Changes from plenary report to adopted text

AddedArticle 60 Focal points for coordination of infrastructure managers

Added1. In order to ensure coordination between infrastructure managers in accordance with Article 53, the infrastructure managers shall designate focal points. The focal point shall act as the central interface between the organisation of the infrastructure manager and the other entities involved in the coordination activities.

Added2. Infrastructure managers shall inform without delay ENIM about any changes in focal points for inclusion in the publications referred to in Article 57(1) (Transparency).

AddedArticle 61 Common structure, contents and schedule for network statements

Added1. ENIM shall, by [12 months from the entry into force of this Regulation], prepare and adopt a common structure for the network statement referred to in Article 27 of Directive 2012/34/EU, which shall take into consideration the information listed in Annex IV to that Directive, Annex IV to this Regulation, and a common schedule for the consultation of interested parties on the draft network statement. Infrastructure managers shall take the utmost account of this structure and schedule when preparing the network statement. [Am. 216]

Added2. When preparing the network statement referred to in Article 27 of Directive 2012/34/EU, the infrastructure manager shall the take utmost account of the European framework for capacity management, the European framework for the cross-border coordination of traffic management, disruption management and crisis management and the European framework for performance review, referred to respectively in Articles 6, 44 and 50 of this Regulation.

Added3. Where the infrastructure manager does not comply with paragraph 1 or 2, it shall provide a justification in the network statement and inform the competent regulatory body and ENIM.

AddedArticle 62 Digitalisation of capacity and traffic management

Added1. Infrastructure managers shall ensure that capacity management and traffic management processes within the scope of this Regulation are implemented by means of digital tools and digital services.

Added2. The digital tools deployed and the digital services provided shall:

Added(a) improve the performance and the quality, including full interoperability, of the services infrastructure managers provide to applicants;

Added(b) improve the transparency of rail capacity management and traffic management throughout all their phases, including digital and real time solutions which shall be gradually elaborated with relevant stakeholders; [Am. 217]

Added(c) reduce the administrative burden for applicants by requesting each piece of information only once and by providing information or data in a single place, including as regards cross-border services.

AddedWhere applicable, the digital tools and the digital services shall comply with TAF/TAP TSI and RINF, referred to in Article 49 of Directive (EU) 2016/797, to ensure interoperability of relevant systems. [Am. 218]

Added2a. The infrastructure managers shall ensure that the digital tools and digital services fulfil the requirements of the capacity planning and allocation process set out in Section 3 of this Regulation. In order to achieve the improvements indicated in paragraph 2, point (a), of this Article, the infrastructure managers shall also use a tool for the digitalisation of temporary capacity restrictions and a digital illustration of the trains running on the European rail network. [Am. 219]

Added3. Where the digital tools or of the digital services necessary to support capacity management or traffic management processes need to be covered by technical specifications for interoperability, or where existing specifications covering or partially covering those tools, as provided for by Directive (EU) 2016/797 and the implementing acts adopted under that Directive, need to be amended, ENIM and infrastructure managers shall contribute to the development and maintenance of such specifications in cooperation with ERA and the Europe’s Rail Joint Undertaking, and through the process referred to in Article 5 of Directive (EU) 2016/797. [Am. 220]

Added4. Infrastructure managers shall contribute the work of the Europe’s Rail Joint Undertaking on issues that fall within the scope of this Regulation. For this purpose, ENIM and the infrastructure managers shall seek for appropriate representation in the System Pillar Steering Group and the Deployment Group referred to respectively in Articles 96 and 97 of Regulation (EU) 2021/2085.

Added5. Infrastructure managers, railway undertakings, other applicants and, where relevant, the operators of rail service facilities shall exchange digital information related to capacity management and traffic management by means of digital tools and digital services which are based on a harmonised architecture and which involve standardised interfaces or common systems in accordance with Directive (EU) 2016/797 and the specifications laid down in implemented acts adopted under that Directive.

AddedIn the case of multi-network rail services, infrastructure managers shall provide digital services and digital information through a single interface or common systems developed and deployed under coordination of ENIM in accordance with paragraph 3.

Added5a. Infrastructure managers shall ensure that the digital tools and digital services referred to in paragraph 1 shall be fully operational in accordance with the timelines set out in this Regulation: The following digital European rail capacity and traffic management systems shall be implemented:

Added(a) a European digital system for the capacity management processes set out in Chapter II of this Regulation, consisting of:

Added(i) a digital display of capacity models referred to in Article 17 by 1 July 2025 (“European capacity management tool”) to be used from timetable period 2027;

Added(ii) a tool to submit multi-network annual capacity requests and receive answers in a single place and operation by 1 January 2026 (= “path coordination system”) to be used from timetable period 2027;

Added(iii) a digital display of the capacity supply plan in real time referred to in Articles 9 and 18 by 1 December 2028 (“European Capacity management tool”) to be used from timetable period 2030;

Added(iv) a digital display and tool for coordination of temporary capacity restrictions referred to in Article 10 by 1 December 2027 (“temporary capacity restrictions tool”) to be used from timetable period 2029;

Added(v) a capacity broker for requesting multi-network capacity according to the processes described in Articles 32 to 34 by 1 January 2029 (“capacity broker”) to be used from timetable period 2030;

Added(b) a European digital system as a support of the European traffic management network concept, for the traffic management processes set out in Chapter III of this Regulation (“Train information system”), providing for

Added(i) a European-wide overview of multi-network train runs from origin to destination as of the date of application of the Regulation;

Added(ii) a regular exchange of information on estimated time of arrival by December 2027;

Added(iii) a reporting of incidents to or via this common system by December 2030;

Added(iv) a common platform for communication and cooperation of national traffic control centres by December 2030.

AddedERA in cooperation with ENIM and the network coordinator shall, in accordance with Article 19 of Regulation (EU) 2016/796, provide by ... [12 months from the entry into force of this Regulation], a recommendation to the Commission, setting out tools on the implementation and governance of the digital European rail capacity and traffic management system. The recommendation shall take into account the tools already in operation or under development, as well as investments committed, and the tools and timelines provided in this paragraph. Based on this recommendation, the Commission shall be empowered to adopt a delegated act in accordance with Article 71 to set out these tools on the implementation and governance of the digital European rail capacity and traffic management system and to identify the tasks of the Europe’s Rail Joint Undertaking, ERA, infrastructure managers, ENIM, ENRRB and the Network Coordinator in this process. [Am. 221]

Added5b. ERA shall coordinate these tasks.

AddedThe central tools of the European digital capacity and traffic management systems shall be operated by the Network Coordinator.

AddedERA shall ensure compliance of digital systems developed by the sector with the technical standards for interoperability. [Am. 222]

Added5c. The Commission and Member States shall support the financing of the activities set out in this Article, including from the CEF, in order to ensure a timely, cross-border harmonised and interoperable implementation of digital tools and services. [Am. 223]

AddedCHAPTER VI REGULATORY OVERSIGHT OF CAPACITY AND TRAFFIC MANAGEMENT

AddedSECTION 1 Regulatory bodies

AddedArticle 63 Responsibilities of regulatory bodies

Added1. The functions and the powers laid down in Article 56 of Directive 2012/34/EU shall also be exercised with respect to the matters covered by this Regulation. In particular, the regulatory body shall monitor the activities of infrastructure managers and the European network coordinator, as set out in Chapters II to V of this Regulation and shall verify compliance with this Regulation on its own initiative and with a view to preventing discrimination against applicants. [Am. 224]

Added1a. The regulatory body shall participate and supervise the strategic planning of capacity provided in Section II of this Regulation. The regulatory body shall also evaluate proportionality, non-discrimination and transparency. The regulatory body may issue and share opinions with infrastructure managers, ENIM and ERP. The infrastructure managers shall take into account the proposals of regulatory bodies in elaborating the strategic planning of capacity. [Am. 225]

Added2. A railway undertaking, another applicant, a potential applicant, a national, regional or local authority responsible for transport shall have the right to appeal to the regulatory body in accordance with article 56 of Directive 2012/34/EU if it believes it has been unfairly treated, discriminated against or in any other way aggrieved by the infrastructure manager when the latter carried out the activities set out in Chapters II, III, IV and V of this Regulation (Management of infrastructure; Traffic and crisis management; Performance review and management; European network for coordination). [Am. 226]

AddedArticle 64 Cooperation of regulatory bodies within the European Network of Rail Regulatory Bodies (ENRRB)

Added1. For the purpose of fulfilling their responsibilities under this Regulation, the regulatory bodies shall cooperate in the framework of the ENRRB referred to in Article 57(1) of Directive 2012/34/EU, including through joint consultations and investigations, by adopting opinions or recommendations or through other relevant activities. Regulatory bodies shall provide all the required information to the ENRRB and take into account the opinions and recommendations adopted by ENRRB. [Am. 227]

AddedWhen acting within the scope of this Regulation, the ENRRB shall have the tasks and responsibilities and organise its work as defined in section 2 of this Chapter.

Added2. In the case of a complaint or an own-initiative investigation on a matter falling within the scope of this Regulation and affecting the access to or the use of rail networks in more than one Member State, the regulatory body concerned shall inform the ENRRB and the Commission of the complaint or the investigation.

Added3. A regulatory body may transmit any relevant matter, complaint or investigation to the ENRRB for an exchange of views or for the adoption of an opinion or recommendation.

Added4. When taking decisions on matters affecting more than one Member State, the regulatory bodies concerned shall cooperate in preparing their respective decisions under the coordination of the ENRRB in order to bring about a resolution of the matter. For that purpose, the regulatory bodies concerned shall carry out their functions in accordance with paragraph 1 of this Article and Article 56 of Directive 2012/34/EU. They shall take into account any relevant opinion and recommendation adopted by the ENRRB and shall provide these decisions to the ENRRB.

Added5. Where a regulatory body adopts a decision, which departs from any relevant opinion or recommendation of the ENRRB or where it refuses to adopt a decision, it shall provide to the ENRRB an explanation laying out the differences and its reasoning for not following the opinions or recommendations of the ENRRB and include the relevant explanation in its decision. [Am. 228]

Added6. The regulatory bodies consulted by the ENRRB shall reply within the deadlines set by the ENRRB and, upon the latter’s request, shall provide all the information that they have the right to request under their national law. This information may only be used for the purpose of the activities carried out by the regulatory bodies in accordance with this Regulation.

Added7. Infrastructure managers shall provide, without delay, all the information necessary for the purpose of handling the complaint or investigation referred to in this Article and requested by the regulatory body of the Member State in which the infrastructure manager is located. Regulatory bodies shall have the right to request information from ENIM on investigations within their competence. Regulatory bodies shall be entitled to transfer such information to the ENRRB.

Added8. Rail regulatory bodies shall provide the necessary resources for the functioning of the ENRRB.

Added8a. ENRRB shall ensure that its structure, methods of operation and all relevant information about its work, including opinions and recommendations are made publicly available on its website. It shall include contact details of working groups. [Am. 229]

AddedSECTION 2 Tasks and responsibilities of the European Network of Rail Regulatory Bodies

AddedArticle 65 Tasks and responsibilities

Added1. In addition to its tasks under Directive 2012/34/EU, the ENRRB shall also have the tasks and responsibilities laid down in this Regulation.

Added2. The ENRRB shall coordinate all cooperation activities of rail regulatory bodies as outlined in Article 64 and promote alignment of decisions of regulatory bodies in relation to international rail services.

Added2a. ENRRB shall assess, before adopted, the European frameworks for capacity managements, traffic management and performance review as well as the network statement common structure and issue and share an opinion with national regulatory bodies that may take action in accordance with Article 56 of Directive 2012/34/EU. ENRRB may assess all ENIM decisions and issue and share opinions with ENIM, regulatory bodies, ERP and infrastructure managers. [Am. 230]

Added3. Based on requests by applicants, infrastructure managers, and other interested parties, the ENRRB shall provide opinions or recommendations on pending or adopted decisions on complaints submitted to the rail regulatory bodies. [Am. 231]

Added4. Interested parties may lodge a complaint with the ENRRB on matters within the scope of this Regulation or affecting the access to or the use of rail infrastructure in more than one Member State. Where the ENRRB receives such a complaint, it shall transfer it to the competent regulatory body or bodies without delay.