Law 38/2015, of September 29, on the railway sector

TITLE I General provisions

Article 1 Object of the law

regulation, in the area of the State's competence, of the railway infrastructure of the
safety in railway circulation and the provision of transport services
passenger and freight rail services and those provided to railway companies
in the service facilities, including the supplementary and auxiliary ones

Article 2. Purposes of the law.

The purposes of this law are the following:

a) Ensure a common railway transport system within the territory of the State.
b) Meet the needs of society in the field of rail transport to the maximum
degree of effectiveness.
c) Facilitate the development of the common European policy on rail transport,
favoring the interconnection and interoperability of railway systems and the
intermodality of transport services.
d) Determine the guidelines to coordinate the actions of the different bodies of the
public administrations with competencies in areas that may impact the sector
railway.
e) Separate the legal regime applicable to railway infrastructures from that of the
transport services that are provided on them.
f) Regulate the construction of railway infrastructure and the development of new
state competition transport services and promote territorial, economic and
social.
g) Ensure the efficiency of the state railway system through proper
utilization of available resources.
Regulate the licensing system that allows access to the market
of the railway companies.
i) Regulate access to the railway infrastructure through a procedure for the
awarding of capacity based on the principles of objectivity, transparency, and non
discrimination.
Promote competition conditions in the provision of transport services
railway workers, in accordance with what is established in it, with respect to the principles of
objectivity, transparency and non-discrimination.
k) Establish the criteria for the provision of railway transport services
travelers and goods is carried out efficiently, continuously, and under ideal conditions of
security.
l) Promote the provision of rail services under safe conditions, define
the responsibilities that in this matter fall on all agents operating on the Network
General Interest Railways and determine the powers of the national authority responsible
of railway security.
m) Regulate the investigation of railway accidents and incidents and the powers and
operating rules of the Railway Accident Investigation Commission.
n) Protect the interests of users, with special attention to people with
disability or reduced mobility, ensuring their rights to access services
rail transport of passengers in adequate conditions of quality and safety and to the choice
from the company that lends them, as well as the provision of comprehensive assistance to the victims in
railway accident case.
 TITLE II The railway infrastructure
CHAPTER I General provisions

Art 3 The railway infrastructure.

railway infrastructure passenger transport stations and transport terminals

of goods and the entirety of the elements that are part of the main tracks and of the
of service and the diversion branches for individuals, with the exception of the tracks located
inside the repair workshops

Article 4: The General Interest Railway Network.

integrated by the railway infrastructures that are essential to ensure a

common railway transport system throughout the territory of the State

Minister of Development agrees, at all times, the inclusion in the Railway Network of Interest.
General, on new railway infrastructures when reasons of general interest so require.
justify, prior report from the affected autonomous communities. If it were to proceed in a single
An autonomous community would need to consent to be included in the RFIG.
The ministry of development may exclude a railway infrastructure after a report from the autonomous communities.
whenever the reasons for their inclusion disappeared. It will be transferred to the Autonomous Community and the
the transfer file will be promoted at the request of the Autonomous Community or Ministry of Development and
resolved by the Council of Ministers.

All the IFs that are part of the RFIG will be included in the Infrastructure Catalog.
railways of the general interest railway network (CIFRFIG) there will be lines and sections with
origin and destination and brief technical characteristics, passenger transport stations and
freight transport terminals.
The Ministry of Development establishes and modifies the catalog. It will be reviewed and published every 3 years.
in the BOE.

The Ministry of Development and Defense will arbitrate the necessary measures.

CHAPTER II Planning, project and construction of railway infrastructure

members of the General Interest Railway Network

Art 5 Planning of railway infrastructure components of the Railway Network of Interest

General.
The Ministry of Development will do it and it will last for 5 years renewable upon the advice of the advisory council.
promotion and affected autonomous communities.

For a new line, section, or modification, approval from the Ministry is required.
of promoting informative study (Analysis, definition in geographical aspect as
functional and operational of a specific action, selection of the most alternative
recommended as a proposed solution. It will include an environmental impact study of the
proposed options. It will be the basic document for the corresponding evaluation
environmental.

NOT study on replenishment, conservation, widening of the platform, duplication of

via. Those that do not imply a substantial modification of the layout of the lines
existing. Nor to establish passenger stations and halts and terminals
of small-sized goods.
 Through the study: the Ministry of Development will forward it to autonomous communities and local entities.
affected, within a 1 month deadline. If anyone is dissatisfied, the Ministry of Development
a consultation period of at least 2 months will open. If there is still a disagreement, it will be raised to the
The Council of Ministers will determine and what has been agreed must be done within a period of 1 year.
since the approval.

The Ministry of Development (MF) will inform the public for a period of 30 days.
(audience and public information). In 30 days, MF will also request a report from the
railway companies and the Infrastructure Manager regarding the conception
global of the projected layout and the functional or operational aspects included
in the computer study.
Once the deadline has passed, the MF will send the file to the Ministry of Agriculture.
Food and Environment. Once this is completed, the MF formal act of approval of the
informative study.
If 10 years pass since the study approval and no works have begun, it will remain without
effect.

Article 6 Approval of projects, construction, and commissioning of infrastructure

railway members of the General Interest Railway Network.

The approval of the Infrastructure Administrators (ADIF) corresponds to

basic projects and their construction.

For new infrastructures or those that significantly modify, modifications

of projects, will inform the railway companies, of the Ministry of Finance, and the
State Agency for Railway Safety before approval.
If 5 years have passed since the approval of a project and the works have not started,
will be null and void.

ADIF supervises and disappoints the work. Before the operation of any
infrastructure needs authorization from the State Agency for Railway Security

Article 7 Impact of railway infrastructures on urban planning.

Municipal control.

For urban projects that modify railway lines, sections, or other elements,
you must submit the project to the MF, which will have 2 months to prepare the report on the
appropriate observations. If after 2 months the report is not available, it will be understood that
The MF will be satisfied with the Project.

No approval of territorial and urban planning instruments that contravene

previously approved studies definitely.

If it is in the approval process, the administration regarding management

territorial or urban planning in each case to the area affected by the suspension for 1 year and
extendable for 6 more months by the MF.

Construction, repair, or maintenance work on railway lines is of interest.

Projects communicated to the competent Urban Planning Authority that will verify
 adaptation to the study. If a month passes since issued without communication, it will be
favorable.

Art 8Steps to level.

Adif will be able to modify PN.

ADIF with AP with competence in road matters will proceed to eliminate PN and in
in your case, substitution of PN at a different height. For substitution, no procedure will be necessary.
of public information when it does not modify the functionality of the affected line.

For new PN to submit to the Urban Planning Administration report, being favorable in the past
1 month from the receipt of the documentation if it has not been resolved.

No PN if it occurs within industrial areas or ports or access to them

whenever: the managing entity of the lines shares with the road manager
the traffic ordering, preference at each point established. The maximum speed will be
from 40 for trains.

Nor those that are also used for light rail trams...

Article 9 Railway service zones

The MF may delimit the areas.

The establishment of a Railway Service Zone through a project of

Delimitation and use of railway spaces. It will include activities to be developed accordingly.
as justification and convenience. Prepared by ADIF and approved by MF.

Article 10 Urban planning consideration of service areas.

ADIF will develop a project for the special zoning plan, approve authority
competent urban planning. Before approval, it is with ADIF to issue a report.
about the issues of your competence in a month for works that will be carried out in
railway service area.
If 6 months pass and there is no transfer to ADIF or there is disagreement, the Urban Planning administration will not
will be able to approve it. Opening a two-month negotiation process. If there is no agreement, it
it will be submitted to the Council of Ministers.
Works in railway service area, request approval from the Administration before carrying them out
An urban report will be favorable if a month passes without being sent.

Article 11Closure of lines or sections of the railway infrastructure.

The Council of Ministers, at the request of the MF upon request by ADIF, may close it.

Before the request, ADIF will consult with railway companies.

Before the closure, MF will inform the affected autonomous communities and local entities. If not
They would assume administrative costs, the Council of Ministers will close it. If they keep it.
MF, ADIF and entities that keep it will sign an agreement (with maintenance.
etc etc)

CHAPTER III Limitations on property

Article 12: Public domain area, protection zone and building limit.
Article 13 Public domain zone.
Land of the railway lines and an area of 8m on each side from the outer edge of
Explanation. It can be lower for justified reasons. If the land does not allow defining.
The outer edge of the explanation will be 3 m from the axis counting from the edge.
external of the outer track.

Article 14 Protection Zone.

Between the household zone and 70 m from the outer edge of the embankment.

In urban or developable land, there will be a 5m public domain zone and an 8m protection zone.
from the edge. It can be reduced by ADIF following a prior report to the State Agency for Security
Railway (AESF) never public domain less than 2m

Article 15 Construction Limit.

50m from the nearest outer edge to the platform (Outer edge of
platform). Online for urban land will be 20m from this edge. It may be less than
The characteristic function of the lines will be ADIF prior report to AESF and sections
significant. Likewise, upon prior request and processing by the interested party, it will be
ADIF will send it to the AESF.

Article 16 Other limitations related to public domain and protection areas.

It will require authorization from ADIF, whether fixed provisional, tree planting...

Works in public domain or protection areas whose purpose is to safeguard landscapes or

constructions or noise restrictions, funded by the promoters.

Work in public domain area when ADIF authorizes it as necessary for

railway service provision or a service of general interest. Exceptionally and
motivated justification, crossing the public domain zone both aerial and underground for
works.

In the protection zone, no works or uses except those that are compatible with security.
of the railway traffic, subject to ADIF's authorization

Article 17 Expropriation of property located in the protection zone up to the boundary line
building.

From the building limit line to the ADIF protection zone, a request can be made to the MF.
expropriation of assets, justifying its interest.

Art 18 Illegal works and activities in public domain or protected areas

railway infrastructure.

Government delegates at the request of ADIF, MF or AESF may close them. Deadline of 2
months. Or licenses or demolition of works.

CHAPTER IV The management of railway infrastructure

Article 19 Content and scope of the management of railway infrastructures.
the maintenance, operation, and renewal of those, as well as
management of its control, circulation, and security system. The MF may assign
public or private entity functions of ADIF for construction or administration or only
admin. Of a specific infrastructure that is or will be part of the
RFIG. If so, the supervision and approval of projects will be carried out by the MF.

Article 20 Minimum access package to railway infrastructure and mechanisms of

coordination and cooperation

The National Commission on Markets and Competition will ensure coordination.

between ADIF with service facility operators and loaders, companies
railway and authorized candidates.

ADIF will publish in the network statement the coordination mechanisms implemented.
in progress and will develop and publish guidelines for prior consultation coordination
with stakeholders and will publish an annual report on their website
recap of the coordination activities undertaken.

For effective and efficient railway services in the EU, the main
ADIF will participate in meetings at regular intervals.

The coordination established in accordance with this section shall not affect the
right of interested parties to file complaints with the Commission
National Markets and Competition nor to the actions taken by it ex officio.

Article 21 Independence and impartiality of the railway infrastructure administrator.

Financial transparency and outsourcing of its functions.

CHAPTER V Legal regime of the general infrastructure administrators

railway

Article 22 General administration of the infrastructures of the General Interest Railway Network.
It will correspond to one or several public entities affiliated with the MF.

Through a Council of Ministers agreement proposed by MF, they will approve the change of
the administration of an element of the RFIG may manage another different entity that
meets all the criteria also affiliated with MF.

Article 23 Functions of the general administrators of railway infrastructures.

Approval of basic projects and their construction being of subsidiary nature according to
determination of the MF, Construction with external resources of Infrastructures
railway, admin. of railway infrastructure (IF) of sustainability, control
supervision and inspection of the IF and circulation on this, exploitation of its assets,
Drafting, approval, and publication of the statement on the network. Awarding of
infrastructure capacity for railway companies (EF)… see pdf.

Article 24 Administration and construction of railway infrastructure by the administrators

general railway infrastructure.
 Contracts between the public and private sectors are a maximum of 40 years, if the value is >=12M€.
approval of the file will require authorization from the Council of Ministers and a report from the
Ministry of Finance and Public Administration.

Article 25 Economic contributions of the State. Agreements and activity programs.

The MF and ADIF, following a report from the Ministry of Finance and Public Administration, will sign
an agreement for a period no longer than 5 years. (Infrastructure and facilities,
objects and goals to be achieved, will propose the amount of contributions to be made by the State.

The previous MF will send it to EF and the other candidates for 1 month.
examine.

ADIF must approve an activity program with investment and financing plans.
oriented towards ensuring optimal and efficient use, supply, and development of the
infrastructure, ensuring financial balance and means for such objectives.
They will send the draft to the MF, AESF, EF, and the rest of the candidates, National Commission of the
Markets and Competition, prior to approval. The program will be updated.
annually, it will have all actions related to IFRFIG modification of these
regarding planned functional outlines or exploitation for the next 5 years.

Article 26 Resources of the general managers of railway infrastructure.

Article 27Assets of the general administrators of railway infrastructure.

Article 28 Legal regime of the labor personnel and budgetary, economic regimes
financial, accounting, intervention, and financial control.

Article 29 Tax regime.

Article 30 Control of the actions of the general infrastructure managers
railway.

The MF will be responsible through: intervention by approving the budgets.

exploitation and capital and action program, audit or financial control, through
communication by ADIF of data and agreements, inspections on service provision
services and administration as well as those of the AESF, overseeing the programs.

Article 31 Statute of the general managers of railway infrastructures

CHAPTER VI Declaration on the network

Article 32 Content, preparation, characteristics, and publication of the declaration on the network.

It will be published 4 months before the deadline. It will have characteristics of the
infrastructure will inform the capacity and technical conditions of each section.

Under the supervision of the National Commission on Markets and Competition, an ADIF
may cooperate with one or more railway companies to offer discounts.

CHAPTER VII Awarding of Infrastructure Capacity

Article 33 Concept of capacity award.

 Assignment by an ADIF of the time slots defined in the declaration on the NETWORK to
the candidates whose purpose is for a train or railway vehicle to operate between 2
points in a certain period of time.

Article 34Candidates.

The EF and international business groups that constitute such companies.

Public entities or companies that justify it and obtain a license.

Article 35 Requirements for candidates.

Article 36 Award Procedure.

Article 37 Special measures in case of disturbances in railway traffic.

You must develop a contingency plan. You may suspend service for repairs.
urgent, if it is cross-border, it will notify the other ADIF.

Article 38 Rights of Capacity Use.

Framework agreement as a standard 5 years. If justified, up to 15 years. They can be
If justified, a significant investment can reduce capacity for a period of at least
One month has been used below the assigned quota.
AIDF will notify agreements to the National Commission of Markets and Competition.

CHAPTER VIII Railway infrastructures in ports and airports of general interest

Article 39 Applicable regime.

Connection with these will be included in an agreement between ADIF, the port authority and
Ports of the State prior to authorization from the MF.

CHAPTER IX Private Ownership Railway Infrastructure

Article 40 Applicable regime for private railway lines.

The holder must present a project for the establishment or operation of the line, a
explanatory report on the objectives pursued, general and partial plan, budget
corresponding, activity that will be provided... The MF must authorize it, upon report from the
competent bodies of the Autonomous Communities through which it passes. This report is issued within 1 month from
that is requested.

Article 41 Elements that complement the General Interest Railway Network.

TITLE III Service facilities and service provision to railway companies

Article 42 Service installations.

See pdf, the network statement will include information about access conditions and
provision of services in such facilities.
 If more than 2 years pass and it has not been used, and there is another EF, the holder must offer it.
publicly, unless it is being converted and prevents its use.

Article 43 Access to service facilities.

Article 44 Complementary and auxiliary services.

Article 45 Provision of services in facilities and the particularity of the general administrators
of railway infrastructure provided for in Article 22.
They will be able to lend for themselves or by collaborating with others, the use of the
installations will entail the request for EF capacity to ADIF

Art 46 Exploitations of other service facilities.

TITLE IV Rail transport

CHAPTER I General provisions

Article 47Rail transport.

It will be carried out by the EFs through the RFIG, it is a service of general interest and essential for
community. Such service will be provided under conditions of free competition, in accordance with
the provisions of this law.

CHAPTER II Railway Companies

Article 48 Railway companies.

Those that have a railway license whose activity is passenger transport or

goods, must provide the traction. Companies that exclusively contribute the
traction are considered as such.

Article 49 Railway Company License.

For the provision of passenger and freight railway transport services

They need the license. The entity that requests the license must submit a declaration of
Activity. It will be accompanied by all the documentation specified by MF. Not
Entities dedicated to maintenance and repair will require a license.
infrastructure, as long as it is limited to the transport of material.

The AESF will issue the licenses, the resolution in the 3 months following the
submission of the application.

Article 50 Requirements for obtaining the license.

S.A. according to the legislation, indefinite term and shares of character

nominative. Financial capacity. Guarantee professional competence of its staff.
To have civil liabilities covered.
Those who have been in prison will not be able to until five years after their sentence is completed.
declared in bankruptcy or disqualified or suspended from management positions.
Those sanctioned for serious infringement within a period of 5 years from the sanction.
they are in bankruptcy proceedings. Those sanctioned with very serious, serious or repeated offenses in
 customs within a period of 5 years. Those penalized for serious, very serious, or repeated offenses.
in the specific legislation of transport.

Article 51 Financial capacity of the applicants.

Within a period of 12 months from the application for the license, it will be evaluated according to the accounts.
audited annuals (Available financial resources, in banks, advances in current accounts and
loans), operating capital, funds and asset elements, investments, charges
about company assets, taxes, and social security contributions.

Article 52 Professional competence of the license applicant.

Article 53 Civil liability coverage.

Article 54 Conservation of the effectiveness of the license.

The AESF will verify compliance with the requirements at least every 5 years, when
have signs of possible non-compliance or when EF undergoes a change in its regime
legal (merger, acquisition of a significant part, or segregation), these must be communicated
the EF to the AESF within 1 month from when they occur.

Article 55 Suspension of the license.

The AESF will do it when opening a sanctioning file for a very serious infringement.
as a penalty, when the EF has interrupted its operations for a period longer than
at 6 months.
Revocation will have a maximum period of 24 months.

Article 56 Revocation of the license.

When the requirements for granting are not met, if it is due to capacity
the AESF may grant a temporary license of 6 months. That it is in state
bankruptcy (Except that AESF may see that it can be viable within a reasonable timeframe.
financial), obtaining false licenses or by other means, two very serious sanctions in 12
months.
If a financial entity interrupts its operations for 6 months, or has not started them.
Six months after obtaining the license, the AESF may revoke it.

The revocation of the license is immediate.

Article 57 Communications to other Member States of the European Union.

Always communicate the granting, modification, suspension, or revocation of a license

will inform the European Railway Agency.

Article 58 Obligations of railway companies.

Separate accounts for passenger and freight transportation. They will facilitate
statistical information requested by the MF that will establish control systems,
inspection and audit and the period in which the information must be provided.
The passenger transport EF must be accredited to the MF with a minimum notice of 3 months.
general conditions for rail transport that meet quality standards.
They should also establish a user complaints system, determine some
 service quality standards. Regarding information, tickets, cancellations,
studies on user satisfaction, service punctuality, cleanliness of materials
processing of claims, reimbursements for non-compliance with the rules of
quality, assistance to people with disabilities.

The EF will publish an annual report of the results alongside the annual report.
achieved in this field, submitted to the MF and published on its website.

CHAPTER III Administrative intervention in the provision of transport services

railway and in the operation of infrastructure

Article 59 Railway transport services subject to public service obligations.

The Council of Ministers, prior to the report of the Government's Delegated Commission for
Economic Affairs, will declare at the request of the Autonomous Communities or local corporation passes to
public domain, will occur when the supply of passenger transport services that
they would act in their own interest and not receive any
compensation will be insufficient or will not adapt to the frequency conditions,
quality or price.
The CM will be based on criteria of global efficiency and sustainability and modes of transport.
alternative and costs and benefits derived from its use compared to rail.

To provide services subject to public service obligations, the EF must have available
authorization by the MF, prior favorable report by the ministers of
Economy and Business and treasury and agreement with the government delegated commission for
economic affairs.

The resolution that agrees to the direct award of the authorization must certify
expressly the causes that justify it
Order of the Minister of Development, prior report from the National Commission of the
Markets and Competition, from the Ministry of Economy and Competitiveness and of
Ministry of Finance and Public Administration and prior agreement of the Commission
Government Delegate for Economic Affairs will develop the regime of
authorizations to provide railway transport services subject to obligations
public service, the procedure for its granting, the rights and
obligations of railway companies during the validity period of the
authorizations and the reasons for their modification and revocation.

Candidate who wants to use the infrastructure for passenger transport and coincides with
one with public service obligation will inform ADIF and the National Commission
of the Markets and Competition with a notice period of 18 months. Within a month
from information if any company requests it the CNMC National Commission of
Market and Competition will take measures regarding this within 6 weeks after
analysis
Article 60 Intervention of the Administration.

CHAPTER IV Special Railway Registration

Article 61 Applicable Regime.
 It is the responsibility of the AESF to maintain and manage the Special Railway Registry.
Public character.
There will be data related to entities and natural and legal persons linked to the sector.
railway and requires a license. The rolling stock that circulates on the RFIG and the
entities responsible for its maintenance.

Article 62 User Rights.

The MF may establish general conditions or contracts for different classes of

transport. The EF must have a complaint book.

Article 63 Comprehensive assistance to victims of railway accidents.

TITLE V Railway Safety

CHAPTER I Security Regime

Article 64 Railway safety.

The General Administration of the State and its dependent public agencies will ensure that
At all times for safety in rail transport.

The responsibility for traffic safety on the RFIG lies with ADIF and the
EF, and personnel training managers to carry out such tasks.

MF establishes technical conditions on projection, construction, and commissioning.

and management of infrastructure, as well as rolling stock that circulates on
them.

Article 65 State Agency for Railway Safety.

it is the authority responsible for railway safety for the Railway Network of
General Interest. Functions:

Ensure the general maintenance of safety in circulation on RFIG

through supervision of compliance, as well as penalties.

Authorize entry and commissioning of fixed control-command subsystems

signaling routes, energy and infrastructure and authorize placement on the market of the
vehicles that circulate.

Issue, renew, modify or revoke security certificates of the EF and the

security authorizations of ADIF and their supervision.
They propose, draft, and develop a regulatory framework for security.

They grant, renew, suspend, or revoke driving licenses of the staff

railway.

Grant, suspend, or revoke the accreditation of training centers.

They organize and manage the Special Railway Registry.

 Supervise compliance with essential requirements by the components of
interoperability.
You will have 4 months to respond to requests after receiving all the documentation.
Will cooperate with the European Railway Agency.

CHAPTER II Security Certification and Authorization

Article 66 Security certificate.

Before providing service, the EF must obtain the Security Certificate.

that has established its own security management system and is in a position
to meet the requirements regarding control systems, circulation, and railway safety,
about knowledge and requirements of its personnel related to security of the
railway circulation and on the technical characteristics of the rolling stock that will be used
and the conditions of its maintenance

Article 67 Security Authorization.

The ADIF must have a security authorization to exercise their

functions, certifies that they have established their own management system of the
security and are in a position to meet the specific requirements necessary for
the management of infrastructure in safety conditions, including the
referred to the knowledge and requirements demanded of their staff related to the
traffic safety, as well as, where applicable, those related to maintenance and
exploitation of traffic control and signaling systems

CHAPTER III Security regime applicable to the different elements of the system
railway

Article 68 Conditions and requirements of the subsystems of the railway system. Authorization,
circulation and maintenance of railway vehicles.
order of the Minister of Development, at the proposal of the State Agency for Safety
Railway,

Article 69 Applicable regime for railway personnel.

Article 70 Railway Circulation Regulations.

CHAPTER IV The investigation of railway accidents and incidents

Article 71 Investigation of railway accidents

Serious accidents or any that determines the Commission will be investigated.

Investigation of railway accidents. It will be serious when there is a collision or derailment.
with some fatal victim. Or 5 or more seriously injured or significant damage to material
rolling, to infrastructure or environment. Large damages amounting to >=2M€

Article 72 The Railway Accident Investigation Commission.

Specialized collegiate body, attached to the MF, with the competence to carry out research.
accidents and incidents technique (Causes and safety recommendations to avoid
what happens). Independent entity.
Article 73 Composition.

A president and 5 members (one serving as vice president) and secretary (Quetene)
voice but no vote). Elected by the MF, before the appointment the MF will put it in
names of proposed persons by the Congress of Deputies commission
transferring his curriculum. Within 1 month the Congressional committee will give its
acceptance or reasoned veto.
Article 74 Mandate.

6 years without reelection. Members will be partially renewed every 2 years.

In the event of revocation, the MF will send to the Congress of Deputies' commission a
communication with the cause.

Article 75 Powers of the investigators.

They will be considered authority agents when they are investigating. During
with judicial authorization, they can: access the accident site, inventory
tests, remove remains or installations or parts for their investigation, access equipment
onboard recording log, the result of the autopsy, examinations by medical personnel to
train platform, interrogate, access any information or documentation from ADIF, EF or
AESF.

The information will be confidential and must be safeguarded.

ANNEX I Definitions

Contingency plan: it is prepared by the railway infrastructure administrator that

it contains the relationship of the administrations, the bodies, and the public authorities that must
to be informed in case of a major incident or serious disruption of rail traffic.
It must comply with the provisions established in state legislation on civil protection and take into account
consideration of regional competencies in the matter.

Auxiliary services: The auxiliary services referred to in article 44.3 may be

understand the following: a) Access to telecommunications networks. b) The supply of
supplementary information. c) The technical inspection of the rolling stock. d) The services of
ticket sales at passenger transport stations. e) Maintenance services
heavy rolling stock, these being those that require specific facilities where
tasks are performed that are not part of the daily routine operations
that require the vehicle to be removed from service.

Infrastructure manager: any organization or company responsible for the operation,

maintenance and renewal of railway infrastructure in a network, and likewise
responsible for participating in its development according to the rules set by the Ministry
of Promotion within the framework of its general policy on development and financing of
infrastructures.
Network statement: the document that details the general rules, deadlines,
procedures and criteria relating to the systems of royalties and capacity allocation.
It also contains any other information that may be necessary to process a
infrastructure capacity request.
Complementary services: The complementary services referred to
Article 44.2 may be the following:
a) Supply of traction current, the amounts paid for this concept are
they will be shown on the invoices separately from the fees applied for the use of the
electric power feeding railway infrastructures.
b) Preheating of passenger trains.
c) Customized contracts for:
Control of the transport of hazardous goods.
Assistance to the circulation of special convoys.

Capacity increase plan: The measure or set of measures, accompanied by

an application calendar, proposals to mitigate capacity limitations that
have motivated the classification of a section as congested infrastructure.