Railway

Tasks

HAKOM is a national regulatory authority for conducting regulatory affairs in the field of rail services markets. In order to ensure the functioning of the rail market HAKOM is obliged to take all appropriate measures to achieve the following regulatory objectives, in particular by:

• promoting competition in the rail market
• promoting the interests of users in railway services
• contributing to the development of the Single European Rail Market.

Regulatory and other affairs following a request by a Party:

resolving in the proceedings, following a request submitted by the applicant to the regulatory body where considered that he has been treated unfairly, discriminated or in other way deprived of his rights, in particular against decisions of the infrastructure manager, operator of the service facility or railway undertaking in reference to the
a) Draft and Final Report on the Network Statement, including all amendments
b) Criteria included in the Network Statement
c) Capacity allocation procedure and its results
d) Method of determining the charges for rail services
e) Amount or structure of the rail service charges he is obliged, or has been obliged to pay
f) Conditions for railway infrastructure and rail services
g) Access to rail services and payment of fees for rail services (especially when the operator of the service facility fails to meet the capacity requirement as prescribed by the law governing the railway area, and there is no feasible alternative)
h) Rail Traffic Management
i) Panned reconstruction and planned or unplanned railway infrastructure maintenance
j) Meeting the requirements, including on conflicts of interest, laid down in the provisions of the law governing the railway area, regarding the independence of the infrastructure manager, the independence of the basic functions of the infrastructure manager, the impartiality of the infrastructure manager with regard to traffic management and maintenance planning, outsourcing and allocation of functions of the infrastructure manager and financial transparency

• resolution with regard to the request for assessment of the basic purpose of an international passenger rail service involving transportation
• addressing a request for assessment of a potential threat to the economic equilibrium of a contract for conducting the public passenger transport services
• providing a non-binding opinion on the draft rail infrastructure management contract
• providing a non-binding opinion on the infrastructure manager's draft business plan and capacity building plan
• resolution in the proceedings following the passenger’s request regarding the passengers’ complaints to the Committee for passengers’ complaints at railway’s undertaking

 
Regulatory and other activities ex officio:

• monitoring the state of competition in the rail services market and the activities of the infrastructure manager and deciding on appropriate measures to eliminate discrimination against applicants, market distortions and any other undesirable developments in the rail services market
• bringing the decision on deadlines for the access to a service facility and provision of services in a service facility
• inspection supervision of the implementation of the Act on Regulation of the Railway Services Market and the Protection of Passenger Rights in Railway Transport (OG 104/2017) and on the implementation of the Railway Act (OG 32/19)
• conducting Audit of infrastructure managers, service facility operators and railway undertakings or requiring an audit from an approved auditor for the purpose of verifying compliance with the provisions on accounting separation
• verification of whether the Network Report contains discriminatory provisions or grants the infrastructure manager discretion that this person may exercise in a manner that discriminates against the applicant supervision of negotiations between the applicant and the infrastructure manager on the level of rail service charges
• supervision of negotiations between the applicant and the infrastructure manager on the level of rail service charges
• monitoring of the conclusion and implementation of cooperation agreements between infrastructure managers and one or more railway undertakings for the purpose of ensuring user benefit
• monitoring criterion from Network Statement to determine capacity fee, allocated but not used
• examination of state aid on the basis of financial records reported to competent authorities, without prejudice to the powers of bodies competent for State aid issues
• implementation of Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 (OJ L 315, 3.12.2007) on rail passengers' rights and obligations
• ex officio procedure in protection of passengers' rights  

Other activities:

• regular publication of data, notices and documents in the field of regulation of the rail market, in particular, the market development indicators
• providing expert opinions and explanations in the implementation of this Act and regulations adopted pursuant to this Act
• consultation with representatives of railway users
• cooperation with the safety and interoperability authority of the rail system and the licensing authority for the operation of rail transport services, including providing recommendations on railway market issues
• cooperation with the competent national regulatory authorities of the Member States of the European Union, associations of competent regulatory authorities and national regulatory authorities of other States in the field of railway market regulation
• international cooperation in the field of regulation of the rail market and participation in the work of administrative and working bodies of competent European and international organisations and institutions in the field of Regulation of the rail market;