Division 2 The performance scheme as referred to in Article 35 shall be based on the following basic principles:

In order to achieve an agreed level of performance and not to endanger the economic viability of a service, the infrastructure manager shall agree with applicants the main parameters of the performance scheme, in particular the value of delays, the thresholds for payments due under the performance scheme relative both to individual train runs and to all train runs of a railway undertaking in a given period of time;

The infrastructure manager shall communicate to the railway undertakings the working timetable, on the basis of which delays will be calculated, at least five days before the train run. The infrastructure manager may apply a shorter notice period in case of force majeure or late alterations of the working timetable;

All delays shall be attributable to one of the following delay classes and sub-classes:

1. 1..

   Operation/planning management attributable to the infrastructure manager

2. 1.1..

   Timetable compilation

3. 1.2..

   Formation of train

4. 1.3..

   Mistakes in operations procedure

5. 1.4..

   Wrong application of priority rules

6. 1.5..

   Staff

7. 1.6..

   Other causes

8. 2..

   Infrastructure installations attributable to the infrastructure manager

9. 2.1..

   Signalling installations

10. 2.2..

    Signalling installations at level crossings

11. 2.3..

    Telecommunications installations

12. 2.4..

    Power supply equipment

13. 2.5..

    Track

14. 2.6..

    Structures

15. 2.7..

    Staff

16. 2.8..

    Other causes

17. 3..

    Civil engineering causes attributable to the infrastructure manager

18. 3.1..

    Planned construction work

19. 3.2..

    Irregularities in execution of construction work

20. 3.3..

    Speed restriction due to defective track

21. 3.4..

    Other causes

22. 4..

    Causes attributable to other infrastructure managers

23. 4.1..

    Caused by previous infrastructure manager

24. 4.2..

    Caused by next infrastructure manager

25. 5..

    Commercial causes attributable to the railway undertaking

26. 5.1..

    Exceeding the stop time

27. 5.2..

    Request of the railway undertaking

28. 5.3..

    Loading operations

29. 5.4..

    Loading irregularities

30. 5.5..

    Commercial preparation of train

31. 5.6..

    Staff

32. 5.7..

    Other causes

33. 6..

    Rolling stock attributable to the railway undertaking

34. 6.1..

    Roster planning/rerostering

35. 6.2..

    Formation of train by railway undertaking

36. 6.3..

    Problems affecting coaches (passenger transport)

37. 6.4..

    Problems affecting wagons (freight transport)

38. 6.5..

    Problems affecting cars, locomotives and rail cars

39. 6.6..

    Staff

40. 6.7..

    Other causes

41. 7..

    Causes attributable to other railway undertakings

42. 7.1..

    Caused by next railway undertaking

43. 7.2..

    Caused by previous railway undertaking

44. 8..

    External causes attributable to neither infrastructure manager nor railway undertaking

45. 8.1..

    Strike

46. 8.2..

    Administrative formalities

47. 8.3..

    Outside influence

48. 8.4..

    Effects of weather and natural causes

49. 8.5..

    Delay due to external reasons on the next network

50. 8.6..

    Other causes

51. 9..

    Secondary causes attributable to neither infrastructure manager nor railway undertaking

52. 9.1..

    Dangerous incidents, accidents and hazards

53. 9.2..

    Track occupation caused by the lateness of the same train

54. 9.3..

    Track occupation caused by the lateness of another train

55. 9.4..

    Turn-around

56. 9.5..

    Connection

57. 9.6..

    Further investigation needed;

Wherever possible, delays shall be attributed to a single organisation, considering both the responsibility for causing the disruption and the ability to re-establish normal traffic conditions;

The calculation of payments shall take into account the average delay of train services of similar punctuality requirements;

The infrastructure manager shall, as soon as possible, communicate to the railway undertakings a calculation of payments due under the performance scheme. This calculation shall encompass all delayed train runs within a period of at most one month;

Without prejudice to the existing appeal procedures and to the provisions of Article 56, in the case of disputes relating to the performance scheme, a dispute resolution system shall be made available in order to settle such matters promptly. This dispute resolution system shall be impartial towards the parties involved. If this system is applied, a decision shall be reached within a time limit of 10 working days;

Once a year, the infrastructure manager shall publish the annual average level of performance achieved by the railway undertakings on the basis of the main parameters agreed in the performance scheme.