What changed between the plenary report of 5 Mar 2024 and the plenary report of 6 May 2026

Removed:Article 68 – paragraph 2 – point a b (new): (a b) following complaints from railway undertakings, operators of service facilities and other interested parties, adopt recommendations and opinions of the ENRRB in relation to the consultations referred to in Article 55 a, as well as to the decisions taken by ENIM working in cooperation with the network coordinator.

Removed:Article 68 – paragraph 2 – point c a (new): (c a) draft and adopt a recommendation to the ENIM as regards the establishment and review of the European framework for performance review.

Removed:Article 69 – paragraph 1 a (new): 1 a. The Board shall meet in regular intervals. It shall elect a Chair from among its members with a two-thirds majority of its members and shall serve a term of one year.

Removed:Article 69 – paragraph 2: 2. The Commission shall attend, support and facilitate coordination during the meetings of the Board. It shall have no voting right.

Removed:Article 70 – paragraph 3: 3. The working groups shall be open, upon invitation, to the participation of experts from rail regulatory bodies, the Commission, ERA, and, where relevant, from operational stakeholders andfrom other public or private bodies.

Removed:Article 70 – paragraph 5: 5. The Board or the Chairs of the working groups may invite experts from rail regulatory bodies, the Commission, ERA, operational stakeholders and - where relevant - from other public or private bodies as well as individual experts recognised as competent in the relevant field to participate in the working group meetings if necessary on a case-by-case basis.

Removed:Article 71 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 6(4a), Article 8(7), Article 10(8), Article 11(2) and (4a), Article 12(9a), Article 18(10a), Article 19(5), Article 20(4a), Article 21(9), Article 38(3), Article 39 (8a) and (9), Article 40(7), Article 41 (3), Article 44(3a), Article 46(6), Article 48(3) Article 52 (1), Article 53(5) and Article 62(5a), and shall be conferred on the Commission for a period of five years from [1 January 2026]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Removed:Article 74 – paragraph 1 – point c: (c) In Article 3, points (20), (22), (23), (27) and (28) are deleted;

Removed:Article 74 a (new): Article 74a Amendments to Regulation (EU) 2016/796 / 1. Regulation (EU) 2016/796 is amended as follows: / a) In Article 19 (1), the following point is added:: / (m) issue recommendations to the Commission, upon request, regarding the drafting and updating of implementing and delegated acts provided for in Regulation of the European Parliament and of the Council (EU) .../...[Regulation on the use of railways infrastructure capacity in the single European railways area, amending Directive 2012/34/EU and repealing Regulation (EU) No 913/2010] .

Removed:Article 74 b (new): Article 74b Amendments to Directive (EU) 2016/797 / 1. Directive (EU) 2016/797 is amended as follows: / (a) In point 2 of Annex II, the following point is added: / 2.9 Use of railway infrastructure capacity: the structures, bodies and procedures referred to in Regulation (EU) .../... of the European Parliament and of the Council [this Regulation]

Removed:Article 75 – paragraph 1: 1. Framework agreements concluded in accordance with Article 42 of Directive 2012/34/EU before 1 January 2026 shall continue to apply until their expiration date.

Removed:Article 77 – paragraph 2 – subparagraph 1 – point a: (a) Articles 1, 2 and 3, Chapter II, with the exception of Article 9(1) and (2) and Articles 26, 27, 28, 31, 39 and 50, and Chapter III, with the exception of Article 48, shall apply only to activities and tasks carried out in relation to the working timetables entering into force after 8 December 2027;

Removed:Article 77 – paragraph 2 – subparagraph 1 – point b: (b) Article 9(1) and (2) shall apply from 1 January 2027;

Removed:Article 77 – paragraph 2 – subparagraph 1 – point c a (new): (c a) Article 35 shall apply from1 December 2028;

Removed:Article 77 – paragraph 2 – subparagraph 1 – point c b (new): (c b) Article 40 shall apply from 1 December 2027;

Removed:Article 77 – paragraph 2 – subparagraph 1 – point e: (e) Article 74 shall apply from 9 December 2027.

Removed:Annex I – point 3 – point 1: 1. As regards temporary restrictions of the capacity of railway lines, for reasons such as infrastructure works, including associated speed restrictions, axle load, train length, traction, or structure gauge (‘capacity restrictions’), of a duration of more than 7 consecutive days and for which more than 30 % of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes of transport, the infrastructure managers concerned shall publish all capacity restrictions, as far as they are known, and the preliminary results of a consultation with the applicants for a first time at least 24 months and, in an updated form, for a second time at least 12 months before the change of the working timetable concerned. These infrastructure restrictions shall be included in the capacity supply plan referred to in Article 18.

Removed:This provision was transferred from Annex VII of directive 2012/34, which was already very ambitious. Annex VII of directive 2012/34 included the wording as far as they are known regarding the requirement to publish all capacity restrictions. A further tightening of the requirements by not transferring the wording “as far as they are known” to this Regulation does not add any benefits for applicants, as European Infrastructure Managers have to be able to meet the already ambitious requirements.

Removed:Annex I – point 3 – point 7: 7. Without prejudice to Article 40, the infrastructure manager may decide not to apply the periods laid down in points (1) to (5), if the capacity restriction is necessary to re-establish safe train operations, the timing of the restrictions is beyond the control of the infrastructure manager or unnecessarily damaging in respect of asset life or condition, or if all concerned applicants agree. In those cases and in case of any other capacity restrictions that are not subject to consultation in accordance with other provisions of this Annex, the infrastructure manager shall consult the applicants and the main operators of service facilities concerned forthwith.

Removed:The shortening of the consultation of draft capacity offers from 1 month to 2 weeks cannot be done within the current level of digitalisation and restriction planning; it is currently not possible to process the observations in 2 weeks. We would therefore like to clarify that all prerequisites must be met before shortening this period.

Removed:Annex IV – paragraph 1 – point 2 – point a: (a) the procedures according to which applicants are consulted (see Article 55 a new on EOSP) on strategic capacity planning;