Changes from report parliamentary committee draft to plenary report

AddedArticle 46 – paragraph 2: 2. Where the incident has, or is likely to have, impacts on more than one network, the manager of the infrastructure in which the incident took place shall declare a multi-network disruption and coordinate actions in accordance with Articles 44, 45 and 53.

AddedArticle 46 – paragraph 3: 3. ENIM shall define a harmonised method to estimate the likely duration and impact of network disruptions and include it in the European framework for the coordination of traffic, disruption management and crisis management referred to in Article 44.

AddedArticle 46 – paragraph 4 a (new): 4 a. In the case of a partial or total interruption of services caused by disruption of train operation due to a technical failure, incident or an accident on a cross-border line that lasts longer than 15 days, the impacted infrastructure managers shall, within 30 days of the occurrence, prepare an incident report. The incident report shall include at least: / a) information on all operational measures undertaken to ensure alternative routes; / b) information on all actions undertaken to restore regular services on the interrupted line. / The report shall be made publicly available and shall be regularly updated until the interruption is lifted. / ERA may issue recommendations on improved measures to address the disruption and the traffic capacity restrictions caused by the accident.

AddedArticle 47 – paragraph 1 – subparagraph 2: The Member State concerned shall ensure that the emergency measures follow to the extent possible the principles on capacity and traffic management set out in this Regulation and that they make use of existing plans prepared in accordance with Article 19. It shall coordinate such emergency measures with other Member States.

AddedArticle 49 – paragraph 1: 1. The Commission shall adopt the Union performance targets for the performance areas set out in Annex VII. The targets shall be in accordance with modal shift goals and shall be updated regularly. In accordance with Article 7f, point (d) of Directive 2012/34/EU, ENIM, with the support of rail infrastructure managers shall monitor and benchmark performance of rail infrastructure services and rail transport services taking into account the Union and infrastructure managers performance targets. ENIM shall periodically inform the Performance Review Body and the Commission.

AddedArticle 49 – paragraph 2: 2. For this purpose, infrastructure managers shall lay down 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 with the relevant national and European bodies in order to assure that those targets are consistent with Union performance targets. 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 shall only be allowed in duly justified cases and shall be approved by the regulatory body.

AddedArticle 50 – paragraph 1: 1. ERA, with the support of ENIM shall set up and implement by [12 months of 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 19 of Regulation (EU) 2024/... [the new TEN-T Regulation ].

AddedArticle 50 – paragraph 1 a (new): 1 a. The ENRRB shall adopt a recommendation on the European framework for the review of performance by [six months of the entry into force of this Regulation]. While setting up and implementing the European framework for the review of performance, ERA shall take into account the recommendation issued by the ENRRB.

AddedArticle 50 – paragraph 5: 5. The Commission shall, by [24 months of the entry into force of this Regulation], adopt implementing acts to set out uniform conditions for the application of the elements referred to in paragraph 2 of this Article by ... [36 months of the entry into force of this Regulation, including detailed rules on the elements in paragraph 2, points (b) to (d) and performance targets. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 72(2). In doing so, the Commission shall consult ENIM, ERP, ENRRB, the Performance Review Body, ERA and the Europe’s Rail Joint Undertaking.

AddedArticle 51 – paragraph 1: 1. Without prejudice to Article 15 of Directive 2012/34/EU and Article 3 of Commission Implementing Regulation (EU) 2015/110023, ENIM shall prepare and publish by [24 months of the entry into force of this Regulation] a draft European performance review report on the basis of the European framework for performance review referred to in Article 50 of this Regulation and update it every year. Based on this report, ERA shall support the Commission in monitoring and reporting progress on the Union’s objectives for rail, including forecasted rail traffic growth foreseen for 2030 and 2050. The draft European performance review report shall be sent to the Performance Review Body.

AddedArticle 51 – paragraph 2: 2. The Performance Review Body shall elaborate and adopt the European performance review 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).

AddedArticle 51 – paragraph 3: 3. The European performance review report shall cover at least the lines included in the Single European Railway Area and shall include the information required by Article 54(3)(g) of Regulation (EU) 2024/...[new TEN-T Regulation]. The information presented shall be sufficiently detailed in terms of geographical scope and should cover a sufficiently long period of time to allow for meaningful interpretations.

AddedArticle 51 – paragraph 4: 4. The European 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.

AddedArticle 51 – paragraph 4 a (new): 4 a. The European performance review report shall contain a separate section about the implementation of the processes introduced by ENIM. It shall also contain an analysis of the progress in implementation in various Member States, including reports concerning national exemptions and recommendations for further harmonisation.

AddedArticle 52 – paragraph 1: 1. By... [six months of the entry into force of this Regulation], a Performance Review Body shall be established as an impartial, competent and self-standing body. Its members shall be appointed on the basis of merit as well as to ensure a mix of skills and experience relevant to the rail capacity management. / The members of the Performance Review Body shall be nominated by the Commission through a call for experts procedure. The Commission shall be empowered to adopt a delegated act in accordance with Article 71 to set out details of the organisation, governance and financing of the Performance Review Body. That delegated act shall be adopted by... [12 months after the entry into force of this Regulation]. / When carrying out the tasks conferred upon it by this Regulation, the Performance Review Body shall be independent and shall not seek or follow instructions from any government of a Member State, from the Commission, from ERA or any other public or private entity.

AddedArticle 52 – paragraph 2: 2. The Performance Review Body shall provide advice to the Commission, ERA, ENIM and the European Coordinators on matters related to the performance of rail infrastructure services and rail transport services, on request by the Commission, ERA or the European Coordinators.

AddedArticle 52 – paragraph 3 – point a: (a) providing recommendations to the Commission and ENIM as regards the establishment and review of the European framework for performance review referred to in Article 50, including on performance areas, performance issues to be addressed under each of the performance areas, harmonisation of methodologies, processes, criteria and definitions for the collection and analysis of data related to performance and performance indicators;

AddedArticle 52 – paragraph 3 – point b: (b) providing recommendations to ENIM, ERA, the ENRRB, infrastructure managers, applicants, regulatory bodies, Member State authorities, and, where relevant, other stakeholders for corrective measures, on capacity management, traffic management, disruption management and crisis management;

AddedArticle 52 – paragraph 3 – point c: (c) reviewing the results of the draft European performance review report and, preparing the report referred to in Article 51(2);

AddedArticle 52 – paragraph 5: 5. ENIM, the Network Coordinator, infrastructure managers, regulatory bodies, the ENRRB, ERA and, where relevant, other stakeholders shall cooperate with the performance review body, in particular by providing information related to performance and make the utmost effort to take into account its recommendations in their work on rail performance management.

AddedArticle 53 – paragraph 3 – subparagraph 1: Coordination shall particularly be reinforced for those TEN-T lines and nodes which are part of the European Transport Corridors set out in Article 7 of and Annex III to [new TEN-T Regulation].

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

AddedArticle 54 – paragraph 1: 1. ENIM shall, by ... [12 months of the entry into force of this Regulation] 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 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 mechanism shall be developed and implemented with the support of the Network Coordinator and with the involvement of the focal points designated by infrastructure managers referred to in Article 60.

AddedArticle 54 – paragraph 2: 2. Where ENIM adopts an opinion or a recommendation likely to have an impact on railway undertakings, other applicants, 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. When ENIM takes a decision likely to have an impact on the ERP, ENIM shall consult the respective advisory groups.

AddedArticle 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 provide the justified reasons for doing so.

AddedArticle 54 – paragraph 3 a (new): 3 a. In the case of diverging views between ENIM and the consultative bodies, the consultative bodies shall inform the ENRRB. The ENRRB shall take account of such divergent views in its European performance review report referred to in Article 51.

AddedArticle 54 – paragraph 3 b (new): 3 b. The Commission shall adopt, by ... [24 months of the entry into force of this Regulation], implementing acts to set out uniform conditions to ensure appropriate and regular consultation of interested parties and to amend paragraph 1 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 55 – paragraph 2: 2. All rail infrastructure managers of the Single European Rail Area shall be members of ENIM. They shall appoint a representative and an alternate

AddedArticle 55 – paragraph 7: 7. The Commission and ERA shall be a non-voting member of ENIM. They shall support the work of ENIM and facilitate coordination.

AddedArticle 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 ERP, the advisory groups established in Article 55 a, 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

AddedArticle 55 – paragraph 8 a (new): 8 a. In the development of the European frameworks for capacity management, traffic management, and performance management, ENIM shall consult with ERP.

AddedArticle 55 – paragraph 8 b (new): 8 b. Rail infrastructure managers and allocation bodies of third countries which are responsible for lines of the trans-European transport network shall be allowed to join ENIM as observers.

AddedArticle 55 a (new): Article 55a / European Railway Platform / 1. The European Railway Platform (ERP) is hereby established as a consultative body to ENIM. / 2. ERP shall be composed of representatives of railway undertakings using European rail infrastructure. ERP may also include, as member, any applicant using European rail infrastructure individually or through associations, operators of service facilities and terminals, multimodal capacity stakeholders, such as sea and inland waterway ports and owners of other rail-related service facilities. Each member shall appoint one representative and one alternate. The Commission and ERA shall also be appointed as observers within ERP. The rail industry may be invited to attend consultative groups and discussions to enable better information and preparedness. / 3. The Commission shall assist the ERP by establishing the modalities of functioning of ERP, including conditions for admission to the platform of representatives of the categories under paragraph 2. / 4. Following the consultation of and the approval by the Commission, ERP shall adopt and publish its rules of procedure. It shall organise its activities in accordance of the rule of procedure. The ERP rules of procedure shall set, inter alia, the frequency of meetings and the organisation of its activities. ERP may organise its activities in subgroups, grouping stakeholder types and regional clusters. / 5. ENIM shall consult ERP before preparing and adopting European frameworks for capacity mana…

AddedArticle 57 – paragraph 2: 2. ENIM shall invite the Commission, including the European Coordinators, ERP and, where relevant, representatives of ERA and the Member States, as well as the representative bodies as referred to in Article 38(4) of Regulation (EU) 2016/796 to its meetings with a view to discuss issues related to the development of rail infrastructure and to ensure cooperation with the European Coordinators, as outlined in [new TEN-T Regulation]. ENIM shall provide the information required under [Article 53, third subparagraph of the new TEN-T Regulation].

AddedArticle 57 a (new): Article 57a / Responsibilities of ERA / 1. In addition to the tasks laid down in Regulation (EU) 2016/796, ERA shall be responsible for all tasks assigned to it in this Regulation. It shall, in particular: / (a) provide support, upon request from the Commission in preparing the specific implementing and delegated acts foreseen by this Regulation; / (b) coordinate, as system authority, according to Article 23 of Regulation (EU) 2016/796 the tasks as set out in Article 62 of this Regulation; / (c) fulfil the tasks as set out in Article 50 of this Regulation; / (d) provide, on request, support to the regulatory bodies in identifying rules, procedures and tools within the scope of this Regulation; / (e) identify obstacles for multi-network rail services; / 2. In its work, the Agency shall: / a) draw up its recommendations based on the work of ENIM and the network coordinator; / b) where appropriate, take account of technical progress and acknowledged research work; / c) take account of the estimated costs and benefits of its recommendations and underline the most viable solutions; / d) fulfil the criteria of openness, consensus and transparency as defined in Annex II to Regulation (EU) No 1025/2012. / 3. The amount of the financial resources dedicated to the performance of ERA tasks under this regulation shall be drawn from the unallocated margins under MFF ceilings or mobilised through the non-thematic MFF special instruments.

AddedArticle 58 – paragraph 1 – subparagraph 1: The infrastructure managers shall provide ENIM with the necessary resources to perform its tasks. For this purpose, the Commission shall, after consultation with Member States and ENIM, appoint by [six months of the entry into force of this Regulation] an impartial and competent entity to fulfil the functions referred to in Article 59. Such entity will be designated as a Network Coordinator. ENIM may decide to change the entity appointed as Network Coordinator with consent of the Commission.

AddedArticle 58 – paragraph 2: 2. The Network Coordinator shall execute its tasks in an impartial and cost-effective manner and shall act on behalf of ENIM and the Commission. For this purpose, it shall submit to ENIM and the Commission its annual work programme with respect to the tasks set out in this Regulation as well as an annual report on the implementation of the work programme.

AddedArticle 59 – paragraph 1 – point g a (new): (ga) provide existing and new shared B2B-services to Infrastructure Mangers and Railway Undertakings to improve rail services and boost trans-European rail traffic.

AddedIf the Network Coordinator would develop and provide shared services for European infrastructure managers (IMs), especially for smaller IMs, it could avoid isolated national solutions, save costs and scale services across Europe.

AddedArticle 61 – paragraph 1: 1. ENIM shall, by [12 months after the entry into force of this Regulation], prepare and adopt a common structure for the network statement referred to in Article 27 of Directive 2012/34/EU, which shall take into consideration the information listed in Annex IV to that Directive, Annex IV to this Regulation, and a common schedule for the consultation of interested parties on the draft network statement. Infrastructure managers shall take the utmost account of this structure and schedule when preparing the network statement.

AddedArticle 62 – paragraph 2 – point b: (b) improve the transparency of rail capacity management and traffic management throughout all their phases, including digital and real time solutions which shall be gradually elaborated with relevant stakeholders;

AddedArticle 62 – paragraph 2 – subparagraph 1 (new): Where applicable, the digital tools and the digital services shall comply with TAF/TAP TSI and RINF, referred to in Article 49 of Directive EU 2016/797, to ensure interoperability of relevant systems.

AddedArticle 62 – paragraph 2 a (new): 2 a. The infrastructure managers shall ensure that the digital tools and digital services fulfil the requirements of the capacity planning and allocation process set out in Section 3 of this Regulation. In order to achieve the improvements indicated in paragraph 2, point (a), of this Article, the infrastructure managers shall also use a tool for the digitalisation of temporary capacity restrictions and a digital illustration of the trains running on the European rail network.

AddedArticle 62 – paragraph 3: 3. Where the digital tools or the digital services necessary to support capacity management or traffic management processes need to be covered by technical specifications for interoperability, or where existing specifications covering or partially covering those tools, as provided for by Directive (EU) 2016/797 and the implementing acts adopted under that Directive, need to be amended, ENIM and infrastructure managers shall contribute to the development and maintenance of such specifications in cooperation with ERA and the Europe’s Rail Joint Undertaking, and through the process referred to in Article 5 of Directive (EU) 2016/797.

AddedArticle 62 – paragraph 5 a (new): 5 a. Infrastructure managers shall ensure that the digital tools and digital services referred to in paragraph 1 shall be fully operational in accordance with the timelines set out in this Regulation: The following digital European rail capacity and traffic management systems shall be implemented: / (a) a European digital system for the capacity management processes set out in Chapter II of this Regulation, consisting of: / (i) a digital display of capacity models referred to in Article 17 by 1 July 2025 (“European capacity management tool”) to be used from timetable period 2027; / (ii) a tool to submit multi-network annual capacity requests and receive answers in a single place and operation by 1 January 2026 (= “path coordination system”) to be used from timetable period 2027; / (iii) a digital display of the capacity supply plan in real time referred to in Articles 9 and 18 by 1 December 2028 (“European Capacity management tool”) to be used from timetable period 2030; / (iv) a digital display and tool for coordination of temporary capacity restrictions referred to in Article 10 by 1 December 2027 (“temporary capacity restrictions tool”) to be used from timetable period 2029; / (v) a capacity broker for requesting multi-network capacity according to the processes described in Articles 32 to 34 by 1 January 2029 (“capacity broker”) to be used from timetable period 2030 ; / (b) a European digital system as a support of the European traffic management network concept, for the …

AddedArticle 62 – paragraph 5 b (new): 5 b. ERA shall coordinate these tasks. / The central tools of the European digital capacity and traffic management systems shall be operated by the Network Coordinator. / ERA shall ensure compliance of digital systems developed by the sector with the technical standards for interoperability.

AddedArticle 62 – paragraph 5 c (new): 5 c. The Commission and Member States shall support the financing of the activities set out in this Article, including from the CEF, in order to ensure a timely, cross-border harmonised and interoperable implementation of digital tools and services.

AddedArticle 63 – paragraph 1: 1. The functions and the powers laid down in Article 56 of Directive 2012/34/EU shall also be exercised with respect to the matters covered by this Regulation. In particular, the regulatory body shall monitor the activities of infrastructure managers and the European network coordinator, as set out in Chapters II to V of this Regulation and shall verify compliance with this Regulation on its own initiative and with a view to preventing discrimination against applicants.

AddedArticle 63 – paragraph 1 a (new): 1 a. The regulatory body shall participate and supervise the strategic planning of capacity provided in Section II of this Regulation. The regulatory body shall also evaluate proportionality, non-discrimination and transparency. The regulatory body may issue and share opinions with infrastructure managers, ENIM and ERP. The infrastructure managers shall take into account the proposals of regulatory bodies in elaborating the strategic planning of capacity.

AddedArticle 63 – paragraph 2: 2. A railway undertaking, other applicant, a potential applicant, a national, regional or local authority responsible for transport shall have the right to appeal to the regulatory body in accordance with article 56 of Directive 2012/34/EU if it believes it has been unfairly treated, discriminated against or in any other way aggrieved by the infrastructure manager when the latter carried out the activities set out in Chapters II, III, IV and V of this Regulation.

AddedArticle 64 – paragraph 1 – subparagraph 1: For the purpose of fulfilling their responsibilities under this Regulation, the regulatory bodies shall cooperate in the framework of the ENRRB referred to in Article 57(1) of Directive 2012/34/EU, including through joint consultations and investigations, by adopting opinions or recommendations or through other relevant activities. Regulatory bodies shall provide all the required information to the ENRRB and take into account the opinions and recommendations adopted by ENRRB.

AddedArticle 64 – paragraph 5: 5. Where a regulatory body adopts a decision, which departs from any relevant opinion or recommendation of the ENRRB or where it refuses to adopt a decision, it shall provide to the ENRRB an explanation laying out the differences and its reasoning for not following the opinions or recommendations of the ENRRB and include the relevant explanation in its decision.

AddedArticle 64 – paragraph 8 a (new): 8 a. ENRRB shall ensure that its structure, methods of operation and all relevant information about its work, including opinions and recommendations are made publicly available on its website. It shall include contact details of working groups.

AddedArticle 65 – paragraph 2 a (new): 2 a. ENRRB shall assess, before adopted, the European frameworks for capacity managements, traffic management and performance review as well as the network statement common structure and issue and share an opinion with national regulatory bodies that may take action in accordance with Article 56 of Directive 2012/34/EU. ENRRB may assess all ENIM decisions and issue and share opinions with ENIM, regulatory bodies, ERP and infrastructure managers.

AddedArticle 65 – paragraph 3: 3. Deleted

AddedArticle 65 – paragraph 5 a (new): 5 a. The ENRRB shall provide recommendations to the ENIM as regards the establishment and review of the European framework for performance review referred to in Article 50, including on performance areas, performance issues to be addressed under each of the performance areas, harmonisation of methodologies, processes, criteria and definitions for the collection and analysis of data related to performance and performance indicators;

AddedArticle 65 – paragraph 6 a (new): 6 a. ENRRB shall assess the European frameworks for capacity managements, traffic management and performance review as well as the network statement common structure and issue an opinion. Regulatory bodies shall take utmost account of the opinion of ENRRB in checking network statements.

AddedArticle 66 – paragraph 2 a (new): ENRRB shall ensure that its methods of operation and all relevant information about its work are made publicly available on a common website. It shall include contact details for complaints, contact information for dedicated working groups, and information about procedures.

AddedArticle 66 – paragraph 2 b (new): ENRRB shall publish its opinions and recommendations on a dedicated website.

AddedArticle 67 – paragraph 1: 1. The Board of Regulatory Bodies shall be composed of one voting member from each Member State that has a rail network in use and one member appointed by the Commission. ERA shall be an observer with no voting rights.