Changes from report parliamentary committee draft to report parliamentary committee draft

AddedSHORT JUSTIFICATION

RemovedRecital 2 a (new): (2a) EU's decarbonisation and modal shift targets will not be able to be addressed with this rail capacity regulation alone. Both Member States and the Commission should continue to work on numerous other elements that can help to further increase both transport and train capacity, such as the bundling of train paths, speed harmonisation, integrated regular timetables, efficient passenger changeover, the use of longer trains, the use of reciprocal commercial conditions for capacity-friendly behaviour (both infrastructure managers and applicants), the roll-out of harmonised ERTMS across Europe as well as automated trains operation (ATO).

AddedThe Council position at first reading reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second-reading stage. The agreed text has been the result of interinstitutional negotiations where the co-legislators have reached a compromise text aims to contribute to a more efficient use of Europe’s rail infrastructure through harmonisation of capacity management, more efficient allocation processes, and a strengthened cross-border cooperation. The agreement also foresees an enhanced role for European Network of Infrastructure Managers (ENIM) to coordinate cross-border capacity and traffic, while reinforcing the role of railway undertakings in capacity-related decision-making processes. To achieve a maximum utilisation of the available capacity on railway networks, penalties are introduced for railway undertakings and infrastructure managers in case of non-compliance with commitments with respect to allocated train paths.

RemovedIt is anticipated that this proposal if fully implemented will increase the capacity on the European rail network by a maximal 4%. To achieve the EU’s policy goals of increasing rail freight traffic by 50% in 2030 and doubling it by 2050 and to achieve the necessary climate targets the EU has committed to, Member States and the Commission will have to implement numerous other elements that can help to further increase both rail infrastructure and rail transport capacity.

RemovedRecital 2 b (new): (2b) Tackling the multi-modal competitive aspect between different transport modes is important to facilitate a substantial modal shift and reach the targets set in the Sustainable and Smart Mobility Strategy. In order to guarantee a fair level playing field between the transport modes, framework conditions need to be levelled out. This would incentivise people and companies to make transport choices in line with the Union’s sustainable transport vision. With an increased demand for rail capacity by both passenger and freight services, investments will also be needed to implement the capacity enhancing measures described above.

RemovedTo achieve EU’s policy goals of increasing rail freight traffic by 50% in 2030 and doubling it by 2050 and to achieve the climate targets the EU has committed to, measures beyond rail infrastructure and transport capacity have to be implemented. Multi-modal competitive aspects between transport modes have to be addressed in order to guarantee a fair level playing field between modes. With an increased demand for rail capacity, investments will be needed to enhance capacity.

RemovedRecital 7: (7) The rules and procedures on the management of rail infrastructure capacity should reflect better the needs of all rail market segments. 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 Council, 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. It is necessary for those socio-economic and environmental criteria to be studied in more detail. For that purpose, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of setting criteria and standardised methodologies.

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 served with alternative capacity or in the last resort refused and the plan for the supply of capacity must be regularly updated to reflect the actual demand.

RemovedInfrastructure managers should ensure utmost efforts to provide alternative capacity outside of the capacity plan. This allows for flexibility and the possibility to develop paths that reflect end user needs.

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, that 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 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 19: (19) Continuous monitoring of the quality of rail infrastructure and transport services is a precondition for improving the performance of these services. It is therefore 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 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 advice to the Commission in all areas that influence the performance of rail services and infrastructure management.

RemovedBy incorporating profound knowledge of the railway sector into the Peformance Review Body, the proper involvement of both infrastructure managers and railway undertakings can be ensured. Experts need to be independent and non-biased.

RemovedRecital 21: (21) To ensure an effective EU framework for the coordination of rail infrastructure managers, the European Network of Infrastructure Managers, established by Directive 2012/34/EU, should become more operational. It should include decision-making mechanisms, which allow EU rail infrastructure managers to effectively coordinate on the strategic planning of rail infrastructure capacity. The infrastructure managers and the Commission should take the necessary preparatory steps to ensure that the European Network of Infrastructure Managers have good conditions for their coordinating tasks by the entry into force of this Regulation.

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, with a view to develop common practices for making the decisions for which they are empowered under this Regulation. For that purpose, the European Network of Rail Regulatory Bodies 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. European Network of Rail Regulatory Bodies should check the compatibility of the European Frameworks, proposed by European Network of Infrastructure Managers, with the regulatory objectives set by this Regulation. Regulatory supervision should be designed in a way that national decisions cannot undermine the harmonised procedures described in the frameworks, unless exemptions provided for in this Regulation apply.

RemovedTo make sure that they are in line with the objectives under this Regulation, the European Framework of Capacity and Traffic Management and Performance Review should be checked for compatibility.

RemovedRecital 27: (27) To ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to introduce technical and operational requirements to facilitate the smooth functioning of the single European railway area concerning uniform criteria for the requirements set by infrastructure managers with regard to applicants; common procedures, criteria and methodologies for the management of scarce capacity, for contingency planning, and for the allocation of capacity beyond the period covered by the working timetable; common approach to compensations paid for changes to allocated capacity, including capacity specifications, common criteria and procedures for rescheduling; the definition of the technical elements of a system for monitoring the performance of rail and rail-related services, including methodologies and data requirements and their review. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council19 .

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, and Regulation on Union Guidelines for the development of the trans-European transport network21should be amended accordingly. / 21 Regulation (EU) .../... of the European Parliament and the Council on Union guidelines for the development of the trans-European transport network, amending Regulation (EU) 2021/1153 and Regulation (EU) No 913/2010 and repealing Regulation (EU) 1315/2013 (OJ L...)

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 for Member States that are able to prove that they have carried out all the necessary steps before the adoption date of the Regulation.

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 passengers and freight,in line with the Union’s climate targets;

RemovedThe aim of making more optimum effective use of available infrastructure is to increase the share of rail transport, both for passenger and freight in line with the climate targets that the EU has committed to.

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

RemovedPunctuality is key to ensure and increase the rail infrastructure capacity. Unexpected events such as infrastructure failures or technical problems with trains are creating obstacles for a well functioning rail traffic system. In Germany alone, there were 230 such disturbances per day in 2022. It is important that infrastructure managers should strive to overcome bottlenecks and operational obstacles.

RemovedArticle 3 – paragraph 3: 3. As regards capacity management and the long-term planning of major maintenance, renewal and upgrade of the railway infrastructure, the infrastructure manager shall consult ,throughout the process, applicants as defined in Article 3, point 19 of Directive 2012/34/EU, in accordance with this Regulation and, to the best possible extent, take into account the concerns expressed.

RemovedConsultation should incorporate a dialogue logic, so that consultation with applicants is not a one-off occurrence. This will permit the involvement of applicants throughout the entire process.

RemovedArticle 4 – paragraph 2 – point 1: deleted

RemovedClear rules under which circumstances infrastructure managers can cancel capacity without compensation are outlined in the text.

RemovedArticle 4 – paragraph 2 – point 1 a (new): (1a) ‘rail infrastructure capacity’ means the maximum number of trains that can move in a defined period of time on a geographically defined part of the railway network and related infrastructure characteristics under required or desired level of service, as well as other elements that will impact capacity, such as train length, traffic composition, and speed;

RemovedA clear definition is needed on the central term of this legislation.

RemovedArticle 4 – paragraph 2 – point 3: (3) ‘operational stakeholder’ means an applicant as defined in Directive 2012/34/EU, Article 2 point (19), railway undertaking, infrastructure manager, rail service facility operator, provider of rail-related services and any other entity directly involved in operating a rail transport service;

RemovedArticle 4 – paragraph 2 – point 10: (10) ‘multi-network rail service’ means a freight or passenger rail transport service, domestic or international, which is operated on two or more networks managed by different infrastructure managers. The train may be joined and/or split and the different sections may have different origins and destinations, provided that the requested capacity crosses over into at least one network operated by a different infrastructure manager;

RemovedIn the Commission text, a freight train which is running through three countries and collects any single wagons for domestic operation (only short stretch) would not be covered anymore. This change ensures that any path request indicating a train crosses a network border should be covered.

RemovedArticle 4 – paragraph 2 – point 12: (12) ‘partitioning of infrastructure capacity’ means assigning shares of the total available capacity of an element of infrastructure to different types of rail transport services and to capacity restrictions resulting from infrastructure work or to allocation processes as defined in Annex I.

RemovedTo be consistent with the description of capacity model in Annex 1, the definition of "partitioning of infrastructure capacity" should also include allocation processes.

RemovedArticle 4 – paragraph 2 – point 13 a (new): (13a) ‘rolling planning’ means a path request which serves multi-annual demands, irrespective of any timetable change, and which also serves the request for capacity needs that are not known, or that are not stable, at the moment that the deadlines for annual timetable requests are reached, and that enables applicants to request capacity for the term of the contract;

RemovedArticle 4 – paragraph 2 – point 17 a (new): (17a) ‘compensation’ means an incentive fee to be paid in case of the amendment and/or cancellation of an allocated train path which is limited to the amount defined by the responsible party and published in the network statement of the respective infrastructure manager.

RemovedIf not defined, the term compensation might raise expectations of compensations beyond the intention of this Regulation.

RemovedArticle 4 – paragraph 2 – point 17 b (new): (17b) ‘systematic train paths’ means train paths constructed by the infrastructure manager based on operating experience, demand, market forecasts and political goals, which are allocated to market segments, occur at hourly intervals at the same minute and are formed to further optimise the utilisation of infrastructure and to optimise interchange connections between passenger services in node stations.

RemovedDefinition needed to legally allow infrastructure managers to use the concept for capacity planning in addition to the EU Commission model. Compared to the Commission model, systematic train paths are more detailed and reduce planning effort in case of temporary capacity restrictions. They boost resilience and increase transparency.

RemovedArticle 6 – paragraph 1: 1. Infrastructure managers shall follow common principles and procedures for the management of rail infrastructure capacity. For this purpose, ENIM shall develop, consult with the European Operational Stakeholder Platform (EOSP) prior to the adaption and adopt a ‘European framework for capacity management’ in accordance with the provisions of Chapter II by [12 months after the entry into force of this Regulation]. ENIM shall publish the principles and procedures that govern this consultation.

RemovedConsultation with operational stakeholders is vital to assure the development infrastructure capacity development along the line of market needs. For this reason, operational stakeholders should be involved in a consultative role and in a dialogue logic throughout the entire process. The consultation should apply to railway companies (railway undertakings), but all entities involved in operating a rail service would be covered under operational stakeholders and may contribute useful market related information.

RemovedArticle 6 – paragraph 4: 4. Infrastructure managers shall take 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 explain 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 where there are sufficient justifications and subject to approval by the European Network of Rail Regulatory Bodies.

RemovedArticle 7 – paragraph 3: 3. The Commission shall adopt delegated acts in accordance with Article 71 setting out the details of the criteria to be followed for the application of paragraph 2.

RemovedThe implementing acts may not be properly framed.

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.

RemovedInfrastructure managers should not suffer financial losses due to strategic guidance from the Member States.

RemovedArticle 8 – paragraph 3 – subparagraph 1 a (new): To this end, infrastructure managers shall distinguish between: / (a) conflicts about the same pre-planned capacity ; and / (b) conflicts between two requests that both are not consistent with the strategic capacity planning.

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 that have already provided a basis for the strategic capacity planning in Articles 11 and 12, subject to the availability of data to be provided by applicants to the infrastructure manager:

RemovedThe socioeconomic and environmental criteria should not only be used for conflict resolution of scarce infrastructure, it would be ideal to introduce these already in the strategic capacity planning.

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): (ea) modal shift effects towards rail, as well as reverse modal shift to less environmentally friendly modes of transport.

RemovedArticle 8 – paragraph 4 – subparagraph 2 a (new): The Commission shall adopt a delegated act in accordance with Article 71 setting out the criteria and the standardised methodologies for the calculation and application of the socio-economic and environmental criteria, as well as determining the standardised and representative data sources. The Commission shall include European Rail International Capacity Allocation body (ERICA) in its work.

RemovedIt will be important to ensure a standardised methodology and criteria in the union in particular to allow for cross-border solutions. Hence, the Commission should set this out in a delegated act. This does not undermine the possibility of Member States to locally adapt the weighing of criteria if the local circumstances so require for political or economic reasons. However, it should be made clear how prioritisation across borders should work when the Member States have different guidance and prioritisation.

RemovedArticle 8 – paragraph 5 – introductory part: 5. ENIM, in consultation with the European Operational Stakeholder Platform (EOSP), shall prepare and adopt the procedures referred to in paragraph 4 and include them in the EU 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): (aa) designate alternative scenarios to address capacity conflicts between two requests neither of which is consistent with the strategic capacity planning;

RemovedArticle 8 – paragraph 6: 6. ENIM shall, in consultation with the European Operational Stakeholder Platform (EOSP), develop the methodologies referred to in paragraph 5, point b. 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 adopt delegated acts in accordance with Article 71 setting out the specific procedures, criteria and methodologies to be applied for the management of scarce capacity. The Commission shall involve ERICA in its work.

RemovedThe implementing acts may not be properly framed. ERICA as referred to in Article 57 a new.