Infrastructure charges are the charges in which railway undertaking pays for using the railway infrastructure.
The fees are paid to the infrastructure manager, which manages the rail infrastructure network.
For travel on the state's railway infrastructure, the railway undertakings pay train kilometer tax and bridge tolls for crossing “Storebaelt” and “Øresund”. These charges are calculated in one as infrastructure charges and are used to finance Banedanmark.
The infrastructure charges are cost-based and are set anew every four years. In the intervening years, the infrastructure charges are index-regulated.
Banedanmark has a fine/bonus system, which respectively financially punishes and rewards railway undertakings in relation to delays.
The fees are collected by Banedanmark in connection with the rates and other conditions that appear in the current executive order on Infrastructure fees etc. for the state's railway infrastructure network.
The rates and other principles for the collection of fees in the aforementioned executive order must be in accordance with, the executive order in force at all times on payment for use of the state's railway infrastructure network and environmental subsidies for freight transport by rail. Among other things, the executive order contains requirements that the train kilometer tax must be set as the cost that is incurred directly as a result of an average train running on the railway infrastructure (marginal cost principle).
In this regard, reference can be made to the Danish Regulatory Body advisory opinion in JN34-00031 on DB Schenker RS' complaint about Banedanmark's determination of infrastructure charges, where the board found that the then rate for the train kilometer charge was set in accordance with the marginal cost principle.
Furthermore, reference can be made to the Commission's implementing regulation on the calculation of the costs incurred directly as a result of the railway operation.
Banedanmark's decisions regarding railway infrastructure charges can be appealed to the Danish Regulatory Body.