Changes from plenary report to adopted text

Added(b) In Article 2, paragraph 6 is deleted;

Added(c) In Article 3, points (20), (22), (23), (27) and (28) are deleted; [Am. 245]

Added(d) Article 7b is deleted;

Added(e) Article 36 is deleted;

Added(f) Articles 38 to 54 are deleted;

Added(g) In Annex IV, points (1) and (3) are deleted;

Added(h) Annex VII is deleted.

Added2. References to the deleted provisions of Directive 2012/34/EU shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Section 1 of Annex X.

AddedArticle 74a Amendments to Regulation (EU) 2016/796

Added1. Regulation (EU) 2016/796 is amended as follows:

Added(a) In Article 19 (1), the following point is added:

Added‘(m) issue recommendations to the Commission, upon request, regarding the drafting and updating of implementing and delegated acts provided for in Regulation of the European Parliament and of the Council (EU) .../...[Regulation on the use of railways infrastructure capacity in the single European railways area, amending Directive 2012/34/EU and repealing Regulation (EU) No 913/2010]. ’ [Am. 246]

AddedArticle 74b Amendments to Directive (EU) 2016/797

Added1. Directive (EU) 2016/797 is amended as follows:

Added(a) In point 2 of Annex II, the following point is added:

Added‘2.9 Use of railway infrastructure capacity: the structures, bodies and procedures referred to in Regulation (EU) .../... of the European Parliament and of the Council [this Regulation]’. [Am. 247]

AddedArticle 75 Transitional provisions

Added1. Framework agreements concluded in accordance with Article 42 of Directive 2012/34/EU before 1 January 2026 shall continue to apply until their expiration date. [Am. 248]

Added2. Article 3, points (20), (22), (23), (27) and (28), Articles 7b, 36 and 38 to 54, Annex IV point (3) and Annex VII of Directive 2012/34/EU shall not apply to activities and tasks carried out in relation to the working timetables entering into force after [8 December 2029].

AddedArticle 76 Repeal

Added1. Regulation (EU) No 913/2010 is repealed with effect from [9 December 2029].

Added2. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Section 2 of Annex X.

AddedArticle 77 Entry into force and application

Added1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Added2. It shall apply from [1 January 2026]. However:

Added(a) Articles 1, 2 and 3, Chapter II, with the exception of Article 9(1) and (2) and Article 27(4)Articles 26, 27, 28, 31, 39 and 50, and Chapter III, with the exception of Article 48, of this Regulation shall apply only to activities and tasks carried out in relation to the working timetables entering into force after [8 December 2029]2027; [Am. 249]

Added(b) Article 9(1) and (2) shall apply from [1 January 2028]2027; [Am. 250]

Added(c) Article 27(4) shall apply from [1 March 2026];

Added(ca) Article 35 shall apply from1 December 2028; [Am. 251]

Added(cb) Article 40 shall apply from 1 December 2027; [Am. 252]

Added(d) Articles 48 and 62 shall apply from [13 December 2026];

Added(e) Article 74 shall apply from [9 December 2029]2027. [Am. 253]

AddedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

AddedDone at …,

AddedFor the European Parliament For the Council

AddedThe President The President

AddedAnnex I

AddedDELIVERABLES AND SCHEDULE FOR CAPACITY MANAGEMENT REFERRED TO IN ARTICLES 11, 16, 18 AND 38

Added1. Deliverables to be prepared by infrastructure managers in strategic capacity planning referred to in Articles 11, 16, 17 and 18

Added[Am. 254]

Added2. Schedule for strategic capacity management referred to in Articles 11, 16, 17 and 18

Added1. When preparing the deliverables of strategic capacity planning for a given working timetable period, infrastructure managers shall respect the schedule set out in this section.

AddedInfrastructure managers may define earlier deadlines. Such deadlines shall be harmonised at EU level and included in the European framework for capacity management referred to in Article 6.

AddedThe consultation of stakeholders shall be carried out in accordance with Article 54 and shall involve at least railway undertakings and other applicants, operational stakeholders and public authorities. Infrastructure managers shall coordinate the deliverables on a continuous basis when coordinating in accordance with Article 53.

Added[Am. 255]

Added2. By way of derogation to point 1, the following simplified and shortened schedule applies to the deliverable ‘Capacity strategy’ in relation to the working timetable periods starting in December 2029 and December 2030:

Added3. Schedule for coordination, consultation and publication of capacity restrictions resulting from infrastructure works referred to in Articles 10 and 35

Added1. As regards temporary restrictions of the capacity of railway lines, for reasons such as infrastructure works, including associated speed restrictions, axle load, train length, traction, or structure gauge (‘capacity restrictions’), of a duration of more than 7 consecutive days and for which more than 30 % of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes of transport, the infrastructure managers concerned shall publish all capacity restrictions, as far as they are known, and the preliminary results of a consultation with the applicants for a first time at least 24 months and, in an updated form, for a second time at least 12 months before the change of the working timetable concerned. These infrastructure restrictions shall be included in the capacity supply plan referred to in Article 18. [Am. 256]

Added2. As part of the coordination between infrastructure managers in accordance with Article 53, the entities designated in paragraph 5 of that Article shall also jointly discuss those capacity restrictions, if the impact of the capacity restrictions is not limited to one network, with interested applicants and the main operators of service facilities concerned when they are published for the first time.

Added3. When publishing capacity restrictions in accordance with point (1) for a first time, the infrastructure manager shall launch a consultation with the applicants and the main operators of services facilities concerned on the capacity restrictions. Where a coordination in accordance with point (4) is required between the first and second publication of capacity restrictions, the entities designated in accordance with Article 53(5) shall consult with applicants and the main operators of service facilities concerned a second time between the end of that coordination and the second publication of the capacity restriction.

Added4. Before publishing capacity restrictions in accordance with point (1), if the impact of the capacity restrictions is not limited to one network, the entities designated in accordance with Article 53(5), including infrastructure managers that might be impacted by the rerouting of trains, shall coordinate between themselves capacity restrictions that could involve a cancellation, re-routing of a train path or a replacement by other modes.

AddedThe coordination before the second publication shall be completed:

Added(a) no later than 18 months before the change of the working timetable if more than 50% of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes of transport for a duration of more than 30 consecutive days.

Added(b) no later than 13 months and 15 days before the change of the working timetable period if more than 30% of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes of transport for a duration of more than 7 consecutive days.

Added(c) no later than 13 months and 15 days before the change of the working timetable period if more than 50% of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes of transport for a duration of 7 consecutive days or less.

AddedThe entities performing the coordination between infrastructure managers in accordance with Article 53(5) shall, if necessary, invite the applicants active on the lines concerned and the main operators of service facilities concerned to get involved in that coordination.

Added5. As regards capacity restrictions of a duration of 7 consecutive days or less that need not be published in accordance with point (1) and for which more than 10% of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes, that occur during the following timetable period and that the infrastructure manager becomes aware of no later than 6 months and 15 days before the change of the working timetable, the infrastructure manager shall consult the applicants concerned on the envisaged capacity restrictions and communicate the updated capacity restrictions at least four months before the change of the working timetable. The infrastructure manager shall provide details on the offered train paths for passenger trains no later than four months and for freight trains no later than one month before the beginning of the capacity restriction, unless the infrastructure manager and the concerned applicants agree on a shorter lead time.

Added6. Infrastructure managers may decide to apply more stringent thresholds for capacity restrictions based on lower percentages of estimated traffic volumes or shorter durations than indicated in section 3 of this Annex or to apply criteria in addition to the ones mentioned in this Annex, pursuant to a consultation with applicants and facility operators. They shall publish the thresholds and criteria for clustering capacity restrictions in their network statements under point 3 of Annex IV of Directive 2012/34/EU.

Added7. Without prejudice to Article 40, the infrastructure manager may decide not to apply the periods laid down in points (1) to (5), if the capacity restriction is necessary to re-establish safe train operations, the timing of the restrictions is beyond the control of the infrastructure manager, the application of those periods would be cost ineffective or unnecessarily damaging in respect of asset life or condition, or if all concerned applicants agree. In those cases and in case of any other capacity restrictions that are not subject to consultation in accordance with other provisions of this Annex, the infrastructure manager shall consult the applicants and the main operators of service facilities concerned forthwith. [Am. 257]

Added8. The information to be provided by the infrastructure manager when acting in accordance with points (1), (5) or (7) shall include: