Changes from adopted text to adopted text

Removed4a. 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:

Removed(a) information on all operational measures undertaken to ensure alternative routes;

Removed(b) information on all actions undertaken to restore regular services on the interrupted line.

RemovedThe report shall be made publicly available and shall be regularly updated until the interruption is lifted.

RemovedERA may issue recommendations on improved measures to address the disruption and the traffic capacity restrictions caused by the accident. [Am. 180]

Removed5. The Network Coordinator shall collect information on network disruptions, analyse the response, draw conclusions on the effectiveness of the management of such incidents and consult operational stakeholders in accordance with Article 54 and report to ENIM and the Performance Review Body.

Removed6. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend Annex VI with a view to ensure an effective and efficient management of network disruptions, taking into account planning, operational, technical and commercial considerations of the stakeholders concerned.

RemovedArticle 47 Crisis situations

Removed1. In cases of crises related to public safety, health epidemics, natural disasters, environmental, defence and security crises, that have or are expected to have a critical effect on the supply or demand of rail transport services, Member States shall be allowed to apply emergency measures that include, by way of derogation from the rules of this Regulation:

Removed(a) the cancellation of capacity rights without compensation;

Removed(b) alternative principles, rules and procedures for capacity management, in particular for the allocation of scarce infrastructure capacity;

Removed(c) alternative procedures for traffic management;

Removed(d) the use of alternative routes;

Removed(e) the amendment of capacity supply plans.

RemovedThe 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. TheyIt shall coordinate such emergency measures with other Member States. [Am. 181]

Removed2. The Member State concerned shall inform the Commission and ENIM without delay of its decision to apply emergency measures and shall provide a justification and a description of those measures and the expected duration of their application. If applicable, the Member States shall also notify the Commission and the central liaison offices as foreseen under Article 8 of the [Regulation on a Single Market Emergency Instrument].

Removed3. The infrastructure manager shall appoint a focal point in the meaning of Article 60, which shall provide information to the Commission, ENIM, other infrastructure managers and other interested parties about the emergency measures and shall help coordinate such measures.

Removed4. Where emergency measures have a significant impact on cross-border traffic, infrastructure managers shall coordinate between themselves in accordance with Articles 53 and 54. When performing coordination through dedicated coordination structures in accordance with Article 53, paragraph 2, point (a), the Commission and the Member States concerned shall be involved.

Removed5. At the request of the Commission, regulatory bodies and the ENRRB shall provide their opinion on the emergency measures to the Commission within the deadline set by the latter. The Commission may adopt decisions requiring a Member State to repeal the emergency measures, if they are deemed not to be necessary.

Removed6. Member States shall provide updated information where necessary or upon the request of the Commission. Member States shall provide all the information required by the Commission about the emergency measures within the deadlines set by the latter.

Removed7. Public authorities in charge of managing crisis situations, including the military, civil protection agencies, and others, may organise exercises simulating crisis situations falling within the scope of this Article. In such cases, the infrastructure manager shall allocate capacity as needed, including the cancellation of allocated capacity rights if necessary. The public authorities concerned shall compensate the applicants concerned in accordance with Article 40.

RemovedArticle 48 Exchange of information on traffic management

Removed1. All operational stakeholders directly involved in the operation of a rail transport service shall have the right of access to the information concerning this rail transport service set out in Annex VIII.

RemovedThe parties concerned may only use this information for the purposes of this Regulation and for the purposes of Directive (EU) 2016/797 and implementing acts adopted under that Directive, unless specified otherwise in contractual agreements.

Removed2. The information shall be made accessible in accordance with Article 62.

Removed3. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend Annex VIII with a view to ensure that it reflects any changes to the technical specifications for interoperability laid down in the relevant implementing acts that are adopted in accordance with Directive (EU) 2016/797 and taking into account planning, operational, technical and commercial considerations of the stakeholders concerned.

RemovedCHAPTER IV PERFORMANCE REVIEW

RemovedArticle 49 General principles for performance review

Removed1. 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 general objectives set out in Article 2 of this Regulation. RailUnion and infrastructure managers performance targets. ENIM shall also monitorperiodically inform the Performance of rail transport servicesReview Body and the Commission. [Am. 182]

Removed2. For this purpose, infrastructure managers shall set outlay 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. [Am. 183]

Removed3. ENIM shall cooperate with the European Coordinators on performance reviews in accordance with the operational requirements for the European Transport Corridors set out in Article 18 of [new TEN-T Regulation].

RemovedArticle 50 European framework for performance review

Removed1. ERA, with the support of ENIM shall set up and implement by [12 months afterfrom 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 18 of 19 of Regulation (EU) 2024/... [the new TEN-T Regulation]. [Am. 184]

Removed1a. The ENRRB shall adopt a recommendation on the European framework for the review of performance by [six months from 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. [Am. 185]

Removed2. The European framework shall cover the performance areas set out in Annex VII. In particular, it shall include:

Removed(a) a list of priority performance issues to be addressed in the performance areas set out in Annex VII;

Removed(b) performance indicators allowing to monitor progress on the performance issues, including methodology and data requirements to calculate such indicators;

Removed(c) criteria and procedures to define performance objectives at the level of infrastructure managers;

Removed(d) procedures to monitor and review the elements in points (a) to (c) as well as the implementation of corrective measures and the achievement of the performance objectives referred to in paragraph 4.

Removed3. On the basis of paragraph 2, point (d), ENIM shall regularly review the European framework for performance review and the results of its implementation and shall propose appropriate changes to the framework.

Removed4. Infrastructure managers shall take the utmost account of the European framework for performance review when fulfilling their functions. In particular, infrastructure managers shall include the objectives defined in accordance with paragraph 2 point (c) of this Article in the business plan referred to in Article 8(3) of Directive 2012/34/EU. These objectives shall include the target values set out in [Article 18(1), points (a) and (b) of new TEN-T Regulation].

Removed5. The Commission mayshall, by [24 months from the entry into force of this Regulation], adopt implementing acts, setting out to set out uniform conditions for the application of the elements referred to in paragraph 2 of this Article by ... [36 months from 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 take into account the work done by ENIM in accordance with paragraph 3 and any recommendations ofconsult ENIM, ERP, ENRRB, the Performance Review Body, ERA and the Europe’s Rail Joint Undertaking. [Am. 186]

RemovedArticle 51 European performance review report

Removed1. Without prejudice to Article 15 of Directive 2012/34/EU and Article 3 of Commission Implementing Regulation (EU) 2015/1100, ENIM shall prepare and publish by [24 months afterfrom 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 publishupdate 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. [Am. 187]

Removed2. The Performance Review Body shall prepare a self-standing section of theelaborate 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 to be addressed with priority and recommendations on, including measures to improve performance, shall be included within the next upcoming programme in accordance with Article 55(8). [Am. 188]

Removed3. The European performance review report shall cover at least the lines included in the Single European Transport Corridors referred to in Regulation [new TEN-T Regulation]Railway Area and shall include the information required by [Article 53(3)(g)] thereof54(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. [Am. 189]

Removed4. 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. [Am. 190]

Removed4a. 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. [Am. 191]

RemovedArticle 52 Performance Review Body

Removed1. In accordance with the procedure referred to in Article 73(3) By... [six months from the entry into force of this Regulation], the Commission may set up or designate an impartial and competent body to act as 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.

RemovedThe 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 from the entry into force of this Regulation].

RemovedWhen 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. [Am. 192]

Removed2. 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. [Am. 193]

Removed3. The Performance Review Body shall perform the following tasks:

Removed(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; [Am. 194]

Removed(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; [Am. 195]

Removed(c) reviewing the results of the draft European performance review report and, preparing the self-standing sectionreport referred to in Article 51(2); [Am. 196]

Removed(d) providing opinions and recommendations relating to the performance of rail infrastructure services in relation to the indicative rail infrastructure development strategy referred to in Article 8(1), the business plan referred to in Article 8(3), the contractual agreements referred to in Article 30(2) and the performance scheme referred to in Article 35 of Directive 2012/34/EU.

Removed(e) providing advice to the European Coordinators on matters related to the performance of rail infrastructure services and rail transport services.

Removed4. The addressees of opinions and recommendations referred to in paragraph 3 shall provide responses to the Performance Review Body within the deadlines set by the latter.