Changes from report parliamentary committee draft to report parliamentary committee draft

RemovedArticle 9 – paragraph 1 – subparagraph 1: Infrastructure managers shall provide interested parties, in particular applicants and regulatory bodies, with accurate and up-to-date information on the availability of infrastructure capacity throughout the entire capacity management process, including in the strategic planning phase referred to in section 2, during the scheduling and allocation processes set out in section 3 and whenever there are changes to allocated capacity as referred to in section 4, depending on the availability of the published capacity strategy, capacity model and capacity supply plan.

RemovedArticle 10 – paragraph 1: 1. Without prejudice to Articles 7, 7c and 7e of Directive 2012/34/EU, infrastructure managers shall plan infrastructure work in accordance with the business plan and with the investment and financial programmes referred to in Article 8(3) of Directive 2012/34/EU. Where amendments to those programmes after the adoption of the business plan affect or are likely to affect the planning of infrastructure works, the infrastructure manager shall provide an overview of such amendments and their likely impact in the network statement. The Member State shall provide the infrastructure manager with stable and timely multiannual funding for the maintenance, renewal and new construction of rail infrastructure for a period of at least 5 years via the multiannual performance agreement in order to support infrastructure managers to prevent the degrading of rail infrastructure and minimise the impact on possible capacity restrictions. The annual budget available to infrastructure managers should be known beforehand and be reliably allocated.

RemovedUnpredictable funding in terms of timing and amount leads to difficulties in planning construction and maintenance work. This in turn, often leads to inadequately planned, poorly coordinated and insufficiently communicated Temporary Capacity Restrictions (TCRs). It is key that infrastructure managers receives secured multiannual funding and cash flow for operation, maintenance and upgrading of infrastructure for a period of at least 5 years. Transparency is important for infrastructure mangers to understand how much money is reliably available for construction sites.

RemovedArticle 10 – paragraph 2 – subparagraph 2 a (new): Multiannual funding provided by the Member State to the infrastructure manager shall support the goal of establishing this balance. Applicants shall provide the infrastructure manager in a timely manner with the information required for the infrastructure manager’s compliance with this provision.

RemovedArticle 10 – paragraph 5 – subparagraph 1: Infrastructure managers shall take into account and mitigate the impact of infrastructure works on cross-border traffic. Infrastructure managers shall coordinate in accordance with Article 53 all infrastructure works on the lines referred to in Article 53(3) and any other infrastructure work with cross-border impact.

RemovedArticle 10 – paragraph 5 – subparagraph 2: Coordination shall address in particular the optimisation of the schedule of infrastructure works and the provision of alternative capacity on the line affected and on alternative routes, taking into account the operational, infrastructure and commercial needs of different applicants.

RemovedArticle 11 – paragraph 1: 1. Strategic capacity planning shall include all activities set out in Articles 12 to 25 and shall not impede national or local market approaches in timetabling, such as regular-interval timetables, as long as they do not contradict international processes.

RemovedArticle 11 – paragraph 2 – subparagraph 2: The contents of and the schedule for preparing those deliverables are set out in sections 1 and 2 of Annex I. All content shall be made available by the infrastructure manager in the national language and in English.

RemovedArticle 11 – paragraph 3 – subparagraph 1 – introductory part: Subject to the principle of management independence laid down in Article 4 of Directive 2012/34/EU, Member States may provide the infrastructure manager with strategic guidance based on the indicative rail infrastructure development strategies referred to in Article 8(1) of Directive 2012/34/EU. The guidance shall be provided by Member States in time to allow infrastructure managers and operational stakeholders to follow the deadlines set out in Annex I. That guidance may cover/contain in particular:

RemovedArticle 11 – paragraph 3 – subparagraph 1 – point a: (a) general objectives of national rail policy relevant for strategic capacity planning within the scope of this Regulation, including rail freight transport;

RemovedArticle 11 – paragraph 3 – subparagraph 1 – point d a (new): (da) long-term strategic infrastructure plans and their separate stages including specific timetabling concepts underlying the infrastructure plans, from those Member States where this is applicable;

RemovedArticle 11 – paragraph 3 – subparagraph 2: Member States shall coordinate the timely provision of guidance and ensure consistency between the respective strategic guidance they provide in accordance with this paragraph with a view to supporting the development of international passenger and freight rail services. In the light of Article 8 of Directive 2012/34/EU, Member States shall ensure advance allocation of financial resources for the infrastructure managers for regular maintenance of infrastructure and financial resources for infrastructure development described in the capacity strategy as referred in Article 16 of this Regulation. The Member States shall coordinate their long-term strategic infrastructure and timetable plans, the infrastructure derived from them and the time stages.

RemovedArticle 12 – paragraph 2 – subparagraph 1 – point b a (new): (b a) long distance inter-urban night passenger services;

RemovedArticle 12 – paragraph 4 – point c: (c) capacity needs announcements by operational stakeholders and the input from their consultation in accordance with Article 13;

RemovedArticle 12 – paragraph 6 – subparagraph 1: Strategic capacity planning shall cover the lines part of the TEN-T core and extended core network referred to in Article 6 of and Annex I to [new TEN-T Regulation]. Infrastructure managers may include other lines and nodes of the network they manage. The Member States and the public service authorities may extend the cover to other lines where they deem this to be necessary for the strategic capacity planning.

RemovedArticle 12 – paragraph 6 – subparagraph 2 a (new): Strategic capacity planning shall take account as much as possible of the socio-economic and environmental criteria listed in Article 8 (4) subject to the availability of data to be provided by applicants to the infrastructure manager.

RemovedArticle 12 – paragraph 8 – point b: (b) changes in market demand for rail transport and infrastructure capacity including capacity needs announced by applicants for new or modified services

RemovedArticle 13 – paragraph 2: 2. 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.

RemovedArticle 13 – paragraph 2 a (new): 2a. Throughout the capacity management process, applicants shall be given the possibility to announce their capacity needs in a structured, common way and according to suitable timelines specified by ENIM. Infrastructure managers shall take the utmost efforts to incorporate the announced needs into the strategic capacity planning referred to in Article 11(2). Where infrastructure managers are unable to consider these needs, they shall consult the concerned applicant and together investigate commercially viable alternatives, including via different itineraries or feasible changes on the infrastructure. If such alternatives are not available for all announced capacity needs, the infrastructure managers shall attempt to resolve the potential conflict through the consensual consultation mechanism referred to in Article 36.

RemovedArticle 13 – paragraph 2 b (new): 2b. Infrastructure managers shall consult the regulatory body on strategic capacity planning.

RemovedArticle 14 – paragraph 2: 2. ENIM shall take into account any relevant complaint by 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).

RemovedArticle 15 – paragraph 1: 1. ENRRB, in consultations with the stakeholder advisory groups, shall regularly monitor and analyse transport markets and relevant multimodal aspects in order to inform the work of ENIM and infrastructure managers on 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.

RemovedArticle 15 – paragraph 3 – point c a (new): (ca) if possible, the impact of projected climate change effects both infrastructure and the services provided.

RemovedArticle 15 – paragraph 4: 4. ENIM shall consult applicants, the new consultative bodies established in Article 53 a (new), potential applicants, 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. The stakeholder involvement shall include the possibility for operational stakeholders to give input to the study and to make an independent comment on the result.

RemovedArticle 15 – paragraph 5 a (new): 5a. ENIM shall publish, and make freely accessible, all data for the study and the study itself . The data shall be machine readable.

RemovedThis is important considering the use of public money.

RemovedArticle 16 – paragraph 4: 4. The infrastructure manager shall prepare, publish and include information in the capacity strategy in accordance with the schedule and the contents set out in section 2 of Annex I.

RemovedArticle 16 – paragraph 5: 5. Infrastructure managers shall consult applicants on the capacity strategy in accordance with Article 13 and coordinate capacities strategies with neighbouring infrastructure managers in accordance with Article 14.

RemovedNaturally, infrastructure managers should not be obliged to consult with all other European infrastructure managers, but rather with those that are relevant to their strategy, which are the neighbouring infrastructure managers. This will also reduce administrative burdens and allow for more efficient processes.

RemovedArticle 16 – paragraph 5 a (new): 5a. The infrastructure manager shall submit the capacity strategy to the regulatory body, which - after analysis - shall have the power to require the infrastructure manager to amend it.

RemovedArticle 17 – paragraph 1 – subparagraph 2 a (new): Infrastructure managers shall document and shall be prepared to justify any divergence between the capacity model and announced capacity needs upon request of Regulatory Bodies or applicants.

RemovedDocumentation will allow infrastructure managers to prove in full transparency how they processed different inputs received for the capacity model in a non-biased manner.

RemovedArticle 17 – paragraph 2: 2. 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. Infrastructure managers shall prepare and publish the capacity model for each working timetable period in accordance with the contents and schedule set out in sections 1 and 2 of Annex I.

RemovedArticle 17 – paragraph 3: 3. Infrastructure managers shall document and, where relevant, justify any divergence between the capacity model and the capacity strategy concerning the same working timetable period.

RemovedArticle 17 – paragraph 4: 4. Infrastructure managers shall consult applicants and the regulatory body on the capacity model in accordance with Article 13 and coordinate capacities strategies with neighbouring infrastructure managers in accordance with Article 14.

RemovedArticle 17 – paragraph 4 a (new): 4a. The infrastructure manager shall submit the capacity model to the regulatory body, which - after analysis - shall have the power to require the infrastructure manager to amend it.

RemovedArticle 18 – paragraph 1 – subparagraph 1 – point a: (a) infrastructure capacity available for allocation to applicants in the working timetable and safeguarded for later requests according to Article 33 ;

RemovedArticle 18 – paragraph 7 – subparagraph 1: Infrastructure managers shall include in the capacity supply plan the elements listed in paragraph 6, point (b) for the rail infrastructure that they manage.

RemovedArticle 18 – paragraph 7 – subparagraph 3 a (new): The Member States and the public service authorities may also extend the cover to other lines.

RemovedArticle 18 – paragraph 9: 9. The infrastructure manager shall submit the capacity supply plan to the regulatory body, which shall - after analysis - have the power to require the infrastructure manager to amend the capacity supply plan to a reasonable extent that takes into account: / (a) allocation timelines; / (b) the capacity coordinated by infrastructure managers and offered for multi-network train services; and / (c) the impact on the infrastructure works.

RemovedArticle 19 – paragraph 5: 5. The Commission shall adopt delegated acts in accordance with Article 71 setting out the details of the procedure and criteria to be followed for the application of paragraph 2, in particular for situations which have a potential impact on cross-border traffic.

RemovedThe implementing acts may not be properly framed.

RemovedArticle 20 – paragraph 2: 2. Capacity planning objects shall define the characteristics and properties of different types of pre-planned capacity, including capacity available for requests by applicants, capacity reserved for infrastructure works and capacity already allocated. Those characteristics and properties shall include all aspects relevant for specific types of pre-planned capacity, such as route, timing, guaranteed or required minimum speed, the technical compatibility between rolling stock with infrastructure, segmentation, parameters and number of slots included.

RemovedArticle 20 – paragraph 4: 4. ENIM shall develop and adopt formal specifications for capacity planning objects in human-readable and in machine-readable format. ENIM shall include these specifications in the European framework for capacity management referred to in Article 6. Based on its experience in applying this Article, ENIM, following consultation with European Operational Stakeholder Platform (EOSP), shall provide information to the Commission on possible amendments to the technical specifications on interoperability as provided for by Directive (EU) 2016/797 and the implementing acts adopted under that Directive, in accordance with Article 62(3) of this Regulation.

RemovedArticle 21 – paragraph 8: 8. The procedures to be followed and the criteria to be used where infrastructure is congested shall be set out in the network statement and shall respect any measures and criteria adopted in accordance with paragraph 6.

RemovedArticle 22 – paragraph 1 – subparagraph 3: The capacity analysis shall also include a first indicative set of possible measures to be taken in the short, medium and long term to ease the congestion and increase the availability of capacity. The capacity analysis shall differentiate between measures for highly utilised infrastructure and for congested infrastructure.

RemovedArticle 22 – paragraph 2: 2. The capacity analysis shall consider the characteristics of infrastructure in terms of capacity, capabilities and interoperability, operating procedures, the nature of the different services operating and the effect of all those factors on infrastructure capacity. Measures to be considered shall include in particular rerouting services, including via different networks if applicable, retiming services, speed alterations, harmonisation of operating procedures and infrastructure improvements.

RemovedFacilitation of cross-border re-routing.

RemovedArticle 22 – paragraph 4 – subparagraph 1: Infrastructure managers shall take into account the results of any capacity analysis carried out, including in neighbouring countries, pursuant to this Article in strategic capacity planning, in particular in the capacity strategy, in the capacity model and in the capacity supply plan.

RemovedArticle 23 – paragraph 1 – subparagraph 2 – point d: (d) the options and costs for capacity enhancement, including measures described in Article 22 (2) and likely changes to access charges.

RemovedArticle 23 – paragraph 3 – subparagraph 2 a (new): The Member State shall construct or upgrade the needed infrastructure that is identified as a result of the capacity analysis.

RemovedArticle 26 – paragraph 5: 5. Where an applicant intends to request infrastructure capacity with a view to operating an open access passenger service, in a Member State where the right of access to railway infrastructure is limited in accordance with Article 11 of Directive 2012/34/EU, it shall inform the infrastructure managers and the regulatory bodies concerned no less than 18 months before the entry into force of the working timetable to which the request for capacity relates, in order for infrastructure managers to consider it. In order to enable the regulatory bodies concerned to assess the potential economic impact on existing public service contracts, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service on that route defined in a public service contract, any other interested competent authority with the right to limit access under Article 11 of Directive 2012/34/EU and any railway undertaking performing the public service contract on the route of that passenger service is informed without undue delay and at the latest within 10 days.

RemovedArticle 27 – paragraph 6 – subparagraph 1: The infrastructure manager shall cancel a capacity right which, over a period of at least one month, has been used less than a threshold quota, to be laid down in the network statement, unless this was due to non-economic reasons beyond the applicant's control. ENIM shall consult with the European Operational Stakeholder Platform (EOSP) shall define ranges for the threshold quota and include them in the European framework for capacity management referred to in Article 6. The regulatory body shall monitor the transparent and non-discriminatory application of this paragraph and investigate any complaints received.

RemovedArticle 27 – paragraph 7: 7. Where the infrastructure manager cancels, in accordance with paragraph 6, multi-network capacity rights, it shall inform the regulatory body responsible for that infrastructure manager. That regulatory body shall inform the relevant regulatory bodies and the ENRRB.

RemovedArticle 27 – paragraph 7 a (new): 7a. The infrastructure manager shall be allowed to use the concept of hourly or bi-hourly recurring systematic train paths to maximise capacity. Systematic train paths shall be aligned across borders.

RemovedArticle 28 – paragraph 2 – subparagraph 1 – point a: (a) the appointment of a single point of contact in charge of communication with the applicant in relation to the request for multi-network capacity right, which shall be notified to the applicant without delay after receipt of the request. This shall also apply in the case of cross-border train pairs;

RemovedArticle 28 – paragraph 2 – subparagraph 2: If infrastructure managers fail to appoint a single point of contact, the infrastructure manager on whose network the first place of departure is located shall be responsible to act as the single point of contact for enquiries related to the specific capacity request. Connected or grouped rail services shall have one infrastructure manager as the single point of contact. Such connected or grouped rail services shall be declared in the capacity request.

RemovedArticle 28 – paragraph 3: 3. Infrastructure managers shall allocate capacity rights or refuse requests regarding their networks. In case of denial the applicant may lodge a complaint with the regulatory body in the specified area of responsibility where the respective infrastructure manager falls. Infrastructure managers shall provide capacity rights of equal or higher quality in response to requests for multi-network capacity rights compared to requests for capacity concerning a single network.

RemovedArticle 28 – paragraph 4: 4. As regards the compensation for changes to capacity rights referred to in Article 40, a multi-network capacity right shall be considered as a single capacity right. In particular, a cancellation due to unforeseeable, exceptional and unprovoked events outside the control of one infrastructure manager, which have destructive consequences on their infrastructure, shall apply to the capacity right along the entire route covered by it only if no alternative routing, including across borders, is available.

RemovedArticle 29 – paragraph 5: 5. The operators of service facilities referred to in paragraph 1 shall make available information in real time about the available capacity to the infrastructure manager in a digital format in accordance with Article 62.