What changed between the plenary report and the adopted text

Added:Infrastructure managers shall allocate the right to use infrastructure capacity to applicants in the form of one of the following:

Added:(a) capacity specifications;

Added:(b) train paths.

Added:ENIM shall define the characteristics of capacity specifications and include those in the European framework for capacity management referred to in Article 6.

Added:2. Infrastructure managers shall convert the capacity rights allocated in the form of a capacity specification into capacity rights in the form of a train path prior to the actual train run in accordance with the deadlines set out in sections 4, 5 and 6 of Annex I.

Added:3. Capacity rights in the form of a train path may be granted to applicants for a maximum duration of one working timetable period. Capacity rights in the form of a capacity specification may be allocated for a duration exceeding one working timetable period in accordance with Articles 31 and 33.

Added:4. Unless otherwise specified in this Regulation, the respective rights and obligations of infrastructure managers and applicants in respect of any allocation of capacity shall be laid down in contracts or in Member States’ legislation.

Added:5. Where an applicant intends to request infrastructure capacity with a view to operating a passenger service, in a Member State where the right of access to railway infrastructure is limited in accordance with Article 11 of Directive 2012/34/EU, it shall inform the infrastructure managers and the regulatory bodies concerned no less than 18 months before the entry into force of the working timetable to which the request for capacity relates. In order to enable the regulatory bodies concerned to assess the potential economic impact on existing public service contracts, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service on that route defined in a public service contract, any other interested competent authority with the right to limit access under Article 11 of Directive 2012/34/EU and any railway undertaking performing the public service contract on the route of that passenger service is informed without undue delay and at the latest within 10 days.

Added:6. Once allocated to an applicant, a capacity right shall not be transferred by the recipient to another undertaking or service.

Added:Any form of transfer shall lead to exclusion from the further allocation of capacity.

Added:The use of capacity by a railway undertaking when carrying out the business of an applicant which is not a railway undertaking shall not be considered as a transfer.

Added:Article 27 Methods of capacity allocation

Added:1. Infrastructure managers shall grant capacity rights to applicants by means of the allocation processes referred to in Articles 31 to 34.

Added:Any change to allocated capacity shall also be considered capacity allocation.

Added:2. Applicants shall have the right to request multi-network capacity rights, and toshall 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. [Am. 118]

Added:Infrastructure managers shall allocate and manage multi-network capacity rights in accordance with Article 28.

Added: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. [Am. 119]

Added:4. Infrastructure managers shall allocate infrastructure capacity via digital tools and digital services in accordance with Article 62.

Added: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, in order. 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. [Am. 120]

Added:5. When requesting or making changes to allocated capacity, applicants and infrastructure managers shall comply with Article 39.

Added:6. 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. [Am. 121]

Added:The regulatory body shall monitor the transparent and non-discriminatory application of this paragraph and investigate any complaints received.

Added: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. [Am. 122]

Added:7a. 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. [Am. 123]

Added:7b. 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. [Am. 124]

Added:Article 28 Coordination of the allocation of multi-network capacity rights

Added:1. Where the infrastructure manager receives a request for multi-network capacity rights pursuant to Article 27(2), they shall coordinate with the other infrastructure managers concerned in accordance with Article 53.

Added:2. In particular, coordination shall ensure:

Added:(a) the appointment of a single point of contactone-stop shop, as referred to in Article 27(4), in charge of communication with the applicant in relation to theeach 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; [Am. 125]

Added:(b) the compliance of the multi-network capacity right with minimum quality criteria in terms of consistency between networks and as regards aspects such as routing, timing, availability on different running days and status of the allocation;

Added:(c) the consistent performance of the process of allocating multi-network capacity rights, including in particular of the consensual conflict resolution mechanism referred to in Article 36 and of the formal conflict resolution mechanism referred to in Article 37;

Added:(d) the coordination of any changes to allocated multi-network capacity rights in accordance with section 4with a view to ensuring the integrity of multi-network capacity rights at all times.

Added:If infrastructure managers fail to appoint a single point of contact, the infrastructure manager on whose network the first place of departure is located shall be responsible to act as the single point of contact for enquiries related to the specific capacity request.

Added:3. Infrastructure managers shall not provide capacity rights of worse quality in response to requests for multi-network capacity rights compared to requests for capacity concerning a single network.

Added:4. As regards the compensation for changes to capacity rights referred to in Article 40, a multi-network capacity right shall be considered as a single capacity right. In particular, a cancellation due to force majeure on one network shall be considered as a cancellation due to force majeure for the capacity right along the entire route covered by it.

Added:5. By ... [24 months from 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. [Am. 126]

Added:5a. The Commission shall, by ... [24 months from 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. [Am. 127]

Added:Article 29 Cooperation in the allocation of rail infrastructure capacity and service facilities

Added: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) 2017/2177 shall cooperate with infrastructure managers for the purpose of the latter offering train paths that include railservice facility capacity. Other operators of service facilities may enter into an agreement with infrastructure managers for the joint provision of capacity. [Am. 128]

Added:2. Infrastructure managers shall provide a list in the network statement of the service facilities referred to in paragraph 1.

Added:3. Infrastructure managers shall ensure that applicants can request in one place andestablished in accordance with Article 27(4), the operation capacity rights on railway infrastructure and in the service facilities referred to in paragraph 1. [Am. 129]

Added:4. For the purpose of paragraph 3, infrastructure managers and operators of service facilityfacilities operators shall coordinate the capacity and shall provide capacity rights including capacity in the railservice facility that meets the requirements of the applicant or shall make an effort to provide a viable alternative. [Am. 130]

Added:5. The operators of impacted service facilities referred to in paragraph 1 shall make available information, upon request or in real time where necessary, about the available capacity to the infrastructure manager in a digital format in accordance with Article 62. [Am. 131]

Added:5a. When requesting capacity rights to access a service facility, applicants shall document the agreement of the service facility owner to accommodate their vehicles. [Am. 132]

Added:6. For the purpose of this Article and in accordance with Article 62, ENIM shall, upon approval by ERA and by ... [24 months from the entry into force of this Regulation], provide guidelines on the functional and technical requirements for the exchange of information between the operators of railservice facilities and infrastructure managers for the purposes of this Article. 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. [Am. 133]

Added:7. The ENRRB shall monitor the application of paragraph 76 and shall provide recommendations on the criteria to be used in assessing the requests for exemptions. [Am. 134]

Added:7a. 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. [Am. 135]

Added:7b. The Commission shall adopt, by ... [24 months from 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). [Am. 136]

Added:Article 30 Working timetable

Added:1. Infrastructure managers shall establish a new working timetable before the start of each working timetable period. The duration of the working timetable period shall be one year.

Added:Infrastructure managers shall initiate the preparation of the working timetable when allocating capacity through the annual allocation process referred to in Article 32, taking into account capacity rights allocated through framework agreements in accordance with Article 31 and through the rolling planning process referred to in Article 33.

Added:2. Infrastructure managers shall continuouslyat 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. [Am. 137]

Added:Article 31 Capacity allocation through framework agreements

Added:1. An applicant shall have the right to request infrastructure capacity over a period of time exceeding one working timetable period. Without prejudice to Articles 101, 102 and 106 TFEU, the infrastructure manager shall allocate such capacity through framework agreements concluded with that applicant, subject to paragraph 3 and paragraph 4.

Added:Framework agreements shall specify the capacity rights granted in the form of a capacity specification as referred to in paragraph 1, point (a) of Article 26. They may not include capacity rights in the form of a train path.

Added:Member States may require prior approval of framework agreements by the regulatory body.

Added: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. [Am. 138]

Added:2. An applicant who is a party to a framework agreement shall request the conversion of the capacity specifications included in the framework agreement into a corresponding train path in accordance with that agreement.

Added: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. [Am. 139]

Added: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. [Am. 140]