SECTION 5 SERVICES 5.1 LEGAL FRAMEWORK. see section CLASSIFICATION OF SERVICES

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SECTION 5 SERVICES 5.1 LEGAL FRAMEWORK see section 1 5.2 CLASSIFICATION OF SERVICES 5.2.1 BASIC ACCESS PACKAGE - Processing of infrastructure capacity applications for the purpose of concluding the contracts; - Use of allocated capacity; - Use of points and connecting tracks; - Control and regulation of train traffic, signalling and train routing and communication of all information on traffic; - Use of the electrical power supply system for the traction electricity, if available; - Any other information needed for performing or managing the service for which the capacity has been granted. 5.2.2 MANDATORY SERVICES - Access to fuel supply facilities; - Access to passenger stations and attached buildings and installations; - Access to freight stations and terminals; - Access to yards and sidings for train marshalling and formation; - Access to yards, sidings and buildings for standing, parking and storing rolling stock and goods; - Access to maintenance facilities and all technical infrastructures; - Shunting operations; - Controlling the transport of dangerous goods; - Assistance to special trains; - Maritime rail link to/from Sicily (Villa S.Giovanni Messina route) and Sardinia (Civitavecchia Golfo Aranci route). - Access to GSM-R telecommunications network for ground-to-train connections. 5.2.3 COMPLEMENTARY SERVICES - Traction electricity supply; - Pre-heating and climatisation of passenger trains; - Fuel supply; - Water supply; 5.2.4 ANCILLARY SERVICES (updated to December 2006) Supply of complementary information; Train path feasibility studies; Opening/enabling of installations and/or closed/unmanned lines; Technical verification of rolling stock. 65

5.2.5 DESCRIPTION OF BASIC ACCESS PACKAGE SERVICES (updated to December 2007) Processing of infrastructure capacity applications for the purpose of concluding the contracts This includes all the preliminary activities needed to conclude the Contract: - checking whether the RU holds the prescribed requirements, license, entitlement document and safety certificate, with reference to the period of validity of the contract; - receipt of applications and verification of their consistency with the characteristics of the railway infrastructure; - verification of the availability of the requested capacity and related confirmation; - drafting and notification of the detailed working timetable; - economic development of the train paths; - drafting of the Contract and formal allocation of the train path. Usage of allocated capacity Comprises the activities needed to ensure: - as regards the lines: a) their availability for transport services; b) their quality, meaning the performance characteristics of the infrastructure, needed to use the allocated train path. as regards passenger stations: their availability, within the timeframe relating to the allocated train path, in the intermediate stations, or of the station plan in the origin/destination stations, of a departure/arrival track for the time needed to carry out the commercial services; use of lighting installations; o as regards goods facilities: availability of arrival and departure tracks for the time resulting from the station schedule; availability of loading and unloading sidings for the performance of commercial services, in accordance with the station schedule; use of lighting installations. Usage of points and connecting tracks This includes the use of points and connection tracks, along the line and at stations, and of alarm installations along the line, necessary for using the train path. Control and regulation of train traffic, signalling and train routing and communication of all traffic information This includes, within the timeframe of the opening times of the lines and installations, as indicated in section 3: - the orderly operation of the train services along their prescribed route and the communication of any special traffic situations (slowdowns, interruptions/detours, speed limits, etc.). - signalling or the indication of the condition of freedom or occupation of an infrastructure and on train distancing, and on the speed limits of the sections concerned. 66

Usage of the electric power supply system, where available This includes the use of the: - overhead line for electrical traction; - transformer rooms and equipment for transforming electrical power; - electricity distribution installations, for the time needed to use the train path; Any other information needed for performing or managing the service for which the capacity has been granted Includes the following information that the IM is obliged to provide to the RU, based on the systems and equipment currently available at the single facilities: - as regards the schedule, the detailed train path and related information (origin, destination, route, stops, times, arrival and departure tracks at the stations, operating days); - as regards the actual performance of services, any significant variations to the above information and the reasons therefor. In particular, as regards the information on the performance of relevant transport services, the RU parties to the contract shall be granted direct access to the following IM information systems, through a number of workstations based on the number of purchased train paths, as defined in paragraph 6.3.3: PICWEB with the following modules: 1. Operational Management Variations : a module for handling Operational Management variation requests via a WEB interface 2. Timetable Traffic Monitoring : a module for monitoring and controlling traffic by means of timetable information updated in real time. 3. Historical Traffic Data : a module for producing and viewing reports and analyses relating to historical traffic data and the state of the infrastructure. The IM is required to provide the following information to passengers, at train stations, in accordance with the quality indicators and standards set out in the applicable RFI Charter of Services, by means of: - timetables and/or arrival and departure display screens; - passenger announcements; - station signs for the common areas. For the use of the railway infrastructure and the services making up the minimum access package, the RU shall pay the IM a charge, based on the criteria set out in DM 43/T of 21.3.2000, as subsequently amended and supplemented and taking account of the charge discounting provisions referred to in DM 44/T of 22.3.2000 and the application regulations thereof in DM 92/T of 11.7.2007 (the unabridged text of which is provided in the Appendix to Section 6), besides the provisions in article 1(970) of Law 296/2007 and article 26(c) of D.Lgs. 162/2007. Each Contract shall specify the total access charges and any costs for the electrical power supply and services. 67

5.2.6 DESCRIPTION OF MANDATORY SERVICES (updated to December 2007) In addition to the services outlined in paragraph 5.2.1 above, the IM shall supply, on request of the RU, at fair, transparent and non-discriminatory conditions, the services as follows, which should generally be requested to the IM on submission of the train path application. The definition of the guidelines for the production and purchase of the following mandatory services by the RUs shall be set out in the DM under Article 17(11) of D.Lgs. 188/2003. Access to fuel supply facilities This service comprises all the activities needed to allow the RU to use the fuel supply facilities, including the preparation of the necessary routings to access them. Access to passenger stations and attached buildings and installations The service comprises the activities needed to allow the RU to use the arrival track for A/D, for the time specified in the technical schedule of the train path or the station schedule, and the buildings and installations open to the public; it also includes the provision of cleaning services of the common non-retail areas in the stations, such as halls, access premises, underpasses and WCs, in accordance with the quality standards set out in the applicable Charter of Services of RFI S.p.A. Access to freight stations and terminals The definition of the general guidelines relating to the production and purchase of the service by the RUs shall be set out in the DM referred to in Article 17(11) of D. lgs. 188/2003. This service shall include, where available, handling services by means of fixed crane equipment. Access to train marshalling and formation yards and sidings The definition of the general guidelines relating to the production and purchase of the service by the RUs shall be set out in the DM referred to in Article 17(11) of D. lgs. 188/2003. Access to yards, sidings, depots and other buildings for standing, parking and storing rolling stock and goods The service includes all the activities needed to allow the RU to use yards, siding and tracks not needed for train traffic and declared suitable and available for parking. The exclusive use of specific holding tracks shall not be guaranteed. The IM shall be under no obligation to take care of the rolling stock parked there. In the event the actual standing time exceeds the time indicated in the agreement, for reasons attributable to the RU, the IM may remove the rolling stock and charge the related expenses to the RU causing the inconvenience, moving it to specific sidings at the facility or to the nearest facility with available space, according to procedures similar to those prescribed for infrastructure clearance operations. The service also includes the routing and traffic regulation operations in connection with the movement of the rolling stock from the arrival or parking sidings to the sidings equipped for technical/stabling operations. Access to maintenance and other engineering facilities The general regulation guidelines relating to the production and purchasing of the service by the RU shall be set out in the DM referred to in Article 17(11) of the D. lgs. 188/2003. 68

Shunting services The general regulation guidelines relating to the production and purchasing of the shunting services and to the self-performance thereof by the RU shall be set out in the DM referred to in Article 17(11) of the D. lgs. 188/2003. In the case of self-performance of the shunting operations, the procedures set out in the Appendix shall apply, while awaiting the issuing of the relevant DM. Monitoring the carriage of dangerous goods This service consists in monitoring regular transport traffic and coordinating and implementing emergency preparedness plans, including the preliminary and operating actions required by the undertaking and any actions that should be necessary in emergency situations. Assistance to special trains This service consists in: - the preparation of a schedule of trains making exceptional transports and in issuing the authorization for the operation of these trains; - monitoring the regular operation of the transport services and, if envisaged, providing a train escort service manned by IM staff. Maritime rail link to/from Sicily (Villa S.Giovanni Messina route) and Sardinia (Civitavecchia Golfo Aranci route) The IM shall ensure the rail link by sea between the mainland and Sicily (Villa S.Giovanni- Messina route) and Sardinia (Civitavecchia-G.Aranci route) and back. The rail link by sea between the mainland and Sicily, ensuring the continuity of the train path, may concern goods wagons, also containing dangerous and harmful goods, and passenger carriages with the passengers on board. The rail link by sea between the mainland and Sardinia does not concern passenger carriages and may concern goods wagons, excepting wagons containing dangerous and harmful goods and empty passenger carriages. The rail link shall comprise the following services: - loading operations (transfer of the rolling stock from the arrival siding to the embarcation point, without any changes to the train formation, and subsequent embarcation onto the ferry); - ferry crossing; - unloading operations (disembarcation of the rolling stock from the ferry, transfer from the disembarcation point to the train departure siding, without any changes to the train formation); The rail link does not include any other service requested by the RU, which shall, therefore, be subject to extra charging. The IM undertakes to provide the carriages with electric power throughout the ferry crossing, unless proven technical reasons make this impossible. The RU undertakes to comply with the maximum load prescriptions applicable to the carriages and to present wagons containing dangerous goods only for expressly designated trips. The RU undertakes, in this case, to comply with the applicable regulations and to take all the necessary steps to ensure the transport safety of the wagons containing these goods. 69

The IM shall take over the carriages and wagons for the ferry crossing from the moment in which the RU makes them available for embarcation and shall return them to the RU after completion of the disembarcation operation. The IM, however, shall not be responsible for any loss or damage to the goods and/or injury to persons occurring before the carriages and wagons are made available to it by the RU and after the disembarcation operation. During the embarcation/disembarcation operations and the ferry crossing, the IM shall be responsible for any loss or damage to the goods and/or injury to persons occurring in connection therewith, unless it can be proved at the event occurred through no fault of its own. Access to the GSM-R telecommunications network for ground-to-train connections This service is described in paragraph 3.2.3 and governed according to article 6 of Contract (see Appendix 1 to Section 2 and Appendix 1 to the new subsection of Section 2). 5.2.7 DESCRIPTION OF THE COMPLEMENTARY SERVICES The definition of the general guidelines relating to the production and purchase of the services by the RUs shall be set out in the DM referred to in Article 17(11) of D. lgs. 188/2003. On the RU s request, which shall be made at the presentation of the train path application, or two months before the delivery of the service, in the event the train paths have already been allocated, the shall provide the following services, subject to their availability: Traction electricity This includes the supply of electricity for traction purposes, of the quality and in the quantity needed to use the allocated train path. The electrified lines are indicated in section 3. Pre-heating and climatisation of passenger trains This service consists in the supply of the electricity needed to carry out the activities directly by the IM, through the traction vehicle, or by any other means/instrument authorised by the IM, before the train enters the allocated path. Fuel supply The definition of the general guidelines relating to the production and purchase of the service by the RUs shall be set out in the DM referred to in Article 17(11) of D. lgs. 188/2003. Water supply This service consists in the supply of water to the rolling stock. The IM shall provide this service directly. In the event the service is not provided by the IM, its provision shall be subject to an agreement entered into directly by the supplier and the Applicant RU. 5.2.8 DESCRIPTION OF ANCILLARY SERVICES (updated to December 2007) On the RU s request, the IM may supply the ancillary services as follows, subject to the conclusion of agreements to be freely entered into by the parties, at fair, transparent and nondiscriminatory conditions. The definition of the general guidelines relating to the production and purchase of the ancillary services by the RUs shall be set out in the DM referred to in Article 17(11) of D.Lgs. 188/2003. 70

Provision of additional information On the RU s request, and with reference to the movements of its trains, the IM will provide further access to its information systems as follows, in addition to the access already granted under the minimum package: PICWEB with the following modules: 1. Operational Management Variations : a module for handling Operational Management variation requests via a WEB interface 2. Timetable Traffic Monitoring : a module for monitoring and controlling traffic by means of timetable information updated in real time. 3. Historical Traffic Data : a module for producing and viewing reports and analyses relating to historical traffic data and the state of the infrastructure. 4. Monitoring Train Traffic with Train Graph : a module that also includes the Train Graph display, in addition to the display for viewing traffic in timetable format. PIC RU Back End with the following modules: 1. Operational Management Variations : a module for handling Operational Management variation requests via a direct interface between RU s and IM s systems 2. Data supply via WEB Services: the provision of all RU traffic data such as to allow the RU to import the data and use it in its own systems. Opening/enabling facilities and/or closed/unmanned lines On RU s request, the IM may make available: any lines and/or facilities outside the opening/enablement period given in Section 3; the systems classified as SI* in Appendix 2 (access to which must be requested at the submission of the train path applications and, in any case, no later than 30 days before the date of inception of the service for which the facilities are required). In this case, the RU shall be charged for any extra costs incurred by the IM in connection therewith, besides the ordinary access charge. Feasibility studies relating to train paths Based on the RU s requests, this service may consist in the following: - in the general determination of the path travel time and relevant economic estimate, or - in the detailed production of train paths, outside the formal allocation process, arranged in accordance with and tailored to the infrastructure in which they will be developed, to the extent in which they are known at the time. This service is open to all Applicants, within the meaning of section 1. The application does not feature any deadlines, regardless of whether it refers to the current or the next working timetable(s). Similarly, the communication of the results of the studies by the IM is not subject to fixed processing times. The IM, however, shall proceed as rapidly as possible, consistently with its obligation to comply with the schedules relating to the production of the train paths requested under the formal allocation process. The notification of the results of the train path feasibility studies by the IM is purely indicative and not binding. Technical verification of rolling stock The general regulation guidelines relating to the production and purchasing of the service by the RU shall be set out in the DM referred to in Article 17(11) of the D. lgs. 188/2003. 71

Appendix 1 to Section 5 (updated to December 2006) Procedure for self-performed shunting operations at facilities operated by the IM and used by the RU Subject These guidelines concern the shunting of locomotives and other rolling stock at a railway facility, performed after the arrival of a train or before its departure and, in any case, from/to the sidings as follows: - arrival/departure sidings constituting the destination/origin of the allocated train paths; - for train formation purposes, at intermediate stations; - for loading/unloading and other terminal operations. General criteria The sidings on which the train formation, split-up and reorganisation operations are carried out generally differ from the through tracks. The scheduling and coordination of operations employing non-independent through and/or station tracks with areas used by the RU, shall be the responsibility of the IM. Shunting operations and duties Following is the succession of shunting operations and the party responsible for them (in brackets). The operations for arriving trains are the same as those for departing trains, albeit performed in the opposite order. - The locomotive is uncoupled from the train (RU); - The locomotive is then moved from the through track to the secondary sidings: a) Routing and authorisation (IM); b) Performance, direction, control and supervision of the shunting operations, including the piloting, if necessary (RU); c) Arrival of the shunting locomotive (RU); d) Coupling of the shunting locomotive and subsequent operations (RU). The rolling stock is then moved to the destination sidings and the relevant formation/splitting-up of the train is carried out: Routing and authorisation (IM - in the case of routes with centralized-control points; RU - in the case of routes with hand-operated points, except the case of turnout from the through track, which is the duty of the IM); Performance, direction, control and supervision of the shunting operations, including the piloting, if necessary (RU). o Unloading of wagons (freight services only) o With fixed cranes (IM, who may perform the service directly or through third parties); o With crane vehicless (RU). The RU may perform the operations for which it is competent, maintaining the responsibility therefor, also through another RU or a third party holding safety certification. The IM may carry out some of the operations for which the RU is responsible (the piloting, for example), on the latter s request, as services not included in the access charge and the relevant 72

charge of which shall be determined, each time, based on the resources employed and any other costs incurred by the IM for the supply thereof. As regards remote-controlled lines: - as a rule, if there is no centralized communication system for incoming/outgoing through-track turnouts, the stations should be manned by the IM; in specifically authorised cases at local level, the RU personnel with the required qualifications and applying the safety provisions regulating the matter, may carry out the communications operation or movable scotch blocks to protect the through tracks, provided with suitable unblocking device; - if there is a centralized communication system for the incoming/outgoing through-track turnouts, the stations need not be manned by the IM, who, however, remains competent for authorising the shunting operations; - operations other than the authorisation of the shunting are in any case the responsibility of the RU; - if the stations on the aforementioned lines are used by more than one RU, they must in any case be manned by the IM, unless the shunting operations are scheduled in nonconcomitant periods and authorised each time by the IM. The Shunting Schedule; Regulating relations between the IM and one or more RUs The coordination of the aforementioned operations in respect of all trains received at the facility is performed according to a programme that is defined at the inception of each working timetable, and which is called Shunting Schedule, which is updated each time changes are made to the facility s relevant train paths (in the case of intermediate adjustments or under short-term measures). Timetabling The IM defines the general specifications for ensuring that the shunting operations take place safely and regularly, and to exploit the infrastructure capacity in the best possible manner, as well as the typical specifications for using the infrastructure, and communicates them to the relevant train path allocatee at least four months before the effective date of the working timetable. The Shunting Schedule is prepared consistently with the specifications provided by the IM, at least two months before the working timetable is changed by the RU receiving the train paths, subject to prior agreements between the RUs if they are operating the same infrastructure, and is submitted to the IM for approval. If no agreement is entered into by the RUs, the Shunting Schedule is defined by the IM, who resolves any disputes in accordance with the following priorities, given by order of application: - priority is given to shunting operations to/from sections of the infrastructure for public use, compared to those to/from private sections of the infrastructure or those used exlusively by the RU; - the shunting operations of arriving trains are given priority over the shunting of departing trains, unless the infrastructure has been declared congested; - between shunting operations in arrival (or departure) priority is given to the time-based succession of the allocated train paths, unless indicated otherwise by the RU holding the 73

train path, if there is inconsistency between the train paths of the same RU and as long as this does not limit the infrastructure s capacity. Once the Shunting Schedule has been approved by the IM it enters immediately into force. Changes during the current working timetable In the case of changes to the train paths during the current working timetable, the Shunting Schedule is updated according to the procedure indicated in the previous paragraph, in particular, in the case a new RU enters the infrastructure. The process schedule is connected to that envisaged for the conclusion of contracts in accordance with section 4. Ordinary management Although each basic operation is carried out according to the indications set out under shunting operations and duties, the responsibility for coordinating the management of the shunting plans is assigned to a single person for each facility, or part of a facility, in the case of complex facilities. In the facilities operated by more than one RU, the aforementioned person is appointed by the IM and his name is notified to the RU. In the case of facilities operated by a single RU, the IM may delegate this responsibility to the RU, subject to the formal identification, by the RU itself, of the persons assigned to this position and the verification by the IM that they hold the necessary qualifications and technical skills. Generally speaking, in the settlement of disputes between shunting operations, in the case of traffic disturbances, the same rules of priority already specified for the scheduling phase are adopted. Managing emergencies In the event of emergencies occurring at the facility, the management thereof is the responsibility of the IM. If emergency situations occur outside the facility, such as to cause large-scale disturbance to train movements and the path schedule undergoes contingent changes compared to the normal situation (cancellations, reroutings, etc.) the shunting schedule is consequently adjusted by the responsible party, in accordance with the ordinary management procedure, generally in line with the priority rules indicated in the shunting operations and duties paragraph. Connecting tracks For connecting tracks linked to the station tracks, the operations in the area pertaining to the IM are regulated by local provisions consistent with the present guidelines. In the case of connecting tracks linked to the full line, the criteria and procedures for the allocation and the operational management of the train paths apply, with reference to the route between the connecting track junction and the support station. 74