Interpretation regarding the application of the „Rules for entry to the railway area managed by PKP Polskie Linie Kolejowe S.A. Id-21

Due to emerging interpretative doubts regarding the type of documents that constitute the appropriate basis for admission to the railway area managed by PKP Polskie Linie Kolejowe S.A., and to which entities appropriate applications should be sent, this document has been prepared regarding the application of the Rules for admission to the railway area managed by PKP Polskie Linie Kolejowe S.A. PKP Polskie Linie Kolejowe S.A. Id-21.

1. Entry card – issued by the Investment Implementation Center or the Railway Lines Department.

Entry cards are issued to the following people:

1) persons providing services or performing works in the railway area for the Company – this category includes, among others: all persons associated with entities providing services to PKP Polskie Linie Kolejowe S.A. – in particular employees of Contractors, subcontractors and their further subcontractors;

2) persons providing services or performing works in the railway area with the consent of the relevant Railway Lines Plant for entities other than railway carriers and organizational units of the PKP Group (except persons providing services or performing works for PKP Polskie Linie Kolejowe S.A.).

Completed documents (Appendix No. 6 and Attachment No. 2) should be submitted directly to the entity that orders the work (Investment Implementation Center or Railway Lines Plant).

In the case of subcontractors and further subcontractors of the above. the application is submitted by the main Contractor.

The entry card must be possessed by the person directly supervising persons providing services or performing works, and must present it to the person authorized to check the validity of staying in the railway area upon request. Persons providing services or performing works in the railway area are obliged to have an identity document with them in order to verify whether this person is on the list of persons indicated in the entry card as persons authorized to stay in the railway area.

2. Permit issued by the Railway Protection Guard.

The persons required to have Permits are:

1) carrier employees performing official activities under contracts for the use of capacity;

2) employees of other organizational units of the PKP Group;

3) members of the Supervisory Boards of the Companies and the Management Boards of the PKP Group Companies;

4) employees of entities providing services to railway carriers and organizational units of the PKP Group – except for employees of entities providing services to PKP Polskie Linie Kolejowe S.A. – for these people, the appropriate document entitling them to enter the railway area is the Entry Card issued pursuant to § 4 section 2 point 1 of the Principles;

5) representatives of organizations whose statutory activities require access to the railway area;

6) employees of entities conducting business activity in the railway area, only to places related to this activity if there are no other ways to access it than through the railway area;

7) persons living in the railway area, if there are no other access routes than through the railway area.

8) persons not mentioned in points 1-7 and in section 2, after consultation or under an agreement with an organizational unit of PKP PLK S.A., if access to the railway area is justified by the conducted activity or is necessary to fulfill obligations towards PKP PLK S.A. (e.g. Centrale contracts concluded with Centrala PKP Polskie Linie Kolejowe S.A.).

Completed documents should be submitted directly to the Main Headquarters of the Railway Protection Guard in Warsaw (if the documents are to be issued for the entire railway area or its part, larger than the area of operation of one Regional Headquarters of the Railway Protection Guard;) to the Regional Headquarters of the Railway Protection Guard -on oa railway area smaller or equal to the area of operation of one Regional Headquarters of the Railway Protection Guard.

3. Entry to the railway area before concluding a contract for the provision of services / performance of works in the railway area.

In answer to numerous questions from potential contractors regarding the possibilities and procedures for obtaining documents authorizing employees of these entities to enter the railway area as part of activities preceding the conclusion of the contract – in particular as part of the contract award procedure before submitting offers  –  in order to make a site visit of the place where future services will be provided/works carried out, we explain:

Employees or representatives of entities that apply to conclude an agreement with the Company are treated as persons obliged to have an access card, in accordance with § 4 section 2 point 1, as persons providing services or performing works in the railway area for the Company. Entry to the railway area carried out by such persons is necessary to determine the scope of work/services, and entry to the railway area before concluding the contract constitutes activities aimed at concluding the contract, even if the entity ultimately does not conclude an agreement with the Company.

The entity authorized to issue entry cards for such persons is PKP PLK S.A. Railway Lines Department in accordance with § 5 section 2 point 2 of the Rules, while the scope and validity period of the authorization should result from the documentation of the contract award procedure, in particular from the tender specifications.

4. Permit for entry and movement of a road vehicle issued by the Railway Lines Department.

We would like to point out that a permit to enter and move a road vehicle does not constitute an authorization for the driver of such a vehicle or its passengers. Each person driving or being in a road vehicle in the railway area is obliged to have an appropriate document authorizing entry to the railway area.

The application for a permit to enter a car should be submitted directly to the Railway Lines Plant, where the works/services will be performed. The procedure for examining the application is at the disposal of the Railway Lines Plant as the entity authorized to issue a permit for the entry and movement of a road vehicle, and the application must include all information appearing on the permit in accordance with the entry permit template – Annex No. 3.