Changes from report parliamentary committee draft to plenary report

AddedArticle 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 rolling period of at least five years via the multiannual performance agreement in order to support infrastructure managers to prevent the degrading of rail infrastructure and to minimise the impact on possible capacity restrictions. The annual budget available to infrastructure managers shall be made transparent to the infrastructure manager and be reliably allocated.

AddedArticle 10 – paragraph 2 – subparagraph 2 a (new): The funding provided by the Member State to the infrastructure manager shall aim at establishing such balance. The information needed for the infrastructure manager to comply with this provision shall be provided by applicants in a timely manner.

AddedArticle 10 – paragraph 2 – subparagraph 2 b (new): The funding provided by the Member State to the infrastructure manager shall aim at establishing such balance. The information needed for the infrastructure manager to comply with this provision shall be provided by applicants in a timely manner

AddedArticle 10 – paragraph 3: 3. The infrastructure managers shall consult applicants on the infrastructure works in the context of the coordination mechanisms referred to in Article 7e of Directive 2012/34/EU and, as regards cross-border rail services, in accordance with Article 54 of this Regulation.

AddedArticle 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 various applicants.

AddedArticle 10 – paragraph 5 – subparagraph 2 a (new): The rail freight governance shall submit a recommendation on the coordination of works to its respective infrastructure managers three months prior to the period as defined in paragraph 4.

AddedArticle 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 official language of the Member State and in English.

AddedArticle 11 – paragraph 2 – subparagraph 4: The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend sections 1 and 2 of Annex I, to ensure an efficient strategic planning process and reflect the operational concerns of infrastructure managers and applicants, taking into account a recommendation from ERA and the experience of ENIM, infrastructure managers, applicants and other operational stakeholders, regulatory bodies and the ENRRB in implementing this section.

AddedArticle 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 a timely manner to allow infrastructure managers and operational stakeholders to follow the deadlines set out in Annex I of this Regulation. That guidance may cover/contain in particular:

AddedArticle 11 – paragraph 3 – subparagraph 1 – point b: (b) an outlook on the development of rail infrastructure, taking into account relevant plans, including long-term strategic infrastructure plans and strategies at national or regional level and the work plans of the European Transport Corridors referred to in Article 54 of Regulation (EU) 2024/... of the European Parliament and of the Council1a [new TEN-T Regulation]; / 1a Regulation (EU) 2024/... of the European Parliament and of the Council of ...on Union guidelines for the development of the trans-European transport network, amending Regulations (EU) 2021/1153 and (EU) No 913/2010 and repealing Regulation (EU) No 1315/2013 (OJ...).

AddedArticle 11 – paragraph 3 – subparagraph 2: Member States shall coordinate the timely provision of guidance to 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. With a view to 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, their infrastructure development based on these plans and coordinate the timelines of their implementation.

AddedArticle 11 – paragraph 4 a (new): 4 a. Taking into account experiences with the preparation and implementation of the strategic guidance referred to in paragraph 3, the Commission may adopt delegated acts in accordance with Article 71 to set out the specific legal status, template, procedures, criteria and methodologies to be applied for adopting national strategic guidance to ensure consistency between those strategic guidances issued by Member State, which are necessary to support the development of international rail freight and passenger services.

AddedArticle 12 – paragraph 2 – subparagraph 2: If necessary, in the light of experience gained in the implementation of this Regulation, ENIM in cooperation with ERP may define a more detailed list which further differentiates between types of rail transport services. With a view to supporting the cross-border consistency of the strategic planning process, a harmonised list shall be included in the European framework for capacity management referred to in Article 6.

AddedArticle 12 – paragraph 4 – point c: (c) the capacity needs announced by operational stakeholders and the input from the consultation of current and potential applicants in accordance with Article 13;

AddedArticle 12 – paragraph 4 – point f a (new): (f a) as far as possible, the socio-economic and environmental impact of the use of infrastructure capacity.

AddedArticle 12 – paragraph 6 – subparagraph 1: Strategic capacity planning shall cover the Single European Railway Area.

AddedArticle 12 – paragraph 8 – point b: (b) changes in market demand for infrastructure capacity taking into account needs announced by applicants for new or modified services;

AddedArticle 12 – paragraph 9: 9. By... [12 months of the entry into force of this Regulation], ENIM shall develop guidelines setting out common principles, procedures and methodologies for strategic capacity planning. It shall include those guidelines in the European framework for capacity management referred to in Article 6 of this Regulation. Those guidelines should contain at least the elements listed in Annex III to this Regulation. The infrastructure managers shall take the utmost account of those guidelines in the network statement referred to in Article 27 of Directive 2012/34/EU. They shall explain in the network statement the reason for any deviation from the common principles, procedures and methodologies established in the guidelines.

AddedArticle 12 – paragraph 9 a (new): 9 a. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out common principles, procedures and methodologies for strategic capacity planning and to amend paragraph 9 of this Article. Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation]. They shall be included in the European framework for capacity management.

AddedArticle 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.

AddedArticle 13 – paragraph 2 a (new): 2 a. 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.

AddedArticle 13 – paragraph 2 b (new): 2 b. The regulatory body shall monitor the activities of the infrastructure manager in strategic capacity planning in accordance with Article 63.

AddedArticle 14 – paragraph 1 – subparagraph 2 – point d: (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.

AddedArticle 14 – paragraph 3 a (new): 3 a. 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).

AddedArticle 15 – paragraph 1: 1. 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.

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

AddedArticle 15 – paragraph 4: 4. 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.

AddedArticle 15 – paragraph 5 a (new): 5 a. All data for the study and the study itself shall be published and freely accessible. The data shall be machine readable.

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

AddedArticle 16 – paragraph 5: 5. 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.

AddedArticle 16 – paragraph 5 a (new): 5 a. 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.

AddedArticle 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. 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 update the capacity model when needed in accordance with the contents and schedule set out in sections 1 and 2 of Annex I.

AddedArticle 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. The capacity strategy does not have to be updated in case the capacity model was already published for the same timetable period.

AddedArticle 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 other infrastructure managers concerned in accordance with Article 14.

AddedArticle 17 – paragraph 4 a (new): 4 a. 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.

AddedArticle 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, including service facilities; ;

AddedArticle 18 – paragraph 4: 4. 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.

AddedArticle 18 – paragraph 7 – subparagraph 2: Infrastructure managers shall include in the capacity supply plan all elements listed in paragraph 6 and ensure coherence with the capacity strategy.

AddedArticle 18 – paragraph 9: 9. The infrastructure manager shall submit the draft capacity supply plan to the regulatory body for scrutiny two months before the publication. The regulatory body shall analyse this plan and may take a decision no later than one month before publication, requiring the infrastructure manager to amend the capacity supply plan.

AddedArticle 18 – paragraph 9 a (new): 9 a. With a view to ensuring the cross-border consistency of capacity supply plans, the decision of the regulatory body shall take into account, where relevant, any opinion or recommendation by ENRRB, ERA or by other regulatory bodies.

AddedArticle 18 – paragraph 10 – introductory part: 10. By ... [12 months of the entry into force of this Regulation], and in consultation with ERP, ENIM shall adopt guidelines and include them in the European framework for capacity management referred to in Article 6, setting out the following:

AddedArticle 18 – paragraph 10 a (new): 10 a. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out common principles, procedures and methodologies for the guidelines referred to in paragraph 10 of this Article and to amend paragraph 10 of this Article. Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation]. They shall be included in the European framework for capacity management.

AddedArticle 19 – paragraph 2 – point a: (a) the designation of alternative routes allowing to re-route traffic in the event of non-availability of a line;

AddedArticle 19 – paragraph 5: 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out the details of the procedure and criteria to be followed for the application of paragraph 2 of this Article, in particular for situations which have a potential impact on cross-border traffic. These delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation],

AddedArticle 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, parameters and number of train runs included.

AddedArticle 20 – paragraph 3: 3. By .. [12 months of the entry into force of this Regulation] and in consultation with ERP, ENIM shall develop a common framework for the criteria and procedures referred to in paragraph 1 of this Article and include it in the European framework for capacity management referred to in Article 6. That common framework shall balance the benefits of reserving capacity for specific types of rail services or allocation processes with the need to ensuring flexibility to accommodate market needs in capacity allocation. For that purpose, the common framework shall provide for the possibility of taking into account requests for capacity rights not consistent with pre-planned capacity in the context of the consensual conflict resolution mechanism referred to in Article 36.

AddedArticle 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 of this Regulation. Based on its experience in applying this Article, ENIM, following consultation with ERP 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.

AddedArticle 20 – paragraph 4 a (new): 4 a. The Commission shall be empowered to, adopt delegated acts in accordance with Article 71 to set out the details of the procedure and criteria to be followed for the application of paragraph 1 of this Article, in particular for situations which have a potential impact on cross-border traffic, and to amend paragraph 1 of this Article. Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation].

AddedArticle 21 – paragraph 3: 3. Conflicting individual capacity requests submitted for allocation during the working timetable period shall not be a ground for declaring an element of infrastructure to be highly utilised or congested unless the conditions set in paragraph 1 are met.

AddedArticle 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.

AddedArticle 21 – paragraph 9: 9. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend Annex II, to ensure an efficient management of capacity on highly utilised and congested infrastructure and reflect the operational concerns of infrastructure managers and applicants, taking into account the experience of ENIM, infrastructure managers, applicants and other operational stakeholders, regulatory bodies and the ENRRB in implementing this Article.

AddedArticle 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.

AddedArticle 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.

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

AddedArticle 23 – paragraph 1 – subparagraph 1: For infrastructure declared to be congested in accordance with Article 21 and within six months of the completion of a capacity analysis in accordance with Article 22, the infrastructure manager shall establish a capacity-enhancement plan.

AddedArticle 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.

AddedArticle 23 – paragraph 3 – subparagraph 2 a (new): On the basis of a capacity analysis, the Member State shall construct or upgrade the infrastructure needed.

AddedArticle 25 – paragraph 2 – subparagraph 1: When partitioning infrastructure capacity declared to be congested pursuant to paragraph 1, the infrastructure manager shall act in accordance with Article 8.

AddedArticle 25 – paragraph 2 – subparagraph 1 a (new): By ... [24 months of the entry into force of this Regulation], where partitioning infrastructure capacity was declared to be highly utilised pursuant to paragraph 1 of this Article, the infrastructure manager shall act in accordance with Article 8.

AddedArticle 25 – paragraph 2 – subparagraph 2: The infrastructure manager shall take into account the need for capacity for multi-network rail services, especially international rail freight services.