What changed between the plenary report and the adopted text

Added:The capacity strategy shall serve as a tool for communication, consultation and coordination between operational stakeholders.

Added:2. The capacity strategy shall contain information about the future development of rail infrastructure, an outlook on the development of the demand for different rail transport services and any other relevant information about the availability and utilisation of railway infrastructure.

Added:3. The capacity strategy shall comprise a strategic route map which defines the following:

Added:(a) the geographical scope of the capacity strategy referred to in Article 16, of the capacity model referred to in Article 17 and of the capacity supply plan referred to in Article 18;

Added:(b) the alternative lines considered in the event of capacity restrictions referred to in Article 10 and in the context of contingency planning referred to in Article 19.

Added:The strategic route map shall be included in the register of infrastructure referred to in Article 49 of Directive (EU) 2016/797.

Added:4. The infrastructure manager shall prepare, publish and, when necessary, regularly update the capacity strategy in accordance with the schedule and the contents set out in section 2 of Annex I. [Am. 86]

Added: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. [Am. 87]

Added:5a. 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. [Am. 88]

Added:Article 17 Capacity model

Added:1. The infrastructure manager shall establish a capacity model that refines the capacity strategy on the basis of the outcome of the consultation and coordination activities referred to in Articles 13 and 14.

Added:The capacity model shall support a balanced consideration of the capacity needs of different segments of rail transport services and of infrastructure managers’ needs to maintain, renew and develop (upgrade of existing and construction of new) the rail infrastructure. It shall serve as an instrument for communication, consultation and coordination of strategic capacity planning between the operational stakeholders.

Added: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 regularly update the capacity model when needed in accordance with the contents and schedule set out in sections 1 and 2 of Annex I. [Am. 89]

Added: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. Where needed, The capacity strategy shall be revised in the light of developments since the adoption or the latest update ofdoes not have to be updated in case the capacity strategymodel was already published for the same timetable period. [Am. 90]

Added: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. [Am. 91]

Added:4a. 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. [Am. 92]

Added:Article 18 Capacity supply plan

Added:1. The infrastructure manager shall establish a capacity supply plan with a view to providing comprehensive information about:

Added:(a) infrastructure capacity available for allocation to applicants in the working timetable and safeguarded for later requests according to Article 33, including service facilities; [Am. 93]

Added:(b) infrastructure capacity not available for allocation.

Added:The capacity supply plan shall provide the basis for capacity allocation.

Added:2. Infrastructure managers shall publish the capacity supply plan for each working timetable period at the latest by the deadline set out in section 2 of Annex I and shall continuously update it until the end of the working timetable period, to which that plan refers. The capacity supply plan shall be provided for each individual day of the working timetable period concerned.

Added:3. Infrastructure managers shall prepare the capacity supply plan on the basis of the results of the strategic capacity planning process referred to in Articles 11 to 17 and in sections 1 and 2 of Annex I.

Added:Infrastructure managers shall document and, where relevant, justify any divergence between the capacity supply plan and the capacity model concerning the same working timetable period.

Added: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. [Am. 94]

Added:5. Pre-planned capacity shall be presented in the capacity supply plan in the form of capacity objects as referred to in Article 20, which specify the volume and characteristics of capacity and which are linked to allocation rules and processes through which such capacity is made available.

Added:6. Subject to paragraph 7, the capacity supply plan shall comprise the following elements:

Added:(a) capacity available for allocation to applicants for the working timetable period to which the capacity supply plan refers:

Added:(i) capacity, which has not been pre-planned by the infrastructure manager;

Added:(ii) capacity, which has been pre-planned by the infrastructure manager.

Added:(b) capacity which is not available for allocation to applicants:

Added:(i) capacity reserved for infrastructure works with significant commercial and operational impact on applicants and railway undertakings as referred to in section 3 of Annex I;

Added:(ii) capacity reserved for regular time windows allowing to schedule infrastructure works with limited impacts at a later stage;

Added:(iii) capacity already allocated through framework agreements in accordance with Article 31 or through the multi-annual rolling planning process in accordance with Article 33;

Added:(iv) capacity reserved for purposes other than those set out in points (i), (ii) and (iii), which shall be clearly indicated by the infrastructure manager.

Added:The capacity supply plan shall indicate the restrictions applicable for the use of specialised infrastructure referred to in Article 24.

Added:7. Infrastructure managers shall include in the capacity supply plan the elements listed in paragraph 6, point (b) of for the rail infrastructure that they manage.

Added:Infrastructure managers shall include in the capacity supply plan all elements listed in paragraph 6 for all lines and nodes included in the TEN-T core and extended core network as defined in [new TEN-T Regulation]and ensure coherence with the capacity strategy. [Am. 95]

Added:Infrastructure managers may include in the capacity supply plan the elements referred to in paragraph 6 for other lines and nodes of the network they manage.

Added:8. When pre-planning capacity in accordance with paragraph 6, point (a)(ii), infrastructure managers shall follow the principles set out in Article 8(4).

Added:Infrastructure managers shall pre-plan capacity based on the strategic guidance by Member States in accordance with Article 11(3), the results of the consultation of applicants in accordance with Article 13 and the coordination between infrastructure managers in accordance with Article 14.

Added: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 the capacity supplythis plan and may take a decision no later than one month before publication, requiring the infrastructure manager to amend the capacity supply plan. The decision of the regulatory body shall take into account any opinion of or recommendation by ENIM, where such has been provided. [Am. 96]

Added:9a. 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. [Am. 97]

Added:10. By ... [12 months from 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: [Am. 98]

Added:(a) the means for publication of the capacity supply plan, including digital services, tools, functions and interfaces;

Added:(b) the process for the consultation of applicants on the capacity supply plan.

Added:10a. 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 from the entry into force of this Regulation]. They shall be included in the European framework for capacity management. [Am. 99]

Added:Article 19 Contingency planning

Added:1. Infrastructure managers shall put in place and implement a continuous process of contingency planning to prepare for disruptions of network operations and for other crisis situations affecting rail traffic.

Added:Contingency planning shall provide the basis for traffic management, disruption management and crisis management in accordance with Article 42, with a view to enabling a fast reaction in such situations and to minimize their impact on rail traffic.

Added:Infrastructure managers shall document the results of contingency planning in a contingency plan.

Added:2. Contingency planning shall involve in particular:

Added:(a) the designation of alternative routes allowing to re-route traffic in the event of non-availability of the lines included in the core and extended core TEN-T network as set out in Article 6 of and Annex I to [new TEN-T Regulation]a line; [Am. 100]

Added:(b) an indicative planning of the infrastructure capacity available on the alternative routes designated in accordance with point (a) providing transparency about infrastructure capacity available on such lines, which can be utilised in the case of incidents and, in particular, network disruptions in accordance with Article 46;

Added:(c) the definition of rules and procedures for traffic and crisis management, including on the sharing of information between infrastructure managers, other operational stakeholders and other stakeholders such as public authorities in charge of rail or security and emergency response, as well as criteria for the activation of these procedures;

Added:(d) the identification and listing of bodies to be informed in the event of serious incidents or serious disruptions to train movements;

Added:(e) any other preparations necessary to perform disruption management and crisis management in accordance with Article 42 and with the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44.

Added:3. Infrastructure managers shall ensure the consistency of contingency planning with strategic capacity planning, in particular the capacity strategy, the capacity model, the capacity supply plan and with the planning for infrastructure works as referred to in Article 10.

Added:4. The results of contingency planning, in particular the designation of alternative lines in accordance with paragraph 2, point (a) and the indicative capacity planning on alternative lines in accordance with paragraph 2, point (b) shall be included in the capacity model and in the capacity supply plan.

Added:5. The Commission shall be empowered to adopt implementing acts settingdelegated 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. Those implementingThese delegated 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]. [Am. 101]