Changes from plenary report to adopted text

Added6. Without prejudice to the existing appeal procedures and to Article 56 of Directive 2012/34/EU, in the event of disputes relating to the allocation of infrastructure capacity, Member States shall ensure that a dispute resolution system is made available in order to resolve such disputes promptly. That system shall be set out in the network statement for capacity requests for domestic rail services. If this system is applied, a decision shall be reached within a time limit of 10 working days.

Added7. In case of multi-network capacity requests, the consensual conflict resolution mechanism set out in paragraphs 1, 2 and 3 shall be performed in accordance with Article 53 and shall involve the Network Coordinator.

Added8. By ... [24 months from the entry into force of this Regulation] and after following consultation with ERP, ENIM shall prepare guidelines for the consensual conflict resolution mechanism for multi-network capacity requests and include them in the European framework for capacity management referred to in Article 6. [Am. 153]

Added8a. The Commission shall, by [24 months from the entry into force of this Regulation], adopt an implementing act to set out the details of the procedure and criteria to be followed for the consensual conflict resolution mechanism for multi-network capacity requests and to amend paragraph 8 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3). They shall be included in the European framework for capacity management. [Am. 154]

AddedArticle 37 Formal conflict resolution mechanism on the basis of socio-economic and environmental criteria

Added1. Where the consensual conflict resolution mechanisms referred to in Article 36 has not resolved the capacity conflict, infrastructure managers shall allocate infrastructure capacity in accordance with Article 8.

Added2. In the context of the formal conflict resolution processmechanism, requests for multi-network capacity rights shall be taken into consideration in their entirety. If, in accordance with Article 8(6), different national parameters apply, those parameters shall be used for the respective sections. [Am. 155]

Added3. In case of conflicting capacity requests involving rail services with similar characteristics and socio-economic profile, the infrastructure manager shall assign capacity on the basis of an auction or in a way providing access to the largest number of applicants. The latter method shall be applied subject to approval by the regulatory body.

Added3a. In this respect, the ENRRB shall compile guidelines to facilitate the harmonised application of Article 3. [Am. 156]

AddedArticle 38 Schedule for capacity allocation processes

Added1. The infrastructure manager and applicants shall comply with the schedule for capacity allocation processes set out in sections 4, 5, 6, and 7 of Annex I.

Added2. Infrastructure managers may decide time periods and deadlines for the schedule for capacity allocation which are different from those referred to in this Regulation and in point 2(b) of Annex VI of Directive 2012/34/EU if the establishment of international train paths in cooperation with infrastructure managers of third countries on a network whose track gauge is different from the main rail network within the Union has a significant impact on the schedule for capacity allocation in general.

Added3. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend sections 4, 5, 6, and 7 of Annex I with a view to ensure an efficient allocation process and address planning, operational, technical and commercial interests of the stakeholders concerned relating to scheduling and capacity allocation.

AddedSECTION 4 Adaptation and rescheduling

AddedArticle 39 Changes to capacity rights after allocation

Added1. Infrastructure managers may change capacity rights allocated to an applicant on their own initiative only in accordance with this Regulation. Applicants may request changes to allocated capacity at all times. A cancellation shall be considered a specific type of change.

AddedIn the event of changes to allocated capacity rights, Article 40 shall apply. Infrastructure managers shall, without delay, update the working timetable referred to in Article 30.

Added2. Infrastructure managers and applicants shall limit changes to capacity rights after allocation to the largest extent possible, in accordance with the objectives set out in Article 2(3).

Added3. Changes to capacity rights shall include cases where the infrastructure manager cannot allow the train to run in accordance with the allocated capacity right and has sufficient time to offer the applicant an alternative capacity right after having informed the applicant of the need for the change.

AddedInfrastructure managers may indicate different deadlines for the allocation of capacity rights on a single network and the allocation of multi-network capacity rights. Infrastructure managers shall provide information on the time necessary to construct a train path in the network statement. This time shall not be longer than the deadlines indicated in section 8 of Annex I.

Added4. The rules and procedures to be applied in the event of a change to a capacity right shall take into account the impact of the change to the capacity right on the applicant in operational and commercial terms. For that purpose, changes shall be categorised based on their impact in accordance with paragraph 8 of this Article and shall give rise to different levels of compensation referred to in Article 40.

Added4a. In the cases where capacity is reserved but not used, a compensation payment shall apply in accordance to Article 40. [Am. 157]

Added5. In the event of a change to a multi-network capacity right, the infrastructure managers concerned shall make all reasonable efforts to ensure the consistency between the capacity rights over the entire train run.

AddedThe infrastructure manager making a change to a multi-network capacity right shall be responsible for the process to coordinate the allocation of an alternative multi-network capacity right with the other infrastructure managers concerned and shall inform the applicant and all parties concerned about the outcome of the coordination. That outcome can be either the allocation of an alternative multi-network capacity right or the information that no alternative capacity right is available.

Added6. For the purpose of this Regulation, failure to use an allocated capacity right by railway undertakings shall be considered equivalent to a cancellation on the day of the train run concerned.

Added7. Where an infrastructure manager changes an allocated capacity right, it shall inform the applicant and the railway undertaking concerned without delay.

AddedThe infrastructure manager shall offer alternative capacity rights to the applicant within the deadlines set out in section 8 of Annex I. Where this is not possibleno alternative offer is feasible in accordance with Article 32(5) and Article 33(4), the infrastructure manager(s) shall provide the applicant with relevant information enabling the applicant to place a new request for infrastructure capacity. Where relevant, that information shall make reference to the capacity supply plan referred to in Article 18 and the contingency planning referred to in Article 19. [Am. 158]

Added8. By ... [12 months from the entry into force of this Regulation], ENIM shall prepare and adopt harmonised procedures to manage changes to capacity rights after allocation and include them in the European framework for capacity management referred to in Article 6. [Am. 159]

AddedThese harmonised procedures shall differentiate between changes, which have a major impact on applicants and railway undertakings in commercial and operational terms and changes with minor impacts. The criteria to be used to categorise a change as major shall take into account, among others, the ability of the railway undertaking to perform the service in accordance with its contractual obligations, delays at departure or changes to the route that result in increase of distance, time of travel, track access charges or other related costs, as well as thresholds for these changes. More stringent criteria shall apply to changes with major impact.

Added8a. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out rules and procedures to manage changes to capacity rights after allocation and to amend paragraph 8 of this Article. Those delegated acts shall be adopted by ... [24 months from the entry into force of this Regulation]. They shall be included in the European framework for capacity management. [Am. 160]

Added9. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend section 8 of Annex I with a view to ensure efficient adaptation and rescheduling processes taking into account planning, operational, technical and commercial considerations of the stakeholders concerned.

AddedArticle 40 Compensation for changes to capacity rights

Added1. Where the infrastructure manager or an applicant do not fulfil their commitments with respect to an allocated capacity right and where this results in a change that is categorised as major in accordance with Article 39, the party initiating the change shall pay a compensation to the other party.

Added2. The compensation referred to in paragraph 1 shall not be due in cases of force majeure.

Added3. Following a consultation of the ENRRB and ERP, ENIM shall, by [12 months from the entry into force of this Regulation], define harmonised conditions giving rise to compensation. Those conditions shall take into account the rules set out in Article 39(4) and (8). ENIM shall include these conditions in the European framework for capacity management referred to in Article 6. The ENRRB shall publish an opinion on the conditions defined by ENIM. [Am. 161]

Added4. Following the approval of the regulatory body, the infrastructure managers shall set out in the network statement the levels of compensation to be paid by the applicants.

AddedFollowing a proposal by the infrastructure manager and after consulting applicants and potential applicants, the regulatory body shall set the levels of compensation to be paid by the infrastructure manager. The infrastructure manager shall publish that information in the network statement.

AddedThe levels of compensation shall be such that they provide effective incentives for the infrastructure manager and for applicants to respect the planned use of capacity and minimise disturbances. These levels shall be proportionate and non-discriminatory.

AddedInfrastructure managers and regulatory bodies may set different levels of compensation depending on the impact of the change and whether the capacity can be re-allocated and used by another applicant. Those levels shall, in particular, take into account the rules in Article 39(4) and (8), the time left after the change was requested or took place until the time of the train run and the rate of utilisation of the rail infrastructure included in the capacity right.

Added5. In the case of multi-network capacity rights, the obligation to pay the compensation to the applicant shall apply to the infrastructure manager or managers which is or are responsible for the change to the capacity right, taking into account the capacity right in its entirety and, where more than one infrastructure manager is responsible, the ratio of the length of their networks in the capacity right. The compensation for the entirety of the capacity right shall not exceed the compensation due for the capacity right allocated by the infrastructure manager multiplied by three.

Added6. Regulatory bodies shall decide on disputes related to the reason for the change to a capacity right or delayeddelays in the payment of the compensation and shall take a decision without delay and within one month of collecting all the necessary information to assess the cause of the change. Regulatory bodies shall inform and may consult the ENRRB on such decisions. The ENRRB shall ensure that such decisions are coherent and based on commonly recognized principles. [Am. 162]

Added7. The Commission mayshall be empowered to adopt implementing acts settingdelegated acts in accordance with Article 71 to set out the conditions giving rise to the payment of compensations, the categorisation of changes to capacity rights and the methodologies to set the levels of compensation and to amend paragraph 2 of this Article. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 72(3)by ... [24 months from the entry into force of this Regulation]. They shall be included in the European framework for capacity management. [Am. 163]

AddedArticle 41 Rescheduling in the context of disruption management and crisis management

Added1. In the event of a network disruption as referred to in Article 46 or of a crisis situation as referred to in Article 47, the infrastructure manager or managers concerned shall make all possible efforts to reschedule traffic affected by the disruption. For that purpose, infrastructure managers shall allocate rail infrastructure capacity in accordance with the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44, on the basis of the contingency plans prepared in accordance with Article 19 and in close coordination with operational stakeholders and, where relevant, other stakeholders concerned.

Added2. By... [12 months from the entry into force of this Regulation], ENIM shall develop and adopt guidelines for managing and allocating infrastructure capacity in the event of a network disruption in a transparent and non-discriminatory way. In particular, ENIM shall provide guidelines on the application of the simultaneous capacity allocation process and the first come, first served principle. [Am. 164]

AddedWhere the simultaneous allocation process applies, ENIM shall provide guidelines on the procedures to be applied, involving as appropriate the application of the consensual conflict resolution processmechanism referred to in Article 36 and of the formal conflict resolution processmechanism referred to in Article 37.ENIM shall include those guidelines in the European framework for capacity management referred to in Article 6. [Am. 165]

Added3. When rescheduling, infrastructure managers shall not unilaterally change or cancel existing capacity rights for the purpose of managing disruptions. However, based on the experience of regulatory bodies, infrastructure managers and railway undertakings and on the activities of ENIM and the ENRRB, the Commission mayshall be empowered to adopt an implementing act settinga delegated act in accordance with Article 71 to set out the criteria and procedures for rescheduling, including unilateral changes to allocated capacity rights by infrastructure managers for the purpose of managing network disruptions and to amend paragraph 2 of this Article. Those delegated acts. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 72(3)by ... [24 months from the entry into force of this Regulation]. They shall be included in the European framework for capacity management. [Am. 166]

Added4. Infrastructure managers and applicants may conclude, on a voluntary basis, agreements providing for a replacement of certain capacity rights in the event of a network disruption. Such agreements shall be mentioned in the contingency plan referred to in Article 19.

Added5. In the case of a network disruption affecting traffic on more than one network, the infrastructure managers concerned shall coordinate the allocation of alternative capacity in accordance with Article 53 and with the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44.

AddedCHAPTER III TRAFFIC, DISRUPTION AND CRISIS MANAGEMENT

AddedArticle 42 Traffic management, disruption management and crisis management

Added1. Infrastructure managers shall perform traffic management in accordance with this Regulation and Directive (EU) 2016/797 and the specifications laid down in implementing acts adopted under that Directive.

AddedFor that purpose, infrastructure managers shall perform:

Added(a) traffic management during normal operating conditions involving the management of incidents resulting in limited deviations from the working timetable;

Added(b) disruption management to address significant disturbances to network operations requiring concerted action in accordance with Article 46;

Added(c) traffic management during crisis situations as set out in Article 47.

Added2. In the event of large-scale crisis situations, both within and beyond the transport sector, Member States may implement measures derogating from the rules applicable in normal situations in accordance with Article 47. In such cases and where relevant, infrastructure managers shall adopt and apply special rules and procedures, subject to the conditions specified in Article 47.

Added2a. Infrastructure managers shall publish and make freely accessible the special rules and procedures referred to in paragraph 2. They shall notify them to the Commission. [Am. 167]

Added3. When managing traffic, infrastructure managers shall adhere to the principles set out in Article 2.

AddedIn particular, infrastructure managers shall minimise disturbances and their impact on rail traffic and shall: