What changed between the plenary report and the adopted text

Added:1. Infrastructure managers shall ensure that scarce infrastructure capacity is managed in accordance with the principles set out in Article 26 of Directive 2012/34/EU and in Article 2 of this Regulation in all phases of the capacity management process referred to in Article 5.

Added:2. When taking decisions on scarce capacity, infrastructure managers shall take into account strategic guidance on the utilisation of infrastructure capacity provided by Member States in accordance with Article 11(3).

Added:Without prejudice to State aid rules, Member States mayshall, where appropriate, grant the infrastructure manager compensation corresponding to losses of revenue related exclusively to the need to comply with the strategic guidance regarding the use of rail infrastructure capacity. [Am. 47]

Added:3. Infrastructure managers shall plan and allocate scarce capacity to the largest extent possible through the consensual conflict resolution mechanism referred to in Article 36 involving the applicants concerned and resulting in consensual solutions to conflicting capacity needs and requests.

Added:4. If the mechanism referred to in paragraph 3 does not result in a satisfactory resolution of conflicting capacity needs and requests, infrastructure managers shall manage scarce capacity or resolve conflicts through objective, transparent and non-discriminatory procedures.

Added:Those procedures shall assess alternative options for the use of infrastructure capacity, based on the following socioeconomic and environmental criteria, subject to the availability of standardised data made available by the applicants shall make available to the infrastructure managers. The criteria shall include but shall not be limited todata: [Am. 48]

Added:(a) operating cost for operators of rail transport services and the resulting impact on prices for customers of rail transport services;

Added:(b) time-related cost for customers of rail transport services;

Added:(c) connectivity and accessibility, both as a network effect on the overall network and network segments, for people and regions served by the rail transport services; [Am. 49]

Added:(d) emissions of greenhouse gases, local air pollutants, noise and other external cost of rail transport services and by their likely alternatives;

Added:(e) safety and public health implications of rail transport services and their likely alternatives.

Added:(ea) modal shift effects towards rail. [Am. 50]

Added:5. ENIM shall, in consultation with ERP, prepare and adopt the procedures referred to in paragraph 4 and include them in the EUEuropean framework for capacity management referred to in Article 6. The procedures shall involve the following steps: [Am. 51]

Added:(a) design alternative scenarios to partition the capacity available for every different typestype of rail transport services that apply for the same capacity, involving, where possible, the provision of alternative capacity on other routes or alternative timing with comparable characteristics both for domestic and cross-border services; [Am. 52]

Added:(aa) design alternative scenarios to address capacity conflicts between two requests that both are not consistent with the strategic capacity planning; [Am. 53]

Added:(b) evaluate and rank the scenarios on the basis of objective and transparent methodologies taking into account the socio-economic and environmental criteria set out in paragraph 4;

Added:(c) select the highest ranked scenario on the basis of the evaluation referred to in point (b) and amend the definition of the capacity model and the capacity supply plan accordingly.

Added:6. ENIM shall, in consultation with ERP, develop the methodologies referred to in paragraph 5, point b(b), of this Article. The parameters of those methodologies shall make it possible to take into account local or national circumstances based on accepted approaches and empirical evidence. ENIM shall include those methodologies in the European framework for capacity management referred to in Article 6. [Am. 54]

Added:7. Taking into account experiences with the preparation and implementation of the framework referred to in paragraph 6, the Commission mayshall be empowered to adopt delegated acts in accordance with Article 71 to set implementing acts setting out the specific procedures, standardised data reflecting different market segments for the criteria and standardised methodologies to be applied for the management of scarce capacity and to amend paragraph 6 of this Article. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 72(3)by ... [24 months from the entry into force of this Regulation]. They shall be included in the European framework for capacity management. [Am. 55]

Added:Article 9 Information about infrastructure capacity

Added:1. Infrastructure managers shall provide interested parties, in particular applicants, potential applicants and regulatory bodies, with accurate and up-to-date information on the availability of infrastructure capacity throughout the entire capacity management process, including in the strategic planning phase referred to in section 2, during the scheduling and allocation processes set out in section 3 and whenever there are changes to allocated capacity as referred to in section 4, depending on the availability of the published capacity strategy, capacity model and capacity supply plan. [Am. 56]

Added:Infrastructure managers shall publish any update to the capacity supply plan referred to in Article 18 and to the working timetable referred to in Article 30 without delay.

Added:2. Infrastructure managers shall publish the information referred to in paragraph 1 in accordance with Article 62(5) and contribute to the development of relevant specifications in accordance with Article 62(3).

Added:3. At the request of applicants, infrastructure managers shall provide the information referred to in paragraph 1 of this Article on the basis of concrete specifications of commercial and operational needs (‘feasibility assessments’). For cross-border services, infrastructure managers shall receive and answer to such requests in a single place and single operation or via a single interface established in accordance with Article 27 (4). [Am. 57]

Added:Article 10 Capacity restrictions resulting from infrastructure work and degraded infrastructure

Added: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. [Am. 58]

Added:2. When planning infrastructure works, the infrastructure manager shall act in accordance with Article 2(3) and Article 3.

Added:In particular, the infrastructure manager shall take into account in a balanced way the impact of infrastructure works on its own asset management and financial situation as well as the operational and financial impact on all applicants concerned.

Added: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. [Am. 59 and 60]

Added: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/EC2012/34/EU and, as regards cross-border rail services, in accordance with Article 54 of this Regulation. [Am. 61]

Added:4. Infrastructure manager shall plan, inform and consult applicants on capacity restrictions resulting from infrastructure works sufficiently in advance, taking into account the estimated impact on railway undertakings. For that purpose, infrastructure managers shall respect the schedule set out in section 3 of Annex I.

Added:For capacity restrictions with a major impact on the capacity available to applicants, applicants may request the infrastructure manager to provide alternative planning for the capacity restriction with a view to identify and select an option that takes into account the impacts on applicants and infrastructure managers in a balanced way. The infrastructure manager shall provide those applicants with an indicative planning of alternative capacity available during the capacity restriction.

Added:The indicative planning shall cover both the line affected and alternative lines and shall be reflected in the capacity model referred to in Article 17 and in the capacity supply plan referred to in Article 18.

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

Added: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. [Am. 62]

Added: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. [Am. 63]

Added:6. Reductions in the capacity or performance of infrastructure below its design values resulting from the degradation of assets, such as reductions in permissible speed or axle load, shall also be considered as capacity restrictions. The information obligations set out in Article 9 shall apply to such restrictions.

Added:7. Infrastructure managers shall publish information and consult applicants on planned temporary capacity restrictions, their impact on capacity available for commercial purposes and on alternative capacity as early as possible.

Added:8. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend section 3 of Annex I with a view to reduce the impact of capacity restrictions resulting from infrastructure works on rail traffic while taking into account planning, operational, technical and commercial considerations of the stakeholders concerned.

Added:SECTION 2 STRATEGIC CAPACITY PLANNING

Added:Article 11 Strategic capacity planning

Added:1. Strategic capacity planning shall include all activities set out in Articles 12 to 25.

Added:2. Strategic capacity planning shall result in the following sequence of planning documents which provide progressively increasing level of details about available capacity:

Added:(a) the capacity strategy referred to in Article 16;

Added:(b) the capacity model referred to in Article 17;

Added:(c) the capacity supply plan referred to in Article 18.

Added: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. [Am. 64]

Added:Infrastructure managers shall adopt the planning documents as a basis for the next phase in the planning process.

Added: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 ENRBENRRB in implementing this section. [Am. 65]

Added:3. 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: [Am. 66]

Added:(a) general objectives of national rail policy relevant for strategic capacity planning within the scope of this Regulation;

Added:(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 5354 of Regulation (EU) 2024/... of the European Parliament and of the Council [new TEN-T Regulation]; [Am. 67]

Added:(c) general requirements and guidelines as regards the use of rail infrastructure capacity, which the infrastructure manager shall take into account in strategic capacity planning, in particular in relation to highly utilised and congested infrastructure referred to in Article 21;

Added:(d) an outlook on the planned development of rail services operated under public service obligations, taking into account, where necessary, the views of the regional or local authorities involved.

Added:Member States shall coordinate the timely provision of guidance to andto 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. [Am. 68]

Added:4. Strategic capacity planning shall not involve the granting of capacity rights to individual applicants in accordance with Article 26.

Added:4a. 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. [Am. 69]

Added:Article 12 General requirements for strategic capacity management

Added:1. Infrastructure managers shall take into account in a balanced, fair and non-discriminatory manner all types of rail transport services for which they are liable to receive requests for capacity, irrespective of their volume, size of downstream market, stability between consecutive timetables, regularity or frequency within a given working timetable period.

Added:2. In strategic capacity planning, in particular in the capacity model referred to in Article 17 and in the capacity supply plan referred to in Article 18, infrastructure managers shall differentiate at least between the following types of rail transport services: