3.4 SPECIFIC REQUIREMENTS FOR INFRASTRUCTURE ACCESS [NEW

j) violation of the provisions of the “Code of Ethics Models 231 Anti Bribery Management System” article of the Framework Agreement; k) any other termination circumstance envisaged under the Access Contract. In the abovementioned circumstances, the termination of the Access Contract shall take place, to all effects and purposes, after a notice has been sent by the IM, by registered letter with proof of receipt. With regard to the termination specifically referred to in the foregoing letter b), the IM shall send the RU concerned a formal notice of the failure to pay the amounts due, which notice shall contain the following: a) an injunction to comply with its payment obligations within 30 days; b) the reservation of the right to terminate the contract, under the express termination clause, if the RU fails to comply within the deadline set out in the preceding paragraph (a). In all the circumstances involving termination of the Access Contract, whether it be pursuant to Article 1456 of the Italian Civil Code or under other provisions of this NS or other applicable legislation, the RU shall be obliged to pay to the IM, as compensation for its failure to perform its obligations, a sum equal to the amount of the monthly charges for utilisation of the railway infrastructure, which the RU would have had to pay to the IM until the expiry of the relevant agreement. Therefore, the IM will enforce the performance bond, taken out in accordance with paragraph 3.3.2.2 above, without prejudice to the right of indemnity for any further damage.

3.3.2.7 Suspension of the Access Contract [ex 2.3.2.7]

In the event the licence is suspended, the validity of the Access Contract shall also be automatically suspended with the consequent suspension of the RU’s obligation to pay the charges agreed to. However, if the suspension of the licence is ascribable to the RU, it shall be required to pay the amount specified in paragraph 5.6.4.1 in the case of cancellation notified up to 5 days and commensurate with the type of network concerned, and relating to each non-used path during the period of suspension. Moreover, if the suspension of the licence is followed by the amendment or withdrawal thereof, the Access Contract shall be deemed to be terminated on the date of amendment or withdrawal and the provisions stipulated in the preceding paragraph shall apply relating to the termination of contract through the fault of the RU.

3.3.3 Contract with non-RU Applicant [new]

Non-RU Applicants are entitled, in accordance with the provisions of Legislative Decree 112/2015, to request infrastructure capacity according to the rules described in chapter 3 and take part in the capacity allocation process described in chapter 4, including the rules related to penalties described in paragraph 5.6.3.1. RFI does not provide for a Path and Service Allocation Agreement with Non-RU Applicants. The paths and services delivered with the final timetable project by the IM to non-RU Applicants will be attached to the Infrastructure Access Contract of the RU specified for the performance of the transport services. Participation in the annual capacity allocation process for non-RU Applicants without a Framework Agreement is ensured through access to the ASTRO-RU information system and the signing of the Agreement template provided in Annex 7 to this chapter.

3.3.4 General Conditions of Contract [new]

The provisions set out in the NS constitute the general terms and conditions of contract prepared by RFI, which are brought to the attention of the railway sector operators by means of the publication of this document and accepted by the parties when signing the Path Access Agreement or the agreement template provided in Annex.7.

3.4 SPECIFIC REQUIREMENTS FOR INFRASTRUCTURE ACCESS [NEW]

3.4.1 Train-line compatibility for the use of authorised vehicles [ex 2.6]

As required by Article 23 (1) of Legislative Decree 57/2019, before a railway company uses a vehicle in the area of use specified in its marketing authorisation the same verifies that: a) the vehicle has been authorised to be placed on the market pursuant to Article 21 and registered; b) the vehicle is compatible with the line, based on the infrastructure register, of the relevant TSIs or, where such a register does not exist or is incomplete, of any relevant information to be provided by the infrastructure manager free of charge within fifteen days, unless the IM or RU agrees to a different deadline, which shall not exceed thirty days; c) the vehicle is adequately integrated in the composition of the train in which it is intended to be operated, taking into account the safety management system referred to in the railway safety legislative decree and the STU concerning traffic operation and management. In this respect, the RU must send RFI (to the SO SVS/NCR – certified e-mail: rfi-dtc-ncr@pec.rfi.it), before the vehicle is used on the network, the data and documents referred to in Article 2 of Operating Provision 12/2022. It is understood that the request for train paths within the framework of the schedule and operational management by the RUs requires that the RUs, prior to the above-mentioned request, have checked the compatibility of the vehicle on the routes to be travelled.

3.4.1.1 RFI support activities to RUs: compatibility assessment carried out by RFI (Article 5 paragraph 1 DE 12/2022) [ex 2.6.1]

If a RU requests to enter into a contractual agreement for the issue by RFI of the train-route compatibility assessment, it must make a special request to RFI (to the SO SVS/NCR – certified e-mail address: rfi-dtcncr@pec.rfi.it) communicating the vehicle(s) for which RFI is to carry out the compatibility assessment and the relevant paths. In the request, the RU must also provide the data referred to in Article 2 of the Operating Provision 12/2022 supplemented with the “vehicle information” referred to in Annex D1 to the TSI Operating Provision, and any other information deemed necessary.

3.4.1.2 RFI support activities to RUs: technical consultancy (Article 5, paragraph 2 DE 12/2022) [ex 2.6.2]

If the RU asks RFI to activate the “technical consultancy” provided for in Article 5, paragraph 2 of the Operating Provision 12/2022, it must send the draft compatibility assessment to RFI (to the SO SVS/NCR – certified e-mail address: rfi-dtc-ncr@pec.rfi.it). The request must indicate the vehicles for which the compatibility draft was carried out and the route(s) involved in the verification. At the end of the consultancy activities, pending the general revision of the RFI tariff system, the SO SVS/NCR will invoice the consultancy activities carried out by applying the following fees (inclusive of VAT) with reference to the consultancy services regarding the route compatibility control interfaces only “traffic loads and infrastructure load capacity”, “loading gauge”, “train detection systems” and “train length”, as per Annex D1 of the Operation TSI. For the assessment of the remaining route compatibility control interfaces SVS/NCR will assess the additional fee due on a case-by-case basis according to the man-hours spent.

VEHICLES

Electric or diesel multiple-unit COMMERCIAL CIRCULATION

for vehicles that respect the loading gauge G1 € 285,25+ 62,76 (VAT) in addition € 40,75+8,97 (VAT) for DTP € 407,50+89,65 (VAT) in addition € 81,50+17,93 (VAT) for DTP

COMMERCIAL CIRCULATION

for vehicles that do not respect the loading gauge G1

Locomotives

€ 203,75+44,83 (VAT) in addition € 40,75+8,97 (VAT) for DTP € 305,63+67,24 (VAT) in addition € 81,50+17,93 (VAT) for DTP

Driving coaches € 152,81+33,62 (VAT) € 203,75+44,83 (VAT)

Towed on-track machines

€ 101,88+22,41 (VAT) Shunting locomotives € 152,81+33,62 (VAT) € 152,81+33,62 (VAT)

€ 203,75+44,83 (VAT)

Vehicles for infrastructure diagnostics

See amounts for the reference category See amounts for the reference category

Historic rolling stock =========== ===========

If the consultation also refers to other parameters within the meaning of Annex D1 of the OPE TSI, the rates to be applied will be defined separately.

3.4.2 Staff acceptance process [ex 2.7]

The safety staff employed by the RUs (for driving, assistance and preparation of train) must be included in the Safety Certificate lists held and entered in the databases by ANSFISA. The safety staff shall be required to hold and present suitable ID and qualifications to the authorised ANSFISA, according to the format provided for under the applicable legislation.

The RU staff shall be required to communicate with the IM in Italian.

3.4.3 Exceptional transports (refer to 5.4.1) [ex 2.5]

The eligible RU shall submit a request to the IM for the authorisation to undertake exceptional transports. The IM shall then issue the necessary authorisation for a term of no more than 12 months. During the term any number of identical exceptional transports may be carried out, conditional on their having the same characteristics as the authorized transport. The authorisation shall be valid for identical transports with their origin or destination in intermediate stations along the authorized route.