Article 4 Non-eligible costs
United Kingdom
The infrastructure manager shall not include in the calculation of direct costs on a network-wide basis in particular the following costs:
fixed costs relating to the provision of a stretch of line which the infrastructure manager must bear even in the absence of train movements;
costs that do not relate to payments made by the infrastructure manager. Costs or cost centres that are not directly linked to the provision of the minimum access package or to access to infrastructure connecting service facilities;
costs of acquisition, selling, dismantling, decontamination, recultivation or renting of land or other fixed assets;
network-wide overhead costs, including overhead salaries and pensions;
financing costs;
costs related to technological progress or obsolescence;
costs of intangible assets;
costs of track-side sensors, track-side communication equipment and signalling equipment if not directly incurred by operation of the train service;
costs of information, non-track side located communication equipment or telecommunication equipment;
costs related to individual incidences of force majeure, accidents and service disruptions without prejudice to F1regulation 16 of, and paragraph 7 of Schedule 3 to, the 2016 GB Regulations or, as the case may be, regulation 16 of, and paragraph 7 of Schedule 2 to, the 2016 NI Regulations;
costs of electric supply equipment for traction current if not directly incurred by operation of the train service. Direct costs of operation of the train services that do not use electric supply equipment shall not include costs of using the electric supply equipment;
costs related to the provision of information mentioned under F2paragraph 1(b)(iv) of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 1(b)(iv) of Schedule 1 to the 2016 NI Regulations of Annex II to Directive 2012/34/EU, unless incurred by operation of the train service;
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depreciation which is not determined on the basis of real wear and tear of infrastructure due to the train service operation;
the part of the costs of maintenance and renewal of civil infrastructure that is not directly incurred by operation of the train service.
If the infrastructure manager received funding to finance specific infrastructure investments, which it is not obliged to repay and where such investments are taken into account in the calculation of direct costs, the costs of such investments shall not increase the level of charges without prejudice to F4paragraphs 2 to 5 of Schedule 3 to the 2016 GB Regulations or, as the case may be, paragraphs 2 to 5 of Schedule 2 to the 2016 NI Regulations.
Costs excluded from calculation by virtue of this Article shall be measured or forecast on the basis of the time period referred to in Article 3(5).
Annotations
Textual amendments
- F1
Words in Art. 4(1)(j) substituted (31.12.2020) by The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/518), regs. 1(3)(b), 54(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 4(1)(l) substituted (31.12.2020) by The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/518), regs. 1(3)(b), 54(b); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Art. 4(1)(m) omitted (31.12.2020) by virtue of The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/518), regs. 1(3)(b), 54(c); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 4(2) substituted (31.12.2020) by The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/518), regs. 1(3)(b), 54(d); 2020 c. 1, Sch. 5 para. 1(1)
Notes on the whole EU Regulation
Textual amendments
- F1
Words in Regulation substituted (31.12.2020) by The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (S.I. 2019/518), regs. 1(3)(b), 50; 2020 c. 1, Sch. 5 para. 1(1)