Train Traffic Performance Regime on the CFR Network

may not exceed 0.5% of the IAC for that month. This limit of 0.5% of the IAC value applies in the relationship between CFR and the railway transport undertaking (RU). Art. 22. In cases of force majeure, the requests for non-use of a train path or cancellation of the traffic of a scheduled train made after the completion of the daily running program with the codification of the cause of non-use of a train path or cancellation of a train traffic, are not subject to these regulations and do not result in payment obligations to any Party. CFR Network Statement - 2026 ANNEX 30 Version:15.0.0 Update: 15.12.2024 Pag: 6 / 9  Compania Naţională de Căi Ferate “CFR” S.A. România Art. 23. The details of the calculation and highlighting of the payment obligations resulting from the non-use of the train paths, respectively the cancellation of the scheduled trains’ traffic, in accordance with the request for the non-use of the traffic capacity (the moment of communication of the cancellation of the trains) is set out in Chapter XIII to these regulations. CHAPTER VIII - BORDER CROSSING POINTS OF THE RAILWAY NETWORK Art. 24. At the state borders with the neighbouring railway networks, under the Train Traffic Performance Regime, the delays with which the international trains enter the national railway network (respectively the delay from the scheduled time of arrival at the border station in Romania) are dealt with as delays with external causes, independent of the cases belonging to CFR or the railway transport undertakings. As a consequence, no penalties apply to any of these delays. Art. 25. At the junction points between CFR and the non-interoperable railway infrastructure managers or between the non-interoperable railway infrastructure managers, it shall act the same as in art. 24 for the infrastructure manager, respectively for each non- interoperable railway infrastructure manager, shall be records with each railway undertaking operating trains on the respective network. Consequently, the delays with which the trains enter the junction point of the receiving home network (i.e. the delay from the scheduled arrival time at the junction point on the receiving network) are treated as delays with external causes, independent of the causes of that infrastructure manager. Railway transport undertakings are only responsible to the extent to which the train operates on both networks, but once, only on the handover network; for the receiving network they are considered to be delays with external causes. CHAPTER IX - CONCILIATION OF DIVERGENCES Art. 26. CFR is responsible for recording the data related to the Train Traffic Performance Regime. The railway transport undertakings shall have access to all data related to their own activity area linked to the Train Traffic Performance Regime through computer applications. Any dispute regarding the recorded data shall be treated amicably between the parties within 10 days of the end of the month in which the train whose data is in dispute has been circulated or has been scheduled to circulate. Art. 27. If, after conciliation, one of the parties considers it unfair, it shall address to the competent dispute resolution authority, according to the law or established by the access contract on the public railway infrastructure. CHAPTER X - CODING OF TRAIN DELAYS Art. 28. – (1) The performance regime of train movement on the CFR network uses the delay classes and subclasses provided for in point 2 lit. c) from Annex VI of Law no. 202/2016. (2) Detailed regulations as well as exemplifying the classification of the delays in the above-mentioned codes are established by internal CFR procedure which will enter into force after the abrogation through Order of the Minister of the provisions of the Instructions for the programming and technical and operational analysis of the train traffic no. 099/2005. CFR Network Statement - 2026 ANNEX 30 Version:15.0.0 Update: 15.12.2024 Pag: 7 / 9  Compania Naţională de Căi Ferate “CFR” S.A. România CHAPTER XI - THE MODALITY TO CALCULATE AND HIGHLIGHT THE RECORDS OF TRAINS DELAY Art. 29. – (1) The volume of delay minutes generated by CFR for the trains covered by these regulations operated by a railway undertaking on the railway infrastructure managed by CFR during the analysed period shall be recorded with the acronym Mai and shall be expressed in minutes. It sums up the value for a calendar month. (2) The volume of delay minutes generated by a railway transport undertaking for the trains covered by these regulations operated by the railway transport undertaking respectively on the railway infrastructure managed by CFR during the analysed period shall be recorded with the acronym Motf and shall be expressed in minutes. It sums the value for a calendar month. (3) Additional trains shall not be included in the calculation of the volume of delay minutes in addition to the working timetable which is programmed in circulation after the end of the daily train running schedule (at daily schedule adjustments). Art. 30. The result of the periodic analysis is the difference between Mai and Motf, it shall be noted with the acronym Dif and it is expressed in minutes. Dif is calculated in absolute value. The value of the minute of delay is determined by law or an agreement between the parties (if they establish a higher value than the legal one) and it shall be expressed in ROL per minute. The party that generated a higher value (of Mai and Motf respectively) shall pay the other party, based on an invoice, a sum equal to the product of Dif (set as above) and the value of the minute of delay. Art. 31. The monthly maximum financial value of Dif in ROL cannot exceed 1% of the IAC value for that month. This limit of 1% of the IAC value applies to the relationship between the infrastructure manager and the rail transport undertaking. Art. 32. Invoicing and payment of Dif shall be made in accordance with art. 43. CHAPTER XII - THE MODALITY TO CALCULATE AND HIGHLIGHT THE RECORDS OF THE TRAIN TRAFFIC IN ACCORDANCE WITH THE TIME OF THEIR TRAFFIC PROGRAMMING Art. 33. For trains scheduled after the completion of the daily routine, due to the infrastructure manager, the penalty shall be calculated by multiplying the IAC calculated for that train by a coefficient of 0.5%, it shall be noted with the acronym Tsai and it shall be expressed in ROL, rounded to 2 decimals. It sums the value for a calendar month. Art. 34. For trains scheduled after the completion of the daily traffic schedule due to the railway transport undertaking, the penalty shall be calculated by multiplying the IAC calculated for that train by a coefficient of 0.5%, it shall be noted with the acronym Tsotf and it shall be expressed in RON, rounded to 2 decimals. It sums the value for a calendar month. Art. 35. The result of the periodic analysis is the difference between Tsai and Tsotf, it shall be noted with the acronym Dts and it shall be expressed in RON, rounded to 2 decimals. Dts is calculated in absolute value. The Party that generated a higher value (of Tsai and Tsotf respectively) shall pay the other party, on an invoice basis, a sum equal to Dts. Art. 36. The monthly maximum value of the Dts may not exceed 0.5% of the IAC for that month. This limit of 0.5% of the IAC value is applied in the relationship between CFR and the railway transport undertaking. Art. 37. Dts shall be invoiced and paid in accordance with Art. 43. CFR Network Statement - 2026 ANNEX 30 Version:15.0.0 Update: 15.12.2024 Pag: 8 / 9  Compania Naţională de Căi Ferate “CFR” S.A. România CHAPTER XIII - THE MODALITY TO CALCULATE AND HIGHLIGHT THE RECORDS OF UNUSED PATHS (OF TRAINS WITH CANCELLED TRAFFIC) Art. 38. For paths whose non-use (cancelling of the train traffic) has been achieved after the completion of the daily traffic program due to the infrastructure manager, the penalty shall be calculated by multiplying the IAC calculated to the minimum tonnage (61 tonnes) at the length of that path by the coefficient of 0.1%, it shall be denoted by the acronym Tnai and it shall be expressed in ROL, rounded to 2 decimals. It sums the value for a calendar month. Art. 39. For paths whose non-use (cancelling of the train traffic) has been achieved after the completion of the daily traffic program due to the railway transport undertaking, the penalty shall be calculated by multiplying the IAC calculated to the minimum tonnage (61 tonnes) at the length of that path with a coefficient of 0.1%, it shall be noted by the acronym Tnotf and it shall be expressed in ROL, rounded to 2 decimals. It sums the value for a calendar month. Art. 40. The result of the periodic analysis is the difference between Tnai and Tnotf, it shall be noted by the acronym Dtn and it shall be expressed in ROL, rounded to 2 decimals. Dtn shall be calculated in absolute value. The party that generated a higher value (of Tnai and Tnotf respectively) shall pay the other party, on an invoice basis, a sum equal to Dtn. Art. 41. The maximum monthly value of Dtn may not exceed 0.5% of the IAC value for that month. This limit of 0.5% of the IAC value applies in the relationship between CFR and the railway transport undertaking. Art. 42. Dtn shall be invoiced and paid in accordance with Art. 43. CHAPTER XIV - FINAL AND TRANSITIONAL PROVISIONS Art. 43. (1) The penalties related to the train delays, the penalties for the trains running on the paths requested after the finalization of the traffic program, respectively the penalties for the unused train paths (trains whose circulation has been cancelled) established after the completion of the schedule of traffic is separately calculated. (2) The penalties calculated according to this Performance Regime shall be invoiced not later than the last calendar day of the month following that in which they have occurred. Art. 44. (1) The information related to the application of the provisions of the Train Traffic Performance Regime shall be archived for a period of 5 years from the occurrence of events related to the application of these provisions. (2) In the month of February of each year, CFR will publish on its internet page the average level of the following parameters: • the average delay of one hundred train km, separately for all trains and separately for all direct freight trains, which circulated on the CFR network in the previous calendar year; • the percentage of trains for which cancellation of traffic was requested compared to the total number of trains guided on the CFR network in the previous calendar year separately for all passengers trains and separately for all direct freight trains. CFR Network Statement - 2026 ANNEX 30 Version:15.0.0 Update: 15.12.2024 Pag: 9 / 9