2.3.3.2 IM’s Obligations

In order to ensure the proper execution of the Access Contract, the parties undertake to cooperate by exchanging any information and taking any necessary or useful measures to ensure regularity of services. The official language to be used for communications or exchanging information is Italian. In this respect, the RU guarantees that its staff has sufficient knowledge of this language to ensure full compliance with the written and/or oral safety instructions and for exchanging information, under both normal or disrupted operating conditions. The parties undertake to maintain the confidentiality, vis-à-vis any third parties, of the data, information, documents and studies with which they have become acquainted, in connection with the execution of the Access Contract, without prejudice to the cases expressly provided for under the applicable legislation. Each party shall consider all the documents, plans and other commercial or technical data received from the other, or which has come to their knowledge in connection with the execution of the agreement, as strictly confidential, and undertakes to utilise them solely for the purposes agreed to. The information related to each agreement shall be divulged solely to the contracting RU; the RUs shall then take on the responsibility of making any disclosures to third parties. The information obligations of IM and RU towards passengers comply with the provisions of Regulation (EC) 1371/2007 of the European Parliament and of the Council and with those of the Authority's resolution no. 106/2018. If the IM has been entrusted with Station Management functions by the Regional Authority of Umbria and rejects a complaint from railway transport users due to the fact that the complaint pertains to areas of competence of the RU, it shall transmit this complaint to the RU and at the same time shall inform the user of this measure. The RU is required to provide a response to the user, adopting the methods and timing specifically defined for a response to a complaint as referred to in TRA Resolution 28/2021. The same obligation is provided for in the event that the RU refuses a complaint from railway transport users as the complaint falls within the range of competence of the IM. In the latter case, the IM itself will provide a response to the user. The methods adopted for the transmission of complaints rejected on account of the relative spheres of competence will be the subject of a specific memorandum of understanding established between the IM and the RU.

2.3.3.2 IM’s Obligations

The IM undertakes to:

 make available the railway infrastructure to the RU, according to the procedures provided for under the applicable legislation and this network statement, and provide the services indicated in Section 5, in conformity with principles of non-discrimination, transparency and fairness, in order to assure the efficient management of the relevant network and optimise capacity utilisation;  ensure that the railway infrastructure made available to the RUs shall, under normal operating conditions, be accessible, functional and qualitatively appropriate, in its entirety, both at the stations and on the tracks, for the orderly, safe and punctual operation of the train services.

In the event of the deterioration of the railway infrastructure, the IM shall shall immediately implement the necessary service measures for apportioning the residual capacity jointly with the undertakings concerned.  assure the maintenance and cleanliness of the public spaces in passenger stations;  make available to the RU the technical and safety regulations and keep it informed of any amendments and/or additions thereto, with at least 15 calendar days notice prior to they enter into force;  inform the general public and passengers, in a consistent and uniform manner, about the trains and timetables of all the RUs, using the communication and visual methods (logos and written notices) with regard to both the trains and the service timetables of the different RUs. The same objective shall be achieved by means of passenger announcements in stations, signs and notices and station monitors;  comply with the provisions and instructions issued by the ANSFISA (National Rail And Road And

Motorway Infrastructure Safety Agency) and TRA;  implement a Safety Management system, in accordance with the applicable regulations.