Office of Rail Transport Consultations on UTK guidelines on open access - News -

The guidelines were prepared to help both entities interested in obtaining access to railway infrastructure, as well as authorized entities which are entitled to request an economic equilibrium test. The procedures described in the guidelines will apply to proceedings conducted under provisions of the EU Commission Implementing Regulation 2018/1795[1].

The guidelines provide information on:

1. the application for granting open access to railway infrastructure:

formal and substantive requirements;

fees paid by applicants;

confidentiality of commercially sensitive information in submitted documents which should not be disclosed during the proceedings; 

2. the request for economic equilibrium test:

• formal and substantive requirements;
• confidentiality of commercially sensitive information in submitted documents which should not be disclosed during the proceedings;

3. the actions undertaken by the regulatory body (i.e. the President of the Office of Rail Transport) in the proceedings:

• actions undertaken during each stage of the proceedings (depending on the content/scope of submitted documentation);
• principles of communication between the President of UTK, the applicant and the authorized entity;
• mode and principles of cooperation between the EU regulatory bodies;
• administrative decision which can be made by the President of UTK depending on whether the requests for economic equilibrium test were submitted or as a result of analysis of the requests and the data submitted by the authorized entities;
• obligations of the President of UTK on publication and information.

We kindly invite you to read the draft of the guidelines and submit comments and questions till November 27, 2020. Your comments can be sent in an electronic form to inbox address: /UTK/skrytka or to email address: utk@utk.gov.pl.

The draft guidelines "Applicant’s notification and methodology of economic equilibrium test in open access procedure" and the form for submitting comments are in Polish and can be found on our website: https://utk.gov.pl/konsultacje