OSE – ERGOSE: new law clarifies who does what in the Greek railway infrastructure projects

A series of new regulations on the OSE-ERGOSE partnership is brought about by the recently passed law 4974/2022. There is now a clear definition of procedures both for the construction of railway projects, their monitoring and their reception. Especially the latter has been a thorn in the side several times in the past in the relations of the two companies.

This includes the procedures for commissioning new studies, technical specifications and corrective actions, even compensation if necessary. The Ministry of Infrastructure and Transport created a new framework for the relations between the two SOEs.

We should first clarify that both OSE and ERGOSE have a construction project but with a different orientation. OSE can carry out constructions on the network in operation and on temporary suspension while the CONTRACTOR executes and implements projects within the network under construction and any projects, if required, within the decommissioned network.

ERGOSE will also be able to implement OSE responsibility projects if the Agency wants to assign them to the construction railway company. If he deems it necessary after he has determined the quality characteristics and specifications (Infrastructure, Superstructure, Signaling, Electrification, etc.) the joint “Library of Specifications for the Execution of Railway Projects” is drawn up.

In order to activate the assignment, approval decisions of the Boards of Directors from OSE (for the assignment) and ERGOSE (for the acceptance) are needed. ERGOSE chooses the best tender process and OSE has the high supervision of its execution and an Assignment Protocol is signed with detailed information (basic quality and technical characteristics, studies, etc.). ERGOSE can make additions to the studies if necessary in collaboration with OSE.

The basic principles of cooperation between the 2 companies provide for access to the electronic database that ERGOSE also updates for OSE.

Reception of works

When receiving the projects, a Protocol of Administrative Reception for Use is signed after the necessary supporting documents have been submitted. In this, a special condition has been provided for the obligation of the respective contractors of the projects to carry out maintenance, repair and safekeeping of the aforementioned sections, in which the Administrative Acceptance for Use took place, from the signing of the Administrative Acceptance Protocol until the final acceptance of the project.

ERGOSE is responsible for the projects to be delivered, to issue the required certificates and “intermediate verification” and “secure integration” files. Any damage, theft or vandalism will be covered by an insurance policy.

The reception of the project must be completed within three months from the expiration of the mandatory maintenance period by the contractor. Beyond the expiration of the above deadline means that the reception has been carried out automatically and the Superior Authority must issue a relevant verification act.

ERGOSE is responsible for meeting the contractor’s obligations during the maintenance period and the OSE should draw up the Project Transfer Protocol. This should at least include the project register and as built plans, BIM file of linear project, Reception Protocol and all certificates.

In the event of damage being found, there is a separate procedure as well as for its restoration. However, it should in any case be completed within two months of its notification to ERGOSE, which is also the competent body, before any part is handed over to OSE. In special cases, this period can reach up to 12 months.

Project monitoring mechanism

Monitoring of the projects is now planned. There will be regular meetings between OSE and ERGOSE and it is submitted on a monthly basis by ERGOSE S.A. time and cost report as well as the next month’s planning for ongoing projects.

In the event of delays not meeting project specifications as well as cost overruns due to ERGOSE S.A., ERGOSE informs the infrastructure manager in a timely manner and in agreement with OSE. takes corrective action. In the event that the corrective measures do not remedy the above, ERGOSE will have to compensate the OSE for the part of the damage the administrator has suffered.