Changes from plenary report to adopted text

AddedArticle 49 General principles for performance review

Added1. The Commission shall adopt the Union performance targets for the performance areas set out in Annex VII. The targets shall be in accordance with modal shift goals and shall be updated regularly. In accordance with Article 7f, point (d) of Directive 2012/34/EU, ENIM, with the support of rail infrastructure managers shall monitor and benchmark performance of rail infrastructure services and rail transport services taking into account the general objectives set out in Article 2 of this Regulation. RailUnion and infrastructure managers performance targets. ENIM shall also monitorperiodically inform the Performance of rail transport servicesReview Body and the Commission. [Am. 182]

Added2. For this purpose, infrastructure managers shall set outlay down their own performance targets in the plan referred to in Article 8(3) of Directive 2012/34/EU, taking into account any objectives set out in the contractual agreements referred to in Article 30 of that Directive. The infrastructure managers shall consult with the relevant national and European bodies in order to assure that those targets are consistent with Union performance targets. They shall put in place and perform procedures to monitor and report on progress towards the achievement of the targets, to identify the causes of performance deficiencies with operational stakeholders and to design and implement remedial measures to improve performance. These procedures shall take into account the European framework for performance review referred to in Article 50 of this Regulation. Infrastructure managers shall explain in the network statement the reason for any deviation from the common procedures established in the European framework for performance review. Deviations shall only be allowed in duly justified cases and shall be approved by the regulatory body. [Am. 183]

Added3. ENIM shall cooperate with the European Coordinators on performance reviews in accordance with the operational requirements for the European Transport Corridors set out in Article 18 of [new TEN-T Regulation].

AddedArticle 50 European framework for performance review

Added1. ERA, with the support of ENIM shall set up and implement by [12 months afterfrom the entry into force of this Regulation] a European framework for the review of performance. This framework shall take into account in particular the principles defined in Article 2(3), Article 8(4), Article 42(3) and the operational requirements, the performance objectives and target values set out in [Article 18 of 19 of Regulation (EU) 2024/... [the new TEN-T Regulation]. [Am. 184]

Added1a. The ENRRB shall adopt a recommendation on the European framework for the review of performance by [six months from the entry into force of this Regulation]. While setting up and implementing the European framework for the review of performance, ERA shall take into account the recommendation issued by the ENRRB. [Am. 185]

Added2. The European framework shall cover the performance areas set out in Annex VII. In particular, it shall include:

Added(a) a list of priority performance issues to be addressed in the performance areas set out in Annex VII;

Added(b) performance indicators allowing to monitor progress on the performance issues, including methodology and data requirements to calculate such indicators;

Added(c) criteria and procedures to define performance objectives at the level of infrastructure managers;

Added(d) procedures to monitor and review the elements in points (a) to (c) as well as the implementation of corrective measures and the achievement of the performance objectives referred to in paragraph 4.

Added3. On the basis of paragraph 2, point (d), ENIM shall regularly review the European framework for performance review and the results of its implementation and shall propose appropriate changes to the framework.

Added4. Infrastructure managers shall take the utmost account of the European framework for performance review when fulfilling their functions. In particular, infrastructure managers shall include the objectives defined in accordance with paragraph 2 point (c) of this Article in the business plan referred to in Article 8(3) of Directive 2012/34/EU. These objectives shall include the target values set out in [Article 18(1), points (a) and (b) of new TEN-T Regulation].

Added5. The Commission mayshall, by [24 months from the entry into force of this Regulation], adopt implementing acts, setting out to set out uniform conditions for the application of the elements referred to in paragraph 2 of this Article by ... [36 months from the entry into force of this Regulation, including detailed rules on the elements in paragraph 2, points (b) to (d), and performance targets. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 72(2). In doing so, the Commission shall take into account the work done by ENIM in accordance with paragraph 3 and any recommendations ofconsult ENIM, ERP, ENRRB, the Performance Review Body, ERA and the Europe’s Rail Joint Undertaking. [Am. 186]

AddedArticle 51 European performance review report

Added1. Without prejudice to Article 15 of Directive 2012/34/EU and Article 3 of Commission Implementing Regulation (EU) 2015/1100, ENIM shall prepare and publish by [24 months afterfrom the entry into force of this Regulation] a draft European performance review report on the basis of the European framework for performance review referred to in Article 50 of this Regulation and publishupdate it every year. Based on this report, ERA shall support the Commission in monitoring and reporting progress on the Union’s objectives for rail, including forecasted rail traffic growth foreseen for 2030 and 2050. The draft European performance review report shall be sent to the Performance Review Body. [Am. 187]

Added2. The Performance Review Body shall prepare a self-standing section of theelaborate and adopt the European performance review report, providing its assessment of the performance of rail infrastructure services and rail transport services, disagreements raised and recommendations on performance issues to be addressed with priority and recommendations on, including measures to improve performance, shall be included within the next upcoming programme in accordance with Article 55(8). [Am. 188]

Added3. The European performance review report shall cover at least the lines included in the Single European Transport Corridors referred to in Regulation [new TEN-T Regulation]Railway Area and shall include the information required by [Article 53(3)(g)] thereof54(3)(g) of Regulation (EU) 2024/...[new TEN-T Regulation]. The information presented shall be sufficiently detailed in terms of geographical scope and should cover a sufficiently long period of time to allow for meaningful interpretations. [Am. 189]

Added4. The European performance review report shall include a dedicated section on the performance of coordination between infrastructure managers in accordance with Article 53 and on the consultation mechanism referred to in Article 54 of this Regulation. [Am. 190]

Added4a. The European performance review report shall contain a separate section about the implementation of the processes introduced by ENIM. It shall also contain an analysis of the progress in implementation in various Member States, including reports concerning national exemptions and recommendations for further harmonisation. [Am. 191]

AddedArticle 52 Performance Review Body

Added1. In accordance with the procedure referred to in Article 73(3) By... [six months from the entry into force of this Regulation], the Commission may set up or designate an impartial and competent body to act as a Performance Review Body shall be established as an impartial, competent and self-standing body. Its members shall be appointed on the basis of merit as well as to ensure a mix of skills and experience relevant to the rail capacity management.

AddedThe members of the Performance Review Body shall be nominated by the Commission through a call for experts procedure. The Commission shall be empowered to adopt a delegated act in accordance with Article 71 to set out details of the organisation, governance and financing of the Performance Review Body. That delegated act shall be adopted by... [12 months from the entry into force of this Regulation].

AddedWhen carrying out the tasks conferred upon it by this Regulation, the Performance Review Body shall be independent and shall not seek or follow instructions from any government of a Member State, from the Commission, from ERA or any other public or private entity. [Am. 192]

Added2. The Performance Review Body shall provide advice to the Commission, ERA, ENIM and the European Coordinators on matters related to the performance of rail infrastructure services and rail transport services, on request by the Commission, ERA or the European Coordinators. [Am. 193]

Added3. The Performance Review Body shall perform the following tasks:

Added(a) providing recommendations to the Commission and ENIM as regards the establishment and review of the European framework for performance review referred to in Article 50, including on performance areas, performance issues to be addressed under each of the performance areas, harmonisation of methodologies, processes, criteria and definitions for the collection and analysis of data related to performance and performance indicators; [Am. 194]

Added(b) providing recommendations to ENIM, ERA, the ENRRB, infrastructure managers, applicants, regulatory bodies, Member State authorities, and, where relevant, other stakeholders for corrective measures, on capacity management, traffic management, disruption management and crisis management; [Am. 195]

Added(c) reviewing the results of the draft European performance review report and, preparing the self-standing sectionreport referred to in Article 51(2); [Am. 196]

Added(d) providing opinions and recommendations relating to the performance of rail infrastructure services in relation to the indicative rail infrastructure development strategy referred to in Article 8(1), the business plan referred to in Article 8(3), the contractual agreements referred to in Article 30(2) and the performance scheme referred to in Article 35 of Directive 2012/34/EU.

Added(e) providing advice to the European Coordinators on matters related to the performance of rail infrastructure services and rail transport services.

Added4. The addressees of opinions and recommendations referred to in paragraph 3 shall provide responses to the Performance Review Body within the deadlines set by the latter.

Added5. ENIM, the Network Coordinator, infrastructure managers, regulatory bodies, the ENRRB, ERA and, where relevant, other stakeholders shall cooperate with the performance review body, in particular by providing information related to performance on their own initiative or upon the body’s request and make the utmost effort to take into account its recommendations in their work on rail performance management. [Am. 197]

Added6. The performance review body shall respect the confidentiality of business secrets when handling information provided by relevant stakeholders or the Commission.

AddedCHAPTER V EUROPEAN NETWORK FOR COORDINATION

AddedArticle 53 Coordination between infrastructure managers

Added1. When reference is made to this Article, infrastructure managers shall coordinate between themselves and with other relevant stakeholders in relation to the responsibilities and tasks entrusted to them in this Regulation.

Added2. Infrastructure managers shall coordinate at least on the issues set out in Annex IX and shall comply with the specific coordination requirements set out in the Articles referenced therein.

AddedInfrastructure managers shall in particular:

Added(a) establish organisational structures, procedures and tools, as appropriate, including the digital tools referred to in Article 62;

Added(b) coordinate at the most appropriate geographical level, involving the entities which are best placed to achieve effective and efficient outcomes, in line with the principle of subsidiarity;

Added(c) cooperate with other infrastructure managers through the designated focal points referred to in Article 60;

Added(d) involve ENIM or the Network Coordinator, as appropriate, on matters having Union relevance. Coordination between infrastructure managers may be implemented at more than one level, in particular for matters where coordination is required both at Union level and within a more specific geographical scope;

Added(e) appoint a leading entity, whenever coordination activities involve multiple actors, which shall report to ENIM and shall be responsible for organising consultation activities in accordance with Article 54;

Added(f) refer to ENIM cases where agreed outcomes cannot be reached at first instance;

Added(g) review the performance of coordination activities in accordance with Chapter IV.

Added3. Coordination shall cover allparticularly be reinforced for those TEN-T lines and nodes which are part of the European Transport Corridors set out in Article 7 of and Annex III to [new TEN-T Regulation]. [Am. 198]

AddedInfrastructure managers may extend coordination to additional lines subject to an agreement between all infrastructure managers concerned.

AddedThe Member States and the public service authorities can extend the cover to other lines. [Am. 199]

Added4. Coordination between infrastructure managers relating to the allocation of multi-network capacity rights in accordance with Article 29 shall cover the entire networks of the infrastructure managers which are members of ENIM.

Added5. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend Annex IX with a view to ensure an efficient coordination between infrastructure managers, taking into account planning, operational and commercial considerations of all stakeholders concerned, and in the light of experience gained in the implementation of this Regulation.

AddedArticle 54 Consultation mechanism for European and cross-border matters

Added1. ENIM shall, by ... [12 months from the entry into force of this Regulation] prepare, adopt and implement guidelines to ensure appropriate and regular consultation of interested parties , including representatives from ERA and the Member States, as well as the representative bodies referred to in Article 38(4) of Regulation (EU) 2016/796 and include them in the European framework for capacity management referred to in Article 6, the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44 and the European framework for performance review referred to in Article 50. The processmechanism shall be developed and implemented with the support of the Network Coordinator and with the involvement of the designated focal points ofdesignated by infrastructure managers referred to in Article 60. [Am. 200]

Added2. Where ENIM adopts an opinion or a recommendation likely to have an impact on railway undertakings, other applicants, other operational stakeholders and interested parties, including representatives from ERA and the Member States, as well as the representative bodies referred to in Article 38 (4) of Regulation (EU) 2016/796, it shall publish a draft for the consultation of concerned parties. The concerned parties shall be given an appropriate amount of time to provide feedback on the draft decision. Member State authorities shall be involved when required. When ENIM takes a decision likely to have an impact on the ERP, ENIM shall consult the respective advisory groups. [Am. 201]

Added3. ENIM shall take account of the feedback provided by concerned parties in accordance with paragraph 2 when adopting the final opinion or recommendation. Where ENIM fails to take into account significant elements of the feedback provided, it shall provide the justified reasons for doing so. [Am. 202]

Added3a. In the case of diverging views between ENIM and the consultative bodies, the consultative bodies shall inform the ENRRB. The ENRRB shall take account of such divergent views in its European performance review report referred to in Article 51. [Am. 203]

Added3b. The Commission shall adopt, by ... [24 months from the entry into force of this Regulation], implementing acts to set out uniform conditions to ensure appropriate and regular consultation of interested parties and to amend paragraph 1 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. 204]

AddedArticle 55 Organisation of the European Network of Infrastructure Managers

Added1. For the purposes of this Regulation, the European Network of Infrastructure Managers referred to in Article 7f of Directive 2012/34/EU shall be organised in accordance with this article.