Process of conflict resolution

es of trains as follows: - by the Traffic Directorate through the CAO for: o the paths of the passenger trains in internal traffic, classified according to the legislation in force in the categories: intercity, interregio and regio, running on two or more Regional Railway Branches; o the paths of the freight trains running in internal traffic on two or more Regional Railway Branches. - by the RRBs 1-8 through the CAO for: o the paths of the passenger trains in internal traffic, classified according to the legislation in force in the regio category, running on a single Regional Railway Branch; o the paths of the freight trains running in internal traffic on a single Regional Railway Branch. o The Traffic Directorate may also decide to carry out the dispute settlement process in certain cases that are within the competence of the RRB. 5.2 Working Method - Description of the Activity of Settling the Disputes related to Infrastructure Capacity Allocation 5.2.1. Method of Setting Up the Dispute Settlement Commissions The disputes related to the conflicting requests for infrastructure capacity allocation shall be settled by a commission made up, as appropriate, of: - The head of the CAO or his replacement, from the Traffic Directorate/Traffic Division; - The deputy head of the Central Traffic Regulator/Head of the Regional Traffic Regulator or his replacement;  CNCF „CFR”- SA QESMS Edition: 2 OPERATIONAL PROCEDURE Revision: 1 SETTLEMENT OF DISPUTES OVER THE INFRASTRUCTURE Page: 7/11 TRAFFIC DIRECTORATE CAPACITY ALLOCATION Code PO 0-8.5-08 - A member of the CAO or another employee from the Traffic Directorate/Division. 5.2.2. Settlement of the Disputes related to the Conflicting Requests for Infrastructure Capacity Allocation - the General Case (1) The settlement of the disputes related to the conflicting requests for infrastructure capacity allocation shall be carried out if, after the application of the operational procedure: PO 0-8.5-07, Edition 1, Review 0, ,,Principles on the Coordination of the Conflicting Requests for Infrastructure Capacity Allocation”, CFR fails to adapt all the requests based on this coordination. (2) In this case, the assessment criteria on the basis of which the assessment is made in order to settle the disputes shall be: Criterion Name of assessment criterion Dispute settlement Application no. Existence of the statement of the RU on Applies to Infrastructure capacity shall the compatibility of the rolling stock new 1 be allocated to the applicant specified in the written request with the infrastructure who meets the criterion. traffic route only The infrastructure capacity shall be allocated to the applicant with the highest traffic speed of the rolling stock. In cases where the maximum speed of the rolling stock is higher than the 2 Efficient use of infrastructure capacity maximum speed allowed by the railway infrastructure, the value of the maximum speed of the rolling stock shall be considered equal to the value of the maximum speed allowed by the railway infrastructure. The estimated usage of the infrastructure capacity. It shall be determined with the help of the estimated usage indicator K K= (a*4+b*3+c*2+d*1)x(n) where a, b, c, and d are the distances The infrastructure capacity shall be 3 expressed in kilometres related to the allocated to the request with the highest sections of the lines Class A, B, C, and D on usage indicator. the path in question n - number of traffic days L(path length)=a+b+c+d It shall be decided in favour of the Existence of requests to/from the 4 request to/from the multimodal multimodal transport terminals transport terminals The least polluting rolling stock - diesel or It shall be decided in favour of the 5 electric traction request with electric traction  CNCF „CFR”- SA QESMS Edition: 2 OPERATIONAL PROCEDURE Revision: 1 SETTLEMENT OF DISPUTES OVER THE INFRASTRUCTURE Page: 8/11 TRAFFIC DIRECTORATE CAPACITY ALLOCATION Code PO 0-8.5-08 Criterion 6 shall not apply if at It shall be decided in favour of the least one Operating capacity and efficiency of path request submitted by the applicant who applicant did usage: ensured in the previous timetable the not hold a 6 Pa= (Σ train*km non-used paths/Σ highest efficiency of the usage of all the railway train*km paths allocated in acc. with the allocated path, respectively who had the infrastructure Rail Service Book)x100 lowest percentage of non-used paths access contract in the previous timetable It shall be decided in favour of the 7 Impairment of railway station capacity request that least affects the capacity of the railway station. The commission provided for at item 5.2.1. shall apply the criteria in the order set out above. The criteria are eliminatory in that order. Criterion 5 shall be analysed on the basis of the applicant's statement at the time of submitting the path request. CFR shall reserve the right to sanction the relevant RU by calculating the Pa coefficient by including the volume of train-kms for the case when diesel traction rolling stock is used instead of the electric one (as indicated in the path request) in the volume of non-used train-kms. Exceptions are the cases due to the railway infrastructure. The value of the Pa coefficient shall be calculated for the entire railway network as follows: - The denominator shall be calculated, every year, at the date of the entry into force of the timetable, by the Capacity Allocation Office within the Traffic Directorate; - The numerator shall be calculated, each year, after the expiry of the timetable, by the Central Traffic Regulator, on the basis of the data supplied by the Regional Traffic Regulators. The data shall be distributed to the RRBs 1-8. If, following the application of the criteria, it results that: - there is a request for which the allocation has been decided; in this case, there shall be performed the tracing. Alternative solutions shall be proposed for the other requests, if possible. For the RUs who accept the alternative solutions, there shall be performed the tracing; - there is no request to decide on the allocation. In this case, there shall be proposed alternative solutions, if possible. For the RUs who accept the alternative solutions, there shall be performed the tracing. The result of the assessment shall be mentioned in a minutes in accordance with the template included in Annex No. 1. After the conclusion of the minutes, the Traffic Directorate/Division shall inform the RU, in writing, on the modality in which the dispute between the conflicting requests was settled, by using one of the templates included in Annexes No. 2 or 3, as appropriate. (3) The deadline for completing the analysis shall be 10 working days from the moment when CFR finds out that no agreement can be reached by using the coordination procedure.  CNCF „CFR”- SA QESMS Edition: 2 OPERATIONAL PROCEDURE Revision: 1 SETTLEMENT OF DISPUTES OVER THE INFRASTRUCTURE Page: 9/11 TRAFFIC DIRECTORATE CAPACITY ALLOCATION Code PO 0-8.5-08 5.2.3 Settlement of the Disputes related to the Conflicting Requests for Infrastructure Capacity Allocation - the case of the traffic sections for intermodal terminals (1) This paragraph sets out the rules of procedure in the case of the conflicting requests for traffic sections where the following conditions are cumulatively met: - The traffic section serves an intermodal terminal such as airport, port, etc.; - The working timetable proposed by CFR is of the cadenced type; - The paths on the relevant section have the same parameters; - CFR's capacity offer consists of pairs of paths due to specific restrictive conditions; - No requests other than those established in the cadenced timetable are admissible. (2) The settlement of the disputes related to the conflicting requests for infrastructure capacity allocation shall be carried out if, after the application of the operational procedure: PO 0-8.5-07, Edition 1, Review 0, ,,Principles on the Coordination of the Conflicting Requests for Infrastructure Capacity Allocation”, CFR fails to adapt all the requests based on this coordination. The settlement of the disputes related to the conflicting requests for infrastructure capacity allocation shall be carried out through the analysis made by a commission made up in accordance with the provisions of Item 5.2.1. (3) In this case, the assessment criteria on the basis of which the assessment is made in order to settle the disputes shall be: Criterion Name of assessment criterion Dispute settlement Application no. Existence of the statement of the RU on Applies to Infrastructure capacity shall the compatibility of the rolling stock new 1 be allocated to the applicant specified in the written request with the infrastructure who meets the criterion. traffic route only The infrastructure capacity shall be allocated to the applicant with the highest traffic speed of the rolling stock. In cases where the maximum speed of the rolling stock is higher than the 2 Efficient use of infrastructure capacity maximum speed allowed by the railway infrastructure, the value of the maximum speed of the rolling stock shall be considered equal to the value of the maximum speed allowed by the railway infrastructure.  CNCF „CFR”- SA QESMS Edition: 2 OPERATIONAL PROCEDURE Revision: 1 SETTLEMENT OF DISPUTES OVER THE INFRASTRUCTURE Page: 10/11 TRAFFIC DIRECTORATE CAPACITY ALLOCATION Code PO 0-8.5-08 The estimated usage of the infrastructure capacity. It shall be determined with the help of the estimated usage indicator K K= (a*4+b*3+c*2+d*1)x(n) where a, b, c, and d are the distances The infrastructure capacity shall be 3 expressed in kilometres related to the allocated to the request with the highest sections of the lines Class A, B, C, and D on usage indicator. the path in question n - number of traffic days L(path length)=a+b+c+d It shall be decided in favour of the Existence of requests to/from the 4 request to/from the multimodal multimodal transport terminals transport terminals The least polluting rolling stock - diesel or It shall be decided in favour of the 5 electric traction request with electric traction Criterion 6 shall not apply if at It shall be decided in favour of the least one Operating capacity and efficiency of path request submitted by the applicant who applicant did usage: ensured in the previous timetable the not hold a 6 Pa= (Σ train*km non-used paths/Σ