Ruling Chamber 10
Ruling Chamber 10 is responsible for all decisions required from the Bundesnetzagentur under rail regulation legislation. Not covered are decisions pertaining to market surveillance under section 17 of the Rail Regulation Act (ERegG) and to charging fees under the Federal Fees Act.
Main activities of Ruling Chamber 10 are focused on the following areas:
- Approval of the charges set by the infrastructure managers (sections 33, 45, 46 of the Rail Regulation Act)
The principles of charging and the charges set by the infrastructure managers for provision of the minimum access package require approval by the Bundesnetzagentur. Infrastructure managers may only levy the approved charges.
- Implementation of incentives (sections 25 to 30 of the Rail Regulation Act)
At the beginning of a regulatory period and following a cost examination Ruling Chamber 10 determines the base level of total costs in relation to a base year specified by it. The annual total costs cap (price cap; maximum price limit) is based on the base level of the total costs. Due account may have to be taken of agreements between a local authority and an infrastructure manager. The Rail Regulation Act provides for certain exemptions from the incentivisation regime requirements. These exemptions also require a decision by the Bundesnetzagentur.
- Approval of the charges set by operators of passenger stations (section 33 of the Rail Regulation Act)
The charges set by the operators of passenger stations require approval by the Bundesnetzagentur. Operators of passenger stations may only levy the approved charges.
- Decisions on access to railway infrastructure and service facilities
The regulatory supervision of Ruling Chamber 10 extends to all issues concerning access to railway infrastructure and service facilities (access barriers, access disputes including those relating to charges, contractual agreements).
- Review of network statements and service facilities statements
Infrastructure managers and operators of service facilities must communicate to the Bundesnetzagentur any planned changes to their statement or any plans to issue a new version of it (section 72 sentence 1 subpara 5 of the Rail Regulation Act). Ruling Chamber 10 reviews the statements and approves the planned changes or the planned new version unless legal requirements are contravened (section 73(1) subpara 4 of the Rail Regulation Act).
- Monitoring of account separation (section 70 of the Rail Regulation Act)
Under the Rail Regulation Act the infrastructure managers, operators of service facilities and railway undertakings are obliged by multiple means to comply with the accounting separation requirements (sections 5 to 8 and section 12 of the Act). The Bundesnetzagentur is empowered to verify that infrastructure managers, operators of service facilities and railway undertakings comply with the accounting separation provisions in the said Act. Ruling Chamber 10 decides on any action that may be required for ensuring compliance with these provisions.
- Exemption requests (sections 2 and 7(6) of the Rail Regulation Act)
Under section 2(4) to (7), section 9 and section 7(6) of the Rail Regulation Act, infrastructure managers, operators of service facilities and railway undertakings may be exempted in various ways from compliance with the Act. Ruling Chamber 10 conducts exemption procedures and issues decisions on exemption requests.
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