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ACM: ProRail should have published tariff for using the shunting hill at Kijfhoek earlier

11-11-2019

Dutch network infrastructure manager ProRail should have included in a timely manner in its 2020 Network Statement information about the tariff regarding the use of the Kijfhoek shunting hill. ProRail has failed to do so. As railway undertakings faced uncertainty for a longer period of time surrounding the shunting hill’s tariff, their operations were hindered. That is why the Netherlands Authority for Consumers and Markets (ACM) has imposed a fine of 25,000 euros on ProRail.

ProRail manages the Kijfhoek marshalling yard, including the yard’s shunting hill. This shunting hill is used for sorting the freight cars that arrive at the marshalling yard according to their destinations. The network statement should contain all the information that railway undertakings need for taking advantage of their right to rail access. They need complete and correct information in order to be able to make the right choices.

About the fine

When determining the level of fines, ACM takes into consideration various factors. With this fine, ACM, considering the importance of having a network statement that is complete, has sent a signal to ProRail that such a violation cannot happen again. On the other hand, ACM also took into account the fact that ProRail did publish its other tariffs in a timely manner. Furthermore, the tariff in question was still published before the capacity for the shunting hill at Kijfhoek was allocated and before this tariff went into effect.

Background

ProRail is responsible for allocating capacity of marshalling yards that are used by rail freight operators for the parking and shunting of freight train cars. ProRail also provides access to services offered at marshalling yards. Kijfhoek is the only marshalling yard in the Netherlands that has an automated train car sorting system. The Dutch Railway Act mandates ProRail to ensure that railway undertakings have access to marshalling yards. ACM enforces compliance with the Dutch Railway Act.

About the fine

When determining the level of fines, ACM takes into consideration various factors. With this fine, ACM, considering the importance of having a network statement that is complete, has sent a signal that such a violation cannot happen again. On the other hand, ACM also took into account the fact that ProRail did publish its other tariffs in a timely manner. Furthermore, the tariff in question had been published before the capacity for the shunting hill at Kijfhoek was allocated and before this tariff went into effect.

Background

ProRail is responsible for allocating capacity of marshalling yards that are used by rail freight operators for parking and shunting of freight trains. ProRail also provides access to services offered at marshalling yards. Kijfhoek is the only yard in the Netherlands that has an automated train car sorting system. The Dutch Railway Act mandates ProRail to follow a certain procedure if conflicts arise between requests of different rail freight operators for access to marshalling yards. ACM enforces compliance with the Dutch Railway Act.

See also

11-11-2019 Fine imposed on Dutch network infrastructure manager ProRail for missing information about user charge for the Kijfhoek marshalling yard (in Dutch)