CFR Network Statement2026

          Compania Nationala de Cai Ferate “CFR” S.A.                                                Romania

4.1       Introduction
  The infrastructure capacity allocation is regulated in Chapter IV, Section 3 of Law No. 202/2016, and by the
  Regulation on the allocation of railway infrastructure capacity (GD No. 1696/2006 – under updating).
  In accordance with these, the Romanian infrastructure capacity allocation body is CFR, in its capacity as an
  infrastructure manager independent from the specific activities of a RU.
  The available infrastructure capacities are allocated by CFR upon the requests of the RUs as well as of other
  applicants.
  Any transaction between the RUs regarding the allocated infrastructure capacities is forbidden, and triggers
  the cancellation of the access contract, except in the case of the applicants that are not RUs, in accordance
  with Law No. 202/2016.
  CFR satisfies, as far as possible, all the requests for infrastructure capacity, also depending on the availability
  of the railway infrastructure. Within the scheduling and coordination procedure, CFR may consider as

priorities certain services specified in Articles 47 and 49 of Law No. 202/2016 on the integration of the Romanian railway system into the single European railway area, as further amended and supplemented. The right to use the infrastructure capacities established as train paths is granted to the RUs or to other applicants for a maximum period of time corresponding to one working timetable period. If an applicant intends to request infrastructure capacity for supplying a passenger railway transport service on a route where the right of access to the railway infrastructure is limited, it notifies the infrastructure manager and the National Railway Supervision Council with regard to its intention to supply this new passenger railway transport service at least 18 months before the entry into force of the working timetable to which the capacity request refers, in accordance with the provisions of Article 38(4) the first sentence of Law No. 202/2016 on the integration of the Romanian railway system into the single European railway area, as further amended and supplemented. According to Article 3(e) of the Regulation laying down the procedure and criteria for the application of the

economic equilibrium test issued by the National Railway Supervisory Board, a new rail passenger transport service is a rail passenger transport service intended to operate as a regular-time service, which is either entirely new, it involves a substantial modification of an existing rail passenger service, in particular to increase the frequency of services or to increase the number of stops, and which is not provided under a public service contract. The regulation establishing the procedure and criteria for applying the economic equilibrium test issued by the National Railway Supervisory Board, can be accessed at the address http://www.consiliulferoviar.ro/wp-content/uploads/2020/07/Regulament-test-echilibru-economic_- CNSDFLdocx.pdf

4.2       General Description of the Process
  The infrastructure capacity allocation is performed by CFR in its capacity as the allocation body.
  The Regulation on the allocation of infrastructure capacity is set out in Annex 18.
  CFR supervises the carrying-out of the allocation procedures, and monitors the train path allocation on a
  fair and non-discriminatory basis, and by complying with the law and the confidentiality.
  The requests for infrastructure capacity are submitted in accordance with the law by:
    A. the RUs which have concluded an infrastructure access contract with CFR, in accordance with the
       allocation regulation;

 2026 CFR Network Statement             Version: 15.1.6              Section: Capacity Allocation           A Page
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