In addition to the cost that is directly incurred as a result of operating the train service (cf. Implementing Regulation 2015/909), the infrastructure manager can, in accordance with article 56§1 of the Rail Codex, decide to charge additional fees for the use of the railway infrastructure in order to obtain full coverage of the costs incurred by them (via article 14 of the Royal Decree of 19 July 2019). In this context, Infrabel has changed its tariff structure and the formulas for calculating the direct cost and the additional fees were published in the Network Statement of 2021.

On January 28, 2020, the Regulatory Body started a monitoring mission to test the conformity of the additional levies, including the principle of “hyper-peak” with the applicable regulations, more specifically the Rail Codex and its implementing decisions.

In view of the conclusion that the tariff levy “hyper-peak” does not meet the legal conditions laid down in article 58 of the Rail Codex, and taking into account the tariff and economic continuity of Infrabel and its customer, the Regulatory Body has taken the following decision, pursuant to article 63§3 of the Rail Codex:

  • The “tariff hyper-peak” on sections other than the North-South connection may not be applied for the market segments HKV non-PSO and HST, and this with immediate effect. Any claim of the current “hyper-peak rate” on these other sections is null and void.
  • The “tariff hyper-peak” on sections other than the North-South connection for the HKV-PSO segment may no longer be applied after the 2021 timetable has been closed. Any claim of the “tariff hyper-peak” on these other sections will then be void.

The full decision can be found here (in Dutch and French only) .