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Document colectat · Documentul de referință al rețelei feroviare 2026

Contract on supplying electric power

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Documentul de referință al rețelei feroviare 2026
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26.09.2026 17:55
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ragraph 1 shall not apply to: - the information requested by the competent authorities in accordance with the regulations in force; - the information which was made public until the conclusion of the Contract; - the information to be provided during the normal performance of the activities under the contract. (3) For the performance of this Contract and as regards the processing of personal data, the Parties shall fully comply with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. (4) With regard to the personal data of the legal representatives of the signatory parties, of the contractually designated contact persons and of the employees of the parties designated to ensure the execution of the contract, both parties guarantee that the processing of the personal data of these data subjects will be carried out in compliance with the requirements of Regulation (EU) 2016/679, each party committing itself to ensure the information of the data subjects in accordance with Article 13 of Regulation (EU) 2016/679. 8. CONTRACT ASSIGNMENT Article 15. (1) The Parties may assign only the debentures arising out of this Contract, whereas the obligations incurred shall remain the responsibility of the Contracting Parties as they were set down and assumed at the date of signing the Contract. 2026 CFR NETWORK STATEMENT ANNEX 27.a Version: 15.1.1 Update: 20.01.2026 Page: 6 / 28 Compania Naţională de Căi Ferate “CFR” S.A. Romania 9. INTERRUPTION OF ELECTRIC POWER SUPPLY Article 16. The interruption of the electric power supply until all the non-conformities are remedied shall be performed by: - disconnecting the connection in case of the fixed consumption places; - forbidding the access of the electric traction units belonging to the Consumer to the railway contact line network in accordance with the provisions of the Tripartite Access Convention set down in Annex No. 3 to the Contract. Article 17. (1) The Supplier may require the interruption of the electric power supply to the Consumer upon a 5-working day prior notice in the following cases: a) failure to pay within the term provided for in the Contract the invoices issued by the Supplier in accordance with the provisions of this Contract. b) if the authorized representative of the Supplier is prevented in any way from having access to the metering units and the related equipment if these belong to the Consumer; c) the Consumer fails to transmit all the supporting electric power consumption data within the deadlines set down in this Contract or prevents the Supplier’s representative from collecting the data necessary for the recalculation of the consumption, when there are found out situations leading to the incorrect recording of the electric power consumption; d) in case of proven fraudulent consumption of electricity, including the use of an electric traction unit not declared by the Consumer according to the provisions of the Contract; (2) Any expenses incurred by the Supplier for the disconnection from and reconnection to the network of the Consumer shall be borne by the Consumer; (3) The electric power supply shall be resumed after there have been remedied all the non-conformities for which the interruption of the electric power supply of the consumption places of the Consumer was required. The resumption of the supply shall be required by the Supplier in accordance with the provisions of the Tripartite Convention set down in Annex No. 3 to the Contract, after having received the documents proving the fulfilment of all the obligations set down in the Contract. (4) If the conditions necessary for the resumption of the electric power supply are not fulfilled by the Consumer, the Contract shall be considered unilaterally terminated by the Consumer. This provision shall not apply if the termination of the Contract has occurred by operation of law. 10. CESSATION, TERMINATION AND DENUNCIATION OF THE CONTRACT Article 18. (1) The contract shall terminate by operation of law in the following cases: a) upon the expiry of the period of time for which it was concluded, if the Parties do not agree to extend it; b) when during the performance of the contract there occurs a force majeure case established and invoked under the law; c) on the basis of the agreement of the Parties in accordance with the provisions of the Contract; d) by unilateral termination in accordance with the provisions of the Contract; e) in any other situations set down by the law. (2) The Parties shall fulfil all the obligations incurred throughout the duration of the Contract until its termination. 2026 CFR NETWORK STATEMENT ANNEX 27.a Version: 15.1.1 Update: 20.01.2026 Page: 7 / 28 Compania Naţională de Căi Ferate “CFR” S.A. Romania Article 19. This Contract shall terminate by operation of law, without the intervention of a court, in the following cases: a) the breach, in bad faith, of the obligations assumed after the faulty party has been warned by means of a notice of these facts, and has taken no remedy measures within the deadlines set out in the Contract; b) the full or partial non-achievement of the purpose of the Contract by one of the Parties; c) the Consumer has partially or fully transferred/transformed the rights or obligations under this Contract in favour of a third legal entity without the prior consent of the Supplier; d) the full non-payment of the electric power invoices, the payment delay penalties and the possible expenses caused by the interruption of the electric power supply under this Contract; e) the repeated non-payment, namely the Consumer is effectively disconnected at least twice during the last 12 calendar months for the non-payment of the invoices, based on the issuance of the documents related to the supply interruption, respectively the right of access to the electrified railway infrastructure; f) any of the Parties refuses to conclude addenda to the existing contract or, as the case may be, a new contract, as a consequence of the changes in the regulations and/or circumstances on the basis of which it was concluded. These provisions shall not apply in case of the conclusion of the contract with disagreements, during their settlement stages. The Contract shall terminate if the Parties cannot reach an agreement within 30 days from the entry into force of the new regulations; g) the non-fulfilment of any obligation under this Contract (except when the relevant obligation is exonerated in case of force majeure), including the failure to make payments; h) any of the Parties is declared bankrupt, dissolves, cannot fulfil its obligations under the Contract or acknowledges in writing its incapacity to fulfil its obligations under the Contract, or seizure or any other precautionary measure is enforced against its assets preventing it from carrying out its activity; Article 20. (1) The termination of this Contract may be carried out at the initiative of the Supplier, based on a termination notice communicated to the Consumer, without the need for the intervention of the courts, in the following situations: (2) Fraudulent consumption of electricity; (3) The fraudulent consumption referred to at paragraph (1) shall mean: a) the connection of any receiver or of the consuming system before the metering unit established in the technical connection permit; b) any change in the electric system affecting the correct operation of the metering unit; c) the use on the railway contact line network of a locomotive the use of which was not notified to the Supplier within 30 calendar days; d) the Consumer loses its legal capacity as a consumer of electric power on the railway contact line network on the basis of which this Contract was concluded; e) the Consumer modifies its registration data as a legal entity on the basis of which this Contract was concluded and it does not communicate this situation to the Supplier within 3 months from the date of the changes; f) the use of electric traction units of its own or of other RU’Ss for its own benefit on the public railway infrastructure after the public railway infrastructure manager has taken measures to prohibit the access of the electric traction units in accordance with Annex No. 3 to the Contract. 2026 CFR NETWORK STATEMENT ANNEX 27.a Version: 15.1.1 Update: 20.01.2026 Page: 8 / 28 Compania Naţională de Căi Ferate “CFR” S.A. Romania (4) Non-payment in full by the Consumer of the invoices issued by the Supplier in accordance with the provisions of this Contract and/or of any expenses determined by the interruption of electricity supplies according to this Contract; (5) Repeated non-payment, respectively the Consumer ends up at least twice in the last 12 calendar months in the situation of being effectively disconnected for non-payment of invoices, by issuing documents for interruption of supply, respectively regarding the right of access to the electrified railway infrastructure; (6) In the event of termination of the Supply Contract, the conclusion of a new Contract is conditional on the payment by the Consumer of the outstanding amounts from the old Contract. (7) The Supplier shall send the Consumer the notice of termination of the contract at least 15 (fifteen) days before the date on which the termination will take legal effect. Termination shall only take place if, by the day prior to the termination date, the Consumer does not provide proof of payment of the amounts due or proof of the remedying of the causes that were the basis for the notice of termination of the Supply Contract. Article 21. (1) If there has taken place a cause of termination in respect of a party, the other party may terminate the contract by giving notice to the other party through the communication modalities under the Contract. (2) A termination notice shall indicate both the cause of termination and the day at which the Contract is to be deemed terminated. The termination date may not fall earlier than the date at which the notice of termination is deemed to have been received under the Contract, but no later than 15 days from that date. Being effective from the date of termination, all the payment and performance obligations under this Contract shall be replaced by the obligation to pay damages for non-performance to the other party at the value calculated under the Contract. (3) At the date at which there occurs a cause of termination under Article 19 (h), the party that terminates the Contract shall send to the other party a notice for establishing the termination date of the Contract, without the intervention of a court. Article 22. (1) The Contract may be unilaterally denounced by the Consumer upon a 21-day prior notice. (2) In case of the non-compliance with the deadline of the unilateral denunciation by the Consumer, the Supplier shall have the right to receive damages equal to the equivalent value of the electric power not purchased until the expiration of the Contract, calculated as the average of the Consumer’s consumption over the last 3 months of consumption; (3) The parties shall expressly accept the clause of unilateral denunciation, a clause considered uncommon as provided by Article 1203 of the Civil Code. Article 23. The unilateral cessation, termination and denunciation of the Contract shall have no effect on the obligations related to the consumptions already incurred. 11. DISPUTES Article 24. (1) Any technical, operational or commercial disputes between the Parties arising from the interpretation and/or performance of this Contract shall be amicably settled, through direct negotiations, within 15 calendar days from their notification by one party to the other party. (2) The amicable settlement agreed by the two Parties shall be recorded in a minutes. (3) The Parties shall agree that the disputes arising from the interpretation and/or performance of this Contract which cannot be amicably settled shall be submitted to the competent courts of law. 2026 CFR NETWORK STATEMENT ANNEX 27.a Version: 15.1.1 Update: 20.01.2026 Page: 9 / 28 Compania Naţională de Căi Ferate “CFR” S.A. Romania 12. FORCE MAJEURE Article 25. (1) The Parties shall be exonerated from any liability for the partial or total non-fulfilment of the obligations arising from this Contract, if this is the result of a force majeure case. (2) The force majeure circumstances shall be those which may arise during the performance duration of this Contract following the occurrence of special events (natural disasters, war, embargo and the like) which could not have been taken into account by the Parties upon the conclusion of the Contract, and are reasonably beyond the will and control of the Parties. (3) The Party invoking force majeure shall notify this in writing to the other Party within 3 working days from its occurrence, together with an estimate of the period of time after which it ceases its effects, and shall take any measures available to limit its consequences. (4) The failure to fulfil the force majeure communication obligation shall not remove its liability exoneration effect, but the party invoking force majeure shall have the obligation to pay to the other party the damages caused by the non-communication. (5) The performance of the Contract shall be suspended during the period of a force majeure case, but without prejudice to the rights that the Parties had until its occurrence. (6) The period of force majeure shall end upon the issuance by the party that issued the notice in accordance with paragraph 3 of a new notice for announcing that it can fulfil again all its obligations under the Contract. (7) If the force majeure case lasts for more than 30 consecutive days or for more than 60 days accumulated in a calendar year, the Party receiving the force majeure notice may terminate the Contract without any notice and without payment of penalties. 13. MODIFICATION OF CIRCUMSTANCES Article 26. (1) For the purposes of this Contract, the modification of circumstances means the entry into force of new legal regulations on the modification or abrogation of the existing ones after the conclusion date of this Contract. (2) The Contract shall be automatically amended and/or supplemented if, by means of a new normative act, the clauses of this Contract and its annexes or of the contracts by which the Supplier purchases the electric power are amended or supplemented, whereas the Parties shall have the obligation to update the Contract in accordance with the terms and conditions of the new normative act. Contractual provisions based on provisions of normative acts are amended on the date of entry into force of the amendments to the respective normative acts without completing other formalities; in this case, the Supplier is obliged to notify the Consumer of the amendments. (3) During the Validity Period of the Contract, either Party may propose in writing to the other Party amendments to the contract clauses. The other Party shall express its point of view in writing within 15 days from the receipt of the request. (4) Upon the consent of the Parties, this Contract may be amended any time during its performance, by means of addenda to be an integral part of the Contract. 14. NOTICES Article 27. (1) The Parties shall agree that any notice, notice of default or request required or permitted under this Contract shall be transmitted in writing, and shall be deemed as transmitted only if it is: - personally handed over to the relevant party by its representatives, upon written acknowledgement of the receipt of the notice and by signing for the receipt, indicating the name and the position, or - sent by registered mail with return receipt requested by the party concerned or - sent by fax with transmission receipt or - sent by email to the designated address or contact persons of the relevant party. (2) The contact persons designated by each party shall be those in Annex No. 8. 2026 CFR NETWORK STATEMENT ANNEX 27.a Version: 15.1.1 Update: 20.01.2026 Page: 10 / 28 Compania Naţională de Căi Ferate “CFR” S.A. Romania (3) The correspondence addresses and the recipients may be changed any time by either party by means of a written notice to the other party, whereas the notice shall produce effects from the date of receipt. (4) Any notice, notice of default or request shall be deemed as received by the recipient: - at the time of its handing-over if personally handed over to the relevant party; - within 3 calendar days after its sending by registered mail with return receipt; - at the date of the fax transmission confirmed by the confirmation protocol, if it was sent on a working day, between 8.00 and 16.00, otherwise, the correspondence shall be deemed received on the next working day; - at the date of the email transmission to the designated address or contact persons, if it was sent on a working day, between 8.00 and 16.00, otherwise, the correspond
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