К АКО И НИВНО СЛЕДЕЊЕ ВО ЗАВИСНОСТ ОД ВЛОЖУВАЊАТА ОД СТРАНА НА ДРЖАВАТА

1. REPUBLIC OF MACEDONIA NS procedure in practice Railway Regulatory Agency Republic of Macedonia К АКО И НИВНО СЛЕДЕЊЕ ВО ЗАВИСНОСТ ОД ВЛОЖУВАЊАТА ОД СТРАНА НА ДРЖАВАТА Mr. Nikola Dimitrovski, Director ZAGREBMAY 2011

2. ACCESS TO THE RAILWAY INFRASTRUCTURE • The railway undertaking which possesses license and safety certificate, may provide public railway services. • The infrastructure manager grants access to the infrastructure to railway undertakings that had fulfilled the conditions prescribed with law, on a transparent and non-discriminatory manner. • In order to access the railway infrastructure, the railway undertaking shall sign a contract with the infrastructure manager. • The access contract is signed 60 days before the start of the new timetable; must be non-discriminatory and in accordance with the provisions of the Law on Railway System.

3. NETWORK STATEMENT The infrastructure manager, after consulting the interested applicants, shall adopt and issue a network statement. Contents of the NS: 1. Main goals for issuance of NS, 2. Nature and access conditions, 3. Description of the network, 4. Procedures on capacity allocation, 5. Services provided on the network and 6. Methods for calculation of the track access charges. * Shall contain details on the measures that will be taken to ensure adequate treatment of all services and requests subject to the ad hoc procedure; *Kept up-to-date and amended when necessary; * Published no less than four months in advance of the deadline for requests for infrastructure capacity, on the web site of the IM or at least in two daily newspapers. .

4. CAPACITY ALLOCATION RULES AND PROCESSES The infrastructure manager, as an independent party in the railway infrastructure management, performs the capacity allocation process, on the basis of specific capacity allocation rules, ensures that the infrastructure capacity is allocated on a fair and non-discriminatory basis and respects the commercial confidentiality of information provided to them. The applicant shall not transfer the allocated infrastructure capacity to another railway undertaking or service provider. Any trading in infrastructure capacity shall be prohibited and shall lead to exclusion from further capacity allocation. When the applicant intends to request infrastructure capacity with a view to operating international passenger service, it shall inform the infrastructure managers and the Agency, in order to enable them to assess the purpose of the international passengers’ services as well as potential economic impact on the existing public service contracts.

5. APPLICANTS Requests for infrastructure capacity may be submitted by railway undertakings and their international groups or other applicants. The infrastructure manager defines requirements for obtaining infrastructure capacities and ensures that legitimate expectations about future revenues and utilization of the infrastructure are safeguarded for the railway undertakings. The requirements may also contain financial guarantee that must not exceed an appropriate level which shall be proportional to the contemplated level of revenue realized through operation. The infrastructure manager shall prescribe the form and the content of the application for obtaining infrastructure capacities and shall guarantee to the applicant the requested capacities. .

6. SCHEDULING AND DEADLINES FOR THE ALLOCATION PROCESS The infrastructure manager shall carry out the allocation process on the basis of the schedule for allocation of infrastructure capacities.

7. PLAN AND DEADLINE FOR PREPARATION OF THE NEW WORKING TIMETABLE 2011/2012 (in practice) .

8. Macedonian Railways Joint Stock Company Transport (RU) Current situation on the railway market in the Republic of Macedonia Ministry of Transport and Communication + Safety Authority Railway Regulatory Agency Currently, there is only one railway undertaking that possesses license for public railway transport. In this time of economy crisis, our RU transports 3-4 million tones/year. Having in mind the statistics from 20 years ago, when around 10 million tones/year have been transported, it can be concluded that nowadays most of the infrastructure capacities are not used. This condition on the market gives false comfort to the RU concerning the number of submitted capacity allocation requests in the freight transport. Consequently, there is an increased number of ad hoc requests and increased costs related to track access. At the same time, the infrastructure manager, due to lack of financial needs, and in order to decrease the costs, imposes restrictions on ancillary tracks from 10pm until 5am. The main goal of the infrastructure manager is to apply higher tariff for the tracks with low frequency in this period of the day. Due to this and other similar problems related to track access charge (invoicing of services in accordance with Annex II of Directive 2001/14/EC), the companies did not sign the Infrastructure Access Contract. Public Enterprise Macedonian Railways Infrastructure (IM)

9. Current situation on the railway market in the Republic of Macedonia In order to surpass these and similar problems, the Agency had organized a meeting with the representatives from both companies. Detected problem: 1. RU was accusing IM of charging for the use of storage sidings, when there is actually no real cost for IM. Agreement was not achieved. 2. The 2nd remark was related to calculation of costs covered with the minimum access package. RU suspects that same costs are charged both with the minimum access package and as additional services. Agreement was not achieved. 3. An agreement was accomplished in regards to the deadline for payment of the invoices. 4. RU had requested from the IM not to charge for empty locomotives, but this was not accepted. 5. RU requested not to be charged for empty trains with 50 net tones weight and limitation of 2 wagons. This was accepted by the IM. (The track access charge for empty trains is half of the price for loaded trains. The RU usually has 1 to 2 loaded wagons up to train.)

10. Current situation on the railway market in the Republic of Macedonia 6.It was not accepted from the IM to cover the costs in cases of defects in signalization (because of thefts). 7. The IM agreed to provide minimum working conditions on clean sidings/gauges, visibility, illuminated sidings, paths between the gauges/sidings and proper loading pads. 8. The request of the RU not to be charged with approximately 50 Euros per train in the Station Skopje South and Skopje Freight was not accepted due to the fact that this amount is required for regular maintenance of the stations. After this meeting, the track access contract was signed. For the issues that were not resolved, the RU has right to lodge an appeal to the Agency in accordance with law. However, until today no appeals have been lodged. Because of this, the Agency had organized another meeting in April 2011, on which the unsolved problems again had been discussed. Future activities have also been agreed.

11. IN REALITY .

12. Thank you for your attention!БЛАГОДАРИМЕ НА ВНИМАНИЕТО! Tel/fax ++38923220407 www.arpz.mk