Contract PHM No. xx/2008
on securing of services during refuelling of motive power units of Railway
undertaking on the rail infrastructure of ZSR
concluded in terms of § 269 paragraph 2 of the Commercial Code No. 513/1991 Coll.
as amended
CONTRACTUAL PARTIES
Infrastructure manager:
Železnice Slovenskej republiky, Bratislava , abbreviated
”ŽSR” (hereinafter referred to as the IM or infrastructure
manager)
Registered seat:
Klemensova 8, 813 61 Bratislava
Entered into the Commercial Register of the District Court of Bratislava I,
Section Po, entry 312/B
Statutory body:
Ing. Dalibor ZELENÝ, Director General of ŽSR
Person responsible for
contractual matters:
Mgr. Emil ŠIMKO, Director of Traffic Management,
Department of the DG ŽSR
Bank connection:
VÚB, a. s.
Account number:
35-4700012/0200
Company identification
number:
31 364 501
Taxes identification No.:
2020480121
VAT registration No.:
SK2020480121
and
Railway undertaking:
........................ (hereinafter referred to as RU or railway
undertaking)
Registred seat:
.....................................
Entered into the Commercial Register of the District Court of ..., Section Xx,
entry ...
Statutory body:
Bank connection:
Account number:
IBAN:
BIC:
Company identification
number:
VAT ragistration No.:
Strana 1 z 7
Strana 2 z 7
ARTICLE I.
I.
SUBJECT OF THE CONTRACT
The subject of this contract is the arrangement of mutual rights and obligations during
the refuelling of motive power units of RU on the common loading and unloading tracks of
railway station..... between ZSR (hereiafter infrastructure manager) and Xxxxxxxxxxxx
(hereinfter railway undertaking) in terms of Act of the National Council of the Slovak Republic
no. 164/1996 Coll. on Railroads and on amendment of the Act no. 455/1993 Coll. on Small
Trade Business (Trade Licence Act) as amended (hereinafter referred to as the Railroad Act)
and of the Act no. 364/2004 Coll. on waters and on amendment of Act of the National
Council of the Slovak Republic no. 372/1990 Coll. on offences as amended (hereinafter
referred to as Water act) and in terms of the Regulation of the Ministry of environment of the
Slovak Republic no. 100/2005 Coll. which determinates procedures of danger good handling
and emergency plan terms and solving problems of abnormal decline of waters quality , in
terms of the Act of National Council of the Slovak Republic no. 314/2001 Coll. on fire
protection as amended, the Regulation of Ministry of enviroment of the Slovak Republic No.
121/2002 Coll. on fire prevention as amended and the Regulation of Ministry of environment
of the Slovak Republic no. 96/2004 Coll. which determinates principles of fire protection and
safety at handling and storage of inflammable liquid, heavy furnance oil , animal and
vegetable oil.
ARTICLE II.
DURATION OF THE CONTRACT
The contract shall be concluded for an limited period, limitation of the contract depends
on the validity period of the exemption clause issued by the Ministry of enviroment of the
Slovak Republic no. …. issued on the date ……….
This exemption clause is an non-detachable part of the contract ( Annex no. 1)
ARTICLE III.
RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
1.
2.
3.
4.
5.
Railway undertaking is obliged to have concluded the Contract on access to the rail
infrastructure of ŽSR before the conslusion of thic contract.
Infrastructure manager undertakes, under conditions agreed herein, to enable to the
railway undertaking the refuelling of the motive power units, which are used for the
transport operation on the railway infrastructure (hereinafter locomotives) from the tank
truck.
Railway undertaking undertakes to respect the conditions specified in this contract as
well as technologiacal processes during the refuelling of locomotives on the before
agreed and by Reginal Directorate approved stations (Article VII) and is aware of the
fact that its behaviour is not allowed to disturb the safety and continuousness of the
traffic.
Railway undertaking undertakes to refuel only its own locomotives.
During the refuelling of locomotives , the staff of the railway undertaking has to respect
the provisions of the Act on Railroads and the acts and Regulations on protection of
the environment and the fire protection as well as the provisions listed in this contract
defined by the infrastructure manager.
Strana 3 z 7
6.
In the case of the investigation of the breach of these provisions and in the case of the
outflow of the substances harmful for waters, infrastructure manager and railway
undertaking will coact. The environmental engineer on behalf of infrastructure manager
and in connection with the breach of defined provisions, the person intrested in the
proceeding will take part in the emergency or abnormal water decline investigation.
ARTICLE IV.
PROVISIONS OF REFUELLING
1. Railway undertaking undertakes to refuel only its own locomotives by driving fuel.
The driving fuel is the fire substance of the hazardous class no. II and due to the
safety regulations there will be located the only one place on the common loading
and unloading tracks determinated for refuelling.
2. Refuelling can be realized only under the permanent control of the operating staff.
Railway undertaking is obliged to provide for the oparating staff and to ensure that
the space after the finish of refuelling will remain in accordance with the rules of
infrastructure manager.
3. Under each of the flangend connection, there must be placed an intercepting tub. The
construction of this tub must consist of such a material which is resistant to the action
of the refuelled substance with the cubature of at least 150 liter. During the refuelling
there must be used an absorption substance (vapex – in the appropriate volume) and
a hydrophobic surface. Railway undertaking has to remove the tanks and inpured
substance after the finish of the refuelling.
4. Refuelling must be realized in such a manner to avoid the flow out of the hazardous
substance into the canalization, water course or underground water. During the
refuelling, the space between the tank truck and the locomotive must be protected by
an appropriate absorbent material, textile fabric (the space has to be protected
against the opening of the valve). Railway undertaking should incorporate the details
of hanling with the hazardous substance in its own „ Plan of precautionary measures
in order to avoid the occurence of uncontrolled outflow of the hazardous substance
into the environment and the fallback procedure“ in terms of the annex of the
Regulation of the Ministry of environment of the Slovak Reublic no. 100/2005 Coll. as
amended. The Fallback procedure has to be approved by the competent Inspectorate
of water protection SIŽP and this approval hast to be placed in that railwaystation
where refuelling is realized.
5. The hazardous goods handling has to be proceeded in accordance with the valid
Regulation of International Carriage of Dangerous Goods by rail - RID.
6. The principles of the fire protection during the inflammable liquid handling has to be
kept in accorance with the Regulation of the Ministry of Home Affairs of the Slovak
Republic no. 96/2004 Coll.
7. Refuelling must not be realized during the rainfall as to avoid the petroleum floating or
the abnormal water decline. During the fuel handling can be used exclusively the
normalized appliances ( e.g. reductions).
8. In the case of emergency incident or abnormal water jeopardy or decline, the railway
undertaking, its fuel supplier and infastructure manager will act in accordance with
the Fallback procedure worked out by railway undertaking and they will follow the
instructions determined by the competent state authority. As long as the agent of
state authority is not present, the situation will be managed by the responsible
employee of infrastructure manager.
9. Railway undertaking bears in the fully extensionn the costs for the immediate
prevention as well as the costs for the consequential procedures of the elimination of
abnormal water decline effects. The details of the elimination process of the abnormal
Strana 4 z 7
water decline will be negotiate between the railway undertaking and infrastucture
manager separately for each case of abnormal water decline.
10. The dedicated employeee of infrastructure manager will provide for the occasional
refuelling supervision.
11. If the state authorieties ŽP (Railway Police) and ŠPD (State fire inspections) will set
any fine on infrastructure manager due to the refuelling on the common loading and
unloading tracks on the common open space in accordance with the Slovak
Technical Norms, for the breach of the Act no. 364/2004 Coll. as amended, lax no.
223/2001 Coll. as amended, Act no. 314/2001 Coll. as amended, regulation no.
121/2002 Coll., Regulation no. 591/2005 Coll., Regulation no. 96/2004 Coll. and
other relevant regulations, railway undertaking will bear all these penalties and
sanctions and is obliged to repay these costs to infrastructure manager.
12. Railway undertaking is obliged to worke out Procedurdes for prevention and
improvement of environmental demages in accordance with Directive no. 2004/35/EC
of the European Parliament and of the Council of 21.04.2004, which mainly
determinates the obligation to realize on its own costs the precauntionary and
corrective measures to avoid the origin or to eliminate the effects of environmental
demages above the frame present duty based on „polluter pays principle“ (Directive,
Article 1 – Subject).
13. Before the undersigning of this contract, railway undertaking has to announce to
Zeleznice Slovenskej Republiky, Bratislava, General Directorate, Transport
Department (O410) and Development Department (O 220) in a written form the
names of its responsible employees incl. Telephone numbers (non-stop)– for the
purpose of notice, incidence control in the case of emergency accident.
ARTICLE V.
SAFETY- TECHNICAL CONDITIONS OF REFUELLING
1.
2.
3.
4.
5.
Railway undertaking commits to keep the provisions of the Act no. 124/2006 Coll. on
Safety and protection of healt at work as amended and of the internal regulation Bz 1
on Safety of employees in the terms of Slovak Railways.
Based on the risk determination, Railway undertaking will outfit its employees with the
appropriate personal safety working means in accordance with the above mentioned
law as well as with the Act no. 395/2006 Coll. on Minimal requirements of providing and
using of personal safety working means. In accordance with the internal regulation Bz
1 , the employees must be outfit with good visible attention vests of orange colour and
retroflexive grey strips before their track entry.
The responsible employee of railway undertaking, who will enter the tracks and provide
the works of refuelling have to be educated in the particular provisions of internal
regulation Bz 1 , of internal regulation Ok 2 ( Schooling and test regulation of the
railway employees) by the Central Institution for Education and Psychology of ZSR
(authorized organizational unit of ZSR). The employees must allways have the entry
track card with them before their track entry.
Before the start of refuelling, the employees of railway undertaking are obliged to get
register at the particular station-master or station dispatcher, who will inform them
about the local conditions of the refuelling work-station and who will secure the
occasional control of refuelling.
On that place where the sampling of fuelling will be realized, the employees of railway
undertaking have to be educated in the performance of the works in the highs and have
to be outfitted by appropriate personal safety means for the works in the hights in
accordance with the Regulation of SÚBP (Occupational safety and health
Administration) and SBÚ (Minning office board) no. 374/1990 Coll. on work safety and
technical facilities on building operations. In the case of refuelling from the tanks sided
Strana 5 z 7
6.
7.
8.
on the common loading and unloading tracks under trolley wires, there must be kept
the terms of STN EN 34 3100 and STN EN 34 3109 – safety regulations on the
operations at the trolley wires or in the closeness. The employees have to be educated
in the particulars provisions on the movement in electrified tracks of ZSR or on the
work in the closeness of electrified tracks.
Besides the above mentioned technological processes in the Article VII. of this contract
in accordance with the Act no. 355/2006 Coll on Protection of employees against the
risks related to exposition of chemical factor at work, the railway undertaking has to
work out the Operating instructions and all its employees have to be documentary
informed about these instructions.
In the case of work injury during the refuelling, there must be immediately realized
arrangements to protect the health or to save the life of the employee and the injury
must be immediately reported to the partricular station dispatcher and to the contact
person of railway undertaking. Moreover there must be fulfilled the conditions defined
in the Act no. 124/2006 Coll. as amended and in the Regulation no. 500/2006 Coll. on
Assesment of Recorded template work injury.
It is strictly prohibited to realize the refuelling by an intoxicated employee of railway
undertaking. If the employee of infrastructure manager, dedicated for refuelling control,
has a suspicion of intoxication, he/she is obliged to inform about his/her suspicion the
particular manager of railway undertaking.
ARTICLE VI.
INDEMNITY
The compensation of a demage is asserted according to the general statues.
ARTICLE VII.
TECHNOLOGICAL PROCESSES OF REFUELLING
1.
2.
The technologiacal processes are worked out by railway undertaking in cooperation with
the particular railway station and thereafter submitted to the responsible Regional
Directorate (responsibility depends on the district of refuelling station). These
technologiacal processes will become the part of Operating Rules of the particular
railway station.
The approved technological processes of refuelling are the Annex no.2 to this contract..
ARTICLE VIII.
TERMINATION OF THE CONTRACT
1. The contract should be determinated :
- mutual documented agreement of both parties,
- documented abandonment of contract.
2. The parties may withdraw from the contract in cases stipulated herein and by § 344 and
the following of the Commercial Code.
3. In the case of breach of the contract conditions by the contracting party, the another
contracting party may withdraw from the contract with immediate effect . Abandonment
of the contract must be announced to the second contracting party in the written form.
Strana 6 z 7
4. In case of determination of validity and operation of the Contract No…….. of ..… on
acess to the rail infrastructure, the infrastructure manager reserves the right to withdraw
from the contract.
5. The infrastructure manager may withdraw from the contract with immediate effect if the
railway undertaking does not keep the approved technological processes and endangers
the safety of railway transport .
6. The withdrawal from the contract shall not result in cessation of the rights to settle
obligations resulting from this contract as of the day of the contract termination.
ARTICLE IX.
TRANSITORY AND FINAL PROVISIONS
1.
2.
3.
4.
5.
6.
7.
8.
The contract may be modified or supplemented only in the form of written supplements,
which become inseparable parts of the contract upon mutual accord.
Annex no.1 and Annex no.2 shall become the inseparable parts of the contract.
The contractual parties shall be obliged to treat all information that is not publicly or
generally available as confidential
The legal relationship stemming from this contract shall be governed by the laws of the
Slovak Republic.
Unless otherwise stated herein, the mutual relationships of the contractual parties shall
be governed by the provisions of the Commercial Code and generally binding legal
regulations of the Slovak Republic.
The contractual parties shall solve any disputes by agreement. In case an agreement
could not be found, the contractual parties shall ask for a court decision.
The contract shall be made in four copies, each having the validity of an original, of which
the infrastructure manager shall obtain two copies, the RU shall obtain two copies .
The contract enters into force on the day it is signed by the authorised representatives of
both contractual parties.
In Bratislava, on:
for and on behalf of the infrastructure
manager
Strana 7 z 7
for and on behalf of the railway
undertaking