Changes from plenary report to adopted text

Added5. Framework agreements shall allow for the amendment of their terms to enable better use to be made of the railway infrastructure, without prejudice to Article 39 and Article 40.

Added6. Changes to capacity rights allocated through framework agreements shall be subject to compensation in accordance with Article 40, except for the situation referred to in paragraph 5.

Added7. Framework agreements shall, in principle, cover the period indicated in section 5 of Annex I. The infrastructure manager may agree to a shorter or longer period in specific cases. Any period longer than the period indicated in pointsection 5 of Annex I shall be justified by the requirement of dedicated investments by new entrants or by the substantial novelty of the service. [Am. 141]

Added8. For services using specialised infrastructure referred to in Article 24, which requires substantial and long-term investment, duly justified by the applicant, framework agreements may be concluded for a period of 15 years. Any period longer than 15 years may be agreed only in exceptional cases, in particular where there is large-scale and long-term investment and where such investment is covered by contractual commitments including a multiannual amortisation plan.

Added9. Infrastructure managers shall include capacity allocated through framework agreements in the capacity model referred to in Article 17 and in the capacity supply plan referred to in Article 18.

Added10. While respecting commercial confidentiality, the general nature of each framework agreement shall be made available to any interested party.

Added11. Based on the experience of regulatory bodies, competent authorities and railway undertakings and based on the activities of the ENRRB, the Commission mayshall, by... [24 months from the entry into force of this Regulation], adopt an implementing act settingto set out the details of the procedure and criteria to be followed for the uniform application of this Article and of Article 33 and to amend this Article and in Article 33. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3). [Am. 142]

AddedArticle 32 Capacity allocation through the annual allocation process

Added1. The infrastructure manager shall establish the first operational version of the working timetable for a given working timetable period on the basis of the following:

Added(a) requests for capacity rights received in the annual allocation process;

Added(b) capacity rights relating to the working timetable period concerned and granted through framework agreements in accordance with Article 31;

Added(c) capacity rights relating to the working timetable period concerned and granted through the rolling planning process in accordance with Article 33.

Added2. The infrastructure manager shall allocate capacity through simultaneous capacity allocation, with a view to meeting, to the extent possible, all requests for infrastructure capacity referred to in paragraph 1, subject to paragraphs 5 and 6. The infrastructure manager shall take into account, to the extent possible, all constraints on applicants, including the economic effect on their business.

Added3. In the event of a conflict between two or more capacity requests, or in the event of capacity requests not consistent with the capacity supply plan, the infrastructure managers shall first attempt to resolve the conflict through the consensual consultationconflict resolution mechanism referred to in Article 36. [Am. 143]

Added4. If the consensual dispute resolution mechanism referred to in paragraph 3 has not resolved the capacity conflict, the infrastructure managers shall apply the formal conflict resolution mechanism referred to in Article 37.

Added5. In accordance with Article 18 and Article 20, the infrastructure manager shall give priority to requests that are consistent with the pre-planned capacity defined in the capacity supply plan. As a result, the infrastructure manager may either accept or refuse requests that are not consistent with the, provided operational stakeholders had been duly consulted and their announcements of capacity supply planhad been taken into account to the utmost extent. [Am. 144]

AddedWhen accepting requests not consistent with the capacity supply plan, the infrastructure manager shall aim to maintain the overall balance between the elements of the capacity supply plan listed in Article 18(6) and the request itself. These applications are to be taken into account if there is enough free capacity available without restricting the needs for subsequent applications. [Am. 145]

AddedWhen refusingprocessing requests not consistent with the capacity supply plan, the infrastructure manager should offer an alternative and, where time-wise possible, preceded by consultation with the applicants concerned. If no alternative offer is possible when refusing a request, the infrastructure manager shall, without delay, inform the applicant concerned of its intention to refuse a request. The latter shall have the right to lodge a complaint with the regulatory body. [Am. 146]

Added6. Capacity rights granted through the annual allocation process may comprise:

Added(a) train paths;

Added(b) capacity specifications.

AddedInfrastructure managers shall convert capacity rights granted in the form of capacity specifications to train paths in accordance with section 4 of Annex I.

Added7. The infrastructure manager shall comply with the schedule for the allocation process set out in section 4 of Annex I.

Added8. The infrastructure manager shall consider requests submitted after the initial deadline and prior to the final deadline set out in pointsection 4 of Annex I. In such cases, the infrastructure managers shall allocate capacity rights in accordance with section 4, point 2 of Annex I. [Am. 147]

Added9. For requests for the working timetable received after the initial deadline, which cannot be accommodated either with residual capacity reserved for the working timetable, or with the available unplanned capacity, the infrastructure manager shall try to offer alternatives via a different itinerary.

Added10. The infrastructure manager shall consult interested parties on the draft working timetable. Interested parties shall include all those who have requested infrastructure capacity and other parties who wish to have the opportunity to comment on how the working timetable may affect their ability to procure rail services during the working timetable period.

Added11. The infrastructure manager shall take appropriate measures to deal with any concerns that are expressed.

AddedArticle 33 Capacity allocation through the rolling planning process

Added1. Infrastructure managers shall allocate capacity through the rolling planning process in accordance with the deadlines set out in pointsection 6 of Annex I. Infrastructure managers shall reserve capacity for this purpose in the capacity supply plan referred to in Article 18. [Am. 148]

Added2. Capacity rights granted through the rolling planning process may comprise:

Added(a) train paths or capacity specifications for all running days during the working timetable period comprising the first running day included in the request;

Added(b) capacity specifications for all running days beyond the working timetable period comprising the first day included in the request for a maximum period specified in pointsection 6 of Annex I. [Am. 149]

AddedInfrastructure managers shall convert capacity rights granted in the form of capacity specifications to train paths in accordance with section 6 of Annex I.

Added3. Without prejudice to Article 18, infrastructure managers shall allocate capacity reserved for the rolling planning allocation process on the basis of the allocation principle set out in section 56, point 2 of Annex I. [Am. 150]

Added4. In accordance with the rules and procedures set out in Article 20, infrastructure managers may refuse to allocateshall try their utmost to offer alternative capacity for rolling planning requests if requests are inconsistent with the capacity supply plan adopted in accordance with Article 18. A refusal shall be communicated to the applicant without delayIf it is not possible to offer an alternative, the infrastructure manager may refuse to allocate capacity to such inconsistent request. The applicant shall have the right to lodge a complaint with the regulatory body. [Am. 151]

Added5. Infrastructure managers shall inform the regulatory body of all capacity requests received that did not fit the parameters of the available capacity as defined in the capacity supply plan, regardless of whether they were accepted or refused. On the basis of this information the regulatory body shall issue an opinion at least every two years, which may recommend to the infrastructure manager to amend the capacity model. [Am. 152]

Added6. The infrastructure manager, following a notification to the regulatory body, or following a recommendation by the regulatory body, shall refuse rolling planning requests, if they are of repetitive nature and meet the characteristics of capacity that is normally allocated through framework agreements in accordance with Article 31. The regulatory body shall inform the ENRRB of such decisions and recommendations and the former shall ensure a coherent application of this paragraph.

AddedArticle 34 Capacity allocation through the ad hoc process

Added1. The infrastructure manager shall respond promptly, and in any event within the deadlines set out in section 7 of Annex I, to ad hoc requests for infrastructure capacity submitted at any time during the validity of the working timetable. Information on available spare capacity shall be made available in accordance with Article 9 to all applicants who may wish to use this capacity.

AddedCapacity rights granted through the ad hoc process shall take the form of train paths.

Added2. The allocation of infrastructure capacity in response to ad hoc requests shall be based on the first come, first served principle.

AddedArticle 35 Scheduling of capacity restrictions resulting from infrastructure works

Added1. Infrastructure managers shall schedule capacity restriction resulting from infrastructure works not included in the capacity supply plan referred to in Article 18 as soon as possible.

Added2. When scheduling infrastructure works, infrastructure managers shall limit the impact on pre-planned capacity included in the capacity model or in the capacity supply plan to the extent possible.

Added3. If the scheduling of a capacity restriction resulting from infrastructure works requires a change to an allocated capacity right within the meaning of Article 39, the applicant or applicants concerned shall be entitled to the compensation referred to in Article 40.

Added4. If the scheduling of a capacity restriction resulting from infrastructure works requires a change to an allocated capacity right within the meaning of Article 39, the infrastructure manager shall do its utmost to provide the applicants concerned with alternative capacity.

AddedFor that purpose, the infrastructure manager shall inform all applicants concerned about the intended change to the capacity rights concerned. It shall offer to the applicants concerned alternative capacity rights or launch a coordination with the applicants concerned with a view to agreeing on alternative capacity rights.

Added5. When scheduling infrastructure works in accordance with this Article, infrastructure managers shall adhere to the schedule set out in section 3 of Annex I.

Added6. Infrastructure managers shall include all capacity restrictions resulting from infrastructure works in the capacity model and in the capacity supply plan, irrespective of the moment when they are scheduled.

AddedArticle 36 Consensual conflict resolution mechanism and coordination of requests

Added1. Where in the context of simultaneous capacity allocation the infrastructure manager encounters conflicts between different requests for infrastructure capacity, it shall attempt to ensure the best possible matching of all requirements, through coordination of the requests.

Added2. Where a situation requiring coordination arises, the infrastructure manager shall have the right, within reasonable limits, to propose infrastructure capacity that differs from that which was requested. The infrastructure manager shall define the applicable limits in its network statement. ENIM shall provide guidelines on the definition of such limits and include them in the European framework for capacity management referred to in Article 6.

Added3. The infrastructure manager shall attempt, through consultation with the appropriate applicants, to resolve any conflicts. Such consultation shall be based on the disclosure of the following information within a reasonable time, free of charge and in electronic form:

Added(a) train paths requested by all other applicants on the same routes;

Added(b) train paths allocated on a preliminary basis to all other applicants on the same routes;

Added(c) alternative train paths proposed on the relevant routes in accordance with paragraph 2;

Added(d) full details of the criteria being used in the capacity-allocation process.

AddedWithout prejudice to Article 27(3) and subject to the agreement of all applicants, the infrastructure manager may establish contact between all applicants potentially involved in the resolution of a conflict to facilitate the coordination of requests.

Added4. The principles governing the coordination of capacity requests for domestic rail services shall be set out in the network statement.

Added5. Where requests for infrastructure capacity cannot be satisfied without coordination, the infrastructure manager shall attempt to accommodate all requests through coordination.