Changes from plenary report to plenary report

RemovedWithout having national plans which are summed up to achieve the overall EU objectives, these objectives will remain just ambition without realistic concrete plans which can be monitored and modified if needed.

RemovedRecital 5: (5) Rail infrastructure capacity management and rail traffic management are crucial to the well-functioning of the rail sector. The operation of rail transport services needs to be carefully planned and coordinated to allow trains with very different characteristics, such as speed and braking distance, to share safely the same tracks. Optimal management of capacity creates more opportunities for, and increases reliability of, rail services, which is a particularly important requirement for the increasing market of night trains as well as the ambitions to shift goods to rail freight. Regulation should provide infrastructure managers with sufficient flexibility for effective management of capacity while making sure that all railway undertakings are treated without discrimination in their access to the network.

RemovedRecital 6: (6) Directive 2012/34/EU recognises the right of Member States not to apply the rules on rail infrastructure capacity allocation to certain parts of the rail network or to certain rail services, where such an exclusion from the scope of Union law would not affect the functioning of the single European railway area. These exclusions, while being strictly limited, should continue to apply and Member States should retain the right to request such exclusions in the future also in relation to this Regulation.

RemovedRecital 7: (7) The rules and procedures on the management of rail infrastructure capacity should consider and satisfy the needs of all rail market segments in a non-discriminatory way. They should in particular take into account the necessity of long-term stability of available capacity for passenger services and of short-term flexibility for freight traffic to respond to market demand. Therefore, the process of managing capacity should no longer have a predominantly annual focus, but be arranged in three subsequent phases of strategic capacity planning; rail service scheduling and capacity allocation; and adaptation and rescheduling of capacity. The introduction of better defined and structured phases that provide for the possibility of long-term planning and short-term adaptation in capacity management, would particularly benefit services that are less easy to plan in advance or are more complex to arrange, such as freight trains and cross-border passenger trains, including night trains.

RemovedRecital 8: (8) An increasing portion of the Union rail network is either congested or close to congested and cannot accommodate the needs for rail infrastructure capacity of all applicants and support further growth in the volume of rail transport. Infrastructure development and digitalisation, in compliance with the technical specification for interoperability developed under Directive (EU) 2016/797 of the European Parliament and of the Council1a, in particular the European Rail Traffic Management System (‘ERTMS’), is expected to result in an increase of available capacity in the medium to long term. Nevertheless, infrastructure managers will be required to assign priorities for the use of congested sections. Without prejudice to general principles on priority set out by Member States in the framework for the allocation of infrastructure capacity, infrastructure managers should take decisions on priorities using transparent and harmonised methodologies which clarify how social, economic and environmental factors have been taken into account and affect their decision. These socio-economic and environmental criteria should be based on accepted methods and best available knowledge. Therefore, the Commission should be empowered to adopt a delegated act setting out the procedures, criteria and methodologies. When preparing that delegated act, the Commission should cooperate with European Network of Infrastructure Managers (ENIM) and European Union Agency for Railways (ERA) established by Re…

RemovedRecital 8 a (new): (8 a) Existing rail infrastructure capacity is not sufficient for reaching Union’s 2030 and 2050 shift-to-rail objectives. In fact, between 1990 and 2021 the railway network in the Union shrank by over 12,000 km. Achieving the Union's modal shift objectives primarily hinges on increasing rail efficiency and bolstering rail capacity, the latter necessitating investments for the maintenance, renewal and new construction of rail infrastructure. This includes leveraging national budgets, the Connecting Europe Facility (CEF) established by Regulation (EU) 2021/1153 of the European Parliament and of the Council1a, and private investments to address crucial missing links and alleviate bottlenecks, as well as obtaining appropriate levels of funding for maintenance. In particular, Member States should prevent the degrading of rail infrastructure and should minimise the impact of possible capacity restrictions by ensuring adequate, stable and timely long-term funding via multiannual performance agreements that should be concluded between Member State and the infrastructure manager for the period of at least five years. / 1a Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (OJ L 249, 14.7.2021, p. 38).

RemovedRecital 9: (9) The strategic planning of capacity should improve the utilisation of rail infrastructure by anticipating demand for rail services and taking into account planned infrastructure development, renewal and maintenance. It should ensure that rail infrastructure capacity is allocated in a way that maximises the value of rail services for society taking into account socio-economic and environmental impacts. Infrastructure managers should ensure that strategic planning provides progressively increasing level of details about available capacity and that it is the basis for the capacity allocation. Applicants, European Railway Platform (ERP), customers of rail transport services and their associations, Union and national public authorities should be consulted during the strategic planning, and they should have an opportunity to provide input on study “the Analysis of expected transport market developments as referred to in Article 15” and to offer independent comments on the findings

RemovedRecital 11: (11) When allocating capacity, infrastructure managers should adhere to the strategic plans for the supply of capacity and at the same time ensure that capacity is allocated in accordance with market demand in a fair and non-discriminatory way. For that purpose, some capacity requests may be offered alternative capacity or, if no other possibility exists, refused and the plan for the supply of capacity must be regularly updated to reflect the actual demand.

RemovedRecital 11 a (new): (11 a) In several national rail markets, the infrastructure manager is part of a vertically integrated holding company with one or more passenger and freight transport operators. While allocating capacity to these rail undertakings, it is of the upmost importance for the proper functioning of the market that capacity is allocated in a fair, reasonable and non-discriminatory way. In particular, sensitive information shared with the infrastructure manager as part of the capacity allocation process should be considered as confidential.

RemovedRecital 12: (12) Different rail market segments have different abilities to anticipate their rail infrastructure capacity needs. Some freight service providers, in particular, may not be able to identify their capacity needs in time to be included in the working timetable, which is in the annual plan for train and rolling-stock movement, and may not fit in its annual schedule. Therefore, infrastructure managers should be able to offer capacity of sufficient quality and quantity also for rail services that have unstable demand, are organised on relatively short notice, include more than a single train run, and may run repeatedly for a period of time that may not coincide with the duration of the working timetable period. This type of capacity offer could also be offered in a package of minimum pre-calculated unreserved train paths that can then be allocated at short notice.

RemovedRecital 12 a (new): (12 a) Different practises for timetable planning are used in Member States and these concepts should be taken into account in the strategic capacity planning. These practises require increased coordination between infrastructure managers across borders, in particular when the infrastructure manager pre-plan capacity by using integrated clock-face timetables.

RemovedRecital 14: (14) A significant share of rail freight transport is long-distance and requires cross-border coordination of infrastructure managers. The policy goal of increasing rail traffic also relies on growing cross-border passenger services. To facilitate and promote an increasing cross-border traffic in the single European railway area, it is necessary to ensure greater consistency and harmonisation of the rules and procedures on the management of rail infrastructure capacity. Accordingly, the role of the European Network of Infrastructure Manager should be strengthened with a view to entrusting it with the development of guidelines for the harmonised implementation of this Regulation on procedures and methodologies for the management of rail infrastructure capacity and with the active coordination of cross-border capacity and traffic. In particular, the European Network of Infrastructure Managers should develop European frameworks for capacity management, for the coordination of cross-border traffic management, disruption management and crisis management, and for performance review. Railway undertakings, applicants and other operational stakeholders should also be consulted in the development of these European frameworks.

RemovedRecital 15: (15) The European frameworks developed by the European Network of Infrastructure Manager should provide guidelines that infrastructure manager should make the utmost efforts to follow, while retaining responsibility for their operational decisions. Infrastructure managers should justify any deviation from the frameworks developed by European Network of Infrastructure Manager, which should only be allowed in exceptional cases and be subject to approval by the national rail regulatory body. This approach is considered to strike the balance between the needs of coordination and application of harmonised approaches in the single European railway area, and the need for adapting procedures and methodologies to the specific circumstances of given geographical areas. After five years of application of this Regulation, the Commission should assess whether the state of convergence of procedures and methodologies and the effectiveness of the coordination process between infrastructure managers, as well as the general progress towards the establishment of the single European railway area, warrant the introduction of secondary legislation to replace elements the European frameworks developed by the European Network of Infrastructure Managers.

RemovedRecital 15 a (new): (15 a) To ensure a seamless European rail network and to enhance cross-border and multi-network rail traffic for both freight and passenger transport, new tasks should be assigned to the ERA. ERA should cooperate closely with ENIM and the Network Coordinator in the delivery of its new tasks.

RemovedRecital 15 b (new): (15 b) ERA's resources are insufficient given the extent of the proposed increase in the Agency's tasks and the scale of the Union's ambitions within this Regulation. Thus, the amount of the financial resources dedicated to the performance of ERA tasks under this Regulation should be drawn from the unallocated margins under Multiannual Financial Framework (MFF) ceilings or mobilised through the non-thematic MFF special instruments. Since the Commission proposal for MFF revision did not reinforce ERA budget, the increase in appropriations for ERA cannot be offset by a compensatory reduction of programmed spending under CEF Transport or lead to a reduction of the funding for any other Union programmes.

RemovedRecital 17: (17) The operation of railway infrastructure not only requires close cooperation between infrastructure managers, but also a strong interaction with railway undertakings and other stakeholders directly involved in rail and multimodal transport and logistic operations. Therefore, it is necessary to provide for structured coordination between infrastructure managers and other stakeholders. To strengthen the role of Railway Undertakings and applicants, ERP is established as a consultative body to ENIM. Operators of service facilities and terminals, multimodal capacity stakeholder, such as sea and inland waterway ports and owners of other rail-related service facilities, might also be part of ERP. ENIM should consult ERP before preparing adoption of the European frameworks for Capacity Management, Traffic Management and Performance Management. Furthermore, ERP could provide ENIM with a closer view on market developments and it could also issue own initiative opinions on any proposals or decisions by ENIM and ERA.

RemovedRecital 18: (18) Reliability of rail services is one of the aspects most valued by railway customers, and not least a critical requirement of the re-emerging night train market, where rail customers and applicants need to know well in advance how their services can run. Reliability of schedules is also a critical aspect for the smooth functioning of the rail system, where there are strong interactions between services and network externalities. For that reason, deviations from the schedule should be kept to the minimum. Additionally, a system of adequate incentives should be introduced to promote the fulfilment of commitments by infrastructure managers, railway undertakings, operators of service facilities and other relevant stakeholders. Those incentives should be both of economic and non-economic nature.

RemovedRecital 19: (19) Continuous monitoring of the quality of rail infrastructure and transport services is a precondition for improving the performance of these services. Therefore, infrastructure managers should monitor and benchmark the performance of rail infrastructure services and rail transport services. Infrastructure managers, when setting out their own performance targets in the plan, should consult the national regulators, national ministries and the Commission in order to ensure that those targets are consistent with the Union performance targets. It is also necessary to establish a transparent and objective system of indicators that provides feedback on aspects of performance that are relevant for the different operational stakeholders and for the end customers of rail transport services. The main function of that a system should focus on monitoring the fulfilment of commitments made by the operational stakeholders and progress in performance over time while taking into account different circumstances and characteristics within the rail sector. For the establishment of such a system and the analysis of its output, the Commission and ERA should be able to rely on independent experts with a profound knowledge of the railway sector in the form of a Performance Review Body. This body should be able to provide independent expert advice to the Commission and ERA in all areas that influence the performance of rail services and infrastructure management.

RemovedRecital 20: (20) To improve the performance of rail infrastructure services in the single European railway area, the infrastructure managers, in close cooperation with the Commission, ERA, the Performance Review Body and relevant stakeholders, should implement a common framework for the review of performance. This framework should ensure that all EU infrastructure managers use common principles and methodologies for measuring performance through agreed indicators. The framework should allow for identifying performance deficiencies on the EU railway network. It should ensure that infrastructure managers set performance objectives in a way that takes into account the specificities of the network they manage, but at the same time ensures coherency in identifying the most relevant performance deficiencies. The framework should allow infrastructure managers to cooperate at EU level, including within ERA in identifying measures to address performance deficiencies and to keep track of their impact. Infrastructure managers, working together with ERA in the European Network for Infrastructure Managers and taking into account the opinion of the Performance Review Body and the Commission, should review this framework regularly to ensure that it is fit for purpose.

RemovedRecital 22: (22) The rail regulatory bodies should cooperate at Union level to ensure coherent application of the regulatory framework and consistent treatment of applicants across the single European railway area. They should do so through the European Network of Rail Regulatory Bodies (ENRRB), with a view to develop common practices for making the decisions for which they are empowered under this Regulation. For that purpose, ENRRB should perform coordination tasks and adopt non-binding recommendations and opinions, which should not affect the competences of the rail regulatory bodies or those of the infrastructure managers. ENRRB should verify the compatibility of the European frameworks, with the regulatory objectives of the Regulation. Regulatory supervision should be designed in such a way so as to prevent national decisions to undermine the harmonised procedures described in the European frameworks, unless otherwise provided for in this Regulation.

RemovedRecital 23: (23) Efficient management of rail capacity and traffic requires exchange of data and information between infrastructure managers, applicants and other operational stakeholders. This exchange can be considerably more effective and efficient with the support of interoperable digital tools and, where possible, automation. Specifications for interoperability should therefore be implemented as a matter of priority and further developed to keep up with technological developments and the new processes put forward in this Regulation. In order to ensure a swift development and implementation, the Commission should be empowered to adopt a delegated act for the implementation and governance of an integrated digital European rail traffic management. As ERA is the European system authority for telematics applications, it should be closely involved in the development and implementation of the digital tools referred to in Article 62 of this Regulation to ensure that they are compliant with the TSI for telematics applications as defined in Directive (EU)2016/797 and in accordance with Article 23 of Regulation (EU) 2016/796.

RemovedRecital 23 a (new): (23 a) Workers are crucial for the efficient functioning of the railway sector. For services to become more efficient and in order to increase their quality, digitalisation is essential. The digitalisation and automatisation of rail capacity and traffic management need to be accompanied by digital skill development for the sector’s employees. Additional training and investment in the extension of digital competencies with respect to new digital requirements is to enable workers to adapt and positively contribute to the well-functioning of the sector through enhanced communication and capacity to deal with unexpected events.

RemovedRecital 29: (29) The ex-post evaluation of Regulation (EU) No 913/201020 concluded that the Regulation’s impact was too limited to contribute to a modal shift from road to rail. Moreover, the cooperation between Member States and infrastructure managers in the management of the rail infrastructure was still ineffective from a cross-border perspective. The evaluation has also shown that managing separately the capacity on the rail freight corridors and on the rest of the network is not efficient. A single regulatory framework should apply to the operation of rail network capacity, consolidating the related provisions in Directive 2012/34/EU and of Regulation (EU) No 913/2010. Therefore, Regulation (EU) No 913/2010 and the provisions in Directive 2012/34/EU on capacity allocation should be repealed and replaced by this Regulation. Relevant Articles of Regulation 1315/2013 on Union Guidelines for the development of the trans-European transport network should be amended accordingly.

RemovedRecital 29 a (new): (29a) Similarly, alignment should be ensured with the following implementing regulations, for the allocation rules in service facilities (implementing regulation 2017/2177) and for procedures and criteria concerning framework agreements (implementing regulation 2016/545).

RemovedRecital 30: (30) The preparation of the working timetable requires preparatory activities to be carried out in the years preceding the entry into force of the said working timetable. Therefore, the transition from the regulatory framework established by Directive 2012/34/EU and Regulation (EU) No 913/2010 to the one established by this Regulation implies that preparations for working timetables under the new framework should begin in parallel to the application of rules under the current framework. Accordingly, a dual regime must apply in a transition phase whereby necessary preparatory steps for a given timetable should comply with the legal framework applicable to that specific working timetable. Framework agreements concluded under the current framework should have the possibility to continue until the end of their contract.

RemovedRecital 31: (31) Under the new framework, the preparatory steps for a working timetable should begin with the publication of a capacity strategy five years before the entry into force of a given working timetable. In the interest of an early application of the new regulatory framework and taking into account the preparatory work already undertaken by the sector, the schedule of activities leading to the establishment of the first two working timetables could be shortened to 38 months by abbreviating the phase of the capacity strategy. Accordingly, the first working timetable falling under the new regulatory framework should be the working timetable starting on [9 December 2029]. All stakeholders should start the necessary preparations without delay with a view to comply with the new framework. An earlier application date could be considered by Member States that are able to prove that they have carried out all the necessary steps before the adoption date of the Regulation.

RemovedArticle 1 – paragraph 1 a (new): 1 a. This Regulation also lays down rules and procedures for the implementation of an integrated digital European rail traffic management system

RemovedArticle 1 – paragraph 2: 2. This Regulation applies to the Union rail system defined in Article 2(1) of Directive (EU) 2016/797, the use of railway infrastructure for domestic and international rail services referred to in Article 1(2) of Directive 2012/34/EU, including service facilities as defined in Article 3(11) of that Directive.

RemovedArticle 1 – paragraph 3: 3. Chapters II to V of this Regulation shall not apply to rail infrastructure or railway services that are excluded from the application of Chapter IV of Directive 2012/34/EU in accordance with Article 2(3), (3a), (4), (8), (8a), (9) and (10) of that Directive during the period of validity of the relevant exclusions.

RemovedArticle 2 – paragraph 3 – point a: (a) make optimum effective use of the available infrastructure capacity as required in Article 26 of Directive 2012/34/EU with the aim of increasing the share of rail transport, both for passenger and freight services in accordance with Union’s climate targets;

RemovedArticle 2 – paragraph 3 – point d: (d) enable seamless and punctual rail traffic across more than one network and across borders by striving to eliminate bottlenecks and operational obstacles;

RemovedArticle 2 – paragraph 3 – point f: (f) review and improve the performance of rail infrastructure and transport services in close cooperation with rail sector operators, including service facilities that are directly involved in a railway service;

RemovedArticle 2 – paragraph 3 – point g: (g) contribute to the implementation and development of the single European railway area, in particular through common European technical and operational rules and standards, technical equipment requirements and staff certification.

RemovedArticle 4 – paragraph 2 – point 1: (1) ‘force majeure’ means any unforeseeable, unavoidable or exceptional event or situation beyond the control of the infrastructure manager, the railway undertaking or the applicant, which cannot be overcome with reasonable foresight and diligence, cannot be solved by measures which are from a technical, financial or economic point of view reasonably possible including re-routing across borders; this event must have actually happened and needs to be objectively verifiable and which makes it impossible for the infrastructure manager to fulfil, temporarily or permanently, its obligations in accordance with this Regulation or Directive 2012/34/EU or for the railway undertaking to meets its contractual obligations towards an infrastructure manager or managers;

RemovedArticle 4 – paragraph 2 – point 2 a (new): (2 a) ‘applicant’ means railway undertaking or an international grouping of railway undertakings or other persons or legal entities, such as competent authorities as defined in Article 2(b) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council1aand shippers, freight forwarders and combined transport operators, with a public-service or commercial interest in procuring infrastructure capacity; / 1a Regulation (ec) no 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315 3.12.2007, p. 1).

RemovedArticle 4 – paragraph 2 – point 3: (3) ‘operational stakeholder’ means an applicant association of applicants, infrastructure manager, operator of service facility, provider of rail-related services and any other entity directly involved in operating a rail transport service;

RemovedArticle 4 – paragraph 2 – point 17 a (new): (17 a) systematic train paths’means train paths that are based on Articles 11 and 20 of this Regulation, pre-planned in a regular schedule for the period of a working time table,

RemovedArticle 6 – paragraph 1: 1. Infrastructure managers shall strive to follow common principles and procedures for the management of rail infrastructure capacity. For this purpose, ENIM shall develop in consultation with ERP and adopt a ‘European framework for capacity management’ in accordance with Chapter II by …[12 months of the entry into force of this Regulation].

RemovedArticle 6 – paragraph 4: 4. Infrastructure managers shall take the utmost account of the European framework for capacity management when preparing the network statement referred to in Article 27 of Directive 2012/34/EU, in particular the contents specified in Annex IV of this Regulation. They shall justify in the network statement the reason for any deviation from the common principles and procedures established in the European framework for capacity management. Deviations shall only be allowed in exceptional cases and they shall be subject to approval by the national rail regulatory body.

RemovedArticle 6 – paragraph 4 a (new): 4 a. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out the common principles and procedures for the management of rail infrastructure capacity and to amend paragraph 2 of this Article Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation].

RemovedArticle 7 – paragraph 1: 1. Applicants shall make requests for infrastructure capacity. In order to use such infrastructure capacity, applicants, who are not a railway undertaking shall appoint a railway undertaking to conclude an agreement with the infrastructure manager in accordance with Article 28 of Directive 2012/34/EU. This is without prejudice to the right of applicants to conclude framework agreements with infrastructure managers under Article 31 of this Regulation.

RemovedArticle 7 – paragraph 2: 2. The infrastructure manager shall set requirements with regard to applicants to ensure that its legitimate expectations about future revenues and utilisation of the infrastructure are safeguarded. Such requirements shall be appropriate, transparent and non-discriminatory. They shall be specified in the network statement as referred to in point (2)(c) of Annex IV. They may only include the provision of a financial guarantee that shall not exceed an appropriate level which shall be proportional to the contemplated level of activity of the applicant, and assurance of the capability to prepare compliant bids for infrastructure capacity.

RemovedArticle 7 – paragraph 3: 3. The Commission shall, by [24 months after the entry into force of this Regulation], adopt implementing acts to set out the details of the criteria to be followed for the application of paragraph 2 and to amend paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3).

RemovedArticle 8 – paragraph 2 – subparagraph 2: Without prejudice to State aid rules, Member States shall, where appropriate, grant the infrastructure manager compensation corresponding to losses of revenue related exclusively to the need to comply with the strategic guidance regarding the use of rail infrastructure capacity.

RemovedArticle 8 – paragraph 4 – subparagraph 2 – introductory part: Those procedures shall assess alternative options for the use of infrastructure capacity, based on the following socioeconomic and environmental criteria, subject to the availability of standardised data made available by the applicants shall make available to the infrastructure managers. The criteria shall include but shall not be limited to:

RemovedArticle 8 – paragraph 4 – subparagraph 2 – point c: (c) connectivity and accessibility, both as a network effect on the overall network and network segments, for people and regions served by the rail transport services;

RemovedArticle 8 – paragraph 4 – subparagraph 2 – point e a (new): (e a) modal shift effects towards rail.

RemovedArticle 8 – paragraph 5 – introductory part: 5. ENIM shall, in consultation with ERP prepare and adopt the procedures referred to in paragraph 4 and include them in the European framework for capacity management referred to in Article 6. The procedures shall involve the following steps:

RemovedArticle 8 – paragraph 5 – point a: (a) design alternative scenarios to partition the capacity available for every different type of rail transport services that apply for the same capacity, involving, where possible, the provision of alternative capacity on other routes or alternative timing with comparable characteristics both for domestic and cross-border services;

RemovedArticle 8 – paragraph 5 – point a a (new): (a a) design alternative scenarios to address capacity conflicts between two requests that both are not consistent with the strategic capacity planning;

RemovedArticle 8 – paragraph 6: 6. ENIM shall, in consultation with ERP, develop the methodologies referred to in paragraph 5, point (b), of this Article. The parameters of those methodologies shall make it possible to take into account local or national circumstances based on accepted approaches and empirical evidence. ENIM shall include those methodologies in the European framework for capacity management referred to in Article 6.

RemovedArticle 8 – paragraph 7: 7. Taking into account experiences with the preparation and implementation of the framework referred to in paragraph 6, the Commission shall be empowered to adopt, delegated acts in accordance with Article 71 to set out the specific procedures, standardised data reflecting different market segments for the criteria and standardised methodologies to be applied for the management of scarce capacity and to amend paragraph 6 of this Article. Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation]. They shall be included in the European framework for capacity management.

RemovedArticle 9 – paragraph 1 – subparagraph 1: Infrastructure managers shall provide interested parties, in particular applicants, potential applicants and regulatory bodies, with accurate and up-to-date information on the availability of infrastructure capacity throughout the entire capacity management process, including in the strategic planning phase referred to in section 2, during the scheduling and allocation processes set out in section 3 and whenever there are changes to allocated capacity as referred to in section 4, depending on the availability of the published capacity strategy, capacity model and capacity supply plan.

RemovedArticle 9 – paragraph 3: 3. At the request of applicants, infrastructure managers shall provide the information referred to in paragraph 1 of this Article on the basis of concrete specifications of commercial and operational needs (‘feasibility assessments’). For cross-border services, infrastructure managers shall receive and answer to such requests in a single place and single operation or via a single interface established in accordance with Article 27 (4).

RemovedArticle 10 – paragraph 1: 1. Without prejudice to Articles 7, 7c and 7e of Directive 2012/34/EU, infrastructure managers shall plan infrastructure work in accordance with the business plan and with the investment and financial programmes referred to in Article 8(3) of Directive 2012/34/EU. Where amendments to those programmes after the adoption of the business plan affect or are likely to affect the planning of infrastructure works, the infrastructure manager shall provide an overview of such amendments and their likely impact in the network statement. The Member State shall provide the infrastructure manager with stable and timely multiannual funding for the maintenance, renewal and new construction of rail infrastructure for a rolling period of at least five years via the multiannual performance agreement in order to support infrastructure managers to prevent the degrading of rail infrastructure and to minimise the impact on possible capacity restrictions. The annual budget available to infrastructure managers shall be made transparent to the infrastructure manager and be reliably allocated.

RemovedArticle 10 – paragraph 2 – subparagraph 2 a (new): The funding provided by the Member State to the infrastructure manager shall aim at establishing such balance. The information needed for the infrastructure manager to comply with this provision shall be provided by applicants in a timely manner.

RemovedArticle 10 – paragraph 2 – subparagraph 2 b (new): The funding provided by the Member State to the infrastructure manager shall aim at establishing such balance. The information needed for the infrastructure manager to comply with this provision shall be provided by applicants in a timely manner

RemovedArticle 10 – paragraph 3: 3. The infrastructure managers shall consult applicants on the infrastructure works in the context of the coordination mechanisms referred to in Article 7e of Directive 2012/34/EU and, as regards cross-border rail services, in accordance with Article 54 of this Regulation.

RemovedArticle 10 – paragraph 5 – subparagraph 2: Coordination shall address in particular the optimisation of the schedule of infrastructure works and the provision of alternative capacity on the line affected and on alternative routes, taking into account the operational, infrastructure and commercial needs of various applicants.

RemovedArticle 10 – paragraph 5 – subparagraph 2 a (new): The rail freight governance shall submit a recommendation on the coordination of works to its respective infrastructure managers three months prior to the period as defined in paragraph 4.

RemovedArticle 11 – paragraph 2 – subparagraph 2: The contents of and the schedule for preparing those deliverables are set out in sections 1 and 2 of Annex I. All content shall be made available by the infrastructure manager in the official language of the Member State and in English.

RemovedArticle 11 – paragraph 2 – subparagraph 4: The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend sections 1 and 2 of Annex I, to ensure an efficient strategic planning process and reflect the operational concerns of infrastructure managers and applicants, taking into account a recommendation from ERA and the experience of ENIM, infrastructure managers, applicants and other operational stakeholders, regulatory bodies and the ENRRB in implementing this section.

RemovedArticle 11 – paragraph 3 – subparagraph 1 – introductory part: Subject to the principle of management independence laid down in Article 4 of Directive 2012/34/EU, Member States may provide the infrastructure manager with strategic guidance based on the indicative rail infrastructure development strategies referred to in Article 8(1) of Directive 2012/34/EU. The guidance shall be provided by Member States in a timely manner to allow infrastructure managers and operational stakeholders to follow the deadlines set out in Annex I of this Regulation. That guidance may cover/contain in particular:

RemovedArticle 11 – paragraph 3 – subparagraph 1 – point b: (b) an outlook on the development of rail infrastructure, taking into account relevant plans, including long-term strategic infrastructure plans and strategies at national or regional level and the work plans of the European Transport Corridors referred to in Article 54 of Regulation (EU) 2024/... of the European Parliament and of the Council1a [new TEN-T Regulation]; / 1a Regulation (EU) 2024/... of the European Parliament and of the Council of ...on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013 (OJ...).

RemovedArticle 11 – paragraph 3 – subparagraph 2: Member States shall coordinate the timely provision of guidance to and ensure consistency between the respective strategic guidance they provide in accordance with this paragraph with a view to supporting the development of international passenger and freight rail services. With a view to Article 8 of Directive 2012/34/EU, Member States shall ensure advance allocation of financial resources for the infrastructure managers for regular maintenance of infrastructure and financial resources for infrastructure development described in the capacity strategy as referred in Article 16 of this Regulation. The Member States shall coordinate their long-term strategic infrastructure and timetable plans, their infrastructure development based on these plans and coordinate the timelines of their implementation.

RemovedArticle 11 – paragraph 4 a (new): 4 a. Taking into account experiences with the preparation and implementation of the strategic guidance referred to in paragraph 3, the Commission may adopt delegated acts in accordance with Article 71 to set out the specific legal status, template, procedures, criteria and methodologies to be applied for adopting national strategic guidance to ensure consistency between those strategic guidances issued by Member State, which are necessary to support the development of international rail freight and passenger services.

RemovedArticle 12 – paragraph 2 – subparagraph 2: If necessary, in the light of experience gained in the implementation of this Regulation, ENIM in cooperation with ERP may define a more detailed list which further differentiates between types of rail transport services. With a view to supporting the cross-border consistency of the strategic planning process, a harmonised list shall be included in the European framework for capacity management referred to in Article 6.

RemovedArticle 12 – paragraph 4 – point c: (c) the capacity needs announced by operational stakeholders and the input from the consultation of current and potential applicants in accordance with Article 13;

RemovedArticle 12 – paragraph 4 – point f a (new): (f a) as far as possible, the socio-economic and environmental impact of the use of infrastructure capacity.

RemovedArticle 12 – paragraph 6 – subparagraph 1: Strategic capacity planning shall cover the Single European Railway Area.

RemovedArticle 12 – paragraph 8 – point b: (b) changes in market demand for infrastructure capacity taking into account needs announced by applicants for new or modified services;

RemovedArticle 12 – paragraph 9: 9. By... [12 months of the entry into force of this Regulation], ENIM shall develop guidelines setting out common principles, procedures and methodologies for strategic capacity planning. It shall include those guidelines in the European framework for capacity management referred to in Article 6 of this Regulation. Those guidelines should contain at least the elements listed in Annex III to this Regulation. The infrastructure managers shall take the utmost account of those guidelines in the network statement referred to in Article 27 of Directive 2012/34/EU. They shall explain in the network statement the reason for any deviation from the common principles, procedures and methodologies established in the guidelines.

RemovedArticle 12 – paragraph 9 a (new): 9 a. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out common principles, procedures and methodologies for strategic capacity planning and to amend paragraph 9 of this Article. Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation]. They shall be included in the European framework for capacity management.

RemovedArticle 13 – paragraph 2: 2. Infrastructure managers shall consult all operational stakeholders operating multi-network rail services on strategic capacity planning throughout the strategic capacity management phase, and at least in accordance with the milestones set out in Annex I in accordance with Articles 53 and 54.

RemovedArticle 13 – paragraph 2 a (new): 2 a. Infrastructure managers shall give applicants the possibility to announce their capacity needs in a structured format throughout the capacity management process, for which ENIM shall specify appropriate timelines. Infrastructure managers shall make the utmost effort to integrate the needs announced by applicants in the strategic capacity planning documents referred to in Article 11(2). If alternatives are not available for all announced capacity needs, infrastructure managers shall make the utmost efforts to resolve the potential conflicts by means of the consensual conflict resolution mechanism referred to in Article 36.

RemovedArticle 13 – paragraph 2 b (new): 2 b. The regulatory body shall monitor the activities of the infrastructure manager in strategic capacity planning in accordance with Article 63.

RemovedArticle 14 – paragraph 1 – subparagraph 2 – point d: (d) the involvement of all operational stakeholders and ERP, regulatory bodies and the European Network of Rail Regulatory Bodies (‘the ENRRB’), the European Coordinators and, where necessary, Member State authorities and other stakeholders.

RemovedArticle 14 – paragraph 3 a (new): 3 a. The rail freight governance shall submit a recommendation on coordinated capacity strategy to the respective infrastructure managers three months prior to the period as defined in Article 10(4).

RemovedArticle 15 – paragraph 1: 1. Infrastructure managers and ENIM, in consultation with ENRRB and ERP, shall regularly monitor and analyse transport markets and relevant multimodal aspects for rail in order to inform their overall business strategy, capacity and contingency management and investment decisions. Infrastructure managers shall communicate the results of this analysis to other stakeholders for similar purposes, including the European Coordinators.

RemovedArticle 15 – paragraph 3 – point c a (new): (c a) if possible, the impact of projected climate change effects both on infrastructure and services provided.

RemovedArticle 15 – paragraph 4: 4. ENIM shall consult applicants, ERP, customers of rail transport services and their associations, national and EU public authorities on the terms of reference for the study, in particular as regards the purpose of the study and the process for stakeholder involvement.

RemovedArticle 15 – paragraph 5 a (new): 5 a. All data for the study and the study itself shall be published and freely accessible. The data shall be machine readable.

RemovedArticle 16 – paragraph 4: 4. The infrastructure manager shall prepare, publish and, when necessary, update the capacity strategy in accordance with the schedule and the contents set out in section 2 of Annex I.

RemovedArticle 16 – paragraph 5: 5. Infrastructure managers shall consult applicants and impacted service facilities on the capacity strategy in accordance with Article 13 and coordinate capacities strategies with other concerned infrastructure managers in accordance with Article 14.

RemovedArticle 16 – paragraph 5 a (new): 5 a. The infrastructure manager shall submit the capacity strategy to the regulatory body. Within three months after publication, the regulatory body shall, after analysis, have the power to require the infrastructure manager to amend it.

RemovedArticle 17 – paragraph 2: 2. The capacity model shall at least provide information about the total volume of capacity available by network section, the shares of capacity reserved for different segments of rail transport services and for capacity restrictions resulting from infrastructure works. It shall also contain information on the capacity of the respective service facilities referred to in Article 29 (1). Infrastructure managers shall prepare and publish the capacity model for each working timetable period and update the capacity model when needed in accordance with the contents and schedule set out in sections 1 and 2 of Annex I.

RemovedArticle 17 – paragraph 3: 3. Infrastructure managers shall document and, where relevant, justify any divergence between the capacity model and the capacity strategy concerning the same working timetable period. The capacity strategy does not have to be updated in case the capacity model was already published for the same timetable period.

RemovedArticle 17 – paragraph 4: 4. Infrastructure managers shall consult applicants and the regulatory body on the capacity model in accordance with Article 13 and coordinate capacities strategies with other infrastructure managers concerned in accordance with Article 14.

RemovedArticle 17 – paragraph 4 a (new): 4 a. The infrastructure manager shall submit the capacity model to the regulatory body for scrutiny two months before the publication. The regulatory body may take a decision no later than one month before publication, requiring the infrastructure manager to amend the capacity model before publication. With a view to ensure the cross-border consistency of capacity models, the decision of the regulatory body shall take into account, where relevant, any opinion or recommendation by ENIM, ERA or by other regulatory bodies.

RemovedArticle 18 – paragraph 1 – subparagraph 1 – point a: (a) infrastructure capacity available for allocation to applicants in the working timetable and safeguarded for later requests according to Article 33, including service facilities; ;

RemovedArticle 18 – paragraph 4: 4. In the capacity supply plan, infrastructure managers may indicate infrastructure capacity and capacity in service facilities as referred to in article 29 (1) as pre-planned. Pre-planned capacity means capacity for which the infrastructure manager defines characteristics and volumes of the capacity available for requests by applicants, sets out rules for the allocation of such capacity and defines the process through which such capacity can be requested, in accordance with Article 20. The specified characteristics, rules and allocation processes shall be taken into account when allocating pre-planned capacity.

RemovedArticle 18 – paragraph 7 – subparagraph 2: Infrastructure managers shall include in the capacity supply plan all elements listed in paragraph 6 and ensure coherence with the capacity strategy.

RemovedArticle 18 – paragraph 9: 9. The infrastructure manager shall submit the draft capacity supply plan to the regulatory body for scrutiny two months before the publication. The regulatory body shall analyse this plan and may take a decision no later than one month before publication, requiring the infrastructure manager to amend the capacity supply plan.

RemovedArticle 18 – paragraph 9 a (new): 9 a. With a view to ensuring the cross-border consistency of capacity supply plans, the decision of the regulatory body shall take into account, where relevant, any opinion or recommendation by ENRRB, ERA or by other regulatory bodies.

RemovedArticle 18 – paragraph 10 – introductory part: 10. By ... [12 months of the entry into force of this Regulation], and in consultation with ERP, ENIM shall adopt guidelines and include them in the European framework for capacity management referred to in Article 6, setting out the following:

RemovedArticle 18 – paragraph 10 a (new): 10 a. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out common principles, procedures and methodologies for the guidelines referred to in paragraph 10 of this Article and to amend paragraph 10 of this Article. Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation]. They shall be included in the European framework for capacity management.

RemovedArticle 19 – paragraph 2 – point a: (a) the designation of alternative routes allowing to re-route traffic in the event of non-availability of a line;

RemovedArticle 19 – paragraph 5: 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out the details of the procedure and criteria to be followed for the application of paragraph 2 of this Article, in particular for situations which have a potential impact on cross-border traffic. These delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation],

RemovedArticle 20 – paragraph 2: 2. Capacity planning objects shall define the characteristics and properties of different types of pre-planned capacity, including capacity available for requests by applicants, capacity reserved for infrastructure works and capacity already allocated. Those characteristics and properties shall include all aspects relevant for specific types of pre-planned capacity, such as route, timing, guaranteed or required minimum speed, the technical compatibility between rolling stock with infrastructure, parameters and number of train runs included.

RemovedArticle 20 – paragraph 3: 3. By .. [12 months of the entry into force of this Regulation] and in consultation with ERP, ENIM shall develop a common framework for the criteria and procedures referred to in paragraph 1 of this Article and include it in the European framework for capacity management referred to in Article 6. That common framework shall balance the benefits of reserving capacity for specific types of rail services or allocation processes with the need to ensuring flexibility to accommodate market needs in capacity allocation. For that purpose, the common framework shall provide for the possibility of taking into account requests for capacity rights not consistent with pre-planned capacity in the context of the consensual conflict resolution mechanism referred to in Article 36.

RemovedArticle 20 – paragraph 4: 4. ENIM shall develop and adopt formal specifications for capacity planning objects in human-readable and in machine-readable format. ENIM shall include these specifications in the European framework for capacity management referred to in Article 6 of this Regulation. Based on its experience in applying this Article, ENIM, following consultation with ERP shall provide information to the Commission on possible amendments to the technical specifications on interoperability as provided for by Directive (EU) 2016/797 and the implementing acts adopted under that Directive, in accordance with Article 62(3) of this Regulation.

RemovedArticle 20 – paragraph 4 a (new): 4 a. The Commission shall be empowered to, adopt delegated acts in accordance with Article 71 to set out the details of the procedure and criteria to be followed for the application of paragraph 1 of this Article, in particular for situations which have a potential impact on cross-border traffic, and to amend paragraph 1 of this Article. Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation].

RemovedArticle 21 – paragraph 3: 3. Conflicting individual capacity requests submitted for allocation during the working timetable period shall not be a ground for declaring an element of infrastructure to be highly utilised or congested unless the conditions set in paragraph 1 are met.

RemovedArticle 21 – paragraph 8: 8. The procedures to be followed and the criteria to be used where infrastructure is congested shall be set out in the network statement and shall respect any measures and criteria adopted in accordance with paragraph 6.

RemovedArticle 21 – paragraph 9: 9. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend Annex II, to ensure an efficient management of capacity on highly utilised and congested infrastructure and reflect the operational concerns of infrastructure managers and applicants, taking into account the experience of ENIM, infrastructure managers, applicants and other operational stakeholders, regulatory bodies and the ENRRB in implementing this Article.

RemovedArticle 22 – paragraph 1 – subparagraph 3: The capacity analysis shall also include a first indicative set of possible measures to be taken in the short, medium and long term to ease the congestion and increase the availability of capacity. The capacity analysis shall differentiate between measures for highly utilised infrastructure and for congested infrastructure.

RemovedArticle 22 – paragraph 2: 2. The capacity analysis shall consider the characteristics of infrastructure in terms of capacity, capabilities and interoperability, operating procedures, the nature of the different services operating and the effect of all those factors on infrastructure capacity. Measures to be considered shall include in particular rerouting services, including via different networks if applicable, retiming services, speed alterations, harmonisation of operating procedures and infrastructure improvements.

RemovedArticle 22 – paragraph 4 – subparagraph 1: Infrastructure managers shall take into account the results of any capacity analysis carried out, including in other networks concerned, pursuant to this Article in strategic capacity planning, in particular in the capacity strategy, in the capacity model and in the capacity supply plan.

RemovedArticle 23 – paragraph 1 – subparagraph 1: For infrastructure declared to be congested in accordance with Article 21 and within six months of the completion of a capacity analysis in accordance with Article 22, the infrastructure manager shall establish a capacity-enhancement plan.

RemovedArticle 23 – paragraph 1 – subparagraph 2 – point d: (d) the options and costs for capacity enhancement, including measures described in Article 22 (2) and likely changes to access charges.

RemovedArticle 23 – paragraph 3 – subparagraph 2 a (new): On the basis of a capacity analysis, the Member State shall construct or upgrade the infrastructure needed.

RemovedArticle 25 – paragraph 2 – subparagraph 1: When partitioning infrastructure capacity declared to be congested pursuant to paragraph 1, the infrastructure manager shall act in accordance with Article 8.

RemovedArticle 25 – paragraph 2 – subparagraph 1 a (new): By ... [24 months of the entry into force of this Regulation], where partitioning infrastructure capacity was declared to be highly utilised pursuant to paragraph 1 of this Article, the infrastructure manager shall act in accordance with Article 8.

RemovedArticle 25 – paragraph 2 – subparagraph 2: The infrastructure manager shall take into account the need for capacity for multi-network rail services, especially international rail freight services.

RemovedArticle 27 – paragraph 2 – subparagraph 1: Applicants shall request multi-network capacity rights, and shall receive answers to such requests, in a single place and in a single operation as provided for in paragraph 4 of this Article. Infrastructure managers shall cooperate in the allocation of capacity for multi-network rail services, including in particular international rail freight services and international rail passenger services.

RemovedArticle 27 – paragraph 3: 3. Infrastructure managers shall respect the commercial confidentiality of information provided to them, especially in the case of vertically integrated railway companies. Information such as the specific line subject to the request, their number, or their frequency shall be considered as confidential.

RemovedArticle 27 – paragraph 4 – subparagraph 2: For multi-network capacity rights, ENIM shall, upon approval of compliance with TSIs by ERA and by ... [12 months from the date of entry into force of this Regulation], establish a one-stop-shop in a single interface or a common system developed in accordance with Article 62. Infrastructure managers shall use that single interface to manage capacity allocation in a single place and operation. Connected or grouped rail services shall have one infrastructure manager as the single point of contact. Such connected or grouped rail services shall be declared in the capacity request.

RemovedArticle 27 – paragraph 6 – subparagraph 1: The infrastructure manager shall cancel a capacity right which, over a period of at least one month, has been used less than a threshold quota, to be laid down in the network statement, unless this was due to non-economic reasons beyond the applicant's control. ENIM shall consult with ERP to define ranges for the threshold quota and include them in the European framework for capacity management referred to in Article 6.

RemovedArticle 27 – paragraph 7: 7. Where the infrastructure manager cancels, in accordance with paragraph 6, multi-network capacity rights, it shall inform the regulatory body responsible for that infrastructure manager. That regulatory body shall inform the relevant regulatory bodies and the ENRRB.

RemovedArticle 27 – paragraph 7 a (new): 7 a. The infrastructure manager shall be allowed to use, where relevant, specific timetabling approaches. If the infrastructure manager decides to pre-plan capacity by using systematic train paths with cross-border relevance, the infrastructure manager shall coordinate with neighbouring infrastructure managers and other concerned infrastructure managers concerned to find mutually agreed solutions for cross-border traffic. Regardless of the national choice Member States follow for their timetabling, infrastructure managers shall ensure a balanced, fair and non-discriminatory allocation of train paths. As regards the compensation for changes to capacity rights referred to in Article 40 that also involve systematic train paths, its value shall be set at least 1, 25 times the value defined for non-systematic train paths according to the process laid out in Article 40.

RemovedArticle 27 – paragraph 7 b (new): 7 b. 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, in which it may recommend to the infrastructure manager to amend the capacity model.

RemovedArticle 28 – paragraph 2 – subparagraph 1 – point a: (a) the appointment of a one-stop shop, as referred to in Article 27(4), in charge of communication with the applicant in relation to each request for multi-network capacity right, which shall be notified to the applicant without delay after receipt of the request. This shall also apply in the case of cross-border train pairs which are international train services to and from a destination in another Member State;

RemovedArticle 28 – paragraph 5: 5. By ... [24 months of the entry into force of this Regulation] and in consultation with ERP, ENIM shall define the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b) and include them in the European framework for capacity management referred to in Article 6.

RemovedArticle 28 – paragraph 5 a (new): 5 a. The Commission shall, by ... [24 months of the entry into force of this Regulation], adopt implementing acts to set out the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b) and to amend paragraph 5 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.

RemovedArticle 29 – paragraph 1: 1. Operators of service facilities that provide indicative information on available service facility capacity in accordance with Article 6(3) of Commission Implementing Regulation (EU) 2017/217722 shall cooperate with infrastructure managers for the purpose of the latter offering train paths that include service facility capacity. Other operators of service facilities may enter into an agreement with infrastructure managers for the joint provision of capacity.

RemovedArticle 29 – paragraph 3: 3. Infrastructure managers shall ensure that applicants can request in one place established in accordance with Article 27( 4), the operation capacity rights on railway infrastructure and in the service facilities referred to in paragraph 1.

RemovedArticle 29 – paragraph 4: 4. For the purpose of paragraph 3, infrastructure managers and operators of service facilities operators shall coordinate the capacity and shall provide capacity rights including capacity in the service facility that meets the requirements of the applicant or shall make an effort to provide a viable alternative.

RemovedArticle 29 – paragraph 5: 5. The operators of impacted service facilities referred to in paragraph 1 shall make available information, in real time, about the available capacity to the infrastructure manager in a digital format in accordance with Article 62.

RemovedArticle 29 – paragraph 5 a (new): 5 a. When requesting capacity rights to access a service facility, applicants shall document the agreement of the service facility owner to accommodate their vehicles.

RemovedArticle 29 – paragraph 6: 6. For the purpose of this Article and in accordance with Article 62, ENIM shall, upon approval by ERA and by ... [24 months of the entry into force of this Regulation], provide guidelines on the functional and technical requirements for the exchange of information between the operators of service facilities and infrastructure managers. Without prejudice to Article 2 of Implementing Regulation (EU) 2017/2177, operators of service facilities may request to be exempted from the application of this Article. Such requests shall be submitted to the regulatory body and be duly substantiated. Regulatory bodies may decide to extend an exemption in duly justified cases.

RemovedArticle 29 – paragraph 7: 7. The ENRRB shall monitor the application of paragraph 6 and shall provide recommendations on the criteria to be used in assessing the requests for exemptions.

RemovedArticle 29 – paragraph 7 a (new): 7 a. 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, and were therefore refused. On the basis of this information, the regulatory body shall issue an opinion at least every two years, in which it may recommend to the infrastructure manager to amend the capacity model.

RemovedArticle 29 – paragraph 7 b (new): 7 b. The Commission shall adopt, by ... [24 months of the entry into force of this Regulation], implementing acts to set out details on the functional and technical requirements for the exchange of information between the operators of rail facilities and infrastructure managers for the purposes of this Article and to amend paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3).

RemovedArticle 30 – paragraph 2: 2. Infrastructure managers shall at regular intervals update the working timetable until the end of the working timetable period, taking into account capacity allocated through the rolling planning process referred to in Article 33, capacity allocated through the ad hoc process referred to in Article 34, changes to capacity rights in accordance with Article 39 and rescheduling in the context of disruption management and crisis management in accordance with Article 41.

RemovedArticle 31 – paragraph 1 – subparagraph 3 a (new): Framework agreements shall be notified to the regulatory body and shall be approved by it. In the case of multi-network framework agreements, the approval shall take into account the opinion of the ENRRB.

RemovedArticle 31 – paragraph 3: 3. Infrastructure managers shall conclude framework agreements only where the capacity right requested is consistent with the planning documents of the strategic capacity planning referred to in Article 11(2). Infrastructure managers, after consultation with the neighbouring networks, shall indicate the capacity that they plan to reserve for allocation through framework agreements in these planning documents.

RemovedArticle 31 – paragraph 4: 4. Framework agreements shall not be such as to preclude the use of the relevant infrastructure by other applicants or services. For this purpose, infrastructure managers shall, after consultation with the regulatory body, set the maximum shares of total capacity that can be allocated through framework agreements and include these in the network statement. Infrastructure managers of neighbouring countries who have concluded cross-border framework agreements shall align these maximum shares of total capacity and make them as consistent as possible.

RemovedArticle 31 – paragraph 7: 7. 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 section 5 of Annex I shall be justified by the requirement of dedicated investments by new entrants or by the substantial novelty of the service.

RemovedArticle 31 – paragraph 11: 11. Based on the experience of regulatory bodies, competent authorities and railway undertakings and based on the activities of the ENRRB, the Commission shall, by... [24 months of the entry into force of this Regulation], adopt an implementing act to 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).

RemovedArticle 32 – paragraph 3: 3. 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 conflict resolution mechanism referred to in Article 36.

RemovedArticle 32 – paragraph 5 – subparagraph 1: 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, provided operational stakeholders had been duly consulted and their announcements of capacity had been taken into account to the utmost extent.

RemovedArticle 32 – paragraph 5 – subparagraph 2: When 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.

RemovedArticle 32 – paragraph 5 – subparagraph 3: When processing 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.

RemovedArticle 32 – paragraph 8: 8. The infrastructure manager shall consider requests submitted after the initial deadline and prior to the final deadline set out in section 4 of Annex I. In such cases, the infrastructure managers shall allocate capacity rights in accordance with section 4, point 2 of Annex I.

RemovedArticle 33 – paragraph 1: 1. Infrastructure managers shall allocate capacity through the rolling planning process in accordance with the deadlines set out in section 6 of Annex I. Infrastructure managers shall reserve capacity for this purpose in the capacity supply plan referred to in Article 18.

RemovedArticle 33 – paragraph 2 – subparagraph 1 – point b: (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 section 6 of Annex I.

RemovedArticle 33 – paragraph 3: 3. 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 6, point 2 of Annex I.

RemovedArticle 33 – paragraph 4: 4. In accordance with the rules and procedures set out in Article 20, infrastructure managers shall 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. If 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.

RemovedArticle 33 – paragraph 5: 5. Delete

RemovedArticle 36 – paragraph 8: 8. By ... [24 months of the entry into force of this Regulation] and after following consultation with ERP, ENIM shall prepare guidelines for the consensual conflict resolution mechanism for multi-network capacity requests and include them in the European framework for capacity management referred to in Article 6.

RemovedArticle 36 – paragraph 8 a (new): 8 a. The Commission shall, by [24 months after the entry into force of this Regulation], adopt an implementing act to set out the details of the procedure and criteria to be followed for the consensual conflict resolution mechanism for multi-network capacity requests and to amend paragraph 8 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.

RemovedArticle 37 – paragraph 2: 2. In the context of the formal conflict resolution mechanism, requests for multi-network capacity rights shall be taken into consideration in their entirety. If, in accordance with Article 8(6), different national parameters apply, those parameters shall be used for the respective sections.

RemovedArticle 37 – paragraph 3 a (new): 3 a. In this respect, the ENRRB shall compile guidelines to facilitate the harmonised application of Article 3.

RemovedArticle 39 – paragraph 4 a (new): 4 a. In the cases where capacity is reserved but not used, a compensation payment shall apply in accordance to Article 40.

RemovedArticle 39 – paragraph 7 – subparagraph 2: The infrastructure manager shall offer alternative capacity rights to the applicant within the deadlines set out in section 8 of Annex I. Where no alternative offer is feasible in accordance with Article 32(5) and Article 33 (4), the infrastructure manager(s) shall provide the applicant with relevant information enabling the applicant to place a new request for infrastructure capacity. Where relevant, that information shall make reference to the capacity supply plan referred to in Article 18 and the contingency planning referred to in Article 19.

RemovedArticle 39 – paragraph 8 – subparagraph 1: By ... [12 months of the entry into force of this Regulation], ENIM shall prepare and adopt harmonised procedures to manage changes to capacity rights after allocation and include them in the European framework for capacity management referred to in Article 6.

RemovedArticle 39 – paragraph 8 a (new): 8 a. The Commission shall be empowered to adopt, delegated acts in accordance with Article 71 to set out rules and procedures to manage changes to capacity rights after allocation and to amend paragraph 8 of this Article. Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation]. They shall be included in the European framework for capacity management.

RemovedArticle 40 – paragraph 3: 3. Following a consultation of the ENRRB and ERP, ENIM shall, by [12 months of the entry into force of this Regulation], define harmonised conditions giving rise to compensation. Those conditions shall take into account the rules set out in Article 39(4) and (8). ENIM shall include these conditions in the European framework for capacity management referred to in Article 6. The ENRRB shall publish an opinion on the conditions defined by ENIM.

RemovedArticle 40 – paragraph 6: 6. Regulatory bodies shall decide on disputes related to the reason for the change to a capacity right or delays in the payment of the compensation and shall take a decision without delay and within one month of collecting all the necessary information to assess the cause of the change. Regulatory bodies shall inform and may consult the ENRRB on such decisions. The ENRRB shall ensure that such decisions are coherent and based on commonly recognized principles.

RemovedArticle 40 – paragraph 7: 7. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out the conditions giving rise to the payment of compensations, the categorisation of changes to capacity rights and the methodologies to set the levels of compensation and to amend paragraph 2 of this Article. Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation]. They shall be included in the European framework for capacity management.

RemovedArticle 41 – paragraph 2 – subparagraph 1: By... [12 months of the entry into force of this Regulation], ENIM shall develop and adopt guidelines for managing and allocating infrastructure capacity in the event of a network disruption in a transparent and non-discriminatory way. In particular, ENIM shall provide guidelines on the application of the simultaneous capacity allocation process and the first come, first served principle.

RemovedArticle 41 – paragraph 2 – subparagraph 2: Where the simultaneous allocation process applies, ENIM shall provide guidelines on the procedures to be applied, involving as appropriate the application of the consensual conflict resolution mechanism referred to in Article 36 and of the formal conflict resolution mechanism referred to in Article 37. ENIM shall include those guidelines in the European framework for capacity management referred to in Article 6.

RemovedArticle 41 – paragraph 3: 3. When rescheduling, infrastructure managers shall not unilaterally change or cancel existing capacity rights for the purpose of managing disruptions. However, based on the experience of regulatory bodies, infrastructure managers and railway undertakings and on the activities of ENIM and the ENRRB, the Commission shall be empowered to adopt a delegated act in accordance with Article 71 to set out the criteria and procedures for rescheduling, including unilateral changes to allocated capacity rights by infrastructure managers for the purpose of managing network disruptions and to amend paragraph 2 of this Article. Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation]. They shall be included in the European framework for capacity management.

RemovedArticle 42 – paragraph 2 a (new): 2 a. Infrastructure managers shall publish and make freely accessible the special rules and procedures referred to in paragraph 2. They shall notify them to the Commission.

RemovedArticle 43 – paragraph 1: 1. By ... [18 months of the entry into force of this Regulation], infrastructure managers shall put in place rules and procedures to manage deviations of train movements from the working timetable. Those rules and procedures shall be published in the network statement referred to in Article 27 of Directive 2012/34/EU and shall cover traffic management in the situations set out in Article 42(1), points (a), (b) and (c) of this Regulation.

RemovedArticle 43 – paragraph 2: 2. The rules and procedures referred to in paragraph 1 shall aim at minimising the overall impact of deviations from the timetable on rail traffic, taking into account the needs of all types of transport. The rules and procedures may involve priority rules for the management between the different types of traffic and the specific procedures, criteria and targets to be applied in an optimisation-based approach that relies on the optimisation of a target function, such as the minimization of the delay minutes or of the time to return to normal operations, rather than explicit priority rules.

RemovedArticle 43 – paragraph 3: 3. In the event of a disruption to train movements caused by technical failure or accident, the infrastructure manager shall, without delay, take all necessary steps to restore the situation to normal. To that end, it shall implement a contingency plan in accordance with Article 19. In the event of a disturbance which has a potential impact on cross-border traffic, the infrastructure managers concerned shall cooperate with each other to restore the cross-border traffic to normal in accordance with the European framework for the coordination of traffic, disruption and crisis management referred to in Article 44.

RemovedArticle 43 – paragraph 4 a (new): 4 a. Deviations shall only be allowed in duly justified cases and shall be approved by the national regulatory body.

RemovedArticle 43 – paragraph 5 – subparagraph 1: In cases of force majeure, and, where absolutely necessary, on account of an incident making the infrastructure temporarily unusable, allocated capacity rights may be withdrawn without warning for as long as is necessary to repair the system whilst at the same time making the utmost efforts to provide possible alternatives.

RemovedArticle 43 – paragraph 5 a (new): 5 a. In the case of a capacity withdrawal, infrastructure managers shall inform railway undertakings timely on their time management, on progress of repairs and on possible alternatives to their allocated capacity.

RemovedArticle 43 – paragraph 6 a (new): 6 a. The Commission shall adopt, by [24 months of the entry into force of this Regulation], implementing acts to set out rules and procedures to manage deviations of train movements from the working timetable and amend paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3).

RemovedArticle 44 – paragraph 1 – subparagraph 2: ENIM shall develop the European framework for the coordination of cross-border traffic management, disruption management and crisis management in cooperation with operational stakeholders and interested parties through the consultation process referred to in Article 54, taking into account the work of the Europe’s Rail Joint Undertaking established in Title IV of Regulation (EU) 2021/2085.

RemovedArticle 44 – paragraph 2: 2. The European framework for the coordination of cross-border traffic management, disruption management and crisis management shall provide guidelines for the coordination between infrastructure managers, railway undertakings and other operational stakeholders, including ENRRB.

RemovedArticle 44 – paragraph 3 a (new): 3 a. Taking into account the framework adopted by ENIM in accordance with paragraph 1, the Commission shall be empowered , to adopt delegated acts in accordance with Article 71 to set out the details for the coordination of cross-border traffic management, disruption management and crisis management and to amend paragraph 2 of this Article. Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation]..

RemovedArticle 46 – paragraph 2: 2. Where the incident has, or is likely to have, impacts on more than one network, the manager of the infrastructure in which the incident took place shall declare a multi-network disruption and coordinate actions in accordance with Articles 44, 45 and 53.

RemovedArticle 46 – paragraph 3: 3. ENIM shall define a harmonised method to estimate the likely duration and impact of network disruptions and include it in the European framework for the coordination of traffic, disruption management and crisis management referred to in Article 44.

RemovedArticle 46 – paragraph 4 a (new): 4 a. In the case of a partial or total interruption of services caused by disruption of train operation due to a technical failure, incident or an accident on a cross-border line that lasts longer than 15 days, the impacted infrastructure managers shall, within 30 days of the occurrence, prepare an incident report. The incident report shall include at least: / a) information on all operational measures undertaken to ensure alternative routes; / b) information on all actions undertaken to restore regular services on the interrupted line. / The report shall be made publicly available and shall be regularly updated until the interruption is lifted. / ERA may issue recommendations on improved measures to address the disruption and the traffic capacity restrictions caused by the accident.

RemovedArticle 47 – paragraph 1 – subparagraph 2: The Member State concerned shall ensure that the emergency measures follow to the extent possible the principles on capacity and traffic management set out in this Regulation and that they make use of existing plans prepared in accordance with Article 19. It shall coordinate such emergency measures with other Member States.

RemovedArticle 49 – paragraph 1: 1. 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 Union and infrastructure managers performance targets. ENIM shall periodically inform the Performance Review Body and the Commission.

RemovedArticle 49 – paragraph 2: 2. For this purpose, infrastructure managers shall lay 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.

RemovedArticle 50 – paragraph 1: 1. ERA, with the support of ENIM shall set up and implement by [12 months of 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 19 of Regulation (EU) 2024/... [the new TEN-T Regulation ].

RemovedArticle 50 – paragraph 1 a (new): 1 a. The ENRRB shall adopt a recommendation on the European framework for the review of performance by [six months of 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.

RemovedArticle 50 – paragraph 5: 5. The Commission shall, by [24 months of the entry into force of this Regulation], adopt implementing acts to set out uniform conditions for the application of the elements referred to in paragraph 2 of this Article by ... [36 months of 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 consult ENIM, ERP, ENRRB, the Performance Review Body, ERA and the Europe’s Rail Joint Undertaking.

RemovedArticle 51 – paragraph 1: 1. Without prejudice to Article 15 of Directive 2012/34/EU and Article 3 of Commission Implementing Regulation (EU) 2015/110023, ENIM shall prepare and publish by [24 months of 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 update 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.

RemovedArticle 51 – paragraph 2: 2. The Performance Review Body shall elaborate 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, including measures to improve performance, shall be included within the next upcoming programme in accordance with Article 55 (8).

RemovedArticle 51 – paragraph 3: 3. The European performance review report shall cover at least the lines included in the Single European Railway Area and shall include the information required by Article 54(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.

RemovedArticle 51 – paragraph 4: 4. 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.

RemovedArticle 51 – paragraph 4 a (new): 4 a. 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.

RemovedArticle 52 – paragraph 1: 1. By... [six months of the entry into force of this Regulation], 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. / The 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 after the entry into force of this Regulation]. / When 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.

RemovedArticle 52 – paragraph 2: 2. 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.

RemovedArticle 52 – paragraph 3 – point a: (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;

RemovedArticle 52 – paragraph 3 – point b: (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;

RemovedArticle 52 – paragraph 3 – point c: (c) reviewing the results of the draft European performance review report and, preparing the report referred to in Article 51(2);

RemovedArticle 52 – paragraph 5: 5. 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 and make the utmost effort to take into account its recommendations in their work on rail performance management.

RemovedArticle 53 – paragraph 3 – subparagraph 1: Coordination shall particularly 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].

RemovedArticle 53 – paragraph 3 – subparagraph 2 a (new): The Member States and the public service authorities can extend the cover to other lines.

RemovedArticle 54 – paragraph 1: 1. ENIM shall, by ... [12 months of 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 mechanism shall be developed and implemented with the support of the Network Coordinator and with the involvement of the focal points designated by infrastructure managers referred to in Article 60.

RemovedArticle 54 – paragraph 2: 2. 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.

RemovedArticle 54 – paragraph 3: 3. 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.

RemovedArticle 54 – paragraph 3 a (new): 3 a. 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.

RemovedArticle 54 – paragraph 3 b (new): 3 b. The Commission shall adopt, by ... [24 months of 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.

RemovedArticle 55 – paragraph 2: 2. All rail infrastructure managers of the Single European Rail Area shall be members of ENIM. They shall appoint a representative and an alternate

RemovedArticle 55 – paragraph 7: 7. The Commission and ERA shall be a non-voting member of ENIM. They shall support the work of ENIM and facilitate coordination.

RemovedArticle 55 – paragraph 8: 8. 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 55 a, 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

RemovedArticle 55 – paragraph 8 a (new): 8 a. In the development of the European frameworks for capacity management, traffic management, and performance management, ENIM shall consult with ERP.

RemovedArticle 55 – paragraph 8 b (new): 8 b. 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.

RemovedArticle 55 a (new): Article 55a / European Railway Platform / 1. The European Railway Platform (ERP) is hereby established as a consultative body to ENIM. / 2. 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. / 3. 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. / 4. 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. / 5. ENIM shall consult ERP before preparing and adopting European frameworks for capacity mana…

RemovedArticle 57 – paragraph 2: 2. 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].

RemovedArticle 57 a (new): Article 57a / Responsibilities of ERA / 1. 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: / (a) provide support, upon request from the Commission in preparing the specific implementing and delegated acts foreseen by this Regulation; / (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; / (c) fulfil the tasks as set out in Article 50 of this Regulation; / (d) provide, on request, support to the regulatory bodies in identifying rules, procedures and tools within the scope of this Regulation; / (e) identify obstacles for multi-network rail services; / 2. In its work, the Agency shall: / a) draw up its recommendations based on the work of ENIM and the network coordinator; / b) where appropriate, take account of technical progress and acknowledged research work; / c) take account of the estimated costs and benefits of its recommendations and underline the most viable solutions; / d) fulfil the criteria of openness, consensus and transparency as defined in Annex II to Regulation (EU) No 1025/2012. / 3. 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.

RemovedArticle 58 – paragraph 1 – subparagraph 1: The infrastructure managers shall provide ENIM with the necessary resources to perform its tasks. For this purpose, the Commission shall, after consultation with Member States and ENIM, appoint by [six months of 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.

RemovedArticle 58 – paragraph 2: 2. 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.

RemovedArticle 59 – paragraph 1 – point g a (new): (ga) provide existing and new shared B2B-services to Infrastructure Mangers and Railway Undertakings to improve rail services and boost trans-European rail traffic.

RemovedIf the Network Coordinator would develop and provide shared services for European infrastructure managers (IMs), especially for smaller IMs, it could avoid isolated national solutions, save costs and scale services across Europe.

RemovedArticle 61 – paragraph 1: 1. ENIM shall, by [12 months after 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.

RemovedArticle 62 – paragraph 2 – point b: (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;

RemovedArticle 62 – paragraph 2 – subparagraph 1 (new): Where 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.

RemovedArticle 62 – paragraph 2 a (new): 2 a. 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.

RemovedArticle 62 – paragraph 3: 3. Where the digital tools or 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.

RemovedArticle 62 – paragraph 5 a (new): 5 a. 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: / (a) a European digital system for the capacity management processes set out in Chapter II of this Regulation, consisting of: / (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; / (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; / (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; / (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; / (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 ; / (b) a European digital system as a support of the European traffic management network concept, for the …

RemovedArticle 62 – paragraph 5 b (new): 5 b. ERA shall coordinate these tasks. / The central tools of the European digital capacity and traffic management systems shall be operated by the Network Coordinator. / ERA shall ensure compliance of digital systems developed by the sector with the technical standards for interoperability.

RemovedArticle 62 – paragraph 5 c (new): 5 c. 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.

RemovedArticle 63 – paragraph 1: 1. 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.

RemovedArticle 63 – paragraph 1 a (new): 1 a. 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.

RemovedArticle 63 – paragraph 2: 2. A railway undertaking, other 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.

RemovedArticle 64 – paragraph 1 – subparagraph 1: 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.

RemovedArticle 64 – paragraph 5: 5. 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.

RemovedArticle 64 – paragraph 8 a (new): 8 a. 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.

RemovedArticle 65 – paragraph 2 a (new): 2 a. 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.

RemovedArticle 65 – paragraph 3: 3. Deleted

RemovedArticle 65 – paragraph 5 a (new): 5 a. The ENRRB shall provide recommendations to the 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;

RemovedArticle 65 – paragraph 6 a (new): 6 a. ENRRB shall assess the European frameworks for capacity managements, traffic management and performance review as well as the network statement common structure and issue an opinion. Regulatory bodies shall take utmost account of the opinion of ENRRB in checking network statements.

RemovedArticle 66 – paragraph 2 a (new): ENRRB shall ensure that its methods of operation and all relevant information about its work are made publicly available on a common website. It shall include contact details for complaints, contact information for dedicated working groups, and information about procedures.

RemovedArticle 66 – paragraph 2 b (new): ENRRB shall publish its opinions and recommendations on a dedicated website.

RemovedArticle 67 – paragraph 1: 1. The Board of Regulatory Bodies shall be composed of one voting member from each Member State that has a rail network in use and one member appointed by the Commission. ERA shall be an observer with no voting rights.

RemovedArticle 68 – paragraph 2 – point a a (new): (a a) adopt opinions and recommendations on decisions taken by ENIM working in cooperation with the network coordinator within the scope of this regulation

RemovedArticle 68 – paragraph 2 – point a b (new): (a b) following complaints from railway undertakings, operators of service facilities and other interested parties, adopt recommendations and opinions of the ENRRB in relation to the consultations referred to in Article 55 a, as well as to the decisions taken by ENIM working in cooperation with the network coordinator.

RemovedArticle 68 – paragraph 2 – point c a (new): (c a) draft and adopt a recommendation to the ENIM as regards the establishment and review of the European framework for performance review.

RemovedArticle 69 – paragraph 1 a (new): 1 a. The Board shall meet in regular intervals. It shall elect a Chair from among its members with a two-thirds majority of its members and shall serve a term of one year.

RemovedArticle 69 – paragraph 2: 2. The Commission shall attend, support and facilitate coordination during the meetings of the Board. It shall have no voting right.

RemovedArticle 70 – paragraph 3: 3. The working groups shall be open, upon invitation, to the participation of experts from rail regulatory bodies, the Commission, ERA, and, where relevant, from operational stakeholders andfrom other public or private bodies.

RemovedArticle 70 – paragraph 5: 5. The Board or the Chairs of the working groups may invite experts from rail regulatory bodies, the Commission, ERA, operational stakeholders and - where relevant - from other public or private bodies as well as individual experts recognised as competent in the relevant field to participate in the working group meetings if necessary on a case-by-case basis.

RemovedArticle 71 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 6(4a), Article 8(7), Article 10(8), Article 11(2) and (4a), Article 12(9a), Article 18(10a), Article 19(5), Article 20(4a), Article 21(9), Article 38(3), Article 39 (8a) and (9), Article 40(7), Article 41 (3), Article 44(3a), Article 46(6), Article 48(3) Article 52 (1), Article 53(5) and Article 62(5a), and shall be conferred on the Commission for a period of five years from [1 January 2026]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

RemovedArticle 74 – paragraph 1 – point c: (c) In Article 3, points (20), (22), (23), (27) and (28) are deleted;

RemovedArticle 74 a (new): Article 74a Amendments to Regulation (EU) 2016/796 / 1. Regulation (EU) 2016/796 is amended as follows: / a) In Article 19 (1), the following point is 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] .

RemovedArticle 74 b (new): Article 74b Amendments to Directive (EU) 2016/797 / 1. Directive (EU) 2016/797 is amended as follows: / (a) In point 2 of Annex II, the following point is 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]

RemovedArticle 75 – paragraph 1: 1. 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.

RemovedArticle 77 – paragraph 2 – subparagraph 1 – point a: (a) Articles 1, 2 and 3, Chapter II, with the exception of Article 9(1) and (2) and Articles 26, 27, 28, 31, 39 and 50, and Chapter III, with the exception of Article 48, shall apply only to activities and tasks carried out in relation to the working timetables entering into force after 8 December 2027;

RemovedArticle 77 – paragraph 2 – subparagraph 1 – point b: (b) Article 9(1) and (2) shall apply from 1 January 2027;

RemovedArticle 77 – paragraph 2 – subparagraph 1 – point c a (new): (c a) Article 35 shall apply from1 December 2028;

RemovedArticle 77 – paragraph 2 – subparagraph 1 – point c b (new): (c b) Article 40 shall apply from 1 December 2027;

RemovedArticle 77 – paragraph 2 – subparagraph 1 – point e: (e) Article 74 shall apply from 9 December 2027.

RemovedAnnex I – point 3 – point 1: 1. 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.

RemovedThis provision was transferred from Annex VII of directive 2012/34, which was already very ambitious. Annex VII of directive 2012/34 included the wording as far as they are known regarding the requirement to publish all capacity restrictions. A further tightening of the requirements by not transferring the wording “as far as they are known” to this Regulation does not add any benefits for applicants, as European Infrastructure Managers have to be able to meet the already ambitious requirements.

RemovedAnnex I – point 3 – point 7: 7. 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 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.

RemovedThe shortening of the consultation of draft capacity offers from 1 month to 2 weeks cannot be done within the current level of digitalisation and restriction planning; it is currently not possible to process the observations in 2 weeks. We would therefore like to clarify that all prerequisites must be met before shortening this period.

RemovedAnnex IV – paragraph 1 – point 2 – point a: (a) the procedures according to which applicants are consulted (see Article 55 a new on EOSP) on strategic capacity planning;

RemovedBoth the European Green Deal and the Sustainable smart mobility strategy highlighted the urgent need for decarbonising the European transport sector. As one of the most efficient forms of both passenger and freight transport, railway plays a vital role in these efforts. It is therefore key to use the existing infrastucture in the most efficient way and try to reap the best possible capacity gains of up to 4% as the Commission estimates in her impact assessment. The proposal of the Commission is very welcome in this regard.

RemovedToday, problems of congestion of rail tracks, poor punctuality, missed transfers and speed are endemic. The proposed legislation will allow for more optimal use of the rail tracks and increase punctuality and reliability. The provision of more flexibility for last minute path allocation should attract more freight to rail. At the same time, passengers are expected to benefit from reliable long-term planning and earlier bookings of capacity, hence using the overall network capacity in a more optimal way.

RemovedIt is welcomed that the Commission has opted to take as a basis for her own proposals the rail sector’s own initiative, the Timetable Redesign Project (TTR), which has already proved to be of great value and is carried by European entities, including RNE. It is also positive that the Commission tries to give more flexibility to freight services by introducing a rolling timetable, which this report introduces a definition to. The introduction of a more flexible approach to capacity allocation will enable more ad-hoc paths and ensure that no paths are held without being used. Still, the balance between passenger and freight transport remains a delicate balance on a mixed network that will have to be addressed by this Regulation.

RemovedThis report is reinforcing the Commission’s stance in that it reinforces the infrastructure managers obligation to offer alternatives wherever possible, including cross-networks in order to accomodate capacity applicants. Also, the Commission’s approach is reinforced by the possibility for clock face timetabling that some Member States have opted to introduce by strengthening the notion of pre-allocated and systemic train paths. Furthermore, the notion of ‘force majeure’ has been tightened to avoid over-use. Clear rules under which circumstances infrastructure managers can cancel capacity without compensation are outlined in the text.

RemovedThe report agrees with Commission on the inclusion of socioeconomic and environmental criteria to help in conflict situations. The sector highlights difficulties, that the report addresses by tasking the Commission with the development of a delegated act. There are countries, foremost Sweden, who have already introduced such criteria, so experience is already being made. This report widenes the application of the criteria to also be applied in the planning phases to involve socioeconomic and environmental concerns into the use of the infrastructure from start.

RemovedThe report also introduces a definition of ‘railway infrastructure capacity’ and points to the fact that capacity can be influenced by many more aspects than just efficient capacity allocation. There are a number of important issues for both Commission, Member states and the sector’s companies to focus on to help increase capacity further. The rail capacity regulation alone is not sufficient to address EU’s ambitious goals.

RemovedThe overall Europeanisation of systems and procedures is introduced and endorsed throughout the text, to ensure the inclusion of multi-modal solutions, multi-country rerouting and making long-distance multi-network applications easier. The creation of a European Rail International Capacity Allocation body (ERICA) in Article 57a is meant to reinforce this notion.

RemovedStable and reliable infrastructure financing for maintenance, renewal and new construction is highlighted, as well as the need to identify infrastructure enhancements needs on a multi-network level. Stable infrastructure financing is a key condition for capacity allocation. The report insists that planning of construction and maintenance as well as a steady committment to financing them is needed, whilst also ensuring bottom up information, asking that capacity analysis is used in decisions where to construct, maintain or upgrade needed infrastructure.

RemovedFurthermore, the position of European Network of Infrastructure Managers (ENIM) is adjusted in the report, obliging the ENIM to set up and consult with the European Operational Stakeholder Platform (EOSP), and including other stakeholders too that are listed in the new Article 55a. Another important aspect is that the report does not agree with Commission tasking ENIM to set up their own goals, processes and oversight. It therefore transfers performance review of ENIM to ENRRB and also introduces consultative bodies to ENIM that group operational stakeholders, other applicants, service facilities, terminals and other stakeholders that mutually benefit from their early and continuous involvement in the capacity development and allocation.

RemovedAs far as the timing is concerned we want to be more ambitious than the Commission. Since the sector has already started to implement some of the planning processes under the TTR project, we consider it feasible to start implementing the regulation in slightly more ambitious steps. A swift implementation of the Regulation will be key to ensure that we can reap the benefits of the proposed legislation in line with the goals set out in the Sustainable and Smart Mobility Strategy.

RemovedFinally, the report provides for proper secondary legislation by ensuring that the correct references to Implementing and Delegated acts are made.

RemovedThe rapporteur thanks all those that helped in providing input to this report and looks forward to fruitful debates on taking the legislation further.