Changes from plenary report to adopted text

Added(a) ensure a fast and coordinated reaction to disturbances, in particular in the event of network disruptions and crisis situations;

Added(b) stabilise and optimise rail traffic during the entire duration of network disruptions and crises;

Added(c) provide relevant, accurate and up-to-date information to operational stakeholders and to other concerned parties, in particular authorities in charge of managing crisis situations outside the rail sector. This information shall be provided by the appropriate means, including those referred to in Article 62.

AddedArticle 43 Rules and procedures for traffic management and disruption management

Added1. By ... [18 months from the entry into force of this Regulation], infrastructure managers shall put in place rules and procedures to manage deviations of train movements from the working timetable. Those rules and procedures shall be published in the network statement referred to in Article 27 of Directive 2012/34/EU and shall cover traffic management in the situations set out in Article 42(1), points (a), (b) and (c) of this Regulation. [Am. 168]

Added2. The rules and procedures referred to in paragraph 1 shall aim at minimising the overall impact of deviations from the timetable on rail traffic, taking into account the needs of all types of transport. The principlesrules and procedures may involve priority rules for the management between the different types of traffic and the specific procedures, criteria and targets to be applied in an optimisation-based approach that relies on the optimisation of a target function, such as the minimization of the delay minutes or of the time to return to normal operations, rather than explicit priority rules. [Am. 169]

Added3. In the event of a disruption to train movements caused by technical failure or accident, the infrastructure manager shall, without delay, take all necessary steps to restore the situation to normal. To that end, it shall implement a contingency plan in accordance with Article 19. In the event of a disturbance which has a potential impact on cross-border traffic, the infrastructure managers concerned shall cooperate with each other to restore the cross-border traffic to normal in accordance with the European framework for the coordination of traffic, disruption and crisis management referred to in Article 44. [Am. 170]

Added4. When setting out the rules and procedures referred to in paragraph 1, infrastructure managers shall take the utmost account of the European framework for the coordination of traffic, disruption and crisis management referred to in Article 44. They shall explain in the network statement the reason for any deviation from the common rules and procedures established in the European framework for the coordination of traffic, disruption and crisis management.

Added4a. Deviations shall only be allowed in duly justified cases and shall be approved by the national regulatory body. [Am. 171]

Added5. In cases of force majeure, and, where absolutely necessary, on account of an incident making the infrastructure temporarily unusable, allocated capacity rights may be withdrawn without warning for as long as is necessary to repair the system whilst at the same time making the utmost efforts to provide possible alternatives. [Am. 172]

AddedThe infrastructure manager may, if it deems this necessary, require railway undertakings to make available to it the resources which it considers are the most appropriate to restore the situation to normal as soon as possible.

Added5a. In the case of a capacity withdrawal, infrastructure managers shall inform railway undertakings timely on their time management, on progress of repairs and on possible alternatives to their allocated capacity. [Am. 173]

Added6. Member States may require railway undertakings to be involved in assuring the enforcement and monitoring of their own compliance with the safety standards and rules.

Added6a. The Commission shall adopt, by [24 months from the entry into force of this Regulation], implementing acts to set out rules and procedures to manage deviations of train movements from the working timetable and amend paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3). [Am. 174]

AddedArticle 44 European framework for the coordination of cross-border traffic management, disruption management and crisis management

Added1. ENIM shall develop and adopt a European framework for the coordination of cross border traffic, traffic disruption and crisis management in accordance with Article 42 at the latest by [12 months after the entry into force of this Regulation].

AddedENIM shall develop the European framework for the coordination of cross-border traffic management, disruption management and crisis management in cooperation with operational stakeholders and interested parties through the consultation process referred to in Article 54, taking into account the work of the Europe’s Rail Joint Undertaking established in Title IV of Regulation (EU) 2021/2085 2012/2085. [Am. 175]

Added2. The European framework for the coordination of cross-border traffic management, disruption management and crisis management shall provide guidelines for the coordination between infrastructure managers, railway undertakings and other operational stakeholders, including ENRRB. [Am. 176]

Added3. In particular, the European framework for the cross-border coordination of traffic management, disruption management and crisis management shall comprise the elements listed in Annex V.

Added3a. Taking into account the framework adopted by ENIM in accordance with paragraph 1, the Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out the details for the coordination of cross-border traffic management, disruption management and crisis management and to amend paragraph 2 of this Article. Those delegated acts shall be adopted by ... [24 months from the entry into force of this Regulation]. [Am. 177]

AddedArticle 45 Coordination of traffic management, disruption management and crisis management

AddedInfrastructure managers shall coordinate traffic management in accordance with Article 53 and on the basis of the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44.

AddedCoordination shall ensure in particular:

Added(a) that international rail services operate with minimum disruptions both under regular operations and in disturbed situations;

Added(b) that the specific challenges related to cross-border sections resulting, inter alia, from limited interoperability in terms of infrastructure, technical equipment and operations, language and training requirements related to staff, administrative or border formalities are properly taken into account;

Added(c) an efficient exchange of up-to-date and relevant information between infrastructure managers, applicants, railway undertakings and other operational stakeholders, as well as any EU-level relevant crisis management governance structures as appropriate, including in accordance with Article 62.

AddedArticle 46 Network disruptions

Added1. Where an incident results or is likely to result in restrictions to network operations, which require concerted action by operational stakeholders to ensure the best possible management of traffic during the restrictions, the affected infrastructure managers shall assess the likely duration and impact of the incident on the basis of all available information and previous experience.

AddedIf the estimated duration and impact meet the criteria for the declaration of network disruptions as set out in Annex VI, the infrastructure managers concerned shall declare a network disruption and implement the measures laid down in Article 43.

Added2. Where the incident has, or is likely to have, impacts on more than one network, the manager of the infrastructure manager wherein which the incident took place shall declare a multi-network disruption and coordinate actions in accordance with Articles 44, 45 and 53. [Am. 178]

Added3. ENIM shall define a harmonised method to estimate the likely duration and impact of network disruptions and include it in the European framework for the coordination of traffic, disruption management and crisis management referred to in Article 44. [Am. 179]

Added4. The infrastructure manager shall inform, as soon as possible, interested parties about the unavailability of infrastructure capacity, in particular due to an incident.

AddedThe regulatory body may require the infrastructure manager to make such information available to it, if it deems it necessary.

Added4a. In the case of a partial or total interruption of services caused by disruption of train operation due to a technical failure, incident or an accident on a cross-border line that lasts longer than 15 days, the impacted infrastructure managers shall, within 30 days of the occurrence, prepare an incident report. The incident report shall include at least:

Added(a) information on all operational measures undertaken to ensure alternative routes;

Added(b) information on all actions undertaken to restore regular services on the interrupted line.

AddedThe report shall be made publicly available and shall be regularly updated until the interruption is lifted.

AddedERA may issue recommendations on improved measures to address the disruption and the traffic capacity restrictions caused by the accident. [Am. 180]

Added5. The Network Coordinator shall collect information on network disruptions, analyse the response, draw conclusions on the effectiveness of the management of such incidents and consult operational stakeholders in accordance with Article 54 and report to ENIM and the Performance Review Body.

Added6. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend Annex VI with a view to ensure an effective and efficient management of network disruptions, taking into account planning, operational, technical and commercial considerations of the stakeholders concerned.

AddedArticle 47 Crisis situations

Added1. In cases of crises related to public safety, health epidemics, natural disasters, environmental, defence and security crises, that have or are expected to have a critical effect on the supply or demand of rail transport services, Member States shall be allowed to apply emergency measures that include, by way of derogation from the rules of this Regulation:

Added(a) the cancellation of capacity rights without compensation;

Added(b) alternative principles, rules and procedures for capacity management, in particular for the allocation of scarce infrastructure capacity;

Added(c) alternative procedures for traffic management;

Added(d) the use of alternative routes;

Added(e) the amendment of capacity supply plans.

AddedThe Member State concerned shall ensure that the emergency measures follow to the extent possible the principles on capacity and traffic management set out in this Regulation and that they make use of existing plans prepared in accordance with Article 19. TheyIt shall coordinate such emergency measures with other Member States. [Am. 181]

Added2. The Member State concerned shall inform the Commission and ENIM without delay of its decision to apply emergency measures and shall provide a justification and a description of those measures and the expected duration of their application. If applicable, the Member States shall also notify the Commission and the central liaison offices as foreseen under Article 8 of the [Regulation on a Single Market Emergency Instrument].

Added3. The infrastructure manager shall appoint a focal point in the meaning of Article 60, which shall provide information to the Commission, ENIM, other infrastructure managers and other interested parties about the emergency measures and shall help coordinate such measures.

Added4. Where emergency measures have a significant impact on cross-border traffic, infrastructure managers shall coordinate between themselves in accordance with Articles 53 and 54. When performing coordination through dedicated coordination structures in accordance with Article 53, paragraph 2, point (a), the Commission and the Member States concerned shall be involved.

Added5. At the request of the Commission, regulatory bodies and the ENRRB shall provide their opinion on the emergency measures to the Commission within the deadline set by the latter. The Commission may adopt decisions requiring a Member State to repeal the emergency measures, if they are deemed not to be necessary.

Added6. Member States shall provide updated information where necessary or upon the request of the Commission. Member States shall provide all the information required by the Commission about the emergency measures within the deadlines set by the latter.

Added7. Public authorities in charge of managing crisis situations, including the military, civil protection agencies, and others, may organise exercises simulating crisis situations falling within the scope of this Article. In such cases, the infrastructure manager shall allocate capacity as needed, including the cancellation of allocated capacity rights if necessary. The public authorities concerned shall compensate the applicants concerned in accordance with Article 40.

AddedArticle 48 Exchange of information on traffic management

Added1. All operational stakeholders directly involved in the operation of a rail transport service shall have the right of access to the information concerning this rail transport service set out in Annex VIII.

AddedThe parties concerned may only use this information for the purposes of this Regulation and for the purposes of Directive (EU) 2016/797 and implementing acts adopted under that Directive, unless specified otherwise in contractual agreements.

Added2. The information shall be made accessible in accordance with Article 62.

Added3. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend Annex VIII with a view to ensure that it reflects any changes to the technical specifications for interoperability laid down in the relevant implementing acts that are adopted in accordance with Directive (EU) 2016/797 and taking into account planning, operational, technical and commercial considerations of the stakeholders concerned.

AddedCHAPTER IV PERFORMANCE REVIEW