What changed between the plenary report and the adopted text

Added:(a) freight transport services;

Added:(b) inter-urban passenger services (long distance);

Added:(c) urban and regional passenger services.

Added: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. [Am. 70]

Added:3. 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 indicate the pre-planned capacity suitable for the provision of multi-network transport services.

Added:4. Strategic capacity planning shall also take into account:

Added:(a) the observed structure and developments of demand for infrastructure capacity, as identified through capacity allocation in previous working timetable periods and through the market monitoring referred to in Article 15 of Directive 2012/34/EU;

Added:(b) the expected development of transport needs and of the resulting demand for rail transport services and infrastructure capacity, as identified through the analysis referred to in Article 15 of this Regulation;

Added:(c) the capacity needs announced by operational stakeholders and the input from the consultation of current and potential applicants in accordance with Article 13; [Am. 71]

Added:(d) the expected or planned development of infrastructure capacity, in particular as identified in the indicative rail infrastructure development strategy referred to Article 8(1) of Directive 2012/34/EU and the business plan of the infrastructure manager referred to in Article 8(3) of Directive 2012/34/EU;

Added:(e) the planned infrastructure works which are expected to affect the network;

Added:(f) The characteristics of different rail transport markets, as regards in particular:

Added:(i) speed;

Added:(ii) frequency;

Added:(iii) tolerance for deviations from the allocated train path;

Added:(iv) possibility to re-route, reschedule or replace services by other modes in the event of network disruptions;

Added:(v) volatility of demand for rail transport and the consequent need to plan rail services on a different time horizon.

Added:(fa) as far as possible, the socio-economic and environmental impact of the use of infrastructure capacity. [Am. 72]

Added:5. Strategic capacity planning shall reflect the capacity allocated through framework agreements and rolling planning.

Added:6. Strategic capacity planning shall cover the lines part of the TEN-T core and extended core network referred to in Article 6 of and Annex I to [new TEN-T Regulation]Single European Railway Area. Infrastructure managers may include other lines and nodes of the network they manage. [Am. 73]

Added:Strategic capacity planning shall be carried out at a level which is sufficiently detailed to allow capacity planning for specific sections of the network. For this purpose, the network shall be represented by nodes and sections that allow to take into account relevant characteristics of capacity demand and supply.

Added:These nodes and sections shall be indicated in the register of infrastructure referred to in Article 49 of Directive (EU) 2016/797.

Added:7. Strategic capacity planning shall cover a period that is at least five years ahead in time. Infrastructure managers may extend the period to more than five years, in particular to support infrastructure development within the framework of the indicative rail infrastructure development strategy referred to in Article 8(1) of Directive 2012/34/EU.

Added:8. Infrastructure managers shall regularly review and update the results of the strategic capacity planning taking account, in particular, of the following:

Added:(a) the development of the railway infrastructure;

Added:(b) changes in market demand for infrastructure capacity taking into account needs announced by applicants for new or modified services; [Am. 74]

Added:(c) the results of the allocation processes set out in sections 3 and 4 in previous working timetable periods, including the degree of utilisation of infrastructure capacity by applicants;

Added:(d) insights from traffic management performed in accordance with Chapter III;

Added:(e) the result of disruption and crisis management performed in accordance with Chapter III;

Added:(f) the results of the performance review in accordance with Chapter IV.

Added:9. By... [12 months from 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. [Am. 75]

Added:9a. 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 from the entry into force of this Regulation]. They shall be included in the European framework for capacity management. [Am. 76]

Added:Article 13 Consultation of stakeholders on strategic capacity planning

Added:1. Infrastructure managers shall consult all operational stakeholders on strategic capacity planning in accordance with Article 7e of Directive 2012/34/EU.

Added: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. [Am. 77]

Added:2a. 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. [Am. 78]

Added:2b. The regulatory body shall monitor the activities of the infrastructure manager in strategic capacity planning in accordance with Article 63. [Am. 79]

Added:Article 14 Coordination on strategic capacity planning between infrastructure managers

Added:1. Infrastructure managers shall coordinate their activities related to strategic capacity planning in accordance with Article 53.

Added:Coordination shall ensure in particular:

Added:(a) the consistency of strategic planning across the networks concerned, in particular in relation to the capacity strategy, the capacity model and the capacity supply plan, the planning of infrastructure works and contingency planning;

Added:(b) appropriate consideration of the capacity needs for multi-network rail services in the capacity strategy, capacity model and capacity supply plan;

Added:(c) a review of the performance of strategic capacity planning and its outcomes in accordance with Chapter IV;

Added:(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. [Am. 80]

Added:2. ENIM shall take into account any relevant complaint by applicants or potential applicants on the planning documents referred to in Article 11(2) and shall request additional information from the entities involved in the coordination in accordance with Article 53 and from operational stakeholders consulted in accordance with Article 54, prior to adopting an opinion or recommendation to improve the consistency of those planning documents. ENIM shall share its opinion on the draft planning documents with the ENRRB or inform the latter of a failure to adopt an opinion. The ENRRB shall act in accordance with Article 65(3).

Added:3. Infrastructure managers shall take into account any recommendation adopted by ENIM in accordance with paragraph 2. Where infrastructure managers do not follow the recommendation, they shall explain the reasons in the planning documents. The ENRRB shall monitor the coordination process and its implementation. It shall inform the Commission of its views on the need to address any shortcomings of the coordination process.

Added:3a. 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). [Am. 81]

Added:Article 15 Analysis of expected transport market developments

Added: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. [Am. 82]

Added:2. For the purposes of this Regulation, the transport market analysis referred to in paragraph 1 shall in particular provide input to strategic capacity planning as referred to in Article 11, to the partitioning of infrastructure capacity as referred to in Article 25 and to the allocation of capacity on the basis of the formal conflict resolution mechanism referred to in Article 37.

Added:3. ENIM shall carry out a European transport market study covering passenger and freight transport in multimodal context at the latest by [31 December 2028]. The study shall address in particular:

Added:(a) projections of the demand for passenger and freight transport for all modes in the Union;

Added:(b) estimates of the potential to increase the volume rail transport, both passenger and freight, and the conditions necessary to achieve such growth;

Added:(c) if possible, a geographical breakdown of the projected transport flows as an input to strategic capacity planning.

Added:(ca) if possible, the impact of projected climate change effects both on infrastructure and services provided. [Am. 83]

Added: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. [Am. 84]

Added:5. ENIM shall review and update the study as appropriate, and in any case at least every five years.

Added:5a. All data for the study and the study itself shall be published and freely accessible. The data shall be machine readable. [Am. 85]

Added:Article 16 Capacity strategy

Added:1. The infrastructure manager shall adopt a capacity strategy setting out its expectations on future developments of demand and supply of rail infrastructure capacity and its vision on how to accommodate those developments.