Schienen-Control Kommission

• Network timetable creation

The allocation bodies must submit the applicable network timetable and the documents relevant for its preparation to the Schienen-Control within one month of the network timetable being drawn up. In addition, the allocation bodies and railway infrastructure companies must notify the Schienen-Control of any significant changes in the quality or capacity of the railway infrastructure (Section 65(9) EisbG).

Railway infrastructure companies are obliged to notify the Schienen-Control —if this is necessary for the performance of its tasks—if track capacity (time and space allocation for train journeys) is restricted or unavailable due to unscheduled maintenance work on tracks (Section 65a (4) EisbG).

When drawing up the network timetable, it may happen that the train path requests of those entitled to infrastructure capacity (railway undertakings, shippers, freight forwarders, combined transport companies, etc.) are incompatible. The allocation body must coordinate the requests and negotiate with those entitled to infrastructure capacity in order to reach a mutually acceptable solution wherever possible. The Schienen-Control is entitled to participate in the coordination procedure (Section 65b EisbG).

The Schienen-Control approves the continued collection of charges by the railway infrastructure company in accordance with Section 67a of the Railway Infrastructure Act (EisbG) in the following cases: The track capacity cannot be increased for reasons beyond the company's control, or possible measures are not economically or financially viable (Section 65e EisbG).

The Schienen-Control decides on complaints lodged by entities entitled to track capacity against the allocation body in the event of rejection of a request for the allocation of track capacity and/or the granting of the minimum access package (Section 72 EisbG).

• Service facilities and services

The Schienen-Control decides whether a company is granted an exemption from the application of Regulation (EU) 2017/2177 on access to service facilities and rail transport-related services.

The Schienen-Control decides on complaints concerning access to service facilities and the provision of services (Section 73 EisbG).

The Schienen-Control shall decide on appropriate measures in response to complaints and on its own initiative in order to ensure competition in the rail transport markets – to correct cases of discrimination against infrastructure capacity holders or railway undertakings, market distortions, and other undesirable developments in these markets; in particular, it shall require an operator of service facilities to comply with the provisions of Part 6 or the directly applicable Union legislation regulating the rail transport market with regard to granting access to service facilities, including rail access, and providing services, or prohibit non-compliant behavior in the event of non-compliance (Section 74(1)(4) EisbG) or to declare conditions of use of the rail network, contracts or documents that do not comply with the provisions of Part 6 or directly applicable EU law governing the regulation of the rail transport market to be wholly or partially invalid (Section 74(1)(5) EisbG).

• road tolls

The Schienen-Control is responsible for approving surcharges on the track access charges of a railway infrastructure company, which must be granted if the conditions of Section 67d(1) are met (Section 67d(6) EisbG).

The Schienen-Control is also responsible for approving congestion surcharges levied by a railway infrastructure company for the use of congested lines (Section 65e (4) EisbG).

The Schienen-Control shall decide on appropriate measures in response to complaints and on its own initiative in order to ensure competition in the rail transport markets – to correct cases of discrimination against infrastructure capacity holders or railway undertakings, market distortions and other undesirable developments in these markets; in particular, it shall impose on a charging body, with regard to decisions on the amount of track access charges to be paid, the granting of track access discounts, and the collection of track access charges in the event of non-compliance, the provisions of Section 6. or directly applicable Union law governing the regulation of the rail transport market (Section 74(1)(2) EisbG) or to prohibit non-compliant conduct (Section 74(1)(2) EisbG) or to impose conditions on a charging body with regard to the determination of the level of infrastructure charges to be paid, the granting of infrastructure charge discounts, and the collection of infrastructure charges in the event of non-compliance (Section 74(1)(2) EisbG) or to impose conditions on a charging body with regard to the determination of the level of infrastructure charges to be paid, the granting of infrastructure charge discounts, and the collection of infrastructure charges in the event of non-compliance (Section 74(1)(2) EisbG) or to impose conditions on a charging body with regard to the determination of the level of infrastructure charges to be paid, the granting of infrastructure charge discounts, and the collection of infrastructure charges in the event of non-compliance or directly applicable EU law governing the regulation of the rail transport market, or to declare conditions of use of the rail network, contracts or documents that do not comply with the provisions of Part 6 or directly applicable EU law governing the regulation of the rail transport market to be wholly or partially invalid (Section 74 (1) (5) EisbG).

• passenger rights

The Schienen-Control shall, ex officio, declare conditions of carriage, including conditions of compensation, to be wholly or partially invalid if they violate federal law, directly applicable EU law, or international law (Section 78b (1) EisbG). When declaring the invalidity, the Schienen-Control must also specify the date from which the provisions are to be revised. At the same time as declaring the invalidity in whole or in part, the Schienen-Control must prohibit the railway undertaking, ticket seller, or transport association from using or invoking the provisions that have been declared invalid.

In Schienen-Control event of a passenger complaint regarding fare reimbursement, reimbursement, and assistance in the event of delays or train cancellations, the increased fare or other ancillary fees, and the exclusion from carriage, that the recommendation of the Agency for Passenger Rights due to an alleged violation of applicable provisions of Regulation (EU) 2021/782, the Railway Transport and Passenger Rights Act, or Appendix 1 of the Regulation on the Introduction of the Climate Ticket, in a conciliation procedure in which no amicable solution has been reached (Section 78a (6) EisbG).

• unbundling

The Schienen-Control is also responsible for auditing the separate accounts of integrated railway companies with regard to railway transport companies and railway infrastructure companies, railway transport companies with regard to freight and passenger transport, and public subsidies for the provision of public service obligations in accordance with Regulation (EC) 1370/2007 (Section 55 (5) EisbG).

The Schienen-Control is authorized to verify, or have verified by its representatives, whether railway undertakings and integrated railway undertakings comply with the provisions of paragraphs 1 to 10 of Section 55f of the EisbG. In the case of a vertically integrated undertaking, this power of verification extends to all legal entities. To this end, the Schienen-Control is also authorized to request the submission of all relevant information from stakeholders (Section 55f(11) EisbG) and to draw conclusions from this financial data regarding state aid and report these to the Federal Ministry for Digital and Economic Affairs (Section 55f(12) EisbG).

The Schienen-Control checks whether the provisions on separate accounting for operators of service facilities controlled by a legal entity with a dominant market position are being complied with. If this is not the case, the Schienen-Control must issue a decision requiring the establishment of accounting practices that comply with the law (Section 62a (4) EisbG).

• Examination of economic equilibrium/prohibition on operating passenger transport services

The Schienen-Control exercises the rights and obligations of the regulatory body as set out in the implementing act pursuant to Article 11(4) of Directive 2012/34/EU. The aim is to determine and decide whether to restrict the right of access to passenger transport services if the economic equilibrium of a public service contract would otherwise be jeopardized (Section 57c(2) EisbG).

If the Schienen-Control determines that the provision of high-speed passenger transport services would jeopardize the economic balance of a public service contract, it must indicate possible changes to high-speed transport. The changes should ensure that access rights for the provision of this transport service can still be granted (Section 57c (3) EisbG).

The Schienen-Control must justify its decision. Within one month of publishing the decision on the Schienen-Control website, it must inform the parties concerned of the changes they must make in order to apply for a new review. The following parties must be informed as affected parties: 1. the contracting parties to the public service contract or contracts; 2. the railway infrastructure company affected by the requested access; 3. railway undertakings that fulfill the public service contract or contracts; 4. the railway undertaking requesting access (Section 57c (5) EisbG).

• connecting railways

The Schienen-Control decides on complaints if contracts concerning connection to or shared use of railway infrastructure are not concluded (Section 53c EisbG).

• Terms and conditions of use for the rail network

The Schienen-Control shall review the draft terms and conditions for the use of the rail network drawn up by the infrastructure operators immediately after their completion (Section 59(7) EisbG).

The Schienen-Control reviews the rail network usage conditions of infrastructure operators, which must be submitted within one month of their creation or amendment (Section 59(8) EisbG).

• Competition supervision (Section 53f EisbG): The Schienen-Control is required to examine ex officio whether connection to and shared use of railway infrastructure is granted in a manner that complies with regulatory requirements.
  
  
• Review and monitoring (Section 55i EisbG): The Schienen-Control reviews and monitors cooperation agreements (in particular with regard to their implementation) between a railway infrastructure operator and one or more railway undertakings that are intended to bring benefits (lower costs or higher performance) to the customers of the railway undertakings.
  
  
• Competition monitoring (Section 74(1) EisbG): broad definition of the responsibilities of Schienen-Control . Demonstrative list of individual responsibilities under Section 74(1)(1) to (15) EisbG, among others.
  
  
  • Section 74(1)(12) EisbG: Determination of whether the provisions of Section 55c EisbG on the independence of the railway infrastructure company are being complied with. If this is not the case, compliance with the provisions of Section 55c EisbG must be ordered.
    
    
  • Section 74(1)(13) EisbG: Determination of whether the provisions of Section 55d EisbG on the independence of the essential functions of a railway infrastructure company are being complied with. If this is not the case, compliance with the provisions of Section 55d EisbG must be ordered.
    
    
  • Section 74(1)(14) EisbG: Determination of whether the provisions of Section 55e EisbG on traffic management, maintenance planning, and long-term planning of major maintenance and/or renewal work are being complied with. If this is not the case, compliance with the provisions of Section 55e EisbG must be ordered.
    
    
  • Section 74(1)(15) EisbG: Determination of whether the provisions of Section 55f on financial transparency are being complied with. If this is not the case, compliance with the provisions of Section 55f must be ordered.
    
    
  • 74(1)(16): Determination of whether the provisions of § 55g on the outsourcing of functions and work of the railway infrastructure company are being complied with. If this is not the case, compliance with the provisions of § 55g must be ordered or, if this is not possible for the railway infrastructure company for legal reasons, the underlying contracts must be declared invalid.
    
    
  • 74(1)(17): Determination of whether the provisions of § 55h on the performance of functions by different railway infrastructure companies are being complied with. If this is not the case, compliance with the provisions of § 55h must be ordered or the underlying cooperation agreements must be declared invalid.
    
    
  • Section 74(1)(18): Declaration of invalidity of cooperation agreements between railway infrastructure companies and one or more railway undertakings (Section 55i) if they were not concluded in a non-discriminatory manner.
    
    
• Recommendations from the Schienen-Control to the Federal Minister for Climate Protection, Environment, Energy, Mobility, Innovation, and Technology, or from the latter to the Schienen-Control : If decisions made by Schienen-Control could compromise safety, the regulatory authority must give the responsible federal minister the opportunity to submit recommendations. Conversely, the competent federal minister must give the Schienen-Control the opportunity to make recommendations if a decision could restrict competition in the rail transport market (Section 13 (5) and (6) EisbG).
  
  
• The Schienen-Control is entitled to participate as an observer in the annual coordination meeting between the main railway infrastructure company, the entities entitled to use the infrastructure, and the Federal Minister for Climate Protection, Environment, Energy, Mobility, Transport, Innovation, and Technology. This meeting deals with the demand for track capacity, the content and implementation of the conditions for use of the rail network, and the quality of the services provided by the main railway infrastructure company (Section 55j EisbG).
  
  
• The Schienen-Control enforces decisions in the area of regulation (Section 84(9) EisbG).
  
  
• The Schienen-Control imposes administrative penalties for certain violations of regulatory provisions (Section 164 EisbG).
  
  
  • Section 164(1)(23) EisbG: Anyone who fails to comply with orders issued by the Schienen-Control (pursuant to Section 74(1)(12) to (15) EisbG) is guilty of an administrative offense and shall be fined up to EUR 7,000 by the Schienen-Control .
• • Section 164(1)(24) EisbG: Anyone who fails to implement measures taken in decisions of the Schienen-Control (pursuant to Section 74(1) EisbG) to ensure competition in the rail transport markets shall also be punished. The measures serve to correct cases of discrimination against entities with track capacity rights or railway undertakings, market distortions, and other undesirable developments in these markets.
    
    
• Schienen-Control may be authorized by the Schienen-Control to perform certain tasks on behalf of the Schienen-Control if this is in the interests of expediency, speed, simplicity, and cost savings (Section 81 (4) EisbG). For example, with regard to market observation, cross-border cooperation with other regulatory bodies, observer status in the coordination procedure, and consultation with those entitled to track capacity on the draft network timetable.
  
  
• The Schienen-Control may approve framework regulations on the allocation of track capacity to a track capacity holder with a term of more than ten years (Section 64(5) EisbG).
  
  
• Arbitration board for disputes concerning voluntarily granted access pursuant to Section 75b EisbG: If a railway undertaking voluntarily grants another railway undertaking access to its railway facilities without being under any obligation to do so, a written contract must be concluded for this access. This contract may stipulate that, in the event of a complaint, the railway undertaking with access rights may refer the matter to the Schienen-Control as an arbitration body.
  
  
• The Schienen-Control decides whether to grant exemptions from the obligations arising from the provisions on the regulation of the rail transport market. These include, for example, an exemption from the obligation to draw up conditions for the use of the rail network (Section 75a (3) EisbG). These exemptions may be granted to railway undertakings whose railway infrastructure is needed to reach freight terminals, ports, other service facilities, or connecting railways. In particular, these exemptions shall be granted if no third party has requested access to the railway infrastructure.
  
  
• The Schienen-Control decides on complaints regarding the training of railway employees (Section 75e EisbG) and train drivers (Section 154 EisbG).
  
  
• The Schienen-Control follows rules of procedure that it sets for itself in accordance with the EisbG. In addition, it applies the General Administrative Procedure Act (AVG) in administrative proceedings, the Administrative Penal Act in criminal proceedings, and the Administrative Enforcement Act in enforcement proceedings (Section 84 (1) EisbG).
  
  
• In practice, in addition to the members, the alternate members usually also attend the meetings of the Schienen-Control in order to ensure an optimal level of information and thus continuity in the event of representation.