Changes from adopted text to adopted text

Removed1. Infrastructure managers shall consult all operational stakeholders on strategic capacity planning in accordance with Article 7e of Directive 2012/34/EU.

Removed2. 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. [Am. 77]

Removed2a. 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. [Am. 78]

Removed2b. The regulatory body shall monitor the activities of the infrastructure manager in strategic capacity planning in accordance with Article 63. [Am. 79]

RemovedArticle 14 Coordination on strategic capacity planning between infrastructure managers

Removed1. Infrastructure managers shall coordinate their activities related to strategic capacity planning in accordance with Article 53.

RemovedCoordination shall ensure in particular:

Removed(a) the consistency of strategic planning across the networks concerned, in particular in relation to the capacity strategy, the capacity model and the capacity supply plan, the planning of infrastructure works and contingency planning;

Removed(b) appropriate consideration of the capacity needs for multi-network rail services in the capacity strategy, capacity model and capacity supply plan;

Removed(c) a review of the performance of strategic capacity planning and its outcomes in accordance with Chapter IV;

Removed(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. [Am. 80]

Removed2. ENIM shall take into account any relevant complaint by applicants or potential applicants on the planning documents referred to in Article 11(2) and shall request additional information from the entities involved in the coordination in accordance with Article 53 and from operational stakeholders consulted in accordance with Article 54, prior to adopting an opinion or recommendation to improve the consistency of those planning documents. ENIM shall share its opinion on the draft planning documents with the ENRRB or inform the latter of a failure to adopt an opinion. The ENRRB shall act in accordance with Article 65(3).

Removed3. Infrastructure managers shall take into account any recommendation adopted by ENIM in accordance with paragraph 2. Where infrastructure managers do not follow the recommendation, they shall explain the reasons in the planning documents. The ENRRB shall monitor the coordination process and its implementation. It shall inform the Commission of its views on the need to address any shortcomings of the coordination process.

Removed3a. 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). [Am. 81]

RemovedArticle 15 Analysis of expected transport market developments

Removed1. 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. [Am. 82]

Removed2. For the purposes of this Regulation, the transport market analysis referred to in paragraph 1 shall in particular provide input to strategic capacity planning as referred to in Article 11, to the partitioning of infrastructure capacity as referred to in Article 25 and to the allocation of capacity on the basis of the formal conflict resolution mechanism referred to in Article 37.

Removed3. ENIM shall carry out a European transport market study covering passenger and freight transport in multimodal context at the latest by [31 December 2028]. The study shall address in particular:

Removed(a) projections of the demand for passenger and freight transport for all modes in the Union;

Removed(b) estimates of the potential to increase the volume rail transport, both passenger and freight, and the conditions necessary to achieve such growth;

Removed(c) if possible, a geographical breakdown of the projected transport flows as an input to strategic capacity planning.

Removed(ca) if possible, the impact of projected climate change effects both on infrastructure and services provided. [Am. 83]

Removed4. 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. [Am. 84]

Removed5. ENIM shall review and update the study as appropriate, and in any case at least every five years.

Removed5a. All data for the study and the study itself shall be published and freely accessible. The data shall be machine readable. [Am. 85]

RemovedArticle 16 Capacity strategy

Removed1. The infrastructure manager shall adopt a capacity strategy setting out its expectations on future developments of demand and supply of rail infrastructure capacity and its vision on how to accommodate those developments.

RemovedThe capacity strategy shall serve as a tool for communication, consultation and coordination between operational stakeholders.

Removed2. The capacity strategy shall contain information about the future development of rail infrastructure, an outlook on the development of the demand for different rail transport services and any other relevant information about the availability and utilisation of railway infrastructure.

Removed3. The capacity strategy shall comprise a strategic route map which defines the following:

Removed(a) the geographical scope of the capacity strategy referred to in Article 16, of the capacity model referred to in Article 17 and of the capacity supply plan referred to in Article 18;

Removed(b) the alternative lines considered in the event of capacity restrictions referred to in Article 10 and in the context of contingency planning referred to in Article 19.

RemovedThe strategic route map shall be included in the register of infrastructure referred to in Article 49 of Directive (EU) 2016/797.

Removed4. The infrastructure manager shall prepare, publish and, when necessary, regularly update the capacity strategy in accordance with the schedule and the contents set out in section 2 of Annex I. [Am. 86]

Removed5. 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. [Am. 87]

Removed5a. 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. [Am. 88]

RemovedArticle 17 Capacity model

Removed1. The infrastructure manager shall establish a capacity model that refines the capacity strategy on the basis of the outcome of the consultation and coordination activities referred to in Articles 13 and 14.

RemovedThe capacity model shall support a balanced consideration of the capacity needs of different segments of rail transport services and of infrastructure managers’ needs to maintain, renew and develop (upgrade of existing and construction of new) the rail infrastructure. It shall serve as an instrument for communication, consultation and coordination of strategic capacity planning between the operational stakeholders.

Removed2. 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 regularly update the capacity model when needed in accordance with the contents and schedule set out in sections 1 and 2 of Annex I. [Am. 89]

Removed3. Infrastructure managers shall document and, where relevant, justify any divergence between the capacity model and the capacity strategy concerning the same working timetable period. Where needed, The capacity strategy shall be revised in the light of developments since the adoption or the latest update ofdoes not have to be updated in case the capacity strategymodel was already published for the same timetable period. [Am. 90]

Removed4. 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. [Am. 91]

Removed4a. 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. [Am. 92]

RemovedArticle 18 Capacity supply plan

Removed1. The infrastructure manager shall establish a capacity supply plan with a view to providing comprehensive information about:

Removed(a) infrastructure capacity available for allocation to applicants in the working timetable and safeguarded for later requests according to Article 33, including service facilities; [Am. 93]

Removed(b) infrastructure capacity not available for allocation.

RemovedThe capacity supply plan shall provide the basis for capacity allocation.

Removed2. Infrastructure managers shall publish the capacity supply plan for each working timetable period at the latest by the deadline set out in section 2 of Annex I and shall continuously update it until the end of the working timetable period, to which that plan refers. The capacity supply plan shall be provided for each individual day of the working timetable period concerned.

Removed3. Infrastructure managers shall prepare the capacity supply plan on the basis of the results of the strategic capacity planning process referred to in Articles 11 to 17 and in sections 1 and 2 of Annex I.

RemovedInfrastructure managers shall document and, where relevant, justify any divergence between the capacity supply plan and the capacity model concerning the same working timetable period.

Removed4. 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. [Am. 94]

Removed5. Pre-planned capacity shall be presented in the capacity supply plan in the form of capacity objects as referred to in Article 20, which specify the volume and characteristics of capacity and which are linked to allocation rules and processes through which such capacity is made available.

Removed6. Subject to paragraph 7, the capacity supply plan shall comprise the following elements:

Removed(a) capacity available for allocation to applicants for the working timetable period to which the capacity supply plan refers:

Removed(i) capacity, which has not been pre-planned by the infrastructure manager;

Removed(ii) capacity, which has been pre-planned by the infrastructure manager.

Removed(b) capacity which is not available for allocation to applicants:

Removed(i) capacity reserved for infrastructure works with significant commercial and operational impact on applicants and railway undertakings as referred to in section 3 of Annex I;

Removed(ii) capacity reserved for regular time windows allowing to schedule infrastructure works with limited impacts at a later stage;