DB Cargo Limited 6 July 2023
| Date | 06 July 2023 |
| Section | Agreed amendments to contracts (section 22) |
Head Office: 25 Cabot Square, London E14 4QZ T: 020 7282 2000 orr.gov.uk
Megan Holman
Customer Manager
Network Rail Infrastructure Ltd
4th Floor
George Stephenson House
York YO1 6JT
Quentin Hedderly
Network Capacity Advisor
DB Cargo (UK) Ltd
Lakeside Business Park
Doncaster
South Yorkshire DN4 5PN
Dear Megan and Quentin,
Amendment of a track access contract between Network Rail Infrastructure Limited
and DB Cargo (UK) Limited: Fifty Eighth Supplemental Agreement.
1. Today the Office of Rail and Road (ORR) approved the Fifty Eighth Supplemental
Agreement (SA) to the track access contract (TAC) between Network Rail
Infrastructure Limited (Network Rail) and DB Cargo (UK) Limited (DBC) under
section 22 of the Railways Act 1993 (the Act), submitted to us on 29 June 2023.
This letter sets out the reasons for our decision.
Background
1.
This
SA is to make the following changes:
•21 new one-hour window firm rights until the end of the contract, 3 of which have
90-minute arrival windows.
•13 new one-hour window firm rights, with duration limited until October 2024.
•2 new 24-hour window firm rights.
•5 amended one hour window firm rights.
•2 relinquished one hour window firm rights.
2. The 34 new firm rights are for multiple customers moving multiple commodities:
building material/concrete, scrap metal, waste and automobiles. One-hour windows
have been agreed by Network Rail for the new rights and the reasons provided by the
parties are operational and commercial such as inflexible loadings slots and pathing
difficulties around London and the volatility of the scrap metals market meaning late
services could have a significant financial impact on customers.
3. 13 of the new one-hour window rights are time limited to October 2024 due to their
interaction with the Great Eastern Mainline (GEML). At the time this application was
proceeding through the system there was uncertainty over a recast of the GEML
timetable and Network Rail agreed to sell the rights to DBC only until October 2024
when the recast was due to take effect. Special wording was agreed for the rights
table in the TAC.
4.
Since the application was consulted, that position has moved on. The GEML Event
Steering Group has now been closed and Network Rail no longer requires the 13
Margret Haswell
Executive, Access and Licensing
Email: track.access@orr.gov.uk
6 July 2023
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