator instead of a written copy of the decision,

(a) if the applicant has implemented a railway safety management system in accordance with a directly applicable European Union regulation governing common safety methods concerning safety management system requirements 21), and

(b) if the applicant has taken measures to comply with the railway safety management system.

(4) When deciding on an application for a railway operator certificate, account shall be taken of the findings obtained in the exercise of national supervision, if the applicant has already operated a national or regional runway before the application is submitted. The Railway Administration may specify in the Railway Operator Certificate the conditions to ensure the safe construction, upgrading, maintenance and repair of the runway. The decision on the application for a railway operator certificate cannot be appealed and cannot be reviewed in the review procedure.

(5) The runway operator certificate shall be valid for 5 years.

(6) If there is a track crossing the national border of the Czech Republic, the Railway Administration shall cooperate with the competent authority of the Member State concerned in the process of issuing the railway operator certificate.

(7) The model of the runway operator certificate shall be laid down in the implementing legislation.

21) Commission Delegated Regulation (EU) 2018 / 762 of 8 March 2018 laying down common safety methods with regard to safety management system requirements under Directive (EU) 2016 / 798 of the European Parliament and of the Council and repealing Commission Regulations (EU) No 1158 / 2010 and (EU) No 1169 / 2010. ';

11. After Paragraph 19, the following Sections 19a to 19c are inserted:

„§ 19a

Change of data in the runway operator certificate

The national or regional railway operator shall notify the change of the data contained in the railway operator certificate to the railway authority within 1 month of the date on which it took place and shall provide evidence showing the change. The Railway Authority shall issue a new certificate of the railway operator with the modified data and with a period of validity corresponding to the period of validity of the original certificate. The runway operator shall submit the original runway operator certificate within 15 days of the date of issue of the new certificate.

§ 19b

Restrictions and withdrawal of authorised to operate the runway

(1) If the established railway safety management system ceases to be sufficient due to a substantial change in the legislation governing the safe operation of the runway, the Railway Administration shall impose an obligation on the railway operator to adapt that system and shall provide for a reasonable period of time. If the railway operator does not adapt the railway safety management system to be sufficient within the prescribed time limit, the railway authority shall restrict or withdraw the railway operator's authorisation, depending on the nature and extent of the deficiencies identified; the decision cannot be appealed against and cannot be reviewed in the review procedure.

(2) If the railway operator has ceased to comply with the conditions for certification of the railway operator, the Railway Administration shall, depending on the nature and extent of the deficiencies identified, restrict or withdraw the railway operator's authorisation to operate. The decision to restrict or withdraw the railway operator's authorisation to operate the runway cannot be appealed and cannot be reviewed in the review procedure.

(3) If the Railway Authority has decided to restrict the approval of the railway operator to operate the runway, it shall issue a new runway operator certificate with a modified runway range and a period of validity corresponding to the period of validity of the original certificate. The railway operator shall submit the original railway operator certificate to the railway undertaking within 15 days of the date on which the decision becomes final.

§ 19c

Information on the runway operator certificate

The Railway Authority shall inform the European Union Railway Agency of the issue of a railway operator certificate and of the restriction or withdrawal of the authorisation of the railway operator to operate the runway without undue delay, no later than 2 weeks after the date on which the decision becomes final. ';

12. in Paragraph 22 (1), the comma shall be replaced by a dot at the end of point (e) and point (f) shall be deleted;

13. in Article 22 (2) (d):

"(d) ensure that the railway operator's safety system established by it is in accordance with a directly applicable European Union regulation governing common safety methods concerning safety management system requirements; 21)

1. take into account the scope and scope of its activities and the activities of the various carriers carried out on its operating track;

2. allow the operation of the runway and rail transport in accordance with the technical specifications for interoperability, other legislation and certificates of the carrier; and

3. has been observed, '.

14. in Article 22 (2), the following points (e) to (i) are inserted after point (d), including footnotes 22 and 23:

'( e) take the necessary measures to analyse, evaluate and guide risks in accordance with the directly applicable regulation of the European Union laying down a common safety method for risk assessment and assessment (22);

(f) by means of contractual arrangements, ensure that persons whose activities may have an impact on the safety of the operation of the runway or rail transport and which are included in the railway safety management system pursuant to the directly applicable European Union Regulation on common safety methods relating to safety management system requirements 21),

1. supply goods or services which do not jeopardise the safe operation of the runway or railway transport;

2. they have taken the necessary measures to analyse, evaluate and guide risks in accordance with the directly applicable European Union regulation governing the common safety method for risk assessment and assessment (22); and

3. take the necessary measures to eliminate or otherwise guide them to a known safety risk arising from a design or technical failure of the runway, track vehicle or other technical equipment used to ensure the operation of the runway or railway transport, and notify such risk to persons who may contribute to the removal or otherwise control of that safety risk;

(g) monitor, in accordance with the directly applicable European Union law governing the common safety monitoring method used by infrastructure managers, railway undertakings and entities responsible for maintenance (23), whether the measures referred to in point (f) (2) have been taken;

(h) submit, at the request of the European Union Railway Agency, the contractual arrangement referred to in (f);

(i) take the necessary measures to eliminate or otherwise guide the known safety risk arising from the design or technical failure of the runway, track-side vehicle or other technical equipment used to ensure the operation of the runway or runway transport and to notify such risk to persons who may contribute to the removal or other control of that safety risk;

22) Commission Implementing Regulation (EU) No 402 / 2013 of 30 April 2013 on the common safety method for risk assessment and assessment and repealing Regulation (EC) No 352 / 2009, as amended.

23) Commission Regulation (EU) No 1078 / 2012 of 16 November 2012 on the common safety monitoring method to be used by railway undertakings, infrastructure managers after obtaining a safety certificate or safety approval and the entities responsible for maintenance. ';

Point (e) shall be renumbered as point (j).

15. in Articles 22 (2) (j) and 35 (2) (g), the words "30 June" are replaced by the words "31 May."

16. In Paragraph 22, at the end of paragraph 2, the dot is replaced by a comma and the following point (k) is added:

"(k) immediately notify or otherwise make available, in electronic form, data obtained from the carrier pursuant to Article 35 (2) (p) and retain it for a period of 3 years from the date of receipt."

17. in Paragraph 22 (5), the words "the elements of the railway safety management system" shall be deleted;

18. Article 23a shall be deleted, including the title and footnote 6a.

19. in Article 24a (1), the words "issued by the railway authority or the European Union Agency for Railways" shall be added at the end of the text of point (b).

20. in the second sentence of Article 24a (4), the words "or a carrier not holding a certificate of the carrier" shall be inserted after the words "on the local or tuber track."

21. in the first sentence of Paragraph 25 (2), "(a) to (c) and (h)" shall be replaced by "(a) to (c), (g) and (h)";

22. in Article 27 (1) (a) and (b), the words "as head of staff" shall be replaced by "in management."

23. in Article 31 (2), "the European Railway Agency" is replaced by "the European Union Railway Agency";

24. The following Sections 31a to 31d are inserted after Section 31, including the headings and footnotes 24 and 25:

„§ 31a

Issue of the certificate of the carrier

(1) If the applicant intends to operate railway services only in the territory of the Czech Republic or in the territory of another Member State on a railway section near the national border of the Czech Republic, he shall submit an application for the certificate of the carrier to the railway administration or the European Union Railway Agency. If the applicant also intends to operate railway services in another Member State, if not only for a section of the runway according to the first sentence, he shall submit an application for the certificate of the carrier to the European Union Railway Agency.

(2) The application for a certificate shall contain:

(a) the particulars required under the directly applicable European Union regulation laying down practical rules for the issue of single safety certificates to railway undertakings (24);

(b) the type of operation which means:

1. passenger rail transport involving high-speed transport;

2. passenger rail transport not involving high speed transport;

3. Rail freight transport involving the transport of dangerous goods,

4. rail freight transport not involving the transport of dangerous goods; or

5. only shift,

1. national and regional runway;

2. the section of the national or regional runway on which the applicant intends to operate the railway service; or

3. the runway on the territory of another Member State on which the applicant intends to operate the railway transport,

(d) data on the scope of operation, which means the estimated number of passengers carried and the quantity of cargo carried per year and the assumption of whether the applicant will be a micro-enterprise or small, medium or large enterprise in accordance with the directly applicable European Union25 Regulation).

(3) The application for a certificate of the carrier shall be accompanied by documents in accordance with the directly applicable European Union Regulation laying down practical rules for the issue of uniform safety certificationsto railway enterprises24).

(4) The procedure of the applicant prior to the application for a certificate of the carrier and the procedure for issuing a certificate of the carrier shall be laid down directly by the applicable European Union regulation laying down practical rules for the issue of uniform safety certificationsto railway undertakings (24). If necessary for the processing of the application, the applicant shall allow the staff of the European Union Railway Agency to enter the buildings, railway vehicles, land and other premises owned or used by it, with the exception of dwellings, and provide it with the necessary additional synergies.

(5) The certificate of the carrier shall contain the particulars of the directly applicable European Union regulation laying down practical rules for the issue of uniform safety certificationsto railway enterprises24) and details of the type, area and extent of operation.

(6) An appeal against the decision on the application for a certificate of the carrier may be lodged with the authority which issued the decision. The period of appeal shall be 1 month. The Railway Administration which issued the contested decision shall, on the basis of the appeal lodged, examine it within 2 months of its receipt and, if there are reasons for doing so, cancel the contested decision and issue the certificate to the carrier. That decision shall not be appealed against. If the railway administration fails to find the grounds for annulment of the contested decision, it shall, within the same period, forward the file together with its opinion to the appeal administrative authority.

§ 31b

Change in type, scope or area of operation and change in the data in the carrier certificate

(1) The carrier may, on the basis of a certificate issued by the carrier, operate railway services other than those listed therein or within the scope specified therein only if no substantial change has been made.

(2) If the carrier intends to operate a railway service other than that of the carrier of that type or to the extent indicated, the authority which issued the certificate shall request the carrier to decide whether the intended change is material and, if so, to issue a new certificate. If the carrier intends to expand the area of operation, it shall apply for a new certificate from the carrier.

(a) the railway administration, if it has issued a certificate of the carrier; or

(b) The European Union Agency for Railways has issued a certificate of the carrier or the applicant intends to operate railway services also in another Member State, unless it is only a section of the railway on the territory of that State near the national border of the Czech Republic.

(3) The application for a new certificate of the carrier contains the particulars required under the directly applicable European Union regulation laying down practical rules for the issue of uniform safety certificationsto railway enterprises24). The application shall be accompanied by supporting documents in accordance with the directly applicable European Union Regulation laying down practical rules for the issue of single safety certificates to railway undertakings (24). Where necessary for the processing of an application, the applicant shall allow the staff of the European Union Railway Agency to enter the buildings, railway vehicles, land and other premises owned or used, with the exception of dwellings, and provide them with the necessary additional synergies.

(4) If the Railway Administration finds that the intended change of type or scope of operation

(a) is essential and, in relation to this amendment, the conditions for amending the certificate of the carrier under the directly applicable European Union Regulation laying down practical rules for the issue of uniform safety certificationsto railway undertakings (24) are met; it shall issue a new certificate of the carrier;

(b) is substantial and, in relation to this amendment, the conditions for amending the certificate of the carrier in accordance with the directly applicable European Union Regulation laying down practical rules for the issue of single safety certificates to railway undertakings (24) are not met, shall reject the application for a new certificate of the carrier; or

(5) If the railway administration finds that, in relation to the expanded area of operation, the conditions for issuing the certificate of the carrier are met in accordance with a directly applicable European Union regulation laying down practical rules for issuing uniform safety certificationsto railway undertakings (24), it shall issue a new certificate of the carrier.

(6) A decision given pursuant to paragraph 4 or 5 shall not be appealed and may not be reviewed in the review procedure.

(7) Where the Railway Administration has decided to issue a new certificate to the carrier in accordance with paragraph 4 or 5, the carrier shall forward the original certificate to the railway administration within 15 days of the date on which the decision becomes final.

(8) The carrier operating railway services on a national or regional track shall notify the change of the information contained in the carrier's certificate to the railway administration within 1 month of the date on which it took place and shall provide evidence showing the change; This does not apply to changes in the type, scope or area of operation. A new certificate of the carrier shall be issued by the Railway Administration with the details changed and the period of validity corresponding to the period of validity of the original certificate. The carrier shall submit the original certificate to the carrier within 15 days of the date of issue of the new certificate.

§ 31c

Restrictions and withdrawal of authorisation to operate railway services

(1) If the established railway safety management system ceases to be sufficient because of a substantial change in the legislation governing the requirements for the safe operation of railway transport, the railway administration shall require the carrier to adapt the system and shall provide for a reasonable period of time. If the carrier fails to adapt the railway safety system within the time limit set in order to be sufficient, the railway authority shall, depending on the nature and extent of the deficiencies identified, restrict or withdraw the authorisation of the carrier to operate the railway service; the decision cannot be appealed against and cannot be reviewed in the review procedure.

(2) If the carrier has ceased to comply with the conditions for certification of the carrier pursuant to the directly applicable European Union regulation laying down practical rules for the issue of uniform safety certificationsto railway enterprises24), the Railway Administration

(a) depending on the nature and extent of the deficiencies identified, the authorisation of the carrier to operate the rail transport shall be limited or withdrawn if it has issued a certificate of the carrier; or

(b) inform the European Union Railway Agency accordingly, if certified by the carrier.

(3) Where the Railway Administration has decided to restrict the authorisation of a carrier to operate a railway service, it shall issue a new certificate of the carrier with changed data on the type, area or extent of operation and the period of validity corresponding to the period of validity of the original certificate. The carrier shall forward the original certificate to the railway undertaking within 15 days of the date on which the decision becomes final.

(4) If, in the exercise of State supervision, the railway administration finds deficiencies seriously threatening the safe operation of railway transport, the carriers shall impose an obligation to remove them and shall set a reasonable time limit for them. In the decision of the Railway Administration, it may prohibit the operation of railway transport or restrict the type, area or scope of operation until the deficiencies identified have been remedied. This Decision cannot be appealed against and cannot be reviewed in the review procedure. The Railway Authority shall inform the European Union Railway Agency of its decision, if certified by the carrier, and provide it with the documents for issuing it; if the carrier has not removed the deficiencies identified within 3 months of the date of the decision, the Railway Administration shall inform the European Union Railway Agency accordingly.

§ 31d

Information on the carrier's certificate

The railway authority shall inform the European Union Railway Agency of the issue of the certificate of the carrier and of the restriction or withdrawal of the authorisation to operate the railway transport without undue delay, no later than 2 weeks after the date on which the decision becomes final.

24) Commission Implementing Regulation (EU) 2018 / 763 of 9 April 2018 laying down practical rules for the issue of uniform safety certificates to railway undertakings pursuant to Directive (EU) 2016 / 798 of the European Parliament and of the Council and repealing Commission Regulation (EC) No 653 / 2007.

(25) Commission Regulation (EU) No 651 / 2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in accordance with Articles 107 and 108 of the Treaty, as amended. '

25. In Paragraph 32 (4), the words "international train paths" are replaced by the words "train paths in which a train crosses the national border of the Czech Republic (hereinafter referred to as the" international train route ")."

26. in Paragraph 33 (3), the words "including whether the section of the runway with the exclusive operation of trains under the supervision of the European Train Safety System" shall be added at the end of the text of point (a).

27. in Article 33 (4) (f), "capacity and" is replaced by "capacity."

28. In Paragraph 33, at the end of paragraph 4, the dot is replaced by "a 'and the following point (h) is added:

"(h) the definition of the runway or part thereof on which the runway capacity will be allocated, as a priority, for the purpose of the operation of passenger rail transport or freight rail transport, with an indication of the available train routes, where such a runway or part thereof has been determined in accordance with Paragraph 34 (5).";

29. In Paragraph 34, the following paragraph 5 is inserted after paragraph 4:

"(5) Where a train route is available between 2 identical locations on the track using another runway with comparable operational technical characteristics, the allocation may determine the track or part thereof on which it will give priority to the capacity of the runway to operate passenger rail transport or freight rail transport; its determination of the allocation shall be discussed in advance with the carriers operating railway services on that runway and the contracting entities which are parties to the public passenger transport service contract for the purpose of providing transport services on that runway. ';

Paragraph 5 shall become paragraph 6.

30. In Paragraph 34, the following paragraph 7 is added:

"(7) The conditions under which the train path is considered to be available and the operational technical characteristics of the runways shall be laid down in the implementing legislation for their comparability. ';

31. in Article 34a (4), the sentence "If several applicants ask for the allocation of the same part of the runway capacity in the case of a runway or part thereof, which was intended to give priority to the allocation of the runway capacity for the purpose of operating passenger or freight rail transport, the allocation shall be arranged in such a way as to enable them to comply with any request for the allocation of the runway capacity for the purpose of operating the relevant rail transport type, and thereafter, if there is available track capacity, other applications; discuss this schedule with applicants. ';

32. in Article 34a (5), second and fourth sentences, the words "international freight rail transport" are replaced by the words "freight rail transport where the train crosses the national border of the Czech Republic."

33. In the last sentence of Paragraph 34a (5), the words "trains of a supra-regional or international nature, then railway transport in the regional district and then railway transport in the territorial district of the municipality" are replaced by the words "when providing transport services to the State, then rail transport in the transport services to the county and then rail transport in the transport services to the municipality."

34. In Article 34a, the following paragraphs 6 to 8 are inserted after paragraph 5:

"(6) If, in the case of a runway or part thereof which has been intended to give priority to the allocation of railway capacity for the purpose of the operation of passenger or freight rail transport, it shall, in accordance with the procedure referred to in paragraph 4, declare the allocation or part thereof to be overloaded; paragraph 5 shall not apply in that case.

(7) On an overloaded track or part of it which has been designed to give priority to the allocation of railway capacity for the purpose of the operation of passenger rail transport, the allocation shall comply with priority applications for the allocation of railway capacity for the purpose of the operation of the railway service under the public passenger transport service contract. The priority allocation of the route capacity shall be discussed with the relevant applicants; where appropriate, the procedure laid down in paragraph 4 shall apply mutatis mutandis. If, even after consultation, all the priority requests cannot be met, the allocation of railway capacity shall first be allocated for the operation of railway services in the provision of the transport service of the State, then for the provision of the transport service of the county and then for the provision of the transport service of the municipality, if the available railway capacity remains.

(8) On an overloaded track or part thereof, which was intended to give priority to the allocation of railway capacity for the purpose of the operation of freight rail services, the allocation shall comply with priority applications for the allocation of railway capacity for the purpose of the operation of combined transport and freight rail services where the train crosses the national border of the Czech Republic. The priority allocation of the route capacity shall be discussed with the relevant applicants; where appropriate, the procedure laid down in paragraph 4 shall apply mutatis mutandis. If, even after consultation, all the priority requests are not met, the allocation of railway capacity shall first be allocated for the operation of combined transport and then freight rail transport, where the train crosses the national border of the Czech Republic, if the available runway capacity remains. "

Paragraphs 6 and 7 shall become paragraphs 9 and 10.

35. in the first sentence of Article 34a (10), "1 to 6" is replaced by "1 to 9."

36. in the last sentence of Paragraph 34a (10), "4 to 6" is replaced by "4 to 9."

37. in the first sentence of Article 34b (1), "Article 34a (7)" is replaced by "Article 34a (10)."

38. in Article 34d (1) to (4), the word "balance" shall be replaced by "balance 15);"

Footnote 15:

"(15) Commission Implementing Regulation (EU) 2018 / 1795 of 20 November 2018 laying down the procedure and criteria for carrying out the economic equilibrium test referred to in Article 11 of Directive 2012 / 34 / EU of the European Parliament and of the Council. ';

39. Paragraph 34h, including the title and footnote 6g, is deleted.

40. in Article 35 (1), point (d) is deleted;

Points (e) to (i) shall be renumbered (d) to (h).

41.In Paragraph 35 (2) (f):

"(f) ensure that the rail transport safety system established by it is in accordance with a directly applicable European Union regulation governing common safety methods concerning safety management system requirements; 21) takes into account the type, area and extent of operation and has been respected, '.

42. In Paragraph 35 (2), the following points (g) to (m) are inserted after point (f), including footnote 26:

"(g) take the necessary measures to analyse, evaluate and guide risks in accordance with the directly applicable European Union regulation laying down a common safety method for risk assessment and assessment (22);

(h) by means of contractual arrangements, ensure that persons whose activities may have an impact on the safety of the operation of the runway or rail transport and which are included in the railway safety management system under the directly applicable European Union provisions governing common safety methods relating to safety management system requirements 21),

1. supply goods or services which do not jeopardise the safe operation of the runway or railway transport;

(i) monitor, in accordance with the directly applicable European Union law governing the common safety monitoring method used by infrastructure managers, railway undertakings and entities responsible for maintenance (23), whether the measures referred to in point (h) (2) have been taken;

(j) submit, at the request of the European Union Railway Agency, the contractual arrangement referred to in point (h);

(k) take the necessary measures to eliminate or otherwise guide the known safety risk arising from the design or technical failure of the runway, track-side vehicle or other technical equipment used to ensure the operation of the runway or railway transport and to notify such risk to persons who may contribute to the removal or other control of that safety risk;

(l) notify the railway authority 2 months in advance of the start of public rail transport by means of a type of railway vehicle which has not yet been operated or using new staff functions, and thereafter without delay any substantial change in such data; indicate in the carrier's notification the new type of train vehicles or new staff functions used;

(m) to obtain information on the technical and operational condition of the track-side vehicle and the freight transported relevant to the safe operation of that vehicle, including the relevant parts of the documentation necessary for the maintenance of the track-side vehicle according to the technical specification for interoperability for the rolling stock subsystem (26), if it intends to operate a railway vehicle which has been operated by another person so far;

26) Commission Regulation (EU) No 321 / 2013 of 13 March 2013 concerning the technical specification for interoperability relating to the subsystem "rolling stock - freight wagons' of the rail system in the European Union and repealing Commission Decision 2006 / 861 / EC, as amended. Commission Regulation (EU) No 1302 / 2014 of 18 November 2014 concerning the technical specification for interoperability relating to the rolling stock subsystem - locomotives and rolling stock for the carriage of persons of the rail system in the European Union, as amended. '

Points (g) and (i) shall be renumbered as points (n) and (o).

43.In Article 35 (2) (o), "Article 34a (4) or (5)" is replaced by "Article 34a (4) to (8)."

44. In Paragraph 35, at the end of paragraph 2, the dot is replaced by a comma and the following point (p) is added:

"(p) ensure that:

1. the start of the steering of a train train on such a runway has been notified to its operator in electronic form and in the manner specified in the runway declaration of the moment of the start of driving of the train, the driver's licence number and the European vehicle number,

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Regulation Information

Citation	Act No. 426 / 2021 Coll., amending Act No. 266 / 1994 Coll., on Railways, as amended, and Act No. 634 / 2004 Coll., on Administrative Charges, as amended
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	30.11.2021
Effective from	01.02.2022
Effective until	-
Status	Valid

Legal Areas: Health and safety at work Transport Labour law Administrative law State (official) control Eligibility for the pursuit of certain professions (activities)

Public Contracts 5

Dohoda o společném postupu přípravy a realizace stavby "Přeložka železničního přejezdu P8033 UB-Újez...

Město Uherský Brod Ředitelství silnic Zlínského kraje,příspěvková org...

07.05.2025

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Smlouva o dílo na zhotovení Záměru projektu s Doprovodnou dokumentací „ETCS Hradec Králové (mimo) -...

Správa železnic, státní organizace SUDOP PRAHA a.s.

2 159 608 CZK

14.05.2024

D3 0310/II Hodějovice - Třebonín - posouzení interoperability stavby

Ředitelství silnic a dálnic ČR Výzkumný Ústav Železniční, a.s.

242 000 CZK

03.07.2023

830 Smlouva o dílo, hydrogeologický vrty - VD Šanov

Povodí Vltavy, státní podnik VODNÍ ZDROJE, a.s.

845 899 CZK

06.02.2023

OST Dodatek č. 1 ke Smlouvě o zajištění spolupráce a poskytování součinnosti

Jihomoravský kraj ŠKODA TRANSPORTATION a.s.

15.08.2022