SERVICE FACILITIES

In addition to the more traditional part regarding access to the railway infrastructure a new chapter has been added within the railway regulation since 2015, more specifically access to the service facilities and the services provided therein. A service facility is an installation, including a site, building or equipment, which is fully or partially equipped for the performance of one or more services as referred to in Appendix 1, points 2, 3 and 4 of the Railway Code (Law of 30 August 2013 regarding the Railway Code).

Europe has further developed this domain in the Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services with the aim of increasing transparency in the market for rail related services (RRS). This is primarily by requiring the operators of service facilities to publish information about the access conditions. In addition, the Implementing Regulation also lays down some rules that should ensure better cooperation between the operator of the service facility and the infrastructure managers, and for non-discriminatory treatment of railway undertakings.

Take a look at all decisions, opinions, communiqués and other documents in the service facilities publications

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Competences

In the framework of the service facilities, the Regulatory Body has the following tasks:
(When you move over the crosses in the table you will get to see additional information. On the topics in the left column you can also click through to further information in the dictionary)

	Decision	Monitor	Complaint
Granting exemptions	X
Service facility description (SFD document)		X
Self-supply of services	X
Reasonable deadline	X
Seperated accounts		X
Access to service facilities		X	X
Tarifs for service facilities		X
Perpetual easement		X	X
Cooperation with IM		X
Observer during coordination procedure		X

Appeal against decisions of the Regulatory Body

Any person who proves his or her interest can lodge an appeal with the Market Court in Brussels against any decision taken by the Regulatory Body in the context of his monitoring power and his authority regarding the handling of complaints.

The appeal must be lodged within the period of one month from the notification of the decision or, for the interested persons to whom the decision did not have to be served, within a period of one month from the publication of the said decision in Belgian Gazette.

The Market Court makes a decision with full jurisdiction.

Decisions taken by the Regulatory Body in the context of its specific decision-making power can be challenged before the Council of State.

Market

The following categories of service facilities can be distinguished:

refueling facilities

washing facilities

marshalling yards

maintenance facilities

passenger stations

train formation and shunting facilities

freight terminals (including ports)

training facilities

Full monitoring of the market of service facilities is currently not yet available. The map below gives a limited view of some of the facilities.

Legislation

The legislation on service facilities includes:

DIRECTIVE 2012/34/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 November 2012 establishing a single European railway area (recast)
Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services
Law of 30 August 2013 regarding the Railway Code