TERMS & CONDITIONS

Of FREIGHT CARRIAGE

(RPT)

PKP CARGO S.A.

Effective from August 1, 2021

All rights reserved. Reproduction or copy of the document in whole or in part and misuse for purposes

not related with carriages realized by PKP CARGO S.A. is possible only with the consent of

PKP CARGO S.A.

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Table of content

Explanation of abbreviations and terms: 4 CHAPTER 1 7 GENERAL PROVISIONS 7 § 1 Scope of application of rules and services 7 § 2 Consignment carriage dates 7 § 3 Rules for the provision of carriage services and additional services related with the transport 7 CHAPTER 2 8 DISPATCHING, CARRIAGE AND HANDING OVER OF CONSIGNMENTS 8 § 4 Ordering of wagon provided by the carrier 8 § 5 Notice of intention to dispatch the wagon provided by the customer 10 § 6 General provisions relating to the consignment note 11 § 7 Rules for completing the national consignment note 12 § 8 Labeling of consignment 12 § 9 Supplying wagons for loading 12 § 10 Stopover of the wagon, for which no fee is charged 13 § 11 Determination of stopover time of wagon subject to charges 13 § 12 Loading operations 13 § 13 Weighing of consignment and taring of the wagon 14 § 14 Examination of the consignment. Improvement of loading, reloading of consignment. 15 § 15 Payment of shipment costs and incidental costs 16 § 16 Notification of arrival and preparation of the consignment to hand-out 17 § 17 Hand-out of consignment and consignment note 17 § 18 Waived 18 § 19 Condition of the wagon returned after loading. Cleaning of railway land 18 § 20 Washing and decontamination of wagon 19 § 21 Amendment of the contract of carriage under subsequent order 19 § 22 Circumstances preventing carriage or delivery of the consignment 20 § 23 Loss, wastage or damage 20 CHAPTER 3 22 CARRIAGE OF CONSIGNMENTS WHEN USING PRIVATE SIDINGS 22 § 24 General provisions 22 § 25 Sharing of private siding 23 § 26 Delivery of wagons to the transfer point of the private siding 23 § 27 Collection of wagons from the transfer point of the private siding 24 § 28 Determination of the period of remaining at the disposal of the siding user of wagons provided by the carrier 24 CHAPTER 4 25 CARRIAGE OF CONSIGNMENTS LOADED OR UNLOADED AT A PUBLIC LOADING SIDING 25 § 29 General provisions 25 § 30 Supply of wagons at a public loading siding 26 § 31 Collecting wagons from the public loading siding 27 § 32 Determination of the time of remaining at the disposal of the consignor/consignee of a wagon provided by the carrier at the generally accessible loading track 27 CHAPTER 5 29 CARRIAGE OF WAGONS PROVIDED BY THE CUSTOMER 29 § 33 Formalities related to dispatching wagons provided by the customer 29 § 34 Waived 29 § 35 Freight rates related to the carriage 29 § 36 Procedure in the event of wagon damage 29 CHAPTER 6 29 CARRIAGE OF GOODS OF STRATEGIC IMPORTANCE IN INTERNATIONAL TRANSPORT 29 § 37 Determination of strategic goods 29 § 38 Formalities related with the dispatch of goods of strategic importance 30 CHAPTER 7 30 CUSTOMS FORMALITIES 30 § 39 Declaration of goods for the Union transit procedure 30 § 40 Import and export summary declarations and the summary declaration for temporary storage 30 CHAPTER 8 31 CONSIGNMENTS TRANSFERRED IN THE COURSE OF CARRIAGE FROM BROAD-GAUGE WAGONS TO STANDARD-GAUGE WAGONS OR VICE VERSA 31 § 41 Overcharge of consignments 31

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§ 42 Additional provisions 32 CHAPTER 9 32 CARRIAGE OF WASTES 32 § 43 General provisions 32 § 44 Formalities in connection with the carriage of wastes 32 CHAPTER 10 33 CARRIAGE OF CONSIGNMENTS FROM AND TO STATIONS LOCATED AT CLOSED STANDARD-GAUGE LINES 33 § 45 General provisions 33 § 46 Conditions of using stations located on closed standard-gauge lines 33 § 47 Dispatching consignments 34 § 48 Delivery of consignments 34 § 49 Determination of the time of remaining at the disposal of the consignor/ consignee of a wagon provided by the carrier 34 CHAPTER 11 35 CARRIAGE OF EXCEPTIONAL CONSIGNMENTS 35 § 50 Definition of exceptional consignments 35 § 51 Notice of intention to dispatch an exceptional consignment 36 § 52 Notification of authorization for the carriage of an exceptional consignment 36 CHAPTER 12 37 § 53 Special rules for completion of consignment notes for goods subject to the statutory monitoring system 37 § 54 Identification of goods subject to the statutory monitoring system 37 § 55 Formalities related to the transport of goods subject to the statutory monitoring system 37 § 56 Conditions of carriage of consignments on railway lines or sidings which are under construction or modernization 39 CHAPTER 13 39 OTHER PROVISIONS 39 § 57 Transport of shipments from/to railroad lines or sidings under construction or modernization 39 § 58 General rules regarding transport as part of the Feed Safety Management System 39 § 59 Complaint procedure 40 § 60 Personal data protection 40 LIST OF APPENDICES AND TEMPLATES 40

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Explanation of abbreviations and terms:

BDO

-

Database on products and packaging and on waste management

CIM

-

Uniform Rules Concerning the Contract of International Carriage of

Goods by Rail (Appendix B to the Convention Concerning

International Carriage by Rail - COTIF)

CSC - Customer Support Center

COK address data are included in Appendix No. 5 to WOT Part I

ELP - Electronic consignment note

e-ELP

- Online application enabling the use of ELP available at

www.pkpcargo.com in the e-Service portal

e-Invoice Online application for sending invoices in electronic form available at www.pkpcargo.com in the e-Service portal

e-Consignment Online application enabling the authorized entity to register wagon orders/notifications of intention to send a wagon delivered by the customer for carriage and access information about the consignment and its location; the application is available at www.pkpcargo.com on the e-Service portal

e-Service - Online portal enabling the use of applications: e-ELP, e-Consignment and e-Invoice available at www.pkpcargo.com.

k.c. - Polish Civil Code

Customer - The consignor or consignee of carried goods, making the payments

of receivables or entity organizing the carriage of goods on behalf of

the consignor, the consignee or the owner of the goods and making

the payments of receivables

Domestic transport - Carriage of consignments made on the basis of a domestic

consignment note between stations located on the territory of Poland,

except in cases determined for export and import transport

Export transport - Carriage of consignments dispatched on the basis of:

1) an international consignment note from stations situated on the

territory of the Republic of Poland to stations situated outside the

territory of the Republic of Poland,

2) a domestic consignment note from stations situated on the

territory of the Republic of Poland to stations situated in the area of

maritime and inland ports of the Republic of Poland for further

exports by waterway outside the territory of the Republic of Poland

Import transport - Carriage of consignments dispatched on the basis of:

1) an international consignment note from stations situated outside

the territory of the Republic of Poland to stations situated on the

territory of Poland,

2) a domestic consignment note arrived from outside the territory of

the Republic of Poland by waterway to marine and inland ports of the

Republic of Poland and then dispatched to stations situated on the

territory of the Republic of Poland, identified as the first place of

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destination of the consignment

Transit transport - Carriage of consignments dispatched on the basis of an international

consignment note, from stations situated outside the territory of the

Republic of Poland to stations situated outside the territory of the

Republic of Poland and transported through the territory of the

Republic Of Poland, including through Polish sea and inland ports as

well as carriage on the basis of a CIM consignment note exchanged

for a SMGS consignment note or vice versa

WTN - Waste Transfer Note

MRN - Registration number assigned by the customs office for customs

declarations

Additional costs - Incidental costs incurred prior to the takeover of the consignment for

carriage or after its hand-out

Shipment costs - Carriage charges, incidental costs and other charges resulting from

the acceptance of the consignment for carriage until its hand-out

NHM - Harmonized Commodity Code

Tariff distance - Forwarding distance considered for calculation of freight

Incidental costs - Charges for additional operations

Consignment - Dispatched for carriage by one consignor at one forwarding station to

one consignee at one station of destination on the basis of one

consignment note:

1/ goods loaded on one or more wagons,

2/ rail vehicles running on own wheels,

3/ empty wagons provided by the Customer

Carriage charges Fee for the carriage of consignment

Carrier - The contracting carrier, with which the consignor has concluded a

contract of carriage or a successive carrier responsible under this

contract

Loading point - Place designated to carry out loading activities, acceptance, hand-out

of consignments and wagons and checking their status

RID - Regulations concerning the International Carriage of Dangerous

Goods by Rail (Appendix C to the Convention Concerning

International Carriage by Rail - COTIF)

R25 - Transfer note for returned wagons, on the basis of which the wagons

are transferred to the freight stations (Template No. 22)

As equivalent to R25 is considered to be another document specified

in the agreement on handling the loading point, on the basis of which

the wagons are transferred

R27 - Notification on wagons ready to be collected, on the basis of which

wagons are taken from the freight stations (Template No. 23).

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As equivalent to R27 is considered to be another document specified

in the agreement on handling the loading point, on the basis of which

the wagons are removed

RP - Republic of Poland

SENT - Electronic Goods Monitoring System

SMGS - Agreement on International Goods Transport by Rail

Station - Complex of operational objects, where activities are being conducted

related to accepting for carriage and hand out of consignments

Tariff - Freight Tariff of PKP CARGO S.A.

TWR - Dangerous goods of high risk, the definition of which and their list, as

well as handling methods are set out in Chapter 1.10 RID/Appendix 2

to SMGS

EU - The European Union

UIC - International Union of Railways

UTI - Intermodal transport units, whose construction and marking

correspond to standardized parameters as specified by ISO

(International Organization for Standardization) and UIC

commercial contract Agreement defining the terms and conditions of cooperation within

the scope of rail freight transport services realized by PKP CARGO

S.A

Act of Transportation Law - The act of 15 November 1984 – Transportation Law (as amended)

Wagon provided by carrier - wagon owned by PKP CARGO S.A. or wagon, for which PKP

CARGO S.A. is an entity authorized to dispose of, transferred by the

Carrier for the purpose of transport (previously: wagon belonging to

the railway)

Wagon provided by the

customer

- Wagon provided by the customer for the purpose of transport

WOT - The list of tariff distances of PKP CARGO S.A.

Appendix 2 to SMGS - Provisions on the carriage of dangerous goods

Appendix 3 to SMGS - Remarks on technical securing and loading conditions

Permanent coupled group - carriage of a consignment without changing its composition consisting of a minimum of 2 wagons not constituting a compact assembly, from the station of dispatch / border point to the station of destination / border point

Compact train composition - carriage without changing the composition of at least 17 wagons or 800 tonnes net, constituting a consignment, from the station of dispatch / border point to the station of destination / border point

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CHAPTER 1

GENERAL PROVISIONS

§ 1 Scope of application of rules and services

1. The Terms and Conditions of Freight Carriage (RPT) PKP CARGO S.A. hereinafter referred to as the "Terms”

defines the rules for the sale of services, acceptance for carriage, carriage and hand-out of freight

consignments, hereinafter referred to as "Consignments" by PKP CARGO S.A.

2. In respect of carriage in international communication, these Terms only apply if the existing provisions in this

matter and international agreements do not provide otherwise.

3. PKP CARGO S.A. performs railway carriages of goods and persons in domestic and international

communication, including independent carriages outside the borders of the Republic of Poland under licenses

held, in accordance with the generally applicable provisions on the basis of a contract of carriage and provides

additional services in connection with the carriage as well as comprehensive logistics services of shipments.

4. The list of stations and the range of services on individual stations, including allocation to the CSC, are included in WOT Part I.

5. The contact details of COK are included in Appendix No. 5 to WOT Part I. 6. Information on the scope of services, carriage restrictions, applicable tariffs, regulations, provisions can be

obtained at the PKP CARGO S.A. organizational units, and also on the web site: www.pkpcargo.com.

§ 2 Consignment carriage dates

1. Periods of carriage:

1) for consignments in permanently coupled trains:

up to 150 km tariff distance - 36 hours and for each subsequent commenced 150 km tariff distance - 18

hours;

2) for other consignments:

up to 150 km tariff distance - 48 hours and at each subsequent commenced 150 km tariff distance - 24

hours

- subject to paragraph 2 - 6.

2. The time limits as set in paragraph 1 shall be extended by:

1) 24 hours for the carriage of consignments on lines with different track gauge at each gauge change;

2) 36 hours for the transportation of the consignments listed in paragraph 1 (2) through stations:

Poznań Franowo Tarnowskie Góry, Skarżysko Kamienna.

3. Other carriage dates may be specified in the commercial contract.

4. The carriage dates for any extraordinary consignment is agreed individually in the commercial agreement or in

other written or document form.

5. The time limits for the consignments laid down in paragraphs 1 and 2 shall be additionally extended or

suspended in cases referred to in Article 49 of the Act of Transportation Law. The cause and extension of time

and the suspension of the carriage time limit, PKP CARGO S.A. indicates in the consignment note.

6. The period of carriage begins at 00:00 on the day after the date of acceptance of shipment and shall expire with

the preparation of consignment to hand-out.

§ 3 Rules for the provision of carriage services and additional services related with the transport

1. PKP CARGO S.A. performs carriage services on the principles set out in these Terms, the Tariff and other

regulations issued by PKP CARGO S.A. on the basis of the Act of Transportation Law.

2. The conditions of services may be established in commercial contracts. When negotiating commercial

contracts, the following criteria shall be taken into account:

1) type of goods (name of good, NHM item/NHM item list), type of UTI;

2) planned total weight of consignment;

3) parameters of the consignment (weight of the consignment, type/series and ownership of the wagon,

loading on wagon);

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4) carriage relation;

5) period of the contract;

6) additional requirements relating to the organization and the quality of carriage and rail vehicles;

7) other economic considerations affecting the optimization of carriages;

8) other criteria resulting from individual circumstances of the Customer.

3. The provisions of Article 68 2 Civil Code do not apply to commercial contracts.

4. Only with the use of tariff prices, PKP CARGO S.A.:

1) provides new transport services (not already covered by the commercial contract) to Customers that have

debts to PKP CARGO S.A., until repayment of the debt or until agreement of the repayment conditions;

2) offers carriage services to entities other than the entrepreneur who conducts a procurement procedure for

the carriage of specific goods (NHM item), under which PKP CARGO S.A. submits an offer or sales

proposal, as well as in the field of carriages conducted by PKP CARGO S.A. for the given entrepreneur as

a result of a previous proceeding pending the outcome of the proceedings.

5. If PKP CARGO S.A. participates in the procurement procedure, which was not announced by the final

consignee of services for the transport of goods – so in terms of such carriage submits identical offers to all

entities requesting such services.

CHAPTER 2

DISPATCHING, CARRIAGE AND HANDING OVER OF CONSIGNMENTS

§ 4 Ordering of wagon provided by the carrier

1. The consignor orders the wagons in the manner as specified in paragraph 2 or 3, on the following terms:

1) not later than three days before the scheduled delivery date of wagon for loading, subject to points 2 to 4;

2) for the transport of strategic goods - in accordance with the provisions of § 38 (1);

3) for the transport of waste - in accordance with the provisions of § 44 (1);

4) Within a period of less than 3 days:

a) before the scheduled delivery date of the wagon for loading, if PKP CARGO S.A. disposes of the

wagon,

b) if the consignee dispatches the consignment without unloading it from the wagon,

c) in a double loading operation;

5) In appropriate advance, which guarantees compliance with the terms referred to in points 1 to 4 if the

station is open for operations related to accepting for carriage and hand out of consignments on

designated days of the week.

2. The Consignor submits via the e-Consignment application no later than on the designated day by 9:00 a.m.

Prerequisite for using the electronic order is to gain access to the e-Consignment application on the basis of the

request (Template no. 1). The instruction for using the e-Consignment application is available after logging in to

the application. The regulations contained in paragraphs 4-11 apply accordingly.

3. In case of disturbances in the current use of the e-Consignment application or in case of not using the e-

Consignment application, the Consignor sends the wagon order (Template no. 1a) by means of electronic

communication or in any other agreed way to the COK competent for the station of dispatch no later than on the

designated day by 9:00 a.m. Another document is also considered to be equivalent to the template no. 1a,

provided that all data resulting from the template order are indicated in it.

At the Consignor’s request, PKP CARGO S.A. confirms the placement of wagon order by means of electronic

communication or in another way agreed upon with the Consignor.

4. The order for wagons shall:

1) specify the type, series and quantity of wagons needed for carriage, name of the product, NHM item No.,

weight of goods to be dispatched, number and size of containers, planned date and time of delivery of

wagon for loading and the address of the consignor and consignee, REGON of the consignor and

consignee, dispatch station and destination of the consignment, place of wagon delivery agreed with PKP

CARGO S.A. at the dispatch station and at the destination station, commercial contract No., information

whether the transport is covered by the timetable;

2) additionally in case of:

a) strategic goods – under Remarks enter the name of the product with the control number identified on

the basis of the List of dual-use items or military list,

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b) wastes – under Remarks enter as follows: - type and code of the waste according to the waste catalogue and, in case of hazardous waste,

also the data according to (c), - remark: "requires a WTN in BDO" if establishing a WTN in BDO is required,

c) dangerous goods - under Remarks enter:

- the number of risk, letter "UN and UN number - if the transport unit is labeled with an orange

plate,

- the letter 'UN and UN number of good/s - if the transport unit is labelled only with a warning

adhesive/s,

- the letters "NO" and No. of warning adhesive/s - if are empty uncleaned packages are being

carried and the UN number/s of residues is not known,

- the letters 'TWR" in each case of a TWR consignment (in accordance with Chapter 1.10

RID/Appendix 2 to SMGS),

- the letters "LQ" in case of consignments containing dangerous goods packed in quantities limited

(in accordance with Chapter 3.4 RID/ Appendix 2 to SMGS),

d) goods subject to the statutory monitoring system dispatched in UTI - in column 2a enter the NHM

position of the goods subject to the statutory monitoring system,

e) carriage of goods in accordance with the GMP + B4 Transport Standard - in column "Remarks" enter

"GMP + FSA secured",

f) international transport services - under Remarks enter: country of destination, border crossings and

names of carriers that will carry out transport outside the Republic of Poland,

g) necessity to provide wagons in groups at a siding due to restrictions of the loading spot – under

Remarks enter: “Group provision”;

3) If necessary, in addition to the above data - provide:

a) additional requirements of the wagon,

b) the volume or the dimensions of the goods, number and dimensions of containers,

c) request to carriage the consignment within the contractual date of carriage,

d) request of additional services from PKP CARGO S.A.,

e) information about carriage in a compact train composition of consignments that will be dispatched on

the basis of separate consignment notes.

5. The implementation of changes to data in the placed order for wagons requires a written agreement between

the Customer and PKP CARGO S.A. e.g. by means of electronic communications.

6. About the refusal of realization of placed orders for wagons, PKP CARGO S.A. is required to notify the

consignor as agreed, not later than 12 hours before the beginning of the day for which the order had been

submitted.

If PKP CARGO S.A. does not fulfill this obligation, the order shall be deemed to be accepted for execution.

7. If the realization of the order is not possible on the date for which the order had been placed, PKP CARGO S.A.

refuses the execution of the order, however if the Customer does not resign from this order, PKP CARGO S.A.

proposes a new delivery term and/or another type /series of wagons.

The agreement upon a new term and/or other type/series of wagons is done with simultaneous notification of

the consignor about the refusal to perform the order, without having to place a new order.

8. If the realization of order being accepted for realization is not possible for reasons directly attributable to PKP

CARGO S.A., then with consent of the Customer, the employee of PKP CARGO S.A. shall establish a new term

and/or another type /series of wagons.

The agreement upon a new term and/or other type/series of wagons is done with simultaneous notification of

the consignor about the lack of possibilities to perform the order, without having to place a new order.

9. In cases referred to in paragraphs 7 and 8 the principles referred to in paragraphs 1 and 2 do not apply.

The fact of establishing a new term and/or other type/series of wagons, the Customer shall confirm as agreed

with PKP CARGO S.A.

In the event of Customer’s resignation from the order for wagons for an agreed term, the provisions of

paragraph 11 shall apply.

10. The order that remained unrealized on time for which it was placed - if no new delivery term and/or other types/

series of wagons have been agreed - and an order which has not been realized despite the agreements made

pursuant to paragraphs 7 and 8 shall be deemed to be obsolete.

11. If the Customer for reasons not attributable to PKP CARGO S.A:

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1) resigns from the ordered wagon after 12:00 on the day preceding the date on which the order was

accepted for realization and the wagon has not been delivered to the loading post;

2) refuses to accept the wagon delivered in accordance with the order accepted for implementation

3) the delivered wagon will not be loaded;

a fee shall be charged according to tariff provisions.

§ 5 Notice of intention to dispatch the wagon provided by the customer

1. The consignor is obliged to notify, in the manner specified in paragraph 3 or 4, about the intention to dispatch

a wagon provided by the customer on following dates:

1) not later than three days before the scheduled date of dispatching, subject to points 2 to 4;

2) with strategic goods - in accordance with the provisions of § 38(1);

3) with waste - in accordance with the provisions of § 44(1);

4) in an advance guaranteeing compliance with deadlines determined under (1)-(3), if the station is open for

activities related to accepting for carriage and hand out of consignments only on designated days of the

week.

2. If the consignor does not meet the deadlines and reports the wagon for carriage in a shorter time than provided

for in paragraph 1, then PKP CARGO S.A. can accept the wagon submitted for carriage, provided it has the

means necessary for realization.

3. The notification of intention to send for carriage a wagon delivered by the Customer shall be submitted by the

Consignor via the e-Consignment application not later than on the designated day until 9:00 a.m. Prerequisite

for using the electronic notification is to gain access to the e-Consignment application on the basis of the

request (Template no. 1). The instruction for using the e-Consignment application is available after logging in to

the application.

The regulations contained in paragraphs 4-11 apply accordingly. 4. In case of disturbances in the current use of the e-Consignment application or in case of not using the e-

Consignment application, the Consignor sends the notification of intention to send a wagon for carriage

(Template no. 1a) by means of electronic communication or in any other agreed way to the COK competent for

the station of dispatch no later than on the designated day by 9:00 a.m. Another document is also considered to

be equivalent to the template no. 1a, provided that all data resulting from the template order are indicated in it.

At the Consignor’s request, PKP CARGO S.A. confirms the placement of wagon order by means of electronic

communication or in another way agreed upon with the Consignor.

5. The notification of intention to dispatch a wagon provided by the customer shall:

1) specify: number of wagons, name of the goods, NHM position, weight of goods sent and gross weight,

length of wagons, planned date and time of handover of PKP CARGO SA wagons, address of the

consignor and consignee, REGON of the consignor and consignee, station of dispatch and destination of

the consignment, place of handover of the wagon as agreed with PKP CARGO SA at the station of

dispatch and destination, commercial contract number, information on whether the carriage is covered by

the schedule;

2) additionally in case of:

a) strategic goods - under Remarks, enter the product name with the control number identified on the

basis of the list of dual-use items and technology or the Military List,

b) wastes - under Remarks, enter as follows:

- type and code of the waste according to the waste catalogue and, in case of hazardous waste, also the data according to (c),

- remark: "requires a WTN in BDO" if establishing a WTN in BDO is required, c) dangerous goods - under Remarks enter:

- hazard number, letters "UN" and UN number - if the transport unit is marked with an orange plate,

- the letters 'UN' and the UN number of the good /goods - if the transport unit is marked with only a

warning label /warning labels,

- the letters 'NO' and the number of the warning label /numbers of the warning labels - if the vain

uncleaned packaging is transported and the UN number /numbers of the residue are not known,

- the letters "TWR" in each case of TWR shipment (according to Section 1.10 RID / Annex 2 to SMGS),

- the letters 'LQ' for consignments of dangerous goods packed in limited quantities (according to

Section 3.4 of the RID / Annex 2 to the SMGS),

d) goods subject to the statutory monitoring system dispatched in UTI - in column 2a, enter the HM

number of the good subject to the statutory monitoring system,

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e) international transport – under Remarks enter: country of destination, border crossings and names of

carriers that will carry out transport outside the Republic of Poland,

f) necessity to provide wagons in groups at a siding due to restrictions of the loading spot – under

Remarks enter: “Handover in groups”;

3) if necessary, in addition to the above data - enter:

a) request to transport the parcel at the contractual date of carriage,

b) request to perform additional services by PKP CARGO S.A.,

c) information on carriage in a consignment block train, which will be dispatched on the basis of separate

consignment notes.

6. Changes to the data in the submitted notification requires a written agreement between the party ordering the

carriage and PKP CARGO S.A. e.g. by means of electronic communication.

7. PKP CARGO S.A. is obliged to notify the consignor on the refusal to accept the realization of carriage of the

wagon provided by the customer in accordance with the submitted notification in a manner as agreed with him,

no later than 12 hours before the beginning of the day for which the notification was being submitted.

If PKP CARGO S.A. fails to fulfill this obligation, the notification shall be deemed accepted for realization.

8. If it is impossible to realize the carriage on the day for which the notification about the intention to dispatch the

wagons provided by the customer has been submitted, PKP CARGO S.A. refuses to accept the realization of

the carriage, however, if the consignor does not resign from the intention to dispatch the consignment, PKP

CARGO S.A. proposes a new date.

The establishment of a new date takes place simultaneously with notifying the consignor of the refusal to accept

the realization of the carriage of the wagon provided by the Customer, without the need to re-submit the

notification by the consignor.

9. If the realization of the carriage of the wagon provided by the customer in accordance with the notification is

impossible for reasons attributable to PKP CARGO S.A., PKP CARGO S.A. refuses to accept the realization of

the carriage, however, if the consignor does not resign from the intention to dispatch the consignment, PKP

CARGO S.A. proposes a new date.

The establishment of a new date takes place simultaneously with notifying the consignor of the refusal to accept

the realization of the carriage of the wagon provided by the customer, without the need to re-submit the

notification by the consignor.

10. In case referred to in paragraphs 8 and 9, the rules set out in paragraphs 1 - 4 shall not apply.

The fact of establishing a new date of carriage of the wagon provided by the customer is confirmed in written by

the ordering party in a manner agreed with PKP CARGO S.A.

11. The notification of intention to dispatch a wagon provided by the customer which has not been realized on time

for which it was submitted - if a new date for the transport was not agreed and a notification on the basis of

which the carriage was not carried out despite the agreements made pursuant to paragraphs 8 and 9 is

considered to be outdated.

§ 6 General provisions relating to the consignment note

1. The proof of concluding the contract of carriage is the consignment note 1) in electronic form, however the consignment data should be reported in the e-ELP application before

handing over the goods for carriage or 2) in paper form, which should be delivered to PKP CARGO S.A. no later than during the handover of goods

for carriage - subject to the provisions of § 55.

2. In case of ELP, the Consignor provides the consignment data via the e-ELP application.

The use of an electronic consignment note is subject to conclusion of a contract regulating the terms of

electronic data exchange for the consignment note (Template No. 35).

3. The consignor encloses the documents necessary for the realization of the carriage via the application e-ELP.

If the consignment note is in paper form, the consignor attaches documents necessary for the realization of

carriage to the consignment note. In the event of inability to enclose them at the time of dispatching the

consignment, he provides them in good time at completion of required formalities, indicating in the consignment

note the fact of enclosing or place of submission.

The consignor is responsible for the effects arising due to the absence, insufficiency or irregularities of these

documents.

4. The consignor may on the basis of a single consignment note dispatch goods belonging to one or more NHM

positions loaded on one or more wagons, except in cases referred to in paragraph 5.

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5. The consignor may not dispatch the following goods loaded on the same wagon or container:

1) perishable goods with other goods;

2) goods which due to their properties should not be loaded together;

3) pieces of consignment labeled with different adhesives, if such loading is not authorized in accordance with

the provision of 7.5.2 RID/Appendix a 2 to SMGS.

6. The domestic consignment note (Template No. 2) consists of four parts:

1) the original of the consignment note accompanying the consignment and hand-out to the consignee at the

station of destination together with the consignment;

2) invoice consignment note accompanying the consignment including the original of the consignment notes

all the way, destined for PKP CARGO S.A. and being a document constituting the basis for the settlement

of receivables;

3) duplicate invoice of the consignment note remaining at the dispatch station;

4) duplicate of the consignment note handed-over to the consignor.

7. In case if on the basis of one consignment note more than one wagon is being dispatched, the consignor shall

draw up an Appendix to the consignment note in four copies (Template No. 3) and in case of UTI – Appendix to

the consignment note (Template No. 4).

For UTI consignments it is admissible to draw up the Appendix to the consignment note (Template No. 4), also

in case when one UTI wagon is being dispatched.

8. PKP CARGO S.A., depending on the relation of communication, performs the carriage on the basis of the

consignment note: domestic, CIM, SMGS and CIM/SMGS.

9. The templates CIM, SMGS and CIM/SMGS consignment notes, as well as the principle of their fulfilment by the

consignor are contained in separate provisions.

§ 7 Rules for completing the national consignment note

1. The method of electronic data reporting via the application e-ELP is contained in the e-ELP System User

Manual available after logging in to the application.

2. The Consignor shall fill in all sections of the consignment note in paper form the boxes framed in thick lines

with durable and clear lettering or print information in accordance with the rules described in Appendix No. 1.

The Consignor of the consignment is solely responsible for filling in the boxes of the consignment note intended for him.

3. The employee of PKP CARGO S.A. in a paper consignment note received from the Consignor enters information in accordance with the rules described in Appendix No.1.

§ 8 Labeling of consignment

1. On the outside of the wagon/container, the consignor places depending on the characteristics of the

consignment: labeling referred to in RID/Appendix 2 to SMGS, such as:

1) large warning labels – according to template and description in provision 5.2.2.2.2 and provision 5.3.1.7;

2) etiquettes for materials dangerous to the environment and goods of materials with increased temperature -

according to template respectively in provision 5.2.1.8 and 5.3.3;

3) signs for maneuvering - according to template in provision 5.3.4.2;

4) warning sign on fumigation - according to template in provision 5.5.2.3;

5) orange tables containing the number of risk and UN number of goods - according to template in provision

5.3.2.2.3;

6) warning sign on cooling/air conditioning - according to template in provision 5.5.3.6.

2. The markings referred to in paragraph 1 are to be supplied by the consignor on his own.

§ 9 Supplying wagons for loading

1. Wagons ordered for loading are supplied by PKP CARGO S.A. to the location indicated by the consignor

in the contract.

2. The consignor of the consignment is obliged to check that the supplied wagon is of the correct type for the

carriage, that it is duly cleaned and that the goods for which it has been ordered, and will not cause any

damage or reduce quality; that floors, walls and the roof does not show any visible defects that could cause the

loss of or damage to the consignment.

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§ 10 Stopover of the wagon, for which no fee is charged

1. There are no charges for the following periods :

1) for customs formalities relating to the submission of customs declaration:

a) not more than 3 hours - for homogeneous goods,

b) not more than 6 hours - for non-homogeneous goods;

2) performing inspections required by the competent institutions, i.e.: quality of the product, health,

phytosanitary or veterinary - not more than 24 hours however, the fact of making the inspection should be

confirmed by a document issued by the institution making it;

3) for defrosting of goods as indicated in the protocol (Template No. 15) in case if it has been found by PKP

CARGO S.A. and the consignee upon arrival of the consignment with a frozen load - not more than 24

hours;

4) wagon stopover for reasons attributable to PKP CARGO S.A. The periods referred to in points 2 and 3 may be applied only once for each wagon of the given consignment.

2. The periods for the realization of the operations referred to in paragraph 1 (1)-(3) shall not be subject to

accumulation.

3. The time referred to in paragraph 1 is not counted in:

1) the time of remaining at the disposal of the consignor/consignee of wagon provided by the carrier;

2) track occupancy;

3) stopover of wagon referred to in § 11.

§ 11 Determination of stopover time of wagon subject to charges

1. The provisions of this paragraph shall apply to stopover of wagon:

1) on the road (at the intermediate station) due to obstacles in the carriage (with the exception of an

impediment due to fault on the part of the carrier) or withholding of consignment at the request of the person

entitled;

2) due to obstacles in hand-out of the consignment;

3) used for the carriage of consignment in international communication via a Polish sea port;

4) due to waiting times for the execution of activities other than loading (e.g. waiting for customs formalities or

other action required by competent institutions, for the provision of all documents being necessary for the

realization and settlement of the carriage);

5) in the event of seizure or confiscation of the consignment.

2. The stopover of wagon on the road (at the intermediate station) due to:

1) obstacles in carriage counts from the time of sending the notice about the obstacle to the person entitled

until the cessation of the obstacle e.g. improvement of loading, hand-out, sale of goods;

2) withholding the consignment at the request of an entitled person counts from the stopping time of the wagon

until implementation of instructions given by the person entitled, who requested the withholding of the wagon.

3. The stopping time of the wagon due to obstacles in hand-out of consignment shall be calculated from the

delivery of the wagon or the start of the reception period until receipt of instructions from the entitled person.

4. The stopping time of the wagon used for carriage of consignment in international transport via a Polish sea port

counts after 12 hours from delivery of wagon to storage yards or loading post in order to dispatch the

consignment arrived by waterway or hand-out of consignment for further carriage by waterway.

5. The stopping time of the wagon under operations other than loading (e.g. waiting for customs formalities or

other action required by the competent institutions, for the provision of all documents being necessary for the

realization and settlement of the carriage) - are counted from the stopping of the wagon or start of the hand-out

period until presentation of evidence that these operations have been accomplished.

6. The stopping time of the wagon in the event of seizure or confiscation of consignment - is counted from the

stopping of the wagon until hand-out of consignment to the official authority conferring the seizure or

confiscation under the appropriate legal title.

§ 12 Loading operations

1. The consignor shall load the goods and secure them in accordance with the provisions of the Instruction of PKP

CARGO S.A. on loading and protection of freight consignments CH-6, UIC loading guidelines, the provisions of

RID/Appendix 2 to SMGS and regulations of Appendix 3 to SMGS or other provisions governing the carriage

conditions of goods, as far as they apply.

2. The consignor shall dispatch the wagons for carriage in accordance with the order accepted for realization.

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3. For attachment of consignment or protection against exposure to damage that may occur during shipment, the

consignor uses his own loading accessories and protective elements.

4. For wagons and UTI loaded and requiring sealing, the consignor, unless otherwise agreed, puts its own seals

according to the template agreed with PKP CARGO S.A., in a way that prevents access to the consignment

without damage to the seal.

5. The consignor, unless otherwise agreed, is obliged to:

1) place on the UTI wagons and labels, warning signs, signs and orange plates provided for in the specific

provisions for the carriage of the given goods;

2) remove all stickers and seals and other security measures remaining after the previous transport;

3) cover or remove warning stickers, signs and orange plates from UTI and tank wagons, if they have been

cleaned of dangerous goods being transported.

4) in order to improve the safety of consignments transported in containers, put the containers with their doors

facing the lock installed on the outer end beam of the wagon limiting their free opening or load the containers

with their doors facing each other in a way preventing their opening from the outside, if the wagon does not

have any lock.

6. The weight of the goods loaded in the wagon may not exceed the limits load as indicated on the train.

7. The loading of a wagon provid ed by the carrier:

1) unallocated by PKP CARGO S.A or

2) against the order accepted for realization,

shall be considered as use of the wagon without consent of PKP CARGO S.A.

In this case, in addition to the fee for remaining at disposal of the consignor of a wagon provided by the carrier,

a fee for loading the wagon without the consent of PKP CARGO S.A. in the amount as specified in the tariff

shall be additionally calculated.

8. PKP CARGO S.A. reserves the right to refuse to accept a wagon for carriage, referred to in par. 7, especially in

international relations, if the carriage of such a wagon is not possible due to environmental standards

established in a given country.

§ 13 Weighing of the consignment and taring of wagon

1. The weight of the consignment is determined by the consignor and entered in the consignment note in box 14

"Weigh acc.to consignor".

2. The weight of the consignment may be determined at the dispatch station at the request of the consignor, as

long as the operating conditions allow, provided that the information about the weighing request is entered:

1) when ordering the wagon provided by the carrier or in the notification of the intention to dispatch the wagon

provided by the customer;

2) in the consignment note in box 21"Statement of the consignor. List of documents attached".

The request of determining the weight of the consignment by PKP CARGO S.A. does not exempt the consignor

from stating the weight in the consignment note in box 14 "weight acc.to consignor".

The Consignor or a person authorized by him may participate in the weighing procedure of the consignment. 3. Where it is impossible to determine the weight of the consignment at the request of the consignor, PKP CARGO

S.A. notifies the consignor and records this fact in the consignment note in box 29 'Remarks of the railway".

4. The weight of the consignment determined by PKP CARGO S.A. in the manner as specified in paragraph 2

shall be entered in all sections of the consignment note.

5. For the determination of weight of the consignment at request of the consignor, a fee basing on an individual

calculation shall be charged.

6. With the consent of the consignor expressed in the notification of the intention to dispatch the wagon provided

by the carrier and subsequently in the consignment note in box 21 “Statement of the consignor. List of

documents attached" PKP CARGO S.A. directs the consignment for weighing to the intermediate station and in

such case is entitled to charge a fee based on an individual calculation. In connection with the weighting of

consignment at the intermediate station, the term of carriage is being suspended and the cause and term of

which the employee of PKP CARGO S.A. indicates on the consignment note in box 29 'Remarks of the railway".

7. If the Customer requests the determination of the weight of consignment:

1) PKP CARGO S.A. weights the consignment under Article 74 Act of Transportation Law. If as a result of

weighing no damages of the consignment were determined or an already existing damage has been

revealed, a fee basing on an individual calculation is being charged;

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2) in other cases, to the extent possible under the operating conditions, PKP CARGO S.A. weights the

consignment.

8. By placing the order for wagons belonging to the railway or notice of intention to dispatch the wagon supplied by

the Customer, the consignor may require PKP CARGO S.A. to verify the unladen mass of the wagon. Such

request PKP CARGO S.A. takes into account to the extent possible. For weighing an empty wagon PKP

CARGO S.A. charges a fee in accordance with tariff provisions including all costs of service. This fee is not

charged, if the difference between the actual weight of the wagon provided by the carrier and the weight as

marked on the wagon does not exceed 2 % of marked weight.

9. The unladen mass of the wagon, verified by PKP CARGO S.A. at the request of the consignor is the weighing

result on the scale of PKP CARGO S.A. The proper remark on the verification of wagon weight shall be entered

in all sections of the consignment note.

10. In the event that the verification of the unladen mass of the wagon serves the determination of the consignment

weight, the weight of the wagon determined as the result of this verification is taken for further considerations".

§ 14 Examination of the consignment. Improvement of loading, reloading of consignment.

1. PKP CARGO S.A. may under Article 48 Act of Transportation Law verify that the consignment is compliant with

the entries made by the consignor in the consignment note and if the provisions concerning goods released for

carriage on special conditions have been applied.

2. PKP CARGO S.A. notifies the consignor about the necessity to participate in the verification procedure of the

consignment.

3. If the notification of the consignor is not possible or the consignor does not arrive on the day indicated in the

notice or informs PKP CARGO S.A. that he refuses to participate in the verification procedure, PKP CARGO

S.A. shall check the consignment in presence of invited persons.

4. If, as a result of verification by PKP CARGO S.A. it is established that the consignment does not correspond to

the statements in the consignment note or the provisions for goods authorized for carriage under special

conditions have not been complied with, a fee basing on an individual calculation shall be charged.

5. If PKP CARGO S.A. conducted the weighing of consignment which has not previously been weighted and as

result of this it has been found that:

1) the weight is greater and the difference does not exceed 2 % of the weight as indicated by the consignor in

the consignment note;

2) the weight is less and it has arisen unequivocally - as a result of the natural characteristics of goods (natural

weight loss) or loss of moisture of the goods dispatched in wet condition there will be no charge referred to in

paragraph 4

6. If, as a result of a control check of the consignment, it has been found that the weight is lower than the one indicated by the Consignor in the consignment note and the circumstances provided for in para. 5(2) do not occur, the basis for calculating the carriage fee is the weight indicated in the consignment note. In other cases, the weight determined as a result of the control check of the consignment shall be used for calculating the carriage fee.

7. For stopover time of the wagon, from the moment that PKP CARGO S.A. allowed the reduction or increasing of

goods until completion of these operations, subject to notification of PKP CARGO S.A. of its completion, the

consignor will be charged with a fee set out in the Tariff respectively: for stopover of wagon - at an intermediate

station, for track occupancy or for remaining of a wagon provided by the carrier at the disposal of the consignor

– at the dispatch station.

8. The result of verification of the consignment shall be included in the formal report (Template No.7).

The formal report must not be drawn up if:

1) the condition of the consignment complies with the indications given in the consignment note;

2) the recorded weight is greater and the difference does not exceed 2 % of weight indicated by the consignor

in the consignment note;

3) the difference in weight of the consignment is within the limit of natural loss.

The fact of verification of the consignment shall be recorded in the consignment note in box 29 "Remarks of the

railway".

9. If it is necessary to reload the consignment or rectify, these operations are performed by PKP CARGO S.A.,

subject to operational possibilities, on their own or calls for the consignor for their realization.

In case if PKP CARGO S.A. performs reloading activities, it determines the weight of the consignment.

After having improved the loading or reloading of the consignment, PKP CARGO S.A. shall draw up a report

(Template No. 8).

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If the necessity to reload the consignment or correcting its loading results from reasons attributable to the

consignor, PKP CARGO S.A. charges him with receivables related to the correction of loading or reloading

activities and a fee specified in the tariff, respectively: for the wagon's layover, for track occupancy or for leaving

the wagon provided by the carrier at disposal.

10. In case if the wagon is excluded from the consignment loaded on two or more wagons or disclosure of a wagon

without the consignment note, PKP CARGO S.A. shall draw up a supplementary note.

§ 15 Payment of shipment costs and incidental costs

1. The shipment costs shall be paid by the consignor, subject to paragraph 2.

2. The consignor may oblige the consignee or any other person to pay the freight and in such case he is

responsible towards PKP CARGO S.A. for the person accepting and paying the transmitted receivables.

In the event of refusal or delay in payment by the consignee or other person, the consignor pays the

freight with calculated interest.

3. The consignor, the consignee or any other person obligated under paragraph 2 to pay the shipment costs may

conclude a settlement contract with PKP CARGO S.A..

4. The incidental costs are being paid by the consignor or consignee of the consignment depending on which of

them gave rise to that amount.

5. The consignor/consignee on the basis of a power of attorney in accordance with Template No. 9 or any other

document containing the data included in the template - submitted respectively at the station of dispatch/

destination or servicing station, if appointed in WOT Part I - may oblige another person to pay the incidental

costs.

6. The additional costs shall be charged basing on the list of u receivables (Template No. 6), the print out of which

receives the entitled person.

7. The consignee pays the freight arising from the consignment note even if there are missing parts of the

consignment or it arrived in damaged conditions. However he retains his rights to claim reimbursement of the

relevant part of the freight with compensation for the absence or damage of the consignment.

8. The shipment costs shall be calculated according to the tariff in force on the date of dispatching the

consignment and additional duties for the rendered services shall be calculated according to the tariff in force

on the date of commencement of the services.

9. If the amount of receivables that has been determined and collected is incompatible with the tariff regulations,

the differences are recoverable upon a warranty claim procedure or surcharge on the basis of an invoice

correction issued by PKP CARGO S.A.

10. PKP CARGO S.A. applies:

1) not deferred payment term - payment of receivables before dispatching the consignment or before hand-out

of a consignment, or on the day that additional services are being realized, in form of advance payments

payable by bank transfer;

2) deferred payment - payment of receivables after the realization of services within the terms set by PKP

CARGO S.A. and the Customer.

For payments not exceeding 5 thousand zlotys per month, the payment date is 7 days from the date of

invoice without necessity to conclude a contract referred to below, provided that there is no debt towards

PKP CARGO S.A.. In other cases, the use of deferred payment requires the fulfilment of conditions referred

to in paragraph 11, however the rules regulating the payment of receivables under this provisions are

defined in the contract concluded with PKP CARGO S.A.

11. A deferred payment term is subject to a positive assessment of financial reliability of the Customer and the lack

of debt due to PKP CARGO S.A. as at the conclusion of the contract laying down the rules for the regulation of

receivables with deferred payment date, and in case of debts - repayment of the debt or signing of a settlement

contract covering its repayment, subject to paragraph 12.

12. PKP CARGO S.A. may require a security of receivables in the event of late payments by the Customer.

13. In the event that the Customer submits a security in form of cash, PKP CARGO S.A. and Customer conclude

additionally an appropriate security agreement governing the terms and conditions of the security.

14. The conversion of receivables, expressed in foreign currencies or PLN into the settlement currency shall be

made at the average rate announced by the National Bank of Poland for the last working day preceding the

date of the invoice, unless the tax provisions provide otherwise.

17

§ 16 Notification of arrival and preparation of the consignment to hand-out

1. PKP CARGO S.A. notifies the Consignee of the arrival of the consignment and the date of its preparation to

hand-out, except when the Consignee has renounced the notification by submitting an appropriate statement

1) according to Template No. 10;

2) in the Cooperation Agreement for mutual transfer of wagons at the collection point of the siding;

3) in the agreement on the transfer of wagons on the publicly accessible loading track;

4) in another document containing data included in Template No. 10.

The Consignee should ensure that notices of arrival of consignments are collected every day during the

station's opening hours for activities related to the acceptance for carriage and hand-out of the consignment

and appoint a person to collect notices of arrival of consignments at his address.

2. If the consignment note arrived without the consignment, PKP CARGO S.A. notifies the Consignee even if he

waived the notification referred to in (1).

3. PKP CARGO S.A. notifies the Consignee of the arrival of the consignment by e-mail indicating the date and

time of preparation of the consignment for hand-out on the printout Notification of the arrival of the consignment

(Template no. 11). If it is not possible to notify the Consignee by e-mail, PKP CARGO S.A. notifies the

Consignee by phone, indicating the data as above. If there is no telephone connection, PKP CARGO S.A.

notifies the Consignee in another manner that has been agreed upon.

4. The notification of the arrival of the consignment is considered to have been made with the sending of an e-

mail, acceptance of information by phone by a person or an automatic responding machine. If another way of

notification has been agreed, the moment when the notification is deemed to have been made shall also be

determined.

If a person designated by the Consignee does not receive telephone notifications, the employee of PKP

CARGO S.A. after having tried three times to establish communication and failure to do so within 60 minutes,

records in the original and copy of the consignment note the exact time of attempts to establish communication.

The time when the third attempt to establish communication was made is considered to be the time of notifying

the Consignee of the arrival and preparation of consignment to hand-out. This does not release PKP CARGO

S.A. from making further attempts to effectively notify the Consignee.

5. In the event that the consignment has not been prepared for hand-out within the time limit referred to in the

notification of that arrival, PKP CARGO S.A. confirms this fact on the consignment note noting the time and

date of the arrival of the consignee and determines a new term for the preparation of the consignment for hand-

out.

6. Access to information about the consignment is possible in the e-Consignment application.

§ 17 Hand-out of consignment and consignment note

1. PKP CARGO S.A. may deliver the consignment to the consignee only after completion of all procedures

required by competent institutions such as the customs authorities and upon payment of freight and additional

fees charged in case referred to in §15 paragraph 10 (1).

2. In order to perform the procedure referred to in paragraph 1 PKP CARGO S.A. shall provide the consignee the

relevant parts/sheets of the consignment note via e-ELP application or a paper version hereof.

3. If the Customer does not benefit from e-ELP and it arrived on the basis of an electronic consignment note, PKP

CARGO S.A. shall provide the relevant parts/sheets of the consignment note printed from the IT system of PKP

CARGO S.A. The consignee confirms the receipt in the register (Template No. 28). After accomplishment of all

required procedures, these parts/sheets of the consignment note must be immediately returned to PKP CARGO

S.A..

4. The consignment will be hand-out upon confirmation by the consignee of the collection of wagons in R25,

subject to paragraph 5 and 6.

5. If wagons from a multi-wagon consignment are delivered at different times, then the hand-out date of

consignment should be the date and time of reception of the last wagon included in the consignment. In case of

exclusion of wagons from the consignment by way of carriage, their receipt is confirmed by the Consignee on

the consignment note upon their arrival. In such case, the hand-out of consignment takes place after receipt of

the last wagon of the consignment.

6. In case of transporting a consignment delivered to the place of delivery by a means other than a railway wagon, the delivery takes place at the moment of confirming its receipt by the consignee in the consignment note, after delivery of the last batch of cargo included in the consignment arriving with the consignment note. The

18

provisions of (5) shall apply accordingly. It is allowed to agree upon a different way of confirming the receipt of the consignment with the Consignee.

7. If the consignment arrived in frozen condition, a protocol (Template No. 15) shall be drawn up.

8. If the Consignee uses the e-ELP application and the consignment arrived on the basis of ELP, he is obliged to acknowledge the receipt of the consignment in the e-ELP application immediately, no later than within 24 hours from the moment of hand-out of the consignment.

9. Rules of conduct in case of using a consignment note in paper form: 1) if the carriage fees are paid on the basis of a settlement agreement, the Consignee shall collect the

consignment note at the destination station or handling station indicated in the WOT during its opening hours or in any other place agreed with PKP CARGO S.A. at the latest within 24 hours from the moment of hand-out of the consignment or on the date agreed in a separate agreement;

2) if the carriage fees are paid by the Customer who has not concluded a settlement agreement with PKP CARGO S.A., PKP CARGO S.A. hands out the consignment note and the consignment after completing the formalities related to the payment of charges;

3) the consignment note and the consignment may be collected on behalf of the Consignee by the person indicated in the power of attorney in accordance with Template No. 9 or another document containing data included in this template submitted at the destination station or handling station indicated in WOT;

4) the Consignee confirms the receipt of the consignment in box 11 "Acknowledgment of consignment receipt" of the original and copy of the consignment note or delivery note, including the signature, date, stamp (if any), address and REGON or PESEL.

10. The consignment may be issued on the basis of a consignment note printout made by PKP CARGO S.A.

§ 18 Waived

§ 19 Condition of the wagon returned after loading. Cleaning of railway land

1. The consignor/consignee shall return the wagon in a non-deteriorated technical condition.

2. The consignee is required to return the wagon in a condition allowing its immediate use for new loading.

In particular the wagon should:

1) be thoroughly cleaned of any recently transported goods;

2) have properly closed, locked or positioned protective flaps, doors, wheel trims and other (i.e. retaining bolts,

stanchions, rims, roof hatches, non-return valves etc.);

3) have all loose parts fitted and couplings suspended; and without adhesives (except labels concerning

technical defects);

4) have removed nails, hooks, shackles and other means of mounting and seals remaining after transport.

3. Wagon shall be deemed to have been duly cleaned if it can be used for re-loading without risk of damaging or

pollution causing deterioration in quality of the product carried.

4. In the event of failure to comply with the obligations laid down:

1) in paragraph 1 - the endorsement on wagon damage or absence of loose wagon parts PKP CARGO S.A.

shall enter in the field "Comments" R27 and draws up a protocol (Template No. 16);

2) in paragraph 2 – the wagons shall be considered as not ready to be collected.

5. Annotations of wagon damage or absence of loose parts should be confirmed by consignor’s/consignee’s

signature or his authorized representative in the documents referred to in paragraph 4 (1).

If the consignor/consignee refuses to sign, this fact should be certified as far as possible by the signature of an

invited person as a witness.

6. The consignor/consignee can repair the damaged wagon provided by the carrier with the consent of PKP

CARGO S.A.

7. The consignor/consignee who damaged the wagon, is obliged to repair the damage. In such case, the

compensation includes inter alia the charge for the carriage of the wagon for repair works, a repair fee and the

compensation of loss of benefits that PKP CARGO S.A. could have achieved, if no damage had occurred.

The amount of compensation shall be individually settled.

8. If the consignor/consignee repairs the wagon by own means or orders the repair to another contractor, the

wagon will be considered as not ready for collection until its return to PKP CARGO S.A. and a fee for remaining

at disposal of the consignor/consignee of the wagon provided by the carrier shall be charged.

9. In case of wagons delivered by the carrier and owned by PKP CARGO S.A. the rules of conduct in case of

wagons damage caused by the fault of the Consignor or the Consignee and the determination of compensation

on this account available on the website www.pkpcargo.com shall apply.

10. The consignor/consignee is required to thoroughly clean the railway land of any residue after loading.

19

In the event of failure to comply with this obligation, the employee of PKP CARGO S.A. shall draw up a report

(Template No. 13) in two copies, on the basis of which PKP CARGO S.A. charges the consignor/consignee

determined on the basis of an individual calculation with a fee for cleaning the railway land

§ 20 Washing and decontamination of wagon

1. Each wagon after carrying of goods labelled with relevant symbols referred to in NHM should be washed or

disinfected.

The fact of returning a non-washed or not disinfected wagon shall be registered by the employee of PKP

CARGO S.A. in R27

For cleaning or decontamination of the wagon, PKP CARGO S.A. charges the Consignee with a fee determined on the basis of an individual calculation.

2. Wagons intended for permanent or temporary carriage of same goods as well as wagons after carriage of

goods in transport packaging must not be washed and decontaminated, unless as a result of a spillage of

packaging contents the wagon had been contaminated.

§ 21 Amendment of the contract of carriage under subsequent order

1. A change in the contract of carriage may be made by the Consignor or Consignee of the consignment. An amendment to the contract of carriage is introduced, subject to § 42, on the basis of an subsequent order (template no. 18) or another document, provided that all data resulting from the subsequent order template, submitted or transmitted, e.g. by means of electronic communication, are indicated:

1) at the dispatching station or to the COK appropriate for the dispatching station - if the change is made by the Consignor

2) at the destination station or to the COK competent for the destination station indicated in the consignment note - if the change is made by the Consignee

It is possible to place an subsequent order at an intermediate station or at the COK appropriate for the intermediate station.

2. The entitlement of the consignor to dispose of the consignment shall expire when the consignee made an

amendment of the contract, accepted the consignment note or collected the consignment.

3. The consignor has the right to require:

1) return of the consignment at the dispatch point. Then PKP CARGO S.A. in the case of a consignment note:

a) in paper form - cancels all parts of the consignment note (including the duplicate returned by the

consignor),

b) in electronic form - issues the consignment at the dispatching station in the system, and the consignor

acknowledges its receipt in the e-ELP application.

2) hand-out of the consignment at a place other than indicated on the consignment note,

3) hand-out of the consignment to another recipient than the consignee indicated in the consignment note.

If the consignor submits a subsequent order and the consignment is still at the dispatch station, the consignor

provides the new consignment note and returns the previously received copy to cancel the previously issued

consignment note.

4. In case if the consignment already left the dispatch station, as far as the consignor did not stipulate otherwise

in the consignment note, the consignee has the right to require:

1) the hand-out of the consignment at a different place than indicated in the consignment note;

2) the hand-out of the consignment to another consignee than the consignee indicated in the consignment

note.

5. The amendment of the contract of carriage in form of a subsequent order by a person other than the consignor,

cannot result in changes of content in the box 17 "Freight paid by" of the consignment note.

6. The content of the statement concerning the amendment to the contract of carriage PKP CARGO S.A. shall

enter in the duplicate of the consignment note.

7. By making changes to the contract of carriage PKP CARGO S.A. changes the content of the consignment note

indicating the basis for the change.

8. PKP CARGO S.A. shall notify the Customer about the impossibility to accept the subsequent order, e.g. by

means of electronic communication.

9. The station of destination may not be subject to change of the contract of carriage by the consignee if the

consignment arrived already at the station of destination.

In such case, the consignee may dispatch the consignment only on the basis of a new consignment note,

subject to para. 42.

20

10. Modification of the contract of carriage under subsequent order may not result in division of the consignment.

11. If the freight is being paid by a person not being a consignor or consignee, the obligation to notify on change of

the contract of carriage relays on the consignor or consignee accordingly.

12. The amendment of the contract of carriage, in case of goods subject to the statutory monitoring system

referred to in § 53, may not change the data concerning the goods reported to SENT by the obliged person.

13. For the realization of the second and each subsequent order causing a change of the contract of carriage, PKP

CARGO S.A. charges a fee in the amount as specified in the tariff

§ 22 Circumstances preventing carriage or delivery of the consignment

1. Circumstances preventing carriage appear if the carriage cannot start or continue.

2. Obstacles of carriage caused for reasons attributable to:

1) the carrier are among others: damage to the consignment requiring special care during maneuvers or

suspension of railway traffic;

2) the consignor are among others: failure of consignor to enclose documents required by the customs

authorities, contestation of goods by the control entity of commercial quality, uneven loading or loading of

excessive quantities of goods in a wagon causing the exceeding of axle load, irregularities in loading and

securing of consignments that could not be detected when the consignment was accepted for carriage.

3. Obstacles independent from the carrier and consignor are among others: ordinances of competent institutions

and weather conditions which prevent the provision of services such as a flood or violent snow blizzards.

4. Circumstances preventing delivery of the consignment occurs when the consignment being at the destination

station or station that handles the station of destination cannot be handed-out to the consignee indicated on the

consignment note due to:

1) wrong data of consignee, making the retrieving hereof for the purpose of noticing on the arrival of the

consignment impossible;

2) refusal of the consignee to accept the consignment;

3) non-arrival of the consignor for the collection of consignment in spite of expiration of the collection term,

4) order of competent institutions prohibiting the hand-out to certain consignments;

5) lack of documents without which the administrative authority (e.g. customs) does not agree for the hand-out

of the consignment;

6) refusal to pay the freight by the consignee which has not concluded a settlement contract.

5. For guidance on how to proceed with the consignment, PKP CARGO S.A. turns directly to the entitled person

(Template No. 17) by means of electronic communication, i.e. the consignor or a person designated by him in

the consignment note and in the event of an amendment in the contract of carriage by the consignee - to the

consignee, giving the cause of obstacles in the carriage or hand-out.

6. The persons referred to in paragraph 5 provide guidance using the appropriate form (Template No. 17) received

from PKP CARGO S.A. and present the duplicate of the consignment note with entered guidelines, if they

dispose of such document.

7. PKP CARGO S.A. shall confirm the receipt of the guidelines in the consignment note duplicate and in case of

enforceable guidance agrees to change the contract of carriage by making an appropriate adjustment to the

content of the consignment note, including the introduction of the base for the change.

In case of changing the station of destination / border crossing point, the carriage will be settled in accordance

with the rules set out in the tariff foreseen for changing the contract of carriage

8. If an obstacle has been cleared before receiving guidance from the person entitled, PKP CARGO S.A. performs

the carriage in accordance with the conditions laid down in the consignment note or hands-out the consignment

to the consignee by notifying the consignor.

9. In the absence of guidance or provision of unenforceable guidance from an entitled person, PKP CARGO S.A.

has the right to liquidate the consignment upon Article 58 Act of Transportation Law.

PKP CARGO S.A. shall notify the consignor on the liquidation of a con-collected consignment by sending notice

(Template No. 26).

10. If the freight is being paid by a person not being a consignor or consignee, the obligation to notify on change of

the contract of carriage relays on the consignor or consignee accordingly.

§ 23 Loss, wastage or damage

1. Verification of the consignment before delivery shall be:

1) mandatory, when a partial loss or damage od a consignment is likely,

21

2) at the reasoned request of the entitled person.

2. After the acceptance of the consignment without reservation, the consignee may, not later than within 7 days

beginning of the day following the day of collection of the consignment, request an official verification of the

consignment condition if a loss or damage has been reported that was not visible from the outside during

reception.

3. The consignee may require the hand-out of the protocol only in case of partial loss or damage to the

consignment. He shall not have the right to request a protocol in case of loss of consignment or loss of mass

which does not exceed the standards of natural losses referred to in paragraphs 6 and 7, provided that the

damage resulted from reasons justifying the application of maximum standards of natural loss.

4. If a damage has been disclosed, PKP CARGO S.A. shall fill out a formal report on the consignment condition

(Template No. 20) based on a detailed description of the verified consignment contained in the Book of defining

the status of consignments (Template No. 19).

5. In case of determining the status of a multi-wagon consignment, if the consignment weight has been given

separately per each wagon, the determination of loss shall be also made separately, including natural loss.

6. Standards of natural wastage are as follows:

No. Name of good Place of wastage Packaging

Size of

loss

(% of

weight)

1 Grain cereals: grain rye, wheat, oats, barley,

mixtures of grain, millet, buckwheat, maize

covered Wagon Bulk 0.50

2 Grain legumes: peas, spring field beans,

lupin, mixtures of pulses and grains, beans,

mustard, poppy

covered Wagon Bulk 0.50

3 Oil grains: colza, rape covered Wagon Bulk 0.70

4 Industrial potatoes Open wagon Bulk 1.20

5 Sugar beet Open wagon Bulk 0.60

6 Spirits Tank Wagon Bulk 0,01 for

each day of

the carriage

7 Sulfur covered wagon,

sheeted

Bulk 0.50

8 Fertilizers:

1) Artificial: superphosphate bulk fill or

simple granulated, ammonium sulfate,

potassium salt, potassic fertilizers

(kainite, Kamex, kieserite, potassium

sulfate), calcium fertilizers, oxide

fertilizers, Triple superphosphate

granulated, Polifoska®, ammonium

phosphate

2) Calcium carbonate variety 0.6-0.9 so-

called humid (with a water content of

more than 15%)

Covered wagon,

open, sheeted

Open wagon

Bulk

Bulk

1.00

2.00

9 Solid fuels:

1) Hard coal:

- Assortment of thick and medium grain

- Unsorted and fine assortments: fine

coal, briquettes

- Muld

2) Brown coal:

- All assortments

- Briquettes

3) Coke and semi-coke:

- Foundry coke, blast furnace coke

Open wagon Bulk

0.80

1.50

2.00

1.50

0.80

0.80

22

and shaped

- Industrial heating coke

- Unsorted coke pitch

in assortments exceeding 10 mm

and semi-coke exceeding 10 mm

- Fly ash from coke and gas plants and

semi-fly ash

1.00

1.00

1.50

10 Liquid fuel and other petroleum products in

liquid state

Tank Wagon Bulk 0.50

11 Iron ore:

1) Lump ore, gravel mix, clods

2) Fine powder, concentrates

Open wagon Bulk

0.25

0.50

12 Ore chromium Open wagon Bulk 0.25

13 Manganese ore Open wagon Bulk 1.00

14 Copper concentrate Open wagon Bulk 0.20

15 Zinc-acid concentrate Open wagon Bulk 1.00

16 Concrete Tank Wagon Bulk 0.20

17 Lime:

1) /Quicklime minced

2) /Quicklime in lumps

Tank Wagon

container

Wagon with opening roof, Coal wagon

Bulk

Bulk

0.35

0.50

18 Dry ice Refrigerator wagon Bulk

container

5.00 for

each day of

carriage

19 Skin wastes Covered wagon Bulk 2.00

20

Fruit and vegetables

Open wagon

cases,

boxes, bags,

containers

1.50

7. For goods carried in bulk not specifically provided for in paragraph 6 , which due to their properties are subject to a

loss of mass, the standards of natural losses are defined as follows:

1) 1,5 % for liquid goods or dispatched in wet state,

2) 0,7 % for dry goods exposed to a loss of mass.

CHAPTER 3

CARRIAGE OF CONSIGNMENTS WHEN USING PRIVATE SIDINGS

§ 24 General provisions

1. Stations handling the private sidings are marked with the symbol “Wb” in WOT Part I.

2. The detailed conditions for the use of sidings shall be specified in an cooperation agreement in mutual transfer

of wagons at the hand-over post of the siding (Template No. 29) or another agreement.

The contract may also contain other than in RPT regulations regarding, for example, :

a) settlement rules or rules for determining the duration of wagon remaining at the siding user's disposal,

including suspending the duration of wagon remaining at the siding user's disposal, resignation from receiving

a notification about the arrival of the consignment or the option of exchanging R25 and R27 electronically,

b) the possibility of handing over the wagons in a place other than the collection point, together with the specification of rules.

3. Framework cooperation agreement in the mutual transfer of wagons at the hand-over post of the siding

(Template No. 29) shall also be used when determining the detailed conditions for the loading posts adjacent to

objects rented or leased from the railway taking into account local conditions.

4. In agreement with PKP CARGO S.A., it is allowed to determine a different place for checking the condition of consignments and wagons than the collection point on the siding.

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5. Mutual handing over of wagons at the collection point of the siding according to the rules specified in RPT, may also be performed on the basis of an Application (Template No. 29a).

6. All irregularities disclosed during the handover of wagons shall be recorded in all copies of R25 or R27,

respectively.

§ 25 Sharing of private siding

1. A permanent or single-time cooperation with a co-user of the siding within the scope of mutual handing over/hand-out of wagons at the collection point of the siding is possible on condition that the co-user of the siding submits: 1) a declaration for siding sharing (Template No. 24) or 2) a written consent of the siding user to deliver wagons intended for a co-user of the siding to the collection

point of the siding, under the conditions specified in the Cooperation Agreement for the mutual hand over of wagons at collection point of the siding or under the conditions specified in another document, stating the rules for handing over of wagons.

2. The provisions of the Regulations concerning the carriage of consignments to and from sidings and the

agreements referred to in § 24(2), as well as the request referred to in § 24(5) shall apply respectively to the

co-user of the siding, unless the parties agree otherwise.

3. The period of remaining of wagons provided by the carrier at the disposal of the siding co-user and stopover of

wagon used for the carriage of consignment in international communication via the Polish sea port is

determined separately for each co-user on the basis of R25 and R27, agreements referred to in § 24 (2)

provided for another mode of the proceedings.

§ 26 Delivery of wagons to the transfer point of the private siding

1. If the freight is being paid by the Customer, which has not concluded a settlement contract with PKP CARGO

S.A., substitution wagons on the point of delivery/receipt are written siding may be made after completion of the

formalities related to the payment of receivables.

2. The user of the siding acknowledges the collection of wagons in R25, a copy of which he shall receive.

3. The employee of PKP CARGO S.A. shall enter in R25 inter alia the following:

1) full numbers of transferred wagons and status of wagon – loaded – “ł” or empty – “pr”.

2) the field "Comments" in respect to the wagon:

a) containing dangerous goods:

- the number of risk, letter "UN and UN number - if the transport unit is labeled with an orange

plate,

- the letter 'UN and UN number of good/s - if the transport unit is labelled only with a warning

adhesive/s,

- the letters "NO" and No. of warning adhesive/s - if are empty uncleaned packages are being

carried and the UN number/s of residues is not known,

- the letters 'TWR" in each case of a TWR consignment (in accordance with Chapter 1.10

RID/Appendix 2 to SMGS),

- the letters "LQ" in case of consignments containing dangerous goods packed in quantities limited

(in accordance with Chapter 3.4 RID/ Appendix 2 to SMGS);

b) with wastes - type and code of the waste according to the waste catalogue and WTN number if WTN

was established in BDO, and in case of hazardous waste, also data according to (a)”.

4. If PKP CARGO S.A. has the possibility to provide shunting services, they are provided for a fee on the basis of an agreement or offer.

5. If the user of the siding does not appear at the hand-over post to collect the wagons provided:

1) in accordance with the handling plan of the hand-over post of the siding,

2) in additional services as agreed

- it is considered that the wagons left by PKP CARGO S.A. at the hand-over post have been accepted without

reservations.

The employee of PKP CARGO S.A. shall enter in R25 "Representative absent".

Wagons with TWR and goods subject to the operations required by customs or other administrative authorities,

PKP CARGO S.A. may hand-out only in the presence of an authorized representative of the siding user.

6. If due to a lack of space at the transfer point of the siding or other reason directly attributable to the siding user:

1) empty wagons cannot be delivered to the transfer point of the siding,

24

2) it is not possible to deliver a wagon/wagons to the transfer point of the siding, and the wagons arrived on

the basis of:

a) one consignment note or

a) separate consignment notes, and in accordance with the commercial contract, the carriage was treated

as in a permanent coupled group or compact train composition

PKP CARGO S.A. stops the wagons on tracks of the handling station, and in case if no tracks at the handling

station are available – on tracks of the nearest station.

7. If the anticipation of delivery of wagons to the transfer point of the siding, referred to in paragraph 6 is due to

reasons attributable to the siding user, this anticipation time shall count toward the period of wagons provided

by the carrier remaining at disposal of the siding user and for the waiting time of wagons supplied by the

customer – a fee for track occupancy shall be charged.

The provisions shall apply mutatis mutandis to stopover time of wagon used for the carriage of consignment in

international communication via a Polish sea port, subject to § 11 (4).

§ 27 Collection of wagons from the transfer point of the private siding

1. The collection of wagons from the transfer point of the siding shall be confirmed by an employee of PKP

CARGO S.A. in R27

The siding user enters in the field "Comments" of R27 in relation to the wagon:

1) with dangerous goods:

- the number of risk, letter "UN and UN number - if the transport unit is labeled with an orange plate,

- the letter 'UN and UN number of good/s - if the transport unit is labelled only with a warning adhesive/s,

- the letters "NO" and No. of warning adhesive/s - if are empty uncleaned packages are being carried and

the UN number/s of residues is not known,

- the letters 'TWR" in each case of a TWR consignment (in accordance with Chapter 1.10 RID/Appendix

2 to SMGS),

- the letters "LQ" in case of consignments containing dangerous goods packed in quantities limited (in

accordance with Chapter 3.4 RID/ Appendix 2 to SMGS),

- UTI number/UTI numbers,

- warning sticker number/ warning stickers numbers;

2) with wastes - type and code of the waste according to the waste catalogue and WTN number if WTN was

established in BDO, and in case of hazardous waste, also data according to point 1.

In case of irregularities concerning the technical condition of the wagon, a protocol (Template No. 16) shall be

drawn up.

2. The notification on readiness of wagon for collection is synonymous with the agreement of handling services between PKP CARGO S.A. and the consignor/consignee in order to be taken.

3. In case of disclosure of a wagon that is not ready to be collected, the employee of PKP CARGO S.A. deletes

this wagon and wagons located behind the wagon not being ready from the R27, as far as it is impossible to

take the remaining wagons due to operational reasons. In such case, the siding user is obliged to report

readiness for collection at the transfer point of the private siding of the wagons that remained at that point.

§ 28 Determination of the period of remaining at the disposal of the siding user of wagons provided by the carrier

1. These provisions shall apply mutatis mutandis to the stopover of a wagon used for the carriage of consignment

in international communication via the Polish sea port, subject to § 11(4).

2. The period of a wagon remaining at the disposal of the siding user shall be settled separately for each wagon.

3. The period of wagon remaining at the disposal of the siding user shall be calculated from:

1) full hour after delivery in scheduled time or additionally agreed with the siding user;

2) date and time indicated in the order accepted for execution when:

a) the wagon has been delivered earlier,

b) after unloading it remained on the siding for loading (double loading operation)

3) next scheduled or agreed service, if the wagon was delivered in additional time not being agreed with the

siding user;

4) the arrival of the PKP CARGO S.A representative in order to determine the status of the consignment.

4. The period of wagon remaining at the disposal of the siding user counts towards the time:

25

1) of actual completing of loading operations, if the siding holder reports the readiness of the wagon for

collection not later than 1 hour before the completion of loading operations;

2) of wagon collection, but not later than the next scheduled service, after notification

that the wagon is ready to be collected - if the siding user has not notified the handling station about the

wagon being ready for collection at least 1 hour before the completion of the loading operations or the

wagon during scheduled or additional services as agreed with the siding user was not ready to be

collected.

3) submission of resignation from the ordered wagon after it has been delivered to the collection point

4) of hand-over of the last loaded wagon, if the wagons are dispatched on the basis of one consignment note

or on the basis of separate consignment notes, if according to the commercial contract the carriage is to be

treated as in a permanent coupled group or compact train composition.

5. If after unloading, with the consent of PKP CARGO S.A., the wagon remains at the siding for loading on the

basis of a submitted order, the time of the wagon remaining at the disposal of the siding user shall be calculated

for each activity separately, provided that the siding user determines the times of the individual loading

operations.

The siding user enters in the field "Comments" of R27 "From unloading, ordered at ... (enter date and time)".

6. At the written request submitted before the end of loading activities of the siding user the time of wagon

remaining at its disposal may be suspended for:

1) time of closure of siding for loading operations,

2) from 0:00 on the day on which no handling is foreseen up to 24:00 the day preceding the day on which the

next service is being assumed/agreed.

The suspension may be applied only once for each wagon of the given consignment.

The times referred to in points 1 and 2 shall not be subject to accumulation.

The application is not required if the arrangements in this respect have been made in the agreements referred to in § 24(2).

7. The period of wagon remaining at the disposal of the siding user does not include the time for the actual

grouping/separation of wagons by the siding user - however not more than 2 hours.

8. The period of wagon provided by the carrier remaining at the disposal of the siding user includes:

1) time of performing loading operations

2) the time for the shunting works to be carried out or other operations referred to in the cooperation

agreement on the mutual transfer of wagons at the transfer point of the private siding or another

agreement,

3) stopover time at the station due to obstacles in delivering the wagon to the transfer point of the siding for

reasons attributable to the siding user,

4) the time to remove irregularities in wagon loading and the unloading of surplus of loaded goods,

5) the time to move the wagon at the request of the siding user from or to the handling station,

6) the waiting time for delivery of the consignment notes and other remaining documents necessary to realize

and settle the carriage.

9. The time of the wagon provided by the carrier remaining at disposal of the siding user is suspended for the

period in which the commencement of loading operations or hand-over of the wagon was not possible due to

reasons attributable to PKP CARGO S.A.

10. In particularly justified cases (e.g.: flood, storm, fire, restrictions issued by local administrative bodies, etc.),

suspension of the time of the wagons remaining at the disposal of the consignor / consignee can be granted on

his written request provided that a cause and effect relationship between the event and the impossibility of

loading or returning the wagon is demonstrated and documented.

CHAPTER 4

CARRIAGE OF CONSIGNMENTS LOADED OR UNLOADED AT A PUBLIC LOADING SIDING

§ 29 General provisions

1. Stations with a public loading siding are marked with the symbol “WŁ” in WOT Part I.

2. Formalities related to the dispatch or delivery of a consignment are made at a station with a generally

accessible loading track, unless the WOT Part I indicates a handling station.

26

3. Handling of the consignor/consignee at the station with a public loading siding is performed in accordance with

the rules set out in this Chapter, basing on the application submitted at the station, referred to in paragraph 2,

for the handing over of wagons at a public loading siding or station track (Template No. 27), hereinafter referred

to as the Application.

Handling of the consignor/consignee at the station with a public loading siding may be performed on the basis

of the Agreement on handing over of wagons at a public loading siding (Template No. 27a), hereinafter referred

to as the Agreement, concluded with PKP CARGO S.A. on the territory of which a public loading siding is

located. The Agreement may contain detailed regulations regarding, for example, settlement rules or rules for

determining the duration of the wagon remaining at the disposal of the consignor/consignee, including

suspending the duration of wagon remaining at the disposal of the consignor/consignee, sealing, or possible

establishment of R27 by PKP CARGO S.A. in name of the consignor/consignee in a manner as agreed,

possibility of electronic exchange of R25 and R27, other arrangements made with the consignor/consignee, etc.

4. All irregularities disclosed during the handover of wagons shall be recorded in all copies of R25 or R27,

respectively.

§ 30 Supply of wagons at a public loading siding

1. If the carriage charges are paid by the Customer, who has not concluded a settlement contract with PKP CARGO S.A., the wagons may be supplied at a public loading siding after having fulfilled the formalities / related to the payment of receivables.

2. The PKP CARGO S.A. employee establishes a R25, in which the following shall be entered:

1) full numbers of handed over wagons and status of wagon – loaded – “ł” or empty – “pr”;

2) in box “Remarks” regarding the wagon:

a) with dangerous goods:

- the number of risk, letter "UN and UN number - if the transport unit is labeled with an orange plate,

- the letter 'UN and UN number of good/s - if the transport unit is labelled only with a warning

adhesive/s,

- the letters "NO" and No. of warning adhesive/s - if are empty uncleaned packages are being carried

and the UN number/s of residues is not known,

- the letters 'TWR" in each case of a TWR consignment (in accordance with Chapter 1.10

RID/Appendix 2 to SMGS),

- the letters "LQ" in case of consignments containing dangerous goods packed in quantities limited (in

accordance with Chapter 3.4 RID/ Appendix 2 to SMGS);

b) with wastes - type and code of the waste according to the waste catalogue and WTN number if WTN

was established in BDO, and in case of hazardous waste, also data according to (a).

3. The consignor/consignee acknowledges the reception of wagons in R25, a copy of which he receives.

4. If the consignor/consignee does not appear at the generally accessible loading track to receive the wagons

provided within the terms as agreed it is considered that the wagons provided by PKP CARGO S.A. at the

generally accessible loading track have been accepted without reservations. The PKP CARGO S.A. employee

fills the R25 with the remark “consignor/consignee not present”.

Wagons with TWR and goods submitted to procedures required by customs authorities or other administrative

authorities, PKP CARGO S.A. can hand over only in presence of the consignee or an authorized representative

hereof.

5. If due to a lack of space at the public loading siding or other reason the loaded wagon/wagons cannot be

delivered to the transfer point of the siding and the wagons arrived on the basis of:

a) one consignment note or

b) separate consignments notes, and in accordance with the commercial contract, the carriage was treated as

in a permanent coupled group or compact train composition.

PKP CARGO S.A. stops the loaded wagons on tracks of the handling station, and in case if no tracks at the

handling station are available – on tracks of another station.

6. If the anticipation of delivery of wagons to the transfer point of the siding, referred to in paragraph 5 occurs for

reasons attributable to the consignee, the time of this anticipation shall count toward the period of wagons

provided by the carrier remaining at disposal of the consignee and for the waiting time of wagons supplied by

the customer – a fee for track occupancy shall be charged.

27

§ 31 Collecting wagons from the public loading siding

1. The consignor/consignee establishes a R27, whereby in the box “Remarks” the following shall be entered with

regard to the wagon:

1) with dangerous goods:

- the number of risk, letter "UN and UN number - if the transport unit is labeled with an orange plate,

- the letter 'UN and UN number of good/s - if the transport unit is labelled only with a warning adhesive/s,

- the letters "NO" and No. of warning adhesive/s - if are empty uncleaned packages are being carried and

the UN number/s of residues is not known,

- the letters 'TWR" in each case of a TWR consignment (in accordance with Chapter 1.10 RID/Appendix 2

to SMGS),

- the letters "LQ" in case of consignments containing dangerous goods packed in quantities limited (in

accordance with Chapter 3.4 RID/ Appendix 2 to SMGS);,

- UTI number/UTI numbers,

- warning sticker number/ warning stickers numbers;

2) with wastes - the type and code of waste in accordance with the Waste catalog and in case of dangerous

waste also data in accordance with point 1.

All irregularities concerning the technical condition of the wagon must be entered in a report (Template No. 16).

2. The notification on readiness of wagon for collection is synonymous with the agreement of handling services

between PKP CARGO S.A. and the consignor/consignee in order to be taken.

3. The collection of wagons from the public loading siding is acknowledged by the PKP CARGO S.A. employee in

the R27.

4. In case of disclosure of a wagon not being ready for collection, the PKP CARGO S.A. employee strikes off this

wagon and other wagons behind the one not being ready in the R27, as far as the collection of other wagons from

the public loading siding is impossible due to operational reasons.

In such case, the consignor/consignee is obliged to re-notify the readiness for collection of those wagons that

remained at the public loading siding.

§ 32 Determination of the time of remaining at the disposal of the consignor/consignee of a wagon provided by the carrier at the generally accessible loading track

1. The period of a wagon remaining at the disposal of the consignor/consignee shall be settled separately for each

wagon. The period of remaining at the disposal of the consignor/consignee can start within the opening hours of

the station for procedures related to accepting for carriage and hand out of consignment, unless the agreed

handling schedule provides for other hours than the station opening hours for these procedures.

2. The period of wagon remaining at the disposal of the consignor/consignee shall be calculated from:

1) full hour after delivery in scheduled time or additionally agreed with the consignor/consignee;

2) date and time indicated in the order accepted for execution when:

a) the wagon has been delivered earlier,

b) after unloading it remained on the siding for loading (double loading operation);

3) arrival of the PKP CARGO S.A representative in order to determine the status of the consignment.

3. The period of wagon remaining at the disposal of the consignor/consignee counts towards the time:

1) of actual completing of loading operations, if the consignor/consignee reports the readiness of the wagon

for collection not later than 1 hour before the completion of loading operations;

2) of wagon collection, but not later than the next scheduled service, after notification

that the wagon is ready to be collected - if the consignor/consignee has not notified the handling station

about the wagon being ready for collection at least 1 hour before the completion of the loading operations

or when the wagon during scheduled or additional services as agreed with the siding user was not ready to

be collected;

3) submission of resignation from the ordered wagon after it has been delivered to the loading point

4) of hand-over of the last loaded wagon, if the wagons are dispatched on the basis of one consignment note

or on the basis of separate consignment notes, if according to the commercial contract the carriage is to be

treated as in a permanent coupled group or compact train composition.

4. If after unloading, with the consent of PKP CARGO S.A., the wagon remains at the public loading siding for

loading on the basis of a submitted wagon order, the time of the wagon remaining at the disposal of the

consignor/consignee shall be calculated for each activity separately, provided that the consignor/consignee

determines the times of the individual loading operations.

28

The consignor enters in the field "Comments" of R27 "From unloading, ordered for ... (enter date and time)”.

5. The period of wagon remaining at the disposal of the consignor/consignee covers:

1) the time of performing loading operations,

2) time for elimination of irregularities in wagon loading and unloading of surplus of loaded goods,

3) fulfilling formalities related with the dispatch of wagon or handover of an empty wagon,

4) layover time at the station due to an obstacle in delivering the loaded wagon on the public loading track

due to reasons attributable to the consignee,

5) waiting time for delivery of R27, consignment notes and all documents necessary fort realization and

settlement of carriage.

6. At the written request submitted before the end of loading activities of the consignor/consignee, the time of

wagon remaining at disposal may be suspended:

1) at stations with a public loading siding that have no area lighting during the night hours:

a) for a time of not more than the time resulting from the hours determining the dark season in accordance

with the terms of the infrastructure manager managing the service this infrastructure facility;

b) in other cases:

ba) for a time of not more than from 8:00 p.m. of the given day till 6 a.m. of the following day within the

period 01.04. – 30.09.,

bb) for a time of not more than from 4:00 p.m. of the given day till 7 a.m. of the following day within the

period 01.10. – 31.03.;

2) at generally accessible loading tracks for:

a) time of closure of siding for operations related to accepting for carriage and hand-out of consignment,

as far as this fact caused the inability to carry out loading operations,

b) from 0:00 on the day on which no handling is foreseen up to 24:00 the day preceding the day on

which the next service is being assumed/ agreed.

3) for the period in which the commencement of loading operations or hand-over of the wagon was not

possible due to reasons attributable to the consignor / consignee, provided that the consignor / con justifies

and demonstrates the lack of his fault and the cause and effect relationship between the incident and the

lack of possibility to start carrying out loading operations or hand-over a wagon

The times mentioned in points 1 to 3 are not cumulative.

The application is not required in situations specified under (1) and (2), if the arrangements in this respect were made in the agreement referred to in § 29(3).

7. The suspension of the period of wagons remaining at disposal of the consignor/consignee referred to in (6), can

be used only once for each wagon of given consignment.

8. The time of the wagon being delivered by the carrier remaining at the disposal of the consignor/consignee shall

be suspended for the period in which:

1) the commencement of loading operations or handing-over of the wagon was not possible due to reasons

attributable to PKP CARGO S.A.;

2) it is impossible to carry out loading operations for reasons arising from a restriction in using the loading

point.

9. In particularly justified cases (e.g. flood, storm, fire, restrictions issued by the Local Administrative Authorities,

etc.), the suspension of the duration of wagons remaining at the disposal of the consignor/consignee can be

made upon his written request provided that a cause and effect relationship between the event and the

impossibility of loading or returning the wagon is demonstrated and documented.

10. In the event of an obstacle to the realization of carriages, if for reasons attributable to the consignor, for

example it is necessary to improve the loading or reload the goods onto another wagon, and the consignment is

still at the station of dispatch, the duration of wagon remaining at the disposal of the consignor is augmented by

the time that PKP CARGO SA makes available to complete these activities, provided that the consignor reports

this fact to the PKP CARGO S.A. employee and fulfills the necessary formalities.

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CHAPTER 5

CARRIAGE OF WAGONS PROVIDED BY THE CUSTOMER

§ 33 Formalities related to dispatching wagons provided by the customer

1. The carriage of wagons provided by the customer in empty and loaded condition is carried out on the basis of a

consignment note.

2. The right to dispatch a wagon provided by the customer has an entity authorized to dispose of the wagon.

3. The consignor shall notify PKP CARGO about his intention to dispatch the wagon in the manner as specified in

§ 5.

4. PKP CARGO reserves the right to refuse the acceptance for carriage in international carriage a wagon

delivered by the customer, if the carriage of such a wagon is not possible due to environmental standards

established in a given country

5. If a wagon in empty status is found to be without transport documents, PKP CARGO S.A. requests the wagon owner to issue appropriate instructions. If there is no answer within 72 hours from sending the inquiry, PKP CARGO S.A. directs the wagon to the home station on the basis of a consignment note issued by himself at the wagon owner's expense.

§ 34 Waived

§ 35 Freight rates related to the carriage

1. The freight rates for the carriage of consignment in a wagon or empty wagon provided by the Customer and for

track occupancy are determined on the basis of tariff.

2. When carrying loaded wagons, the value declaration includes only the value of goods transported.

3. When determining the fees for a stopover of wagon, track occupancy the provisions of tariff and analogue

provisions of this Regulation: § 10, § 11, § 14 (7), § 26 (7), § 28 (8) points 3 to 6, § 30 (6) and § 32 shall apply.

§ 36 Procedure in the event of wagon damage

1. In the event of damage to a loaded wagon, the holder of the wagon shall be informed of this fact and depending

on the circumstances:

1) request guidelines for handling of goods and wagon from the consignor,

2) reload goods to another wagon without requesting guidance from the consignor;

3) liquidates the consignment containing dangerous or spoiled goods.

2. If PKP CARGO S.A. is not responsible for the damage of the wagon, the costs of delivery of wagon

for transshipment of the consignment and costs of its return to the home station, as well as aby additional costs

arising in connection with the necessity to obtain and implement guidelines shall be charged to the entity

responsible for the wagon damage.

3. For carriage for repairing purposes and return of the damaged wagon delivered by customer for reasons

attributable to PKP CARGO S.A., no fees are charged.

4. Carriage of the damaged wagon delivered by the customer for repair is done on the basis of the consignment

note issued by the entity responsible for the damage to the wagon.

CHAPTER 6

CARRIAGE OF GOODS OF STRATEGIC IMPORTANCE IN INTERNATIONAL TRANSPORT

Dispatching strategic goods shall be subject to the rules and conditions laid down in the Law currently being in

force on foreign trade in goods, technologies and services of strategic significance for state security and the

maintenance of international peace and security and in the Implementing Regulations.

§ 37 Determination of strategic goods

Goods of strategic importance are:

1) goods included in the currently applicable List of dual-use goods specified in the Regulation of the Council of

the European Community;

2) armaments and military equipment as defined in the Ordinance of the Minister of Economy of the Republic of

Poland on the list of armaments for the turnover of which a permit is required currently being in force

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§ 38 Formalities related with the dispatch of goods of strategic importance

1. In the event that goods of strategic importance shall be dispatched, the consignor is obliged:

1) at the latest:

a) thirty days before the intended carriage – submit an information on these carriages to the

establishment of PKP CARGO S.A. company proper for the station of dispatch

b) five days before the scheduled date of the delivery of wagons provided by the carrier – submit the

order in accordance with the rules as defined in § 4 (3),

c) five days before the scheduled dispatch date – submit a notification on the intention to dispatch those

goods in a wagon provided by the Customer, basing on rules as defined in § 5 (3) and (4),

2) fulfill the formalities as defined in point 1 (b) and (c) in proper advance guaranteeing compliance with the

terms defined herein - if the dispatch station is open for operations related to accepting the carriage and

hand-over the consignment on designated days of the week.

2. In any case submitting an order for wagons provided by the carrier or notification on the intention to dispatch

wagons provided by the Customer for the carriage of goods of strategic importance, the consignor shall submit

a completed consignment note and present permission for the trade of strategic goods, issued by the trade

inspection body, i.e. the minister responsible for development RP, and in case of a general permission, enter in

the box “Statement of the consignor” which is obligatory for the carrier the statement “General permission No…

(enter the permission No.).”

3. In case of carriages based on the electronic consignment note, the consignor shall submit w aplikacji e-ELP / in

the e-ELP application the data from the consignment note together with an attached copy of the permit to trade

goods of strategic importance, and in case of a general license - the statement: "General license No… (enter

the permission No.)”.

4. The consignor is obliged to include in the consignment note used in international communication (CIM, SMGS,

domestic consignment note) in Statements of consignor binding for the carrier – the following content:

1) "I declare that the goods declared for dispatch is in the current list of dual-use items specified in Regulation

EC and the current military list referred to in the regulation of the Minister of Economy RP" or

2) "I declare that the goods declared for dispatch is not included in the current list of dual-use items specified in

Regulation EC and the current military list referred to in the regulation of the Minister of Economy RP"

CHAPTER 7

CUSTOMS FORMALITIES APPLICABLE FOR THE CARRIER

§ 39 Declaration of goods for the Union transit procedure

1. The consignments containing non-EU goods within the meaning of the provisions of the EU Customs Code

carried on the basis of the SMGS consignment note or domestic consignment note and CIM consignment note,

where paragraph 2 cannot be applied, must be placed by the consignor/consignee/other person for the Union

transit procedure using the transit accompanying document - TAD. In the consignment note, the MRN No. from

the attached TAD document must be entered.

The transit accompanying document may be drawn up for one consignment or one wagon.

2. At the request of the consignor expressed in the consignment note by entering in the box “Statement of the

consignor" the code 16 and the following wording: "I request the placing of goods for a simplified Union transit

procedure by PKP CARGO S.A.", PKP CARGO S.A. may place the goods at the customs office of departure for

the simplified Union transit procedures using a CIM consignment note as the declaration for that procedure.

§ 40 Import and export summary declarations and the summary declaration for temporary storage

1 PKP CARGO S.A. shall prepare import and export summary declarations for consignments carried through

Polish border crossings situated on the external EU border and transmit them to the border customs offices.

2 For the implementation of the services referred to in paragraph 1, PKP CARGO S.A. shall charge a fee as

defined in the tariff.

3 The consignee or any other per\son who can declare the goods to the competent customs authority after

consultation with the border customs office and on the basis of a separate agreement concluded with PKP

CARGO S.A., may submit an entry summary declaration together with the notification of the customs office on

31

arrival of the transport mean and the introduction of goods into the customs territory of EU and, if necessary, a

declaration for temporary storage.

4 If the consignor or any other person submitted the export summary declaration, then the SMGS consignment

note shall include the statement of the number of export summary declaration: "WDS MRN ... (enter the

number)".

5 The SMGS consignment note, on the basis of which the goods declared for export procedure (export) from EU

customs territory, shall be filled by the consignor with the following wording:

1) statement of the customs declaration indicating the number: "E MRN… (enter the number)",

2) "EAD" in box "Documents enclosed by the consignor" with enclosure of a customs declaration to the

SMGS consignment note - if the customs export formalities are completed at the customs office of exit

competent for the border crossing.

6. The consignor shall enter in the SMGS consignment note, on the basis of which the goods placed for transit

procedure is being carried, in the box “Documents enclosed by the consignor" the wording "TAD" and include a

statement of the customs declaration by typing its number: "TAD MRN…(enter the number)" and encloses the

customs declaration to the SMGS consignment note.

7. The data referred to in paragraphs 5 and 6 the Consignor enters in the CIM consignment note accordingly in the

manner specified in the instructions to the CIM consignment note (GLV-CIM).

8. In the absence of the statement in the consignment note on submission of a customs declaration to the customs

office containing data on safety, PKP CARGO S.A. shall proceed in accordance with paragraphs 1 and 2.

CHAPTER 8

CONSIGNMENTS TRANSFERRED IN THE COURSE OF CARRIAGE FROM BROAD-GAUGE WAGONS TO STANDARD-GAUGE WAGONS OR VICE VERSA

§ 41 Overcharge of consignments

1. Transshipment of consignments from broad-gauge wagons to standard-gauge wagons or vice versa at the

transshipment station on behalf of PKP CARGO S.A. on its behalf or upon authorization shall be realized by the

transshipment company with which PKP CARGO S.A. concluded a cooperation agreement on providing

transshipment services or the consignor handing over the consignment in agreement with PKP CARGO S.A.

The agreement on cooperation in performing transshipment activities under the authorization of PKP CARGO S.A. is specified in the Template No. 14. The agreement may also contain other regulations concerning e.g.: sealing of wagons and/or containers, preparation of collection or transshipment documents and the possibility to exchange R25 and R27 by electronic means. The rules of cooperation in performing transshipment activities under the authorisation of PKP CARGO S.A. may be agreed in an individual agreement or the agreement referred to in § 24 para. 2 or the agreement referred to in § 29 para. 3. The content of the cooperation agreement for performing transshipment operations under the authorization of PKP CARGO S.A. shall be agreed individually with the transshipper. In order to make optimal use of the standard-gauge wagon, it is possible to combine consignments from

transshipped broad-gauge wagons during their carriage by PKP CARGO S.A. on the basis of international

consignment notes:

1) in import transport - provided that they contain goods belonging to the same NHM position given by the

same consignor to the same consignee and the freight for the Polish section is being paid by the same

Customer;

2) in other cases, subject to conditions laid down in the commercial contract concluded with PKP CARGO

S.A.

2. The combination of consignments referred to in paragraph 2 is unacceptable:

1) the Customer or consignee submitted a statement that he does not give his consent for combination of

consignments;

2) for goods for which a joint loading on to one wagon is prohibited;

3) for goods subject to excise duty and goods exempted from excise duty;

4) for consignments subject to different tariffs or trade agreements.

3. In consignment notes for combined consignments referred to in paragraph 2 (1), the entity responsible for

transshipment:

32

1) crosses out data concerning the wagon from which the goods have been transshipped in such a way that

they can be read and enters under those data the information on the wagon on which the goods have been

loaded;

2) enters the weight of goods in a standard-gauge wagon;

3) under the numbers of standard-gauge wagons, on which the goods have been loaded, enters "combined

consignment No.. (enter the ordinal)”.

The entity reloading the consignments forms a package from all consignment notes of combined consignments.

4. The complaints against combined consignment shall be considered jointly.

§ 42 Additional provisions

1. PKP CARGO S.A. may agree to make an amendment to the agreement of carriage by way of an subsequent

order on the basis of a written instruction, which will be treated by PKP CARGO S.A. as an subsequent order.

2. In case of consignments carried in import transport transshipped from a broad-gauge wagon on a standard-

gauge wagon, changes of data concerning the commercial contract and/or settlement contract in the SMGS

consignment note are allowed, if this change is the consequence of a change of the consignee and/or

destination station made in form of a subsequent order by the person entitled.

Changing the number of the commercial contract or settlement contract in the SMGS consignment note shall be

considered as a change of the carriage contract on the basis of an subsequent order.

3. Condition for the application of the above is the submission by the person entitled to amend the carriage along

with an subsequent order, of following statements:

1) on the consent - by the Customer indicated in the subsequent order - for payment of fees for the carriage

and any additional fees chargeable to the consignment covered by this order (Template No. 18a),

2) the undertaking by the applicant – requesting a change in the contract of carriage - to pay the fees for the

carriage and any incidental costs chargeable to a consignment covered by a subsequent order, if the

obliged Customer will not accept these costs and refuses to pay (Template No. 18b).

CHAPTER 9

CARRIAGE OF WASTES

§ 43 General provisions

1. The carriage of waste takes place in accordance with the applicable regulations, in particular the rules and

conditions set out in the currently binding:

1) Waste Act and executive regulations to the Act; 2) Act on International Shipment of Wastes and its executive regulations.

2. Waste lists are defined in the currently binding:

1) Regulation of the Minister of Environment of the Republic of Poland on the waste catalog. The waste marked with an asterisk "*" next to the waste type code is hazardous waste, the carriage of which is performed as carriage of dangerous goods;

2) Regulation of the European Parliament and of the Council on shipments of wastes.

§ 44 Formalities in connection with the carriage of wastes

1 The consignor - holder of the waste orders the carriage of wastes in the application e-Consignment or at the

Customer Service Center at the dispatch station:

1) by procurement of wagons provided by the carrier as on following terms:

a) not later than three days before the scheduled date of delivery of the wagon for loading, if the contract

concerns the transport of wastes showing physicochemical features unknown at the dispatch station

and the necessity to establish conditions for the transport of such wastes,

b) in other cases in accordance with the provisions of § 4(1) points 1 and 4;

2) by a notice of its intention to dispatch wastes for carriage in wagons supplied by the Customer:

a) not later than three days before the scheduled date of delivery of the wagon for loading, if the contract

concerns the transport of wastes showing unknown physicochemical features

b) in other cases in accordance with the provisions of § 5 paragraph 1 (1) and paragraph (2);

3) in an advance guaranteeing compliance with the terms as determined in points 1 and 2 - if the dispatch

station is open for operations related to accepting the carriage and hand-over of consignment at

designated days of the week.

33

2 In case of dispatching dangerous waste, the shipping documents should be completed in accordance with the

requirements of Chapter 5.4 RID/ Annex 2 to SMGS.

3 The Consignor of waste is responsible for assigning the status of waste to the consignment, indicating the

correct waste code and defining the waste as hazardous, in accordance with the rules specified in the

regulations indicated in § 43.

4 In domestic transport, before starting the transport the Consignor - holder of waste, prepares the waste transfer

note in BDO, as far as according to the regulations indicated in § 43 the preparing of a WTN is required,

indicating the entity that takes over the waste and as the transporter of waste - PKP CARGO S.A. with

registration number 000000758.

5 It is allowed to establish the WTN outside the BDO system in cases specified in regulations indicated in § 43. If

a paper form is used, the transferor shall establish the WTN in an appropriate number of copies for each waste

holder. The sender of waste is responsible for issuing the WTN outside the BDO system in accordance with the

binding document templates and introducing the WTN into the BDO system within the deadline as set by the

regulations.

6 In international communication, along with the consignment, the consignor - holder of waste provides completed

documents required in international relocation of wastes.

7 PKP CARGO S.A. shall not be liable for any irregularities in waste transport, which may occur as a result of

failure to meet the obligations attributable to the sender of wastes, including:

1) not classifying the contents of the consignment as waste,

2) incorrect classification of transported waste,

3) preventing the generation of the document(s) required during the transport of wastes,

4) failure to provide the carrier with the consignment note along with the documents required for international

transport of waste,

5) lack of notifications, permits and agreements required in connection with the transport of waste in

international traffic,

6) incorrect loading of waste into wagons.

8 If, on the basis of the regulations indicated in § 43, a financial penalty is imposed on PKP CARGO S.A. as a

result of failure to meet the formalities by the obliged entity or as a result of providing false data, the entity shall

reimburse PKP CARGO S.A. the imposed financial penalty in full amount, except for the cases of failure to meet

the formalities by PKP CARGO S.A. for reasons attributable exclusively to PKP CARGO S.A.

9 If, on the basis of the regulations indicated in § 43, PKP CARGO S.A. is charged with a fee for removal,

guarding or storage of a means of transport or goods in a designated place, the entity obliged to make the

application shall reimburse PKP CARGO S.A. the fee in full amount, except for the cases of non-fulfillment of

the formalities by PKP CARGO S.A. for the reasons attributable exclusively to PKP CARGO S.A.".

CHAPTER 10

CARRIAGE OF CONSIGNMENTS FROM AND TO STATIONS LOCATED AT CLOSED STANDARD-GAUGE LINES

§ 45 General provisions

The list of stations located on closed standard-gauge lines constitute Annex 2 to WOT PART I.

§ 46 Conditions of using stations located on closed standard-gauge lines

1. The consignor/consignee interested in using stations located on a closed standard-gauge line shall conclude

with PKP CARGO S.A. a civil law contract, which identifies reciprocal rights and obligations.

2. The contract for the use of a station located on a closed standard-gauge line should contain detailed conditions

for handing over consignments requiring determination of their condition and detailed rules for settling and

determining the duration of wagon remaining at the disposal of the consignor/consignee or possibility of

electronic exchange of R25 and R27.

3. The consignor enters in the consignment note as dispatch station or station of destination the name of the

handling station and in box 21 the following statement "Further carriage to station ............ (name of station

located on a closed standard-gauge line). Contract No. ................ (enter the Contract No.)".

34

4. PKP CARGO S.A. may suspend the provision of services when the consignor/consignee fails to comply with the

time limit for payment of receivables for handling services at the station located on a standard-gauge line and

the diagnostics on the line.

5. PKP CARGO S.A. may at any time limit the use of a station located on a closed standard-gauge line or withhold

the traffic in cases of hazards for railway traffic security, for a period of renovation and reconstruction of the

tracks leading to the stations located on a closed standard-gauge line or in cases of other circumstances

provided for in Article 8 of the Act of Transportation Law.

§ 47 Dispatching consignments

The consignor transfers the consignments to PKP CARGO S.A. basing on R27 on terms as set out in the agreement. The Consignor shall contact the handling station in order to settle the formalities related to the dispatch of consignment - in case of a consignment note in paper form or shall provide PKP CARGO S.A. with data concerning the consignment via e-ELP application in accordance with the concluded agreement - in case of ELP.

§ 48 Delivery of consignments

1. The consignee collects the consignment from PKP CARGO S.A. against confirmation in the within the time

limits laid down in the agreement a receipt in R25.

2. If the freight is being paid by the Customer who has not concluded a settlement contract with PKP CARGO

S.A., the delivery of wagons to a station located on a closed standard-gauge line and hand-out of consignment

to the consignee is possible upon completion of formalities related to the payment of receivables.

3. If the Customer fails to collect the consignment, it is carried it back to the handling station at the expense of the

consignee. A new delivery of the consignment shall be made at the expense of the Consignee under the

conditions laid down in the Agreement.

4. In case of obstacles in carriage of the consignment from the handling station to the station located at a closed

standard-gauge line, the PKP CARGO S.A. employee shall notify the consignee of the preparation of the

consignment for collection at the handling station.

5. The return of wagons is organized basing on R27.

6. The Consignee acknowledges the receipt of the consignment in the consignment note in paper form or, in case

of using ELP, confirms the receipt of the consignment in the e-ELP application.

§ 49 Determination of the time of remaining at the disposal of the consignor/ consignee of a wagon provided by the carrier

1. The period of a wagon remaining at the disposal of the consignor/consignee shall be settled separately for each

wagon.

2. The duration of wagon remaining at the disposal of the consignor/consignee is calculated from:

1) full hour after provision of the wagon for:

a) loading, on the day as ordered, or

b) unloading, or

2) first hour of scheduled handling on the day, for which the wagon has been ordered, if the wagon has been

provided in earlier.

3. The duration of wagon remaining at the disposal of the consignor/consignee is calculated up to the time:

1) of actual completion of loading activities, if the consignor/consignee informs the handling station about the

readiness of the wagon to be taken over not later than 1 hour before the completion of loading operations

2) of actual taking of wagon, however at least till the closest scheduled handling by station after notifying about

the readiness of the wagon to be taken over, if:

a) the consignor/consignee does not inform the handling station on the readiness of the wagon to be taken

over,

b) the consignor/consignee informs the handling station later than with 1 hour advance before terminating

the loading operations’

c) during handling, the wagon is not ready to be taken;

3) of hand-over of the last loaded wagon, if the wagons are dispatched on the basis of one consignment note

or on the basis of separate consignment notes, if according to the commercial contract the carriage is to be

treated as in a permanent coupled group or compact train composition.

35

4. The period of wagon remaining at the disposal of the consignor/consignee covers:

1) the time performing of loading operations;

2) time for elimination of irregularities in wagon loading and unloading of surplus of loaded goods;

3) fulfilling formalities related with the dispatch of wagon or handover of an empty wagon;

4) layover time at the station due to an obstacle in delivering the wagon to the station located in a closed

standard-gauge line due to reasons attributable to the consignor/consignee;

5) waiting time for delivery of R27, consignment notes and remaining documents necessary fort realization and

settlement of carriage.

5. The time of the wagon being delivered by the carrier remaining at the disposal of the consignor / consignee

shall be suspended for the period in which the commencement of loading operations or handing-over of the

wagon was not possible due to reasons not attributable to the consignor/consignee.

6. In particularly justified cases (e.g. flood, storm, fire, restrictions issued by local administrative bodies, etc.), the

suspension of the time of wagon's stay at the disposal of the Consignor/Consignee may be made at his written

request, provided that the cause and effect relationship between the event and the impossibility of performing

loading activities or returning the wagon is proved and documented.

CHAPTER 11

CARRIAGE OF EXCEPTIONAL CONSIGNMENTS

§ 50 Definition of exceptional consignments

1. The conditions of exceptional consignments is determined in the regulation of the the minister in charge of

transport of the Republic of Poland on the type and conditions of carriage of goods which may give rise to

transport difficulties when carrying by rail.

2. PKP CARGO S.A. accepts for carriage as exceptional consignments such consignments, the carriage of which

according to the assessment of the PKP CARGO S.A. causes particular difficulties due to:

1) shape, dimensions, weight or other characteristics;

2) way of loading, deployment and fastenings on a wagon;

3) the need for special carriage technology.

3. An exceptional consignment constitute in particular:

1) objects:

a) exceeding the defined loading gauge or loaded with exceeding this gauge,

b) requiring special rail vehicles, security devices or organization of carriage, due to the position of the

center of gravity or other reasons relating to security carriage,

c) requiring the carriage in wagons with recessed floor,

d) with weight of one piece or loaded in as loading units weighing more than 25 tones, transported

in transshipment communication,

e) the weight of one piece or loaded as loading units weighing more than 60 tones,

f) causing an axle load or linear meter track exceeding the maximum allowable value even for a part of

the road transport,

g) requiring the load on at least two wagons with radial or sliding bolsters, not connected with wagon

couplings or by intermediate wagon;

2) rail, steel rods for reinforcement of concrete and metals hoses with a length of more than 36 m, loaded on

at least two wagons without radial or sliding bolsters;

3) rail vehicles on own wheels, non-labeled RIV, RIC, TEN or MC;

4) specialist rail vehicles on own wheels, e.g. lifts, track and road machines;

5) wagons with wheels diameter of less than 840 mm, including wheels labeled RIV, RIC, TEN or MC;

6) rail vehicles with 1520 mm track width shifted on bogies with1435 mm track width, with a gauge of O0-

WM, 1 - WM;

7) wagons with more than 8 axles even RIV-labelled;

8) wagons for repair at reduced speed.

4. PKP CARGO S.A accepts exceptional consignments for carriage whenever the technical and operational

possibilities make this possible.

36

5. PKP CARGO S.A. may subject the acceptance of an exceptional consignment to the payment by the consignor

of freight at the moment of dispatch.

§ 51 Notice of intention to dispatch an exceptional consignment

1. The consignor shall notify the establishment of PKP CARGO S.A. on the operational territory of which the

dispatch station is located on its intention to dispatch an exceptional consignment:

1) in domestic transport - at least 30 days before the day of taking up loading procedures proposed in the

notification,

2) in international transport - at least 60 days before the day of taking up loading procedures proposed in the

notification,

2. The consignor shall indicate in the notice referred to in paragraph 1 the following: station of dispatch

and destination, the place of loading and unloading, name of the product, its dimensions and weight including

packaging, intended loading term, charging and if necessary all frontier points on road transport, the desired

border crossing term of the consignment through the Polish frontier point and encloses the required number of

copies of transport designs of the consignment.

PKP CARGO S.A. does not accept drawings made with a pencil and handwritten sketches.

3. If the consignor intends to repeatedly dispatch for carriage in the specified time the same consignment at the

same dispatch station to the same station of destination and for the same consignee, he may submit one

notification indicating the number of consignments and the foreseen dates for their loading or enter "multiple

services in the period ….…….(enter the period)", where the exact determination of these data is impossible.

4. If the consignment features special design characteristics or technology making the use of specific conditions of

carriage, unload, transshipment, change position at reload or change of wagon settings (due to the position of

the consignment at the entrance to the loading post of the consignee) necessary, the consignor shall determine

this in the transport manual.

5. If at least one parameter of the consignment (e.g. weight, dimensions) changes, the consignor shall submit a

new notice of intention to dispatch the consignment.

6. The consignor must submit a new notice of intention to dispatch the consignment, if he could not make use of

the authorization for carriage within the validity period or intends to dispatch the same consignment, but not

covered with the authorization.

The consignor shall enclose to the new notification a set of completed appendices.

§ 52 Notification of authorization for the carriage of an exceptional consignment

1. PKP CARGO S.A. shall inform in writing the consignor about the consent to accept the exceptional

consignment and on the conditions for its carriage; and in the absence of possibilities to realize the carriage of

the exceptional consignment - of their disagreement by indicating the reason for the refusal.

2. If the provision of necessary conditions for the realization of loading operation or carriage of an exceptional

consignment requires necessary works, for example moving tracks under critical objects, dismantling the

catenary or signaling devices, PKP CARGO S.A. may subject the acceptance of the consignment for carriage to

the expression by the consignor, and in case of carriage of consignment arriving from outside the territory of

Poland – the consignee, of a written consent to cover the costs of these works.

3. If the size of the exceeding gauge raises doubts as to the safe execution of the carriage, PKP CARGO S.A.

may subject the acceptance of carriage to the examination of the route using a wagon or device for gauge

measuring or conduction of a test drive using a wagon with a model of the consignment. In special cases, for

added security, the consignment may be preceded by a wagon or a device for gauge measuring or a wagon

with the consignment model. The consent to such services may only be issued after the consignor, and, in case

of carriage of consignment arriving from outside the territory of Poland – the consignee, submits a written

consent to cover the costs of the implementation of such a service.

4. An extraordinary train for carriage of the consignment on the whole carriage itinerary or for individual sections

may be launched:

1) at the written request of the consignor;

2) with the consent of the consignor, if carriage in a different way could cause interference in rail traffic (e.g.

due to conditions of the technical performance of the carriage, parameters of the consignment, weight).

PKP CARGO S.A. notifies the consignor and in case of a consignment arriving from outside the territory of

Poland - the consignee of the need to carriage the consignment by extraordinary train and the charges resulting

from the use of such train and carriage.

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5. In the event of obstacles in the carriage, PKP CARGO S.A. may revoke the consent for carriage of an

exceptional consignment for carriage stating the reasons in writing.

CHAPTER 12

CARRIAGE OF GOODS SUBJECT TO THE STATUTORY MONITORING SYSTEM

§ 53 Special rules for completion of consignment notes for goods subject to the statutory monitoring system

1. The carriage of goods subject to the statutory monitoring system shall take into account the provisions set out in the Act on the monitoring system for the carriage of goods by road and rail and trading in heating fuels and the rules for the implementation of this Act.

2. The goods to be monitored shall be marked with the appropriate symbol specified in NHM.

§ 54 Identification of goods subject to the statutory monitoring system

1. Goods subject to a statutory monitoring system may not fall under the position NHM 9902 "Groupage freight”. 2. In case of carriage in a wagon or container of various goods subject to the statutory monitoring system, the

consignor shall fill the boxes provided for the name of the good and NHM position with the names of individual goods along with the NHM position.

3. In the box provided for the weight of the goods, the consignor shall enter the weight of individual goods subject to the statutory monitoring system, as appropriate.

4. In case if goods subject to the statutory monitoring system are carried with other goods, the provisions of paragraphs 2 and 3 apply accordingly. The weight of goods not subject to the statutory monitoring system may be given jointly under position NHM 9902.

§ 55 Formalities related to the transport of goods subject to the statutory monitoring system

1. In case of carriage of goods subject to the statutory monitoring system in domestic transport, in export transport and delivered by sea transport, and dispatched at a station located in the area of a Polish sea port, the consignor provides the consignment note to PKP CARGO S.A. before reporting the wagons as ready to be taken.

2. In case of carriage of goods subject to the statutory monitoring system in transit transport, after transshipment from broad-gauge wagons to standard-gauge wagons, the entity that on behalf of and for the benefit of PKP CARGO S.A. performs the change of the consignment note from SMGS to CIM resulting from the change of the transport law, provides the consignment note to PKP CARGO SA before reporting the wagons as ready to be taken.

3. PKP CARGO S.A. accepts the consignment for carriage/further carriage with goods specified in NHM as subject to the statutory monitoring system, provided to receive a reference number of SENT notification, along with the wagon number assigned to it and the carrier's code ("carrier code" – an electronic code securing access to the notification – allowing to supplement the notification or update the data contained in the notification).

4. The reference number with the assigned wagon number and the carrier's code shall be sent by: 1) the consignor in domestic and export transport; 2) the consignee – in import transport

in one of the following formats: .xlsx, .xlsm, .xml, according to the Template No. 33. The subject of the message sent to the address: wrazliwe@pkpcargo.com must contain the phrase "SENT wagons". After receiving the message, PKP CARGO S.A. sends a confirmation of receipt of information. In case of unavailability of the SENT register, the consignor / consignee sends the document replacing the notification and confirmation of receipt by the competent authority of the National Tax Administration via e-mail to CSC competent for the station of dispatch/border station of the station of entry with the information contained in Template No. 33. In case if consignor and consignee fail to meet the above obligation, the consignment will not be accepted for carriage, for which PKP CARGO S.A. takes no responsibility.

5. The transmission of complete data referred to in paragraph 4, can also be done via e-mail by sending to the following address: wrazliwe@pkpcargo.com: 1) directly from SENT, if the sending or receiving entity will enter the address wrazliwe@pkpcargo.com in the

field "Contact details" or 2) in form of a SENT acknowledgment received by the reporting entity, if in the provided SENT registration

form he did not provide the indicated e-mail address. 6. In transit transport:

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1) consignor- in the case of goods provided by sea transport and dispatched at a station located in the area of a Polish sea port, no later than upon delivery of the consignment note to PKP CARGO S.A.;

2) entity referred to in paragraph 2- In case referred to in paragraph 2, no later than upon delivery of the consignment note to PKP CARGO S.A.;

3) customer- in other cases, no later than 12 hours before the planned entry of the consignment on the territory of the Republic of Poland

- is obliged to send to wrazliwe@pkpcargo.com the data that are necessary to make the SENT registration as required by the Law by PKP CARGO S.A., which include the following data regarding the carriage of such goods:

a) number of the consignment note (does not apply to consignments dispatched at a station located in the area of a Polish sea port and carriages, referred to in paragraph 2), and

b) number of the wagon in which the carriage is realized on a standard-gauge line, along with NHM position, code of waste (in case of carriage of goods as waste within the meaning of the Waste Act), quantity and weight of the goods in the wagon in question; in case of UTI transport it is required to enter the NHM position, code of waste (in case of carriage in a container of goods as waste within the meaning of the Waste Act), quantity and weight of goods in the container in question, and

c) consignor of the goods in the wagon/container (name and surname or name and full address of residence or registered office, including postal code), and

d) consignee of the goods in the wagon/container (name and surname or name and full address of residence or registered office, including postal code), and

e) border crossing of entry into the territory of the Republic of Poland / station of dispatch located in the area of a Polish sea port, and

f) border crossing of exit from the territory of the Republic of Poland/destination station located in the area of a Polish sea port

- in one of the following formats: .xlsx, .xlsm, .xml, according to Template No. 34. The subject of the message sent to the address: wrazliwe@pkpcargo.com must contain the phrase "SENT Transit". After receiving the message, PKP CARGO S.A. sends a confirmation of receipt of information. Failure by the consignor / customer / entity referred to in paragraph 2 to fulfill the above obligation will result in not accepting the consignment for carriage/further carriage via the territory of the Republic of Poland, for which PKP CARGO S.A. bears no responsibility, with the exception of the effects of non-compliance with formalities by PKP CARGO S.A. for reasons attributable solely to PKP CARGO S.A.

7. If the SENT registration refers to a consignment in one wagon, information on the wagon number can be placed in the field "remarks to consignment".

8. If the NHM position of good indicates that it should be monitored, but in accordance with the regulations referred to in §53 (1) it is excluded from the monitoring obligation, the consignor, the customer or the entity referred to in paragraph 2 is obliged to enter the following statement in the consignment note: "The goods are not subject to the statutory monitoring system". In case of the carriage of goods, which is not related to the performance of activities subject to tax on goods and services, the consignment note is accompanied by a document confirming the inter-warehouse transfer issued by the consignor of goods. The consignor, customer or entity referred to in paragraph 2, is responsible for the results of the submitted statement.

9. PKP CARGO S.A. reserves that in case of a discrepancy between the statement in the consignment note and the received information from SENT, it will carry the goods as subject to the statutory monitoring system.

10. The weight of goods in the wagon and other data entered in the consignment note or the attachment to the consignment note may not differ from the weight of goods and other data reported to SENT and forwarded to PKP CARGO S.A. according to Template No. 33 or Template No 34. PKP CARGO S.A. is not responsible for the consequences of any discrepancies.

11. If the reference number expires before the goods are delivered to the place of destination, the obliged entity (consignor, consignee), after being notified by PKP CARGO S.A. about the necessity to re-notify the product to SENT, proceeds accordingly in accordance with the regulations contained in paragraphs 4 to 8.

12. The content of the request to present the means of transport at the time and place as indicated by the National Tax Administration authority along with the reference number or confirmation of the data update in the register, the consignor or consignee respectively sends by e-mail to the CSC competent for the station of entry / border station of entry.

13. In case of delivery of heating fuels, the consignor is obliged to write in box 21 of a consignment note the following statement:

1) „identification number(s) of the non-stationary heating appliances: …(insert device identification number(s)”, if the goods will be delivered to the place where these heating appliances are located;

2) „address details of the place of delivery of the goods, i.e. the place (address) where the heating appliances are located....(insert device identification number(s)” - in case of stationary heating appliances, if the address data of the consignee in the consignment note are different from those indicated in the confirmation of the simplified registration declaration;

39

3) „consigned heating fuel does not require indication of data resulting from the Act on the monitoring system for the carriage of goods by road and rail and trading in heating fuels or executive regulations to this Act.”

14. PKP CARGO S.A. refuses to accept for transport heating fuels being subject to registration if: 1) refers to the address data of the place of delivery of the goods, i.e. the place (address) where the

stationary heating appliances are different from those indicated in the acknowledgement of the simplified registration application;

2) he did not receive the identification number(s) of the non-stationary heating appliances. 15. In case of import transport, the information referred to in paragraph 13 shall be entered by the consignee in the

Template No. 33.

16. The consignor/consignee shall be liable for the consequences of submitted statements referred to in paragraphs 13 and 15.”

§ 56 Conditions of carriage of consignments on railway lines or sidings which are under construction or modernization

1. If, pursuant to the provisions of the Act on the monitoring system for the carriage of goods by road and rail and

trading in heating fuels or the rules for the implementation of this Act, a fine will be imposed on PKP CARGO

S.A. as a result of failure to perform formalities by the obliged entity or as a result of providing false data, this

entity will reimburse PKP CARGO S.A. the imposed fine in full, with the exception of cases of failure to submit

formalities or providing false data by PKP CARGO S.A. for reasons attributable solely to PKP CARGO S.A..

2. If, pursuant to the provisions of the Act on the monitoring system for the carriage of goods by road and rail and

trading in heating fuels or the rules for the implementation of this Act, PKP CARGO S.A. will be charged with a

fee for removing, guarding or storing a means of transport or goods in a designated place, the entity obliged to

submit the registration will refund PKP CARGO S.A. the full payment.

CHAPTER 13

OTHER PROVISIONS

§ 57 Carriage of consignments from/to railroad lines or sidings under construction or modernization

1. PKP CARGO S.A. may, in agreement with the investor or contractor of modernization work accept a

consignment for carriage z/to /on railway line or siding which is under construction or modernization.

2. The formalities relating to the dispatch or collection of the consignment shall be made accordingly on the

tangent railway line or at the handling station of the sidings under construction or modernization.

3. The consignor /consignee shall be responsible for the consignment during the carriage between the place of

execution of loading operations and the station tangent to the railway line or station handling the sidings which

is under construction or modernization.

4. The consignor/consignee is obliged to collect and return the ordered wagon at the same station tangent to the

railway line or handling station serving the siding which is under construction or modernization.

5. The time of remaining at the disposal of the consignor/consignee of a wagon provided by the carrier shall be

counted for the entire period of stopover of wagons on the railway line or siding under construction or

modernization.

6. In case of carriage of consignments to/from a railroad line or siding under construction or modernization, the

provisions of chapter 3 shall apply accordingly.

§ 58 General rules regarding transport as part of the Feed Safety Management System

1. PKP CARGO SA applies the Feed Safety Management System allowing for the safety and quality of feed

during the provision of services covered by the GMP + B4 Transport standard. This standard takes into account

all applicable provisions of feed law, as well as feed safety principles and generally accepted standards in the

feed sector.

2. In case of ordering transport of goods to be carried out in accordance with the GMP + B4 Transport Standard,

the consignor is obliged to enter the annotation: "GMP + FSA secured":

1) in the Order for wagons - in section Remarks;

2) in the domestic consignment note - in box 21;

3) in the CIM consignment note – in box 7.

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3. PKP CARGO S.A. confirms the acceptance for transport with the annotation "GMP + FSA secured", after

checking the availability of wagons and the possibility of implementation in accordance with the GMP + B4

Transport Standard.

4. The customer submitting a complaint in accordance with the provisions of § 59, should indicate that the

transport was covered by the GMP + FSA System.

§ 59 Complaint procedure

1. The conditions for making the claim and the detailed procedure for dealing with complaints are regulated by the provisions of the ordinance of the Minister of Transport on the complaint procedure.

2. Complaints related to the performance of the contract of carriage shall be lodged with PKP CARGO S.A. Biuro Rozrachunków – Wydział Reklamacji Przewozowych, 85-713 Bydgoszcz, ul. Sobieszewska 3.

3. It is allowed to submit complaints related to the performance of the contract of carriage in a documentary form using electronic means of communication to the address: reklamacje@pkpcargo.com, with the exception of complaints related to the execution of the contract of carriage in international carriage on the basis of SMGS regulations if they concern a section of carriage not executed by PKP CARGO S.A.

PKP CARGO S.A. reserves the right to demand the delivery of originals of documents necessary to consider the complaint related to the execution of the contract of carriage in international carriage on the basis of CIM regulations, if required by the carrier participating in the execution of the contract of carriage being the subject of the complaint.

§ 60 Personal data protection

1. PKP CARGO S.A. with its registered office in Warsaw (02-021) at 17 Grójecka St. is the Administrator of personal data as defined in the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data the free movement of such data and the repeal of Directive 95/46 / EC (General Data Protection Regulation), hereinafter referred to as the GDPR, regarding personal data of natural persons representing the sender, consignee, customer or entity acting on their behalf in terms of data: name of the entity, name and surname, occupied position and place of work, postal address, business e-mail address, business phone number, fax number, PESEL number, ID number.

2. As regards the data of natural persons indicated by the entities listed in paragraph 1 in documents prepared on the basis of the templates contained in the Regulations as a contact person or for implementation in matters related to the performance of the carriage service, data are processed in the following categories: name and surname, occupied position and place of work, postal address, business e-mail address, business phone number, fax number, PESEL number, ID number.

3. Personal data of persons referred to in paragraph 2, will be processed by PKP CARGO S.A. based on Article 6 paragraph 1 (b) and (f) GDPR only for the purpose and scope necessary to perform tasks related to the performance of the contract of carriage, in the category of ordinary data: name and surname, position and place of work, postal address, business e-mail address, business phone number, fax number, PESEL number, ID number.

4. Personal data will not be transferred to third parties, unless it is related to the necessity resulting from the performance of the contract of carriage.

5. Personal data may be transferred to a third country and an international organization within the meaning of the GDPR, if it will be connected with the necessity resulting from the performance of the contract of carriage.

6. The above personal data will be processed for a period of 6 years from the end of the calendar year in which the contract of carriage between the Parties has been completed, unless a longer processing period is necessary, e.g. due to archiving obligations, redress.

7. Providing personal data is required for the performance of the contract of carriage. If a natural person raises an objection or a request to limit processing, it is the contractor's duty to immediately indicate another person in its place.

8. The data submitter has the right to request from the Administrator access to their personal data, rectify them, remove or limit the processing or objecting to data transfer and the right to lodge a complaint to the supervisory body.

9. Based on the provided personal data, PKP CARGO S.A. will not make automated decisions, including decisions resulting from profiling within the meaning of the GDPR. In any matter regarding the processing of personal data, please contact the Data Protection Supervisor in PKP CARGO S.A .: iod@pkpcargo.com, tel. (22) 391-46-65.

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LIST OF APPENDICES AND TEMPLATES

Appendix No. 1 - Filling in the consignment note (§ 7 (2) and (3))

No. of

template

Template Concerns

1 Request for submission/cancellation*) of the User to e-Consignment of PKP CARGO S.A.

§ 4 (2) § 5 (3)

1a Order of wagons / additional order for wagons/ cancelling the wagon

order * on the …/ Notification on the intention to dispatch wagons

provided by the carrier the …

§ 4 (3)

§ 5 (4)

2 Consignment note § 6 (6)

3 Annex to the consignment note § 6 (7)

4 Annex to the consignment note

(For consignments with intermodal transport units - UTI)

§ 6 (7)

5 Waived

6 List of amounts receivable § 15 (6)

7 Protocol of consignment verification pursuant to Article 48

Transportation Law

§ 14 (8)

8 Protocol on reloading the consignment / correction of consignment

loading

§ 14 (9)

9 Power of attorney § 15 (5),

10 Statement of the appointment of persons to receive notices on arrived

consignments and disclaimer of notification on the arrival of

consignment

§ 16 (1)

11 Notice of the arrival of the consignment § 16 (3)

12 Waived

13 Formal report of contamination of railway land § 19 (10)

14 Agreement on cooperation in the performance of transshipment

activities during the carriage of consignments

§ 41 (1)

15 Formal report of determination of material freezing § 10 (1)

§ 17 (7)

16 Formal report of wagon damage § 19 (4),

§ 27 (1)

§ 31 (1)

17 Notification of circumstances preventing carriage or delivery of

consignment

§ 22 (5) and (6)

18 Subsequent orders § 21 (1)

42

18a Appendix No. 1 to Subsequent order – Statement (on consent) § 42 (3)

18b Appendix No. 2 to Subsequent order – Statement (on commitment) § 42 (3)

19 Book on defining the condition of consignments § 23 (4)

20 Formal report on the condition of a consignment § 23 (4)

21 Waived

22 Transfer note on returned wagons (R25) § 17 (4) § 24 (2) and (6)

§ 25 (3)

§ 26 (2), (3), (5)

§ 29 (3) and (4)

§ 30 (2) – (4)

§ 41 (1) § 46 (2)

§ 48 (1)

23 Notice on wagons ready to be collected (R27) § 19 (4),

§ 20 (1)

§ 24 (2) and (6)

§ 25 (3)

§ 27 (1) and (3),

§ 28 (5) and (8),

§ 29 (3) and (4)

§ 31 (1), (3), (4)

§ 32 (4) and (5)

§ 41 (1) § 46 (2)

§ 47

§ 48 (5)

§ 49 (4)

24 Declaration on sharing the private siding § 25 (1)

25 Waived

26 Notice of liquidation of the consignment § 22 (9)

27 Request on hand-over of wagons on a public loading siding or station

track

§ 29 (3)

27a Agreement on handing over of wagons at a public loading siding § 29 (3)

28 Register of receipts of consignment notes made available to perform

operations required by customs office or other administrative

authorities

§ 17 (3)

29 An agreement on cooperation with mutual hand-out of wagons at the private siding transfer point

§ 24 (2) and (3)

29a Application for handover of wagons at the collection point of the siding / railroad line under construction or modernization / siding under construction or modernization *)

§ 24 (5)

30 Waived

31 Waived

32 Waived

33 Reporting of data for goods subject to the statutory monitoring system in domestic transport, import transport and export transport

§ 55 (4), (10) and (15)

43

34 Reporting of data for transit carriage of goods subject to the statutory monitoring system

§ 55 (6) and (10)

35 Agreement regulating the terms of electronic data exchange for the consignment note

§ 6 (2)