RAILWAY MARKET SERVICES REGULATION
The Directorate decides on complaints that can be submitted by applicants for the allocation of infrastructure capacity, that is, applicants for access and provision of services in a service facility, who believe that they have been unfairly treated, discriminated against or harmed in any other way, especially against the decisions made by an infrastructure manager or, where appropriate, a railway undertaking or operator of a service facility, which are related to:
- draft and final version of the Network Statement;
- criteria set out by the Network Statement;
- allocation procedure or results of that procedure;
- calculation and charging system;
- level and/or structure of access charges;
- information on service facilities;
- application of the provisions of Article 13 of the Law on Railways (“Official Gazette of the RS“, No 41/18) and especially those related to the access and charging of services.
The Directorate is authorized to monitor the state of competition on the railway services market and control the actions of infrastructure managers, railway undertakings and service facility operators on their own initiative and with the aim of preventing discrimination against applicants for the allocation of infrastructure capacity. In particular, the Directorate checks whether the Network Statement contains discriminatory provisions or creates discretionary powers of infrastructure managers that could discriminate against applicants.
The Directorate ensures that the prices determined by the infrastructure manager are in accordance with the Law on Railways and are non-discriminatory.
The Directorate considers all complaints in the sense of Article 121 of the Law on Railways, and if necessary, requests relevant information and initiates consultations with all relevant parties, decides on all complaints, undertakes measures to correct the situation and informs relevant parties of the adopted decision.
The Directorate, if necessary, decides on its own initiative on appropriate measures to correct discrimination against applicants for the allocation of infrastructure capacity, market disruptions and all other unwanted events on the railway services market.
The Directorate is authorized to conduct audits or initiate external audits of infrastructure managers, operators of service facilities and railway undertakings, in order to determine compliance with the provisions for separation of accounts established in Article 3 of the Law on Railways.
If, based on the received financial reports, the Directorate establishes that there is a possibility of violation of the provisions of the law governing state aid, it may notify the competent authorities.
The Directorate cooperates with the competition authority, provides expert opinions and performs other tasks established by the Law on Railways.