Changes from adopted text to adopted text

RemovedDone at …,

RemovedFor the European Parliament For the Council

RemovedThe President The President

RemovedAnnex I

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

Removed1. Deliverables to be prepared by infrastructure managers in strategic capacity planning referred to in Articles 11, 16, 17 and 18

Removed[Am. 254]

Removed2. Schedule for strategic capacity management referred to in Articles 11, 16, 17 and 18

Removed1. When preparing the deliverables of strategic capacity planning for a given working timetable period, infrastructure managers shall respect the schedule set out in this section.

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

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

Removed[Am. 255]

Removed2. By way of derogation to point 1, the following simplified and shortened schedule applies to the deliverable ‘Capacity strategy’ in relation to the working timetable periods starting in December 2029 and December 2030:

Removed3. Schedule for coordination, consultation and publication of capacity restrictions resulting from infrastructure works referred to in Articles 10 and 35

Removed1. As regards temporary restrictions of the capacity of railway lines, for reasons such as infrastructure works, including associated speed restrictions, axle load, train length, traction, or structure gauge (‘capacity restrictions’), of a duration of more than 7 consecutive days and for which more than 30 % of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes of transport, the infrastructure managers concerned shall publish all capacity restrictions, as far as they are known, and the preliminary results of a consultation with the applicants for a first time at least 24 months and, in an updated form, for a second time at least 12 months before the change of the working timetable concerned. These infrastructure restrictions shall be included in the capacity supply plan referred to in Article 18. [Am. 256]

Removed2. As part of the coordination between infrastructure managers in accordance with Article 53, the entities designated in paragraph 5 of that Article shall also jointly discuss those capacity restrictions, if the impact of the capacity restrictions is not limited to one network, with interested applicants and the main operators of service facilities concerned when they are published for the first time.

Removed3. When publishing capacity restrictions in accordance with point (1) for a first time, the infrastructure manager shall launch a consultation with the applicants and the main operators of services facilities concerned on the capacity restrictions. Where a coordination in accordance with point (4) is required between the first and second publication of capacity restrictions, the entities designated in accordance with Article 53(5) shall consult with applicants and the main operators of service facilities concerned a second time between the end of that coordination and the second publication of the capacity restriction.

Removed4. Before publishing capacity restrictions in accordance with point (1), if the impact of the capacity restrictions is not limited to one network, the entities designated in accordance with Article 53(5), including infrastructure managers that might be impacted by the rerouting of trains, shall coordinate between themselves capacity restrictions that could involve a cancellation, re-routing of a train path or a replacement by other modes.

RemovedThe coordination before the second publication shall be completed:

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

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

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

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

Removed5. As regards capacity restrictions of a duration of 7 consecutive days or less that need not be published in accordance with point (1) and for which more than 10% of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes, that occur during the following timetable period and that the infrastructure manager becomes aware of no later than 6 months and 15 days before the change of the working timetable, the infrastructure manager shall consult the applicants concerned on the envisaged capacity restrictions and communicate the updated capacity restrictions at least four months before the change of the working timetable. The infrastructure manager shall provide details on the offered train paths for passenger trains no later than four months and for freight trains no later than one month before the beginning of the capacity restriction, unless the infrastructure manager and the concerned applicants agree on a shorter lead time.

Removed6. Infrastructure managers may decide to apply more stringent thresholds for capacity restrictions based on lower percentages of estimated traffic volumes or shorter durations than indicated in section 3 of this Annex or to apply criteria in addition to the ones mentioned in this Annex, pursuant to a consultation with applicants and facility operators. They shall publish the thresholds and criteria for clustering capacity restrictions in their network statements under point 3 of Annex IV of Directive 2012/34/EU.

Removed7. Without prejudice to Article 40, the infrastructure manager may decide not to apply the periods laid down in points (1) to (5), if the capacity restriction is necessary to re-establish safe train operations, the timing of the restrictions is beyond the control of the infrastructure manager, the application of those periods would be cost ineffective or unnecessarily damaging in respect of asset life or condition, or if all concerned applicants agree. In those cases and in case of any other capacity restrictions that are not subject to consultation in accordance with other provisions of this Annex, the infrastructure manager shall consult the applicants and the main operators of service facilities concerned forthwith. [Am. 257]

Removed8. The information to be provided by the infrastructure manager when acting in accordance with points (1), (5) or (7) shall include:

Removed(a) the planned day;

Removed(b) time of day, and, as soon as it can be set, the hour of the beginning and of the end of the capacity restriction;

Removed(c) the section of line affected by the restriction;

Removed(d) where applicable, the capacity of diversionary lines.

RemovedThe infrastructure manager shall publish that information, or a link where it can be found, in its network statement as referred to in point (3) of Annex IV of Directive 2012/34/EU. The infrastructure manager shall keep this information updated. In addition, infrastructure managers shall publish this information in digital format in accordance with Article 9 and 62.

Removed9. As regards the capacity restrictions of a duration of at least 30 consecutive days and affecting more than 50% of the estimated traffic volume on a railway line, the infra-structure manager shall provide the applicants upon their request during the first round of consultation with a comparison of the conditions to be encountered under at least two alternatives of capacity restrictions. The infrastructure manager shall design those alter-natives on the basis of the input provided by the applicants at the time of their requests and jointly with them.

RemovedThe comparison shall, for each alternative, include at least:

Removed(a) the duration of the capacity restriction,

Removed(b) the expected indicative infrastructure charges due,

Removed(c) the capacity available on diversionary lines,

Removed(d) the available alternative routes, and

Removed(e) the indicative travel times.

RemovedBefore making a choice between the alternatives of capacity restrictions, the infrastructure manager shall consult the interested applicants and take into account the impacts of the different alternatives on those applicants and on the users of the services.

RemovedThe analysis of alternative capacity restrictions shall include situations concerning more than one infrastructure manager. In this case, the infrastructure managers shall coordinate the planning of alternative of the capacity restriction in accordance with Article 53.

Removed10. As regards the capacity restrictions of a duration of more than 30 consecutive days and affecting more than 50 % of the estimated traffic volume on a railway line, the infrastructure manager shall establish criteria for which trains of each type of service should be re-routed, taking into account the applicant's commercial and operational constraints, unless those operational constraints result from managerial or organisational decisions of the applicant, and without prejudice to the aim of reducing costs of the infrastructure manager in accordance with Article 30(1) of Directive 2012/34/EU. The infrastructure manager shall publish in the network statement those criteria.

Removed11. ENIM shall publish the information required under point (8) on its website.

Removed12. The Commission shall review the implementation of section 3 of this Annex until 31 December 2024 and propose a legislative proposal if necessary.

Removed4. Schedule for capacity allocation through the annual allocation process referred to in Articles 32 and 38

Removed1. The infrastructure manager and the applicants shall comply with the following schedule:

Removed[Am. 258]

Removed2. Infrastructure managers shall allocate capacity requests received in accordance with Article 32(8) on the basis of the first come, first served principle.

Removed3. The deadline for applicants to submit requests for capacity rights laid down in the table under point 1 shall be the deadline for requests for infrastructure capacity referred to in Article 27(4) of Directive 2012/34/EU.

Removed5. Schedule for capacity allocation through framework agreements referred to in Articles 31 and 38

Removed1. The infrastructure manager shall comply with the following schedule:

Removed6. Schedule for the rolling planning capacity allocation process referred to in Articles 33 and 38

Removed1. The infrastructure manager and the applicants shall comply with the following schedule during the rolling planning process,:

Removed2. Infrastructure managers shall allocate capacity through the rolling planning process based on the first come, first served principle.

Removed7. Schedule for capacity allocation through the ad hoc process referred to in Articles 34 and 38

RemovedWhen allocating infrastructure capacity through the ad hoc process, the infrastructure manager shall comply with the following schedule:

Removed[Am. 259]

Removed8. Schedule for changes to capacity allocated referred to in Article 39

RemovedWhen changing infrastructure capacity rights, the infrastructure manager shall comply with the following schedule:

Removed[Am. 260]