Scope of Powers in the Area of Access to Trasport Infrastructure

The Office for the Protection of Competition functions as:

  • Regulatory Body established under Article 55 of the Directive 2012/34/EU establishing a single European railway area
  • Independent Supervisory Authority under Article 11 of the Directive 2009/12/EC of the European Parliament and of the Council on airport charges;
  • Conciliation Body under Article 10 of the Commission Decision 2009/750/EC on the definition of the European Electronic Toll Service and its technical elements.

 

Activities of the Office under the Act No. 266/1994 Coll. on rail systems, as amended, and pursuant to relating articles of the directive 2012/34/EU establishing a single European railway area

  • Deciding on public (in)accessibility of sidings (Section 22a of the Act);
  • Deciding on a contract for access to the siding (Section 22a of the Act);
  • Approval of the plan of restricted operation of the rail system (Section 23c of the Act);
  • Assessment of the legality of conditions of restricting the operation of a rail system due to activities not included in the approved restriction plan (Section 23c of the Act);
  • Deciding on concluding the contract on providing the services (Section 23d of the Act, Article 56(1) of the Directive);
  • Participation in the capacity allocation joint coordination body (Section 32 of the Act, Article 40 of the Directive);
  • Deciding on principal purpose of rail passenger services (Section 34d of the Act, Article 10 of the Directive);
  • Deciding whether economic equilibrium of passenger rail services operated under a public service contract is compromised (Section 34d of the Act, Article 11 of the Directive);
  • Deciding on contradiction of the Network Statement with the Railway Act (Section 34e of the Act, Article 56(1) of the Directive);
  • Deciding on the (non)compliance of the capacity allocation process (including framework contracts) with the Act (Section 34f of the Act, Article 56(1) of the Directive);
  • Assessment of the compliance of the contract on the operation of rail transport with the Act (Section 34g of the Act, Article 56(1) of the Directive);
  • Decides on administrative penalties for restricting the operation of a rail system in contradiction with Section 23b or Section 23c of the Act;
  • Decides on administrative penalties for not allowing the use of a siding inaccessible to the public in contradiction with Section 22a of the Act;
  • Decides on administrative penalties for not allowing the use of allocated railway infrastructure capacity and not allowing to operate rail transport in contradiction with Section 23(1)(a) or (d) of the Act;
  • Decides on administrative penalties for not allowing the access to the services in contradiction with Section 23(1)(b) of the Act;
  • Decides on administrative penalties for the price for the use of the rail system or the allocation of its capacity in a discriminatory way in contradiction with Section 23(1)(c) of the Act;
  • Decides on administrative penalties for not allowing to re-route impassable sections of the railway infrastructure in contradiction with Section 23(1)(e) of the Act;
  • Decides on administrative penalties for not maintaining list of the rail systems in contradiction with Section 23(1)(f) of the Act;
  • Decides on administrative penalties for non-creation of capacity analysis of the rail system declared to be congested as in contradiction with Section 23(5) of the Act;
  • Decides on administrative penalties for non-creation of the plan of congestion removal as in contradiction with Section 23(6) of the Act;
  • Decides on administrative penalties for not working out the timetable under Section 40(1) of the Act;
  • Decides on administrative penalties for failure to provide services in contradiction of Section 23d(1) of the Act;
  • Decides on administrative penalties for providing of services not via a branch office and not keeping separate accounts in the provision of services as in contradiction with Section 23f of the Act;
  • Decides on administrative penalties for not developing a network statement, not publishing of its and not allowing to comment on the content of this statement under Section 33(1) of the Act;
  • Decides on administrative penalties for not allocating the rail system capacity under Section 34, Section 34a or Section 34b of the Act;
  • Expresses its views in the proceedings concerning:
    • official permits for operating a rail system and an authorization to operate rail transport,
    • safety certification and authorization process,
    • restriction and cancelation of public rail transport operation,
    • approval of the rail vehicles;
  • Executes state supervision within the extent of its competence.

 

Activities of the Office under the Act No. 49/1997 Coll., on Civil Aviation, as amended, and pursuant to relating articles of the Directive 2009/12/EC of the European Parliament and of the Council on airport charges

  • Decides on the compliance of the airport price list with Section 42e and the manner of its pricing (Section 42i of the Act, Article 6 of the Directive);
  • Controls compliance with airport and air carrier obligations under Part Four, Title VI of the Act (Section 89a of the Act, Article 6 of the Directive);
  • Decides on administrative penalties for non-negotiation of the airport price list with air carriers under Section 42g of the Act.

 

Activities of the Office under the Act No. 13/1997 Coll., on Road Communications, as amended, and pursuant to relating articles of the Commission Decision 2009/750/EC on the definition of the European Electronic Toll Service and its technical elements

  • Expresses its views on the terms of the contract pursuant to § 22c and § 22e between the European toll provider and the electronic toll operator (§ 22h) following the procedures of Articles 11 and 12 of Directive (EU) 2019/520 of the European Parliament and of the Council on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union.

 

Activities of the Office under the Act No. 526/1990 Coll., on Prices, as amended, and pursuant to relating articles of the directive 2012/34/EU establishing a single European railway area

  • Executes the price control under Section 14 of the Act and Article 56(1) of the Directive
    • Detects whether there is disobeying law and pricing regulations,
    • Verifies the accuracy of the submitted documents,
  •  Decides on administrative penalties under Sections 15 and 16 of the Act.

 

Activities of the Office under the other regulations

  • According to Section 152 of Act No. 500/2004 Coll., Code of Administrative Procedure, decides on appeals submitted to the Office in proceedings under the Act on Rail Systems.
  • According to Article 20 of Regulation (EU) 913/2010 of the European Parliament and of the Council concerning a European rail network for competitive freight, it monitors competition on the corridors and the ensuring of non-discriminatory access.
  • According to Commission Implementing Regulation (EU) 2015/1100 on the reporting obligations of the Member States in the framework of rail market monitoring, it collects the data concerning the railway transport on the territory of the Czech Republic and submits it to the European Commission.
  • According to Article 2 of Commission Implementing Regulation (EU) 2017/2177 on access to service facilities and rail-related services, it decides on requests from service facility operators for exemptions from the requirements of this Regulation.
  • According to Article 9 of Commission Implementing Regulation (EU) 2017/2177 on access to service facilities and rail-related services, it sets time limits to respond to requests for access to and supply of services in service facilities.
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+420 542 167 111 · posta@uohs.gov.cz