Response to requests
Article 9
1. After receipt of all necessary information, the operator of a service facility shall respond to requests for access to and supply of services in service facilities listed in point 2 of Annex II to Directive 2012/34/EU within the reasonable time limit set by the regulatory body in accordance with Article 13(4) of Directive 2012/34/EU. Different deadlines may be set for different types of service facilities and/or services. 2. Where the operator of a service facility has responded with an offer of access to the service facility, that offer shall remain valid for a reasonable period of time which it specifies and which shall take account of the business needs of the applicant. 3. Regulatory bodies shall set the time limits to respond to requests submitted by applicants as provided for in Article 13(4) of Directive 2012/34/EU prior to the publication of the first network statement subject to the rules of this implementing Regulation in order to ensure compliance with Article 27(4) of Directive 2012/34/EU. 4. For ad hoc requests concerning access to service facilities and services listed in points (a) to (d) and (f) to (i) of point 2 of Annex II, when setting the time limits in accordance with Article 13(4) of Directive 2012/34/EU, regulatory bodies shall take into account the time limits set out in Article 48(1) of Directive 2012/34/EU. Where regulatory bodies have not defined time limits for such ad-hoc requests, the operator of a service facility shall answer the request within the time limits set out in Article 48(1) of the Directive. Where the operator of a service facility has defined an annual deadline for submitting requests for access to service facilities and rail-related services listed in points (a) to (d) and (f) to (i) of point 2 of Annex II, the time limits for answering late requests defined by the regulatory body shall take account of the time limits applied by infrastructure managers for processing such requests. For service facilities and rail-related services listed in point (e) of point 2 of Annex II, the time limit shall start once the technical compatibility of the rolling stock with those facilities and the equipment has been assessed and the applicant was informed thereof. 5. Operators of service facilities providing additional and ancillary services listed in points 3 and 4 of Annex II to Directive 2012/34/EU shall respond to requests for such services within the time limit set by the regulatory body or, where such a time limit has not been set, within reasonable time. Where an applicant submits ad hoc requests for several rail-related services supplied in one service facility and it indicates that only their simultaneous allocation is of use, all service facility operators concerned, including suppliers of additional and ancillary services listed in points 3 and 4 of Annex II, shall respond to those requests within the reasonable time limit referred to in paragraph 4. For rail-related services listed in point (e) of point 4 of Annex II, the time limit shall start once the technical compatibility of the rolling stock with the facilities and the equipment has been assessed and the applicant was informed thereof. 6. With the agreement of the applicant concerned, the time limits referred to in paragraphs 3, 4 and 5 may be extended. 7. Rights of access to railway infrastructure and rail related services shall not be transferred to other applicants. 8. If an applicant intends not to make use of a right of access to a service facility or a rail related service granted by the service facility operator, it shall inform the operator concerned without undue delay.