Changes from report parliamentary committee draft to plenary report

AddedArticle 27 – paragraph 2 – subparagraph 1: Applicants shall request multi-network capacity rights, and shall receive answers to such requests, in a single place and in a single operation as provided for in paragraph 4 of this Article. Infrastructure managers shall cooperate in the allocation of capacity for multi-network rail services, including in particular international rail freight services and international rail passenger services.

AddedArticle 27 – paragraph 3: 3. Infrastructure managers shall respect the commercial confidentiality of information provided to them, especially in the case of vertically integrated railway companies. Information such as the specific line subject to the request, their number, or their frequency shall be considered as confidential.

AddedArticle 27 – paragraph 4 – subparagraph 2: For multi-network capacity rights, ENIM shall, upon approval of compliance with TSIs by ERA and by ... [12 months from the date of entry into force of this Regulation], establish a one-stop-shop in a single interface or a common system developed in accordance with Article 62. Infrastructure managers shall use that single interface to manage capacity allocation in a single place and operation. 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.

AddedArticle 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 ERP to define ranges for the threshold quota and include them in the European framework for capacity management referred to in Article 6.

AddedArticle 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.

AddedArticle 27 – paragraph 7 a (new): 7 a. The infrastructure manager shall be allowed to use, where relevant, specific timetabling approaches. If the infrastructure manager decides to pre-plan capacity by using systematic train paths with cross-border relevance, the infrastructure manager shall coordinate with neighbouring infrastructure managers and other concerned infrastructure managers concerned to find mutually agreed solutions for cross-border traffic. Regardless of the national choice Member States follow for their timetabling, infrastructure managers shall ensure a balanced, fair and non-discriminatory allocation of train paths. As regards the compensation for changes to capacity rights referred to in Article 40 that also involve systematic train paths, its value shall be set at least 1, 25 times the value defined for non-systematic train paths according to the process laid out in Article 40.

AddedArticle 27 – paragraph 7 b (new): 7 b. 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, regardless of whether they were accepted or refused. On the basis of this information, the regulatory body shall issue an opinion at least every two years, in which it may recommend to the infrastructure manager to amend the capacity model.

AddedArticle 28 – paragraph 2 – subparagraph 1 – point a: (a) the appointment of a one-stop shop, as referred to in Article 27(4), in charge of communication with the applicant in relation to each 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 which are international train services to and from a destination in another Member State;

AddedArticle 28 – paragraph 5: 5. By ... [24 months of the entry into force of this Regulation] and in consultation with ERP, ENIM shall define the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b) and include them in the European framework for capacity management referred to in Article 6.

AddedArticle 28 – paragraph 5 a (new): 5 a. The Commission shall, by ... [24 months of the entry into force of this Regulation], adopt implementing acts to set out the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b) and to amend paragraph 5 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) They shall be included in the European framework for capacity management.

AddedArticle 29 – paragraph 1: 1. Operators of service facilities that provide indicative information on available service facility capacity in accordance with Article 6(3) of Commission Implementing Regulation (EU) 2017/217722 shall cooperate with infrastructure managers for the purpose of the latter offering train paths that include service facility capacity. Other operators of service facilities may enter into an agreement with infrastructure managers for the joint provision of capacity.

AddedArticle 29 – paragraph 3: 3. Infrastructure managers shall ensure that applicants can request in one place established in accordance with Article 27( 4), the operation capacity rights on railway infrastructure and in the service facilities referred to in paragraph 1.

AddedArticle 29 – paragraph 4: 4. For the purpose of paragraph 3, infrastructure managers and operators of service facilities operators shall coordinate the capacity and shall provide capacity rights including capacity in the service facility that meets the requirements of the applicant or shall make an effort to provide a viable alternative.

AddedArticle 29 – paragraph 5: 5. The operators of impacted 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.

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

AddedArticle 29 – paragraph 6: 6. For the purpose of this Article and in accordance with Article 62, ENIM shall, upon approval by ERA and by ... [24 months of the entry into force of this Regulation], provide guidelines on the functional and technical requirements for the exchange of information between the operators of service facilities and infrastructure managers. Without prejudice to Article 2 of Implementing Regulation (EU) 2017/2177, operators of service facilities may request to be exempted from the application of this Article. Such requests shall be submitted to the regulatory body and be duly substantiated. Regulatory bodies may decide to extend an exemption in duly justified cases.

AddedArticle 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.

AddedArticle 29 – paragraph 7 a (new): 7 a. 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 were therefore refused. On the basis of this information, the regulatory body shall issue an opinion at least every two years, in which it may recommend to the infrastructure manager to amend the capacity model.

AddedArticle 29 – paragraph 7 b (new): 7 b. The Commission shall adopt, by ... [24 months of the entry into force of this Regulation], implementing acts to set out details on the functional and technical requirements for the exchange of information between the operators of rail facilities and infrastructure managers for the purposes of this Article and to amend paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3).

AddedArticle 30 – paragraph 2: 2. Infrastructure managers shall at regular intervals update the working timetable 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.

AddedArticle 31 – paragraph 1 – subparagraph 3 a (new): Framework agreements shall be notified to the regulatory body and shall be approved by it. In the case of multi-network framework agreements, the approval shall take into account the opinion of the ENRRB.

AddedArticle 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, after consultation with the neighbouring networks, shall indicate the capacity that they plan to reserve for allocation through framework agreements in these planning documents.

AddedArticle 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, after consultation with the regulatory body, 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 maximum shares of total capacity and make them as consistent as possible.

AddedArticle 31 – paragraph 7: 7. Framework agreements shall, in principle, cover the period indicated in section 5 of Annex I. The infrastructure manager may agree to a shorter or longer period in specific cases. Any period longer than the period indicated in section 5 of Annex I shall be justified by the requirement of dedicated investments by new entrants or by the substantial novelty of the service.

AddedArticle 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, by... [24 months of the entry into force of this Regulation], adopt an implementing act to set out the details of the procedure and criteria to be followed for the uniform application of this Article and of Article 33 and to amend this Article and in Article 33. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3).

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

AddedArticle 32 – paragraph 5 – subparagraph 1: In accordance with Article 18 and Article 20, the infrastructure manager shall give priority to requests that are consistent with the pre-planned capacity defined in the capacity supply plan, provided operational stakeholders had been duly consulted and their announcements of capacity had been taken into account to the utmost extent.

AddedArticle 32 – paragraph 5 – subparagraph 2: When accepting requests not consistent with the capacity supply plan, the infrastructure manager shall aim to maintain the overall balance between the elements of the capacity supply plan listed in Article 18(6) and the request itself. These applications are to be taken into account if there is enough free capacity available without restricting the needs for subsequent applications.

AddedArticle 32 – paragraph 5 – subparagraph 3: When processing requests not consistent with the capacity supply plan, the infrastructure manager should offer an alternative and, where time-wise possible, preceded by consultation with the applicants concerned. If no alternative offer is possible when refusing a request, the infrastructure manager shall, without delay, inform the applicant concerned of its intention to refuse a request. The latter shall have the right to lodge a complaint with the regulatory body.

AddedArticle 32 – paragraph 8: 8. The infrastructure manager shall consider requests submitted after the initial deadline and prior to the final deadline set out in section 4 of Annex I. In such cases, the infrastructure managers shall allocate capacity rights in accordance with section 4, point 2 of Annex I.

AddedArticle 33 – paragraph 1: 1. Infrastructure managers shall allocate capacity through the rolling planning process in accordance with the deadlines set out in section 6 of Annex I. Infrastructure managers shall reserve capacity for this purpose in the capacity supply plan referred to in Article 18.

AddedArticle 33 – paragraph 2 – subparagraph 1 – point b: (b) capacity specifications for all running days beyond the working timetable period comprising the first day included in the request for a maximum period specified in section 6 of Annex I.

AddedArticle 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.

AddedArticle 33 – paragraph 4: 4. In accordance with the rules and procedures set out in Article 20, infrastructure managers shall try their utmost to offer alternative capacity for rolling planning requests if requests are inconsistent with the capacity supply plan adopted in accordance with Article 18. If it is not possible to offer an alternative, the infrastructure manager may refuse to allocate capacity to such inconsistent request. The applicant shall have the right to lodge a complaint with the regulatory body.

AddedArticle 33 – paragraph 5: 5. Delete

AddedArticle 36 – paragraph 8: 8. By ... [24 months of the entry into force of this Regulation] and after following consultation with ERP, ENIM shall prepare guidelines for the consensual conflict resolution mechanism for multi-network capacity requests and include them in the European framework for capacity management referred to in Article 6.

AddedArticle 36 – paragraph 8 a (new): 8 a. The Commission shall, by [24 months after the entry into force of this Regulation], adopt an implementing act to set out the details of the procedure and criteria to be followed for the consensual conflict resolution mechanism for multi-network capacity requests and to amend paragraph 8 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3). They shall be included in the European framework for capacity management.

AddedArticle 37 – paragraph 2: 2. In the context of the formal conflict resolution mechanism, requests for multi-network capacity rights shall be taken into consideration in their entirety. If, in accordance with Article 8(6), different national parameters apply, those parameters shall be used for the respective sections.

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

AddedArticle 39 – paragraph 4 a (new): 4 a. In the cases where capacity is reserved but not used, a compensation payment shall apply in accordance to Article 40.

AddedArticle 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.

AddedArticle 39 – paragraph 8 – subparagraph 1: By ... [12 months of the entry into force of this Regulation], ENIM shall prepare and adopt harmonised procedures to manage changes to capacity rights after allocation and include them in the European framework for capacity management referred to in Article 6.

AddedArticle 39 – paragraph 8 a (new): 8 a. The Commission shall be empowered to adopt, delegated acts in accordance with Article 71 to set out rules and procedures to manage changes to capacity rights after allocation and to amend paragraph 8 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 40 – paragraph 3: 3. Following a consultation of the ENRRB and ERP, ENIM shall, by [12 months of the entry into force of this Regulation], define harmonised conditions giving rise to compensation. Those conditions shall take into account the rules set out in Article 39(4) and (8). ENIM shall include these conditions in the European framework for capacity management referred to in Article 6. The ENRRB shall publish an opinion on the conditions defined by ENIM.

AddedArticle 40 – paragraph 6: 6. Regulatory bodies shall decide on disputes related to the reason for the change to a capacity right or delays in the payment of the compensation and shall take a decision without delay and within one month of collecting all the necessary information to assess the cause of the change. Regulatory bodies shall inform and may consult the ENRRB on such decisions. The ENRRB shall ensure that such decisions are coherent and based on commonly recognized principles.

AddedArticle 40 – paragraph 7: 7. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set 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 and to amend paragraph 2 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 41 – paragraph 2 – subparagraph 1: By... [12 months of the entry into force of this Regulation], ENIM shall develop and adopt guidelines for managing and allocating infrastructure capacity in the event of a network disruption in a transparent and non-discriminatory way. In particular, ENIM shall provide guidelines on the application of the simultaneous capacity allocation process and the first come, first served principle.

AddedArticle 41 – paragraph 2 – subparagraph 2: Where the simultaneous allocation process applies, ENIM shall provide guidelines on the procedures to be applied, involving as appropriate the application of the consensual conflict resolution mechanism referred to in Article 36 and of the formal conflict resolution mechanism referred to in Article 37. ENIM shall include those guidelines in the European framework for capacity management referred to in Article 6.

AddedArticle 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 be empowered to adopt a delegated act in accordance with Article 71 to set out the criteria and procedures for rescheduling, including unilateral changes to allocated capacity rights by infrastructure managers for the purpose of managing network disruptions and to amend paragraph 2 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 42 – paragraph 2 a (new): 2 a. Infrastructure managers shall publish and make freely accessible the special rules and procedures referred to in paragraph 2. They shall notify them to the Commission.

AddedArticle 43 – paragraph 1: 1. By ... [18 months of the entry into force of this Regulation], infrastructure managers shall put in place rules and procedures to manage deviations of train movements from the working timetable. Those rules and procedures shall be published in the network statement referred to in Article 27 of Directive 2012/34/EU and shall cover traffic management in the situations set out in Article 42(1), points (a), (b) and (c) of this Regulation.

AddedArticle 43 – paragraph 2: 2. The rules and procedures referred to in paragraph 1 shall aim at minimising the overall impact of deviations from the timetable on rail traffic, taking into account the needs of all types of transport. The rules and procedures may involve priority rules for the management between the different types of traffic and the specific procedures, criteria and targets to be applied in an optimisation-based approach that relies on the optimisation of a target function, such as the minimization of the delay minutes or of the time to return to normal operations, rather than explicit priority rules.

AddedArticle 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.

AddedArticle 43 – paragraph 4 a (new): 4 a. Deviations shall only be allowed in duly justified cases and shall be approved by the national regulatory body.

AddedArticle 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 the utmost efforts to provide possible alternatives.

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

AddedArticle 43 – paragraph 6 a (new): 6 a. The Commission shall adopt, by [24 months of the entry into force of this Regulation], implementing acts to set out rules and procedures to manage deviations of train movements from the working timetable and amend paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3).

AddedArticle 44 – paragraph 1 – subparagraph 2: ENIM shall develop the European framework for the coordination of cross-border traffic management, disruption management and crisis management in cooperation with operational stakeholders and interested parties through the consultation process referred to in Article 54, taking into account the work of the Europe’s Rail Joint Undertaking established in Title IV of Regulation (EU) 2021/2085.

AddedArticle 44 – paragraph 2: 2. The European framework for the coordination of cross-border traffic management, disruption management and crisis management shall provide guidelines for the coordination between infrastructure managers, railway undertakings and other operational stakeholders, including ENRRB.

AddedArticle 44 – paragraph 3 a (new): 3 a. Taking into account the framework adopted by ENIM in accordance with paragraph 1, the Commission shall be empowered , to adopt delegated acts in accordance with Article 71 to set out the details for the coordination of cross-border traffic management, disruption management and crisis management and to amend paragraph 2 of this Article. Those delegated acts shall be adopted by ... [24 months of the entry into force of this Regulation]..