Changes from report parliamentary committee draft to report parliamentary committee draft

RemovedArticle 29 – paragraph 5 a (new): 5a. When requesting capacity rights to access a service facility, applicants must document the agreement of the service facility owner to accommodate their vehicles.

RemovedArticle 29 – paragraph 7: 7. The ENRRB shall monitor the application of paragraph 6 and shall provide recommendations on the criteria to be used in assessing the requests for exemptions.

RemovedArticle 29 – paragraph 7 a (new): 7a. Infrastructure managers shall inform the regulatory body of all capacity requests received that did not fit the parameters of the available capacity as defined in the capacity supply plan, and hence were refused. On the basis of this information, the regulatory body shall issue an opinion at least every two years, which may recommend to the infrastructure manager to amend the capacity model.

RemovedArticle 30 – paragraph 2: 2. Infrastructure managers shall update the working timetable at regular intervals until the end of the working timetable period, taking into account capacity allocated through the rolling planning process referred to in Article 33, capacity allocated through the ad hoc process referred to in Article 34, changes to capacity rights in accordance with Article 39 and rescheduling in the context of disruption management and crisis management in accordance with Article 41.

RemovedArticle 31 – paragraph 1 – subparagraph 3: Framework agreements are to be approved by the regulatory body or, if they concern capacity over more than one Member State, by the ENRRB.

RemovedArticle 31 – paragraph 3: 3. Infrastructure managers shall conclude framework agreements only where the capacity right requested is consistent with the planning documents of the strategic capacity planning referred to in Article 11(2). Infrastructure managers shall indicate the capacity that they plan to reserve for allocation through framework agreements in these planning documents. Infrastructure managers may group systematic train paths into bundles (packages) of hourly, two-hourly or half-hourly train paths taking into account strategic guidance on the utilisation of infrastructure capacity provided by Member States in accordance with Article 11(3). For each such package, one single framework contract for the whole bundle is possible.

RemovedArticle 31 – paragraph 3 a (new): 3a. Within the European framework for capacity management provided for in Article 6 and following the publication of the capacity strategy in accordance with Article 16, requests for framework agreements can be submitted following a deadline set by ENIM in consultation with EOSP and including consultative input also from ministries. Requests for framework agreements submitted until this deadline shall be prioritised over requests for framework agreements submitted later. The European framework for capacity management shall provide prioritisation criteria for the event of two or more applicants submitting requests for framework agreements concerning the same capacity according to the capacity strategy.

RemovedArticle 31 – paragraph 4: 4. Framework agreements shall not be such as to preclude the use of the relevant infrastructure by other applicants or services. For this purpose, infrastructure managers shall set the maximum shares of total capacity that can be allocated through framework agreements and include these in the network statement. Infrastructure managers of neighbouring countries who have concluded cross-border framework agreements shall align these thresholds and make them as consistent as possible.

RemovedArticle 31 – paragraph 5: 5. Framework agreements shall allow for the amendment of their terms to enable reaching the modal share indicated in the Green Deal and the Sustainable and Smart Mobility Strategy to be made of the railway infrastructure, without prejudice to Article 39 and Article 40.

RemovedArticle 31 – paragraph 11: 11. Based on the experience of regulatory bodies, competent authorities and railway undertakings and based on the activities of the ENRRB, the Commission shall adopt a delegated act in accordance with Article 71 setting out the details of the procedure and criteria to be followed for the uniform application of this Article and of Article 33.

RemovedThe implementing acts may not be properly framed.

RemovedArticle 32 – paragraph 3: 3. In the event of a conflict between two or more capacity requests, or in the event that requests do not comply with the capacity supply plan, the infrastructure managers shall first attempt to resolve the conflict through the consensual consultation mechanism referred to in Article 36.

RemovedBy adding this it is made clear that requests not fitting to the capacity supply plan have to be discussed and that refusing without any further explanation is impossible.

RemovedArticle 32 – paragraph 5 – subparagraph 3: When refusing requests not consistent with the capacity supply plan, the infrastructure manager shall, without delay, inform the applicant concerned of its intention to refuse a request and shall, if capacity is available, provide an alternative solution which complies as much as possible with applicants’ requirements. The latter shall have the right to lodge a complaint with the regulatory body.

RemovedArticle 33 – paragraph 3: 3. Without prejudice to Article 18, infrastructure managers shall allocate capacity reserved for the rolling planning allocation process on the basis of the allocation principle set out in section 6, point 2 of Annex I.

RemovedArticle 35 – paragraph 4 – subparagraph 1: If the scheduling of a capacity restriction resulting from infrastructure works requires a change to an allocated capacity right within the meaning of Article 39, the infrastructure manager concerned shall do its utmost to provide the applicants concerned with alternative capacity.

RemovedArticle 35 – paragraph 6: 6. Infrastructure managers shall include all capacity restrictions, in accordance with Annex I point 1 and 3. 1, resulting from infrastructure works in the capacity model and in the capacity supply plan, irrespective of the moment when they are scheduled.

RemovedArticle 36 – paragraph 1: 1. Where in the context of simultaneous capacity allocation the infrastructure manager encounters conflicts between different requests for infrastructure capacity, it shall attempt to ensure the best possible matching in terms of the Green Deal objectives and decarbonisation targets of all requirements, through coordination of the requests.

RemovedArticle 36 – paragraph 1 a (new): 1a. For this purpose, the infrastructure manager shall distinguish in the context of conflict resolution 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. / In line with the provisions about strategic capacity planning, the strategic timetabling should be superior to other criteria and mechanisms of conflict resolution.

RemovedArticle 36 – paragraph 6: 6. Without prejudice to the existing appeal procedures and to Article 56 of Directive 2012/34/EU, in the event of disputes relating to the allocation of infrastructure capacity and following a proposal by ENRRB, Member States shall ensure that a dispute resolution system is made available at common timelines in order to resolve such disputes promptly. That system shall be set out in the European framework for capacity management referred to in Article 6 and published in the network statement for capacity requests. If this system is applied, a decision shall be reached within a time limit of 10 working days.

RemovedArticle 37 – paragraph 3 a (new): 3a. In this respect, the ENRRB shall compile guidelines to ensure the harmonised application of Article 3.

RemovedArticle 39 – paragraph 1 – subparagraph 1: Infrastructure managers may change capacity rights allocated to an applicant on their own initiative only in cases of capacity restrictions, network disruptions and crisis situations. Applicants may request changes to allocated capacity at all times. A cancellation shall be considered a specific type of change.

RemovedArticle 39 – paragraph 3 – subparagraph 2: Infrastructure managers shall provide information on the time necessary to construct a train path in the network statement. This time shall not be longer than the deadlines indicated in section 8 of Annex I.

RemovedThe separations of domestic and international capacity will not contribute to a balanced optimisation across Europe.

RemovedArticle 39 – paragraph 7 – subparagraph 2: The infrastructure manager shall offer alternative capacity rights to the applicant within the deadlines set out in section 8 of Annex I. Where no alternative offer is feasible in accordance with Article 32 (5) and Article 33 (4), the infrastructure manager(s) shall provide the applicant with relevant information enabling the applicant to place a new request for infrastructure capacity. Where relevant, that information shall make reference to the capacity supply plan referred to in Article 18 and the contingency planning referred to in Article 19.

RemovedArticle 39 – paragraph 8 a (new): 8a. In the case of integrated clock-face timetables, the allocated train paths shall correspond to the capacity specification in the framework agreement and any change shall be considered to be a major change if it leads to the loss of interchange connections.

RemovedArticle 40 – paragraph 2: 2. The compensation referred to in paragraph 1 shall not be due in cases where an unforeseeable, exceptional and unprovoked event outside the control of one or more infrastructure managers, which have destructive consequences on their infrastructure, and where it is not possible to offer an alternative, including a cross border alternative.

RemovedArticle 40 – paragraph 4 – subparagraph 2: Following a proposal by the infrastructure manager and after consulting applicants the regulatory body shall set the levels of compensation to be paid by the infrastructure manager. The infrastructure manager shall publish that information in the network statement.

RemovedArticle 40 – paragraph 7: 7. The Commission shall adopt delegated acts in accordance with Article 71 setting out the conditions giving rise to the payment of compensations, the categorisation of changes to capacity rights and the methodologies to set the levels of compensation.

RemovedThe implementing acts may not be properly framed.

RemovedArticle 41 – paragraph 3: 3. When rescheduling, infrastructure managers shall not unilaterally change or cancel existing capacity rights for the purpose of managing disruptions. However, based on the experience of regulatory bodies, infrastructure managers and railway undertakings and on the activities of ENIM and the ENRRB, the Commission shall adopt a delegated act in accordance with Article 71 setting out the criteria and procedures for rescheduling, including unilateral changes to allocated capacity rights by infrastructure managers for the purpose of managing network disruptions.

RemovedThe implementing acts may not be properly framed.

RemovedArticle 41 – paragraph 4: 4. Infrastructure managers and applicants shall, together, define measures providing for a replacement of certain capacity rights in the event of a network disruption. These measures shall be mentioned in the contingency plan referred to in Article 19.

RemovedArticle 42 – paragraph 2 a (new): 2a. The special rules and procedures referred to in paragraph 2 shall be published infrastructure managers, shall be freely accessible and shall be notified to the Commission.

RemovedArticle 42 – paragraph 3 – subparagraph 2 – point c a (new): (ca) be allowed to make cross-company dispositional decisions, provided that such decisions have been previously agreed for specific scenarios.

RemovedArticle 43 – paragraph 3: 3. In the event of a disruption to train movements caused by technical failure or accident, the infrastructure manager shall, without delay, take all necessary steps to restore the situation to normal. To that end, it shall implement a contingency plan in accordance with Article 19. In the event of a disturbance which has a potential impact on cross-border traffic, the infrastructure managers concerned shall cooperate with each other to restore the cross-border traffic to normal in accordance with the European framework for the coordination of traffic, disruption and crisis management referred to in Article 44.

RemovedArticle 43 – paragraph 4 – subparagraph 1 a (new): Deviations should only be allowed on reasonable grounds and should be approved by ENRRB.

RemovedArticle 43 – paragraph 5 – subparagraph 1: In cases of force majeure, and, where absolutely necessary, on account of an incident making the infrastructure temporarily unusable, allocated capacity rights may be withdrawn without warning for as long as is necessary to repair the system whilst at the same time making all efforts to provide possible alternatives.

RemovedArticle 43 – paragraph 5 a (new): 5a. In the case of a capacity withdrawal, infrastructure managers shall inform railway undertakings closely on their time management, on progress of repairs and on possible alternatives to their allocated capacity.

RemovedArticle 45 – paragraph 2 – point c: (c) an efficient exchange of up-to-date and relevant information between infrastructure managers, applicants, railway undertakings and other operational stakeholders, as well as any EU-level relevant crisis management governance structures as appropriate, including in accordance with Article 62. This coordination on the Union level should take place between task forces within infrastructure managers and include a consultation with ENRRB; these task forces are to interact and coordinate between them.

RemovedArticle 49 – paragraph 2: 2. For this purpose, infrastructure managers shall propose their own performance targets in the plan referred to in Article 8(3) of Directive 2012/34/EU, taking into account any objectives set out in the contractual agreements referred to in Article 30 of that Directive. The infrastructure managers shall consult regulators, as well as their national ministries and the Commission in order to assure that the targets set are consensually accepted as consistent with the policies and ambitions of the Union. They shall put in place and perform procedures to monitor and report on progress towards the achievement of the targets, to identify the causes of performance deficiencies with operational stakeholders and to design and implement remedial measures to improve performance. These procedures shall take into account the European framework for performance review referred to in Article 50 of this Regulation. Infrastructure managers shall explain in the network statement the reason for any deviation from the common procedures established in the European framework for performance review. Deviations should only be allowed on reasonable grounds and should be approved by ENRRB.

RemovedArticle 49 – paragraph 3 a (new): 3a. ENIM shall publish the performance review and the data that was used for it.

RemovedArticle 50 – paragraph 1: 1. ENRRB shall set up and implement by [12 months after the entry into force of this Regulation] a European framework for the review of performance. This framework shall take into account in particular the principles defined in Article 2(3), Article 8(4), Article 42(3) and the operational requirements, the performance objectives and target values set out in [Article 18 of the new TEN-T Regulation].

RemovedThere is a need for separation of power between ENIM and the body carrying out performance reviews. The role of performance review should lie with ENRRB.

RemovedArticle 50 – paragraph 3: 3. On the basis of paragraph 2, point (d), ENRRB shall regularly review the European framework for performance review and the results of its implementation and shall propose appropriate changes to the framework.

RemovedArticle 50 – paragraph 5: 5. The Commission may adopt implementing acts, setting out uniform conditions for the application of the elements in paragraph 2, points (b) to (d), in accordance with the advisory procedure referred to in Article 72(2). In doing so, the Commission shall take into account the work done by ENRRB in accordance with paragraph 3 and any recommendations of the performance review body.

RemovedClarification that the nature of the implementing acts only relates to executing and implementing powers, not supplementing powers.

RemovedArticle 51 – paragraph 1: 1. Without prejudice to Article 15 of Directive 2012/34/EU and Article 3 of Commission Implementing Regulation (EU) 2015/110023, ENRRB shall prepare and publish by [24 months after the entry into force of this Regulation] a European performance review report on the basis of the European framework for performance review referred to in Article 50 of this Regulation and publish it every year.

RemovedArticle 51 – paragraph 2: 2. The Performance Review Body shall prepare a self-standing section of the report providing its assessment of the performance of rail infrastructure services and rail transport services, disagreements raised and recommendations on performance issues, including measures to improve performance, shall be included within the next upcoming programme in accordance with Article 55(8).

RemovedThe performance review board should also supervise the work of ENIM, not only the performance of traffics and make suggestions for improvement.

RemovedArticle 51 – paragraph 4: 4. The performance review report shall include a dedicated section on the performance of coordination between infrastructure managers in accordance with Article 53 and on the consultation mechanism referred to in Article 54 of this Regulation. The performance review body shall provide recommendations on measures to improve coordination between infrastructure managers and also between infrastructure managers and consulted parties as referred to in Article 55a(new).

RemovedArticle 52 – paragraph 1: 1. In accordance with the procedure referred to in Article 72(3), the Commission shall set up or designate an impartial and competent body to act as a Performance Review Body.

RemovedArticle 53 – paragraph 1: 1. When reference is made to this Article, infrastructure managers shall coordinate between themselves and with other relevant stakeholders as referred to in Article 55a (new), in relation to the responsibilities and tasks entrusted to them in this Regulation.

RemovedArticle 53 – paragraph 3 – subparagraph 2 a (new): The Member States and the public service authorities can extend the cover to other lines.

RemovedArticle 54 – paragraph 1: 1. ENIM shall 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 of the European Parliament and of the Council1 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 process shall be developed and implemented with the support of the Network Coordinator and with the involvement of the designated focal points of infrastructure managers referred to in Article 60. / 1 Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, p. 1).

RemovedArticle 54 – paragraph 2: 2. Where ENIM adopts an opinion or a recommendation likely to have an impact on railway undertakings, other applicants, advisory groups as established in Article 55a (new), 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.

RemovedArticle 54 – paragraph 3: 3. 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 justify its reasons for doing so.

RemovedArticle 55 – paragraph 2: 2. 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], shall be members of ENIM. They shall appoint a representative and an alternate. Rail infrastructure managers and allocation bodies of third countries which are responsible for lines that form part of the core and extended core TEN-T network shall be allowed to join ENIM.

RemovedArticle 55 – paragraph 8: 8. ENIM shall define its work programme. The work programme shall cover at least a period of two years. ENIM shall consult advisory groups as established in Article 55 a (new) 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

RemovedArticle 55 a (new): Article 55a / Consultative bodies to ENIM / 1. ENIM shall set up and consult with the European Operational Stakeholder Platform (EOSP) that groups all operational stakeholders as defined in Article 4 in the development of the European Frameworks for Capacity Management, Traffic Management and Performance Management. They may issue an opinion on any proposal by ENIM which has consequences for these undertakings. It may also issue own-initiative opinions. / 2. ENIM shall set up an advisory group made up of operators of service facilities and terminals linking to the extended TEN-T Network including, where necessary, multimodal capacity stakeholder like sea and inland waterway ports and owners of other rail-related service facilities. This advisory group may issue an opinion on any proposal by ENIM which has direct consequences for investment and the management of terminals. It may also issue own-initiative opinions. / 3. ENIM may invite rail industry to attend consultative groups and discussions to enable better information and preparedness. / 4. ENIM shall draw up and publish guidelines for coordinating the consultation with the above groups and shall publish on its website an overview of the activities undertaken pursuant to this article. / 5. Consultations under this Article shall be without prejudice to the right of applicants to appeal decisions by ENIM.