Changes from adopted text to adopted text

Removed5. 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 on their own initiative or upon the body’s request and make the utmost effort to take into account its recommendations in their work on rail performance management. [Am. 197]

Removed6. The performance review body shall respect the confidentiality of business secrets when handling information provided by relevant stakeholders or the Commission.

RemovedCHAPTER V EUROPEAN NETWORK FOR COORDINATION

RemovedArticle 53 Coordination between infrastructure managers

Removed1. When reference is made to this Article, infrastructure managers shall coordinate between themselves and with other relevant stakeholders in relation to the responsibilities and tasks entrusted to them in this Regulation.

Removed2. Infrastructure managers shall coordinate at least on the issues set out in Annex IX and shall comply with the specific coordination requirements set out in the Articles referenced therein.

RemovedInfrastructure managers shall in particular:

Removed(a) establish organisational structures, procedures and tools, as appropriate, including the digital tools referred to in Article 62;

Removed(b) coordinate at the most appropriate geographical level, involving the entities which are best placed to achieve effective and efficient outcomes, in line with the principle of subsidiarity;

Removed(c) cooperate with other infrastructure managers through the designated focal points referred to in Article 60;

Removed(d) involve ENIM or the Network Coordinator, as appropriate, on matters having Union relevance. Coordination between infrastructure managers may be implemented at more than one level, in particular for matters where coordination is required both at Union level and within a more specific geographical scope;

Removed(e) appoint a leading entity, whenever coordination activities involve multiple actors, which shall report to ENIM and shall be responsible for organising consultation activities in accordance with Article 54;

Removed(f) refer to ENIM cases where agreed outcomes cannot be reached at first instance;

Removed(g) review the performance of coordination activities in accordance with Chapter IV.

Removed3. Coordination shall cover allparticularly 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]. [Am. 198]

RemovedInfrastructure managers may extend coordination to additional lines subject to an agreement between all infrastructure managers concerned.

RemovedThe Member States and the public service authorities can extend the cover to other lines. [Am. 199]

Removed4. Coordination between infrastructure managers relating to the allocation of multi-network capacity rights in accordance with Article 29 shall cover the entire networks of the infrastructure managers which are members of ENIM.

Removed5. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend Annex IX with a view to ensure an efficient coordination between infrastructure managers, taking into account planning, operational and commercial considerations of all stakeholders concerned, and in the light of experience gained in the implementation of this Regulation.

RemovedArticle 54 Consultation mechanism for European and cross-border matters

Removed1. ENIM shall, by ... [12 months from 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 processmechanism shall be developed and implemented with the support of the Network Coordinator and with the involvement of the designated focal points ofdesignated by infrastructure managers referred to in Article 60. [Am. 200]

Removed2. 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. [Am. 201]

Removed3. 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. [Am. 202]

Removed3a. 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. [Am. 203]

Removed3b. The Commission shall adopt, by ... [24 months from 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. [Am. 204]

RemovedArticle 55 Organisation of the European Network of Infrastructure Managers

Removed1. For the purposes of this Regulation, the European Network of Infrastructure Managers referred to in Article 7f of Directive 2012/34/EU shall be organised in accordance with this article.

Removed2. All rail infrastructure managers, which are responsible for lines that form part of the core and extended core TEN-T network, referred to in [Article 6 of and Annex I to new TEN-T Regulation],Single European Rail Area shall be members of ENIM. They shall appoint a representative and an alternate. [Am. 205]

Removed3. Rail infrastructure managers, which do not meet the criterion defined in paragraph 2 may appoint a non-member representative to participate in the deliberations of ENIM.

Removed4. Following the consultation of and the approval by the Commission, ENIM shall adopt and publish its rules of procedure. It shall organise its activities in accordance with the rules of procedure.

Removed5. ENIM shall take its decisions by a simple majority, unless otherwise provided for in the rules of procedure. All members from one Member State shall together have one vote. In the absence of a member, the alternate shall be entitled to exercise the right to vote.

Removed6. ENIM shall meet at regular intervals. It shall elect a Chair from among its members with a two-thirds majority of its members.

Removed7. The Commission and ERA shall be a non-voting member of ENIM. ItThey shall support the work of ENIM and facilitate coordination. [Am. 206]

Removed8. 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 55a, 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. [Am. 207]

Removed8a. In the development of the European frameworks for capacity management, traffic management, and performance management, ENIM shall consult with ERP. [Am. 208]

Removed8b. 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. [Am. 209]

RemovedArticle 55a European Railway Platform

Removed1. The European Railway Platform (ERP) is hereby established as a consultative body to ENIM.

Removed2. 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.

Removed3. 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.

Removed4. 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.

Removed5. ENIM shall consult ERP before preparing and adopting European frameworks for capacity management, traffic management and performance management. ERP may issue its own opinions, which shall be taken into account by ENIM. ERP may also issue own initiative opinions addressed to ERA and/or to the Commission.

Removed6. Consultations under this Article shall be without prejudice to the right of applicants to appeal decisions by ENIM.

Removed7. ERP shall address to ERA and to the Commission an annual report of its activities. This report shall be published. [Am. 210]

RemovedArticle 56 Responsibilities of ENIM

Removed1. In addition to the tasks laid down in Article 7f of Directive 2012/34/EU, ENIM shall be responsible for all tasks assigned to it in this Regulation. It shall, in particular:

Removed(a) adopt the European framework for capacity management referred to in Article 6;

Removed(b) adopt the European framework for the coordination of traffic and crisis management referred to in Article 44;

Removed(c) adopt the European framework for performance review, referred to in Article 50;

Removed(d) adopt opinions and recommendations to infrastructure managers in accordance with the provisions of this Regulation and on its own initiative;

Removed(e) adopt opinions and recommendations to infrastructure managers in the cases referred to in Article 53(2)(f);

Removed(f) organising the coordination between infrastructure managers in accordance with Article 53.

Removed2. When performing coordination through dedicated coordination groups, infrastructure managers shall appoint the entities participating in this group, including focal points appointed by infrastructure managers in accordance with Article 60, the Network Coordinator or both.

RemovedArticle 57 Transparency

Removed1. ENIM shall ensure that its membership, methods of operation and all relevant information about its work are made publicly available on its website. It shall include contact details of dedicated coordination groups, established by the infrastructure managers and references to coordination tools and procedures in accordance with Article 53.

Removed2. 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]. [Am. 211]

RemovedArticle 57a Responsibilities of ERA

Removed1. 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:

Removed(a) provide support, upon request from the Commission in preparing the specific implementing and delegated acts foreseen by this Regulation;

Removed(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;