Changes from plenary report to adopted text

Added2. All rail infrastructure managers, which are responsible for lines that form part of the core and extended core TEN-T network, referred to in [Article 6 of and Annex I to new TEN-T Regulation],Single European Rail Area shall be members of ENIM. They shall appoint a representative and an alternate. [Am. 205]

Added3. Rail infrastructure managers, which do not meet the criterion defined in paragraph 2 may appoint a non-member representative to participate in the deliberations of ENIM.

Added4. Following the consultation of and the approval by the Commission, ENIM shall adopt and publish its rules of procedure. It shall organise its activities in accordance with the rules of procedure.

Added5. ENIM shall take its decisions by a simple majority, unless otherwise provided for in the rules of procedure. All members from one Member State shall together have one vote. In the absence of a member, the alternate shall be entitled to exercise the right to vote.

Added6. ENIM shall meet at regular intervals. It shall elect a Chair from among its members with a two-thirds majority of its members.

Added7. The Commission and ERA shall be a non-voting member of ENIM. ItThey shall support the work of ENIM and facilitate coordination. [Am. 206]

Added8. ENIM shall define its work programme. The work programme shall cover at least a period of two years. ENIM shall consult ERP, the advisory groups established in Article 55a, applicants and other operational stakeholders through the consultation mechanism referred to in Article 54 on the draft work programme. In addition, it shall consult the European Commission, the European Union Agency for Railways and the Europe’s Rail Joint Undertaking and, as appropriate, other stakeholders. [Am. 207]

Added8a. In the development of the European frameworks for capacity management, traffic management, and performance management, ENIM shall consult with ERP. [Am. 208]

Added8b. Rail infrastructure managers and allocation bodies of third countries which are responsible for lines of the trans-European transport network shall be allowed to join ENIM as observers. [Am. 209]

AddedArticle 55a European Railway Platform

Added1. The European Railway Platform (ERP) is hereby established as a consultative body to ENIM.

Added2. ERP shall be composed of representatives of railway undertakings using European rail infrastructure. ERP may also include, as member, any applicant using European rail infrastructure individually or through associations, operators of service facilities and terminals, multimodal capacity stakeholders, such as sea and inland waterway ports and owners of other rail-related service facilities. Each member shall appoint one representative and one alternate. The Commission and ERA shall also be appointed as observers within ERP. The rail industry may be invited to attend consultative groups and discussions to enable better information and preparedness.

Added3. The Commission shall assist the ERP by establishing the modalities of functioning of ERP, including conditions for admission to the platform of representatives of the categories under paragraph 2.

Added4. Following the consultation of and the approval by the Commission, ERP shall adopt and publish its rules of procedure. It shall organise its activities in accordance of the rule of procedure. The ERP rules of procedure shall set, inter alia, the frequency of meetings and the organisation of its activities. ERP may organise its activities in subgroups, grouping stakeholder types and regional clusters.

Added5. ENIM shall consult ERP before preparing and adopting European frameworks for capacity management, traffic management and performance management. ERP may issue its own opinions, which shall be taken into account by ENIM. ERP may also issue own initiative opinions addressed to ERA and/or to the Commission.

Added6. Consultations under this Article shall be without prejudice to the right of applicants to appeal decisions by ENIM.

Added7. ERP shall address to ERA and to the Commission an annual report of its activities. This report shall be published. [Am. 210]

AddedArticle 56 Responsibilities of ENIM

Added1. In addition to the tasks laid down in Article 7f of Directive 2012/34/EU, ENIM shall be responsible for all tasks assigned to it in this Regulation. It shall, in particular:

Added(a) adopt the European framework for capacity management referred to in Article 6;

Added(b) adopt the European framework for the coordination of traffic and crisis management referred to in Article 44;

Added(c) adopt the European framework for performance review, referred to in Article 50;

Added(d) adopt opinions and recommendations to infrastructure managers in accordance with the provisions of this Regulation and on its own initiative;

Added(e) adopt opinions and recommendations to infrastructure managers in the cases referred to in Article 53(2)(f);

Added(f) organising the coordination between infrastructure managers in accordance with Article 53.

Added2. When performing coordination through dedicated coordination groups, infrastructure managers shall appoint the entities participating in this group, including focal points appointed by infrastructure managers in accordance with Article 60, the Network Coordinator or both.

AddedArticle 57 Transparency

Added1. ENIM shall ensure that its membership, methods of operation and all relevant information about its work are made publicly available on its website. It shall include contact details of dedicated coordination groups, established by the infrastructure managers and references to coordination tools and procedures in accordance with Article 53.

Added2. ENIM shall invite the Commission, including the European Coordinators, ERP and, where relevant, representatives of ERA and the Member States, as well as the representative bodies as referred to in Article 38(4) of Regulation (EU) 2016/796 to its meetings with a view to discuss issues related to the development of rail infrastructure and to ensure cooperation with the European Coordinators, as outlined in [new TEN-T Regulation]. ENIM shall provide the information required under [Article 53, third subparagraph of the new TEN-T Regulation]. [Am. 211]

AddedArticle 57a Responsibilities of ERA

Added1. In addition to the tasks laid down in Regulation (EU) 2016/796, ERA shall be responsible for all tasks assigned to it in this Regulation. It shall, in particular:

Added(a) provide support, upon request from the Commission in preparing the specific implementing and delegated acts foreseen by this Regulation;

Added(b) coordinate, as system authority, according to Article 23 of Regulation (EU) 2016/796 the tasks as set out in Article 62 of this Regulation;

Added(c) fulfil the tasks as set out in Article 50 of this Regulation;

Added(d) provide, on request, support to the regulatory bodies in identifying rules, procedures and tools within the scope of this Regulation;

Added(e) identify obstacles for multi-network rail services.

Added2. In its work, the Agency shall:

Added(a) draw up its recommendations based on the work of ENIM and the network coordinator;

Added(b) where appropriate, take account of technical progress and acknowledged research work;

Added(c) take account of the estimated costs and benefits of its recommendations and underline the most viable solutions;

Added(d) fulfil the criteria of openness, consensus and transparency as defined in Annex II to Regulation (EU) No 1025/2012.

Added3. The amount of the financial resources dedicated to the performance of ERA tasks under this regulation shall be drawn from the unallocated margins under MFF ceilings or mobilised through the non-thematic MFF special instruments. [Am. 212]

AddedArticle 58 Network Coordinator

Added1. The infrastructure managers shall provide ENIM with the necessary resources to perform its tasks. For this purpose, theythe Commission shall, after consultation with Member States and ENIM, appoint by [12six months afterfrom the entry into force of this Regulation] an impartial and competent entity to fulfil the functions referred to in Article 59. Such entity will be designated as a Network Coordinator. ENIM may decide to change the entity appointed as Network Coordinator with consent of the Commission. [Am. 213]

AddedPrior to the appointment of the Network Coordinator, infrastructure managers shall seek the consent of the Commission regarding the designated entity and the following aspects:

Added(a) the terms and conditions for the appointment of the Network Coordinator;

Added(b) the conditions of withdrawal of the appointment;

Added(c) the procedure to regularly monitor its work and to assess whether it has performed its tasks effectively;

Added(d) any additional operational duties and tasks of the Network Coordinator.

Added2. The Network Coordinator shall execute its tasks in an impartial and cost-effective manner and shall act on behalf of ENIM and the Commission. For this purpose, it shall submit to ENIM and the Commission its annual work programme with respect to the tasks set out in this Regulation as well as an annual report on the implementation of the work programme. [Am. 214]

AddedArticle 59 Tasks and responsibilities of the Network Coordinator

AddedThe Network Coordinator shall carry out in support of ENIM the following tasks:

Added(a) act as secretariat and prepare ENIM’s meetings, documents, decisions and opinions;

Added(b) contribute to the preparation of the European framework for capacity management referred to in Article 6, the European framework for the coordination of cross-border traffic management, disruption management and crisis management referred to in Article 44 and the European framework for performance review referred to in Article 50;

Added(c) contribute to the operational coordination between infrastructure managers in accordance with Article 53;

Added(d) identify rules, procedures and tools within the scope of this Regulation and adopted at national or infrastructure manager level which create obstacles for multi-network rail services, as set out in this Regulation;

Added(e) act as a contact point on behalf of infrastructure managers for enquiries related to capacity planning and allocation, in particular regarding potential requests for capacity, for information or contact points related to rail incidents and temporary capacity restrictions;

Added(f) act as a first point of contact for stakeholders outside the rail sector interested in using rail services, providing contacts to relevant actors at infrastructure managers and other operational stakeholders;

Added(g) act as a contact point on behalf of ENIM for applicants and other operational stakeholders on issues not explicitly covered by this Regulation, in particular the launch or change of cross-border rail transport services or organising support for ad hoc activities, in particular to address the crisis situations referred to in Article 47.

Added(ga) provide existing and new shared B2B-services to Infrastructure Mangers and Railway Undertakings to improve rail services and boost trans-European rail traffic. [Am. 215]