What changed between the adopted text of 12 Mar 2024 and the adopted text of 19 May 2026

Removed:2. The compensation referred to in paragraph 1 shall not be due in cases of force majeure.

Removed:3. Following a consultation of the ENRRB and ERP, ENIM shall, by [12 months from the entry into force of this Regulation], define harmonised conditions giving rise to compensation. Those conditions shall take into account the rules set out in Article 39(4) and (8). ENIM shall include these conditions in the European framework for capacity management referred to in Article 6. The ENRRB shall publish an opinion on the conditions defined by ENIM. [Am. 161]

Removed:4. Following the approval of the regulatory body, the infrastructure managers shall set out in the network statement the levels of compensation to be paid by the applicants.

Removed:Following a proposal by the infrastructure manager and after consulting applicants and potential applicants, the regulatory body shall set the levels of compensation to be paid by the infrastructure manager. The infrastructure manager shall publish that information in the network statement.

Removed:The levels of compensation shall be such that they provide effective incentives for the infrastructure manager and for applicants to respect the planned use of capacity and minimise disturbances. These levels shall be proportionate and non-discriminatory.

Removed:Infrastructure managers and regulatory bodies may set different levels of compensation depending on the impact of the change and whether the capacity can be re-allocated and used by another applicant. Those levels shall, in particular, take into account the rules in Article 39(4) and (8), the time left after the change was requested or took place until the time of the train run and the rate of utilisation of the rail infrastructure included in the capacity right.

Removed:5. In the case of multi-network capacity rights, the obligation to pay the compensation to the applicant shall apply to the infrastructure manager or managers which is or are responsible for the change to the capacity right, taking into account the capacity right in its entirety and, where more than one infrastructure manager is responsible, the ratio of the length of their networks in the capacity right. The compensation for the entirety of the capacity right shall not exceed the compensation due for the capacity right allocated by the infrastructure manager multiplied by three.

Removed:6. Regulatory bodies shall decide on disputes related to the reason for the change to a capacity right or delayeddelays in the payment of the compensation and shall take a decision without delay and within one month of collecting all the necessary information to assess the cause of the change. Regulatory bodies shall inform and may consult the ENRRB on such decisions. The ENRRB shall ensure that such decisions are coherent and based on commonly recognized principles. [Am. 162]

Removed:7. The Commission mayshall be empowered to adopt implementing acts settingdelegated acts in accordance with Article 71 to set out the conditions giving rise to the payment of compensations, the categorisation of changes to capacity rights and the methodologies to set the levels of compensation and to amend paragraph 2 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. 163]

Removed:Article 41 Rescheduling in the context of disruption management and crisis management

Removed:1. In the event of a network disruption as referred to in Article 46 or of a crisis situation as referred to in Article 47, the infrastructure manager or managers concerned shall make all possible efforts to reschedule traffic affected by the disruption. For that purpose, infrastructure managers shall allocate rail infrastructure capacity in accordance with the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44, on the basis of the contingency plans prepared in accordance with Article 19 and in close coordination with operational stakeholders and, where relevant, other stakeholders concerned.

Removed:2. By... [12 months from the entry into force of this Regulation], ENIM shall develop and adopt guidelines for managing and allocating infrastructure capacity in the event of a network disruption in a transparent and non-discriminatory way. In particular, ENIM shall provide guidelines on the application of the simultaneous capacity allocation process and the first come, first served principle. [Am. 164]

Removed:Where the simultaneous allocation process applies, ENIM shall provide guidelines on the procedures to be applied, involving as appropriate the application of the consensual conflict resolution processmechanism referred to in Article 36 and of the formal conflict resolution processmechanism referred to in Article 37.ENIM shall include those guidelines in the European framework for capacity management referred to in Article 6. [Am. 165]

Removed:3. When rescheduling, infrastructure managers shall not unilaterally change or cancel existing capacity rights for the purpose of managing disruptions. However, based on the experience of regulatory bodies, infrastructure managers and railway undertakings and on the activities of ENIM and the ENRRB, the Commission mayshall be empowered to adopt an implementing act settinga delegated act in accordance with Article 71 to set out the criteria and procedures for rescheduling, including unilateral changes to allocated capacity rights by infrastructure managers for the purpose of managing network disruptions and to amend paragraph 2 of this Article. Those delegated acts. That implementing act 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. 166]

Removed:4. Infrastructure managers and applicants may conclude, on a voluntary basis, agreements providing for a replacement of certain capacity rights in the event of a network disruption. Such agreements shall be mentioned in the contingency plan referred to in Article 19.

Removed:5. In the case of a network disruption affecting traffic on more than one network, the infrastructure managers concerned shall coordinate the allocation of alternative capacity in accordance with Article 53 and with the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44.

Removed:CHAPTER III TRAFFIC, DISRUPTION AND CRISIS MANAGEMENT

Removed:Article 42 Traffic management, disruption management and crisis management

Removed:1. Infrastructure managers shall perform traffic management in accordance with this Regulation and Directive (EU) 2016/797 and the specifications laid down in implementing acts adopted under that Directive.

Removed:For that purpose, infrastructure managers shall perform:

Removed:(a) traffic management during normal operating conditions involving the management of incidents resulting in limited deviations from the working timetable;

Removed:(b) disruption management to address significant disturbances to network operations requiring concerted action in accordance with Article 46;

Removed:(c) traffic management during crisis situations as set out in Article 47.

Removed:2. In the event of large-scale crisis situations, both within and beyond the transport sector, Member States may implement measures derogating from the rules applicable in normal situations in accordance with Article 47. In such cases and where relevant, infrastructure managers shall adopt and apply special rules and procedures, subject to the conditions specified in Article 47.

Removed:2a. Infrastructure managers shall publish and make freely accessible the special rules and procedures referred to in paragraph 2. They shall notify them to the Commission. [Am. 167]

Removed:3. When managing traffic, infrastructure managers shall adhere to the principles set out in Article 2.

Removed:In particular, infrastructure managers shall minimise disturbances and their impact on rail traffic and shall:

Removed:(a) ensure a fast and coordinated reaction to disturbances, in particular in the event of network disruptions and crisis situations;

Removed:(b) stabilise and optimise rail traffic during the entire duration of network disruptions and crises;

Removed:(c) provide relevant, accurate and up-to-date information to operational stakeholders and to other concerned parties, in particular authorities in charge of managing crisis situations outside the rail sector. This information shall be provided by the appropriate means, including those referred to in Article 62.

Removed:Article 43 Rules and procedures for traffic management and disruption management

Removed:1. By ... [18 months from the entry into force of this Regulation], infrastructure managers shall put in place rules and procedures to manage deviations of train movements from the working timetable. Those rules and procedures shall be published in the network statement referred to in Article 27 of Directive 2012/34/EU and shall cover traffic management in the situations set out in Article 42(1), points (a), (b) and (c) of this Regulation. [Am. 168]

Removed:2. The rules and procedures referred to in paragraph 1 shall aim at minimising the overall impact of deviations from the timetable on rail traffic, taking into account the needs of all types of transport. The principlesrules and procedures may involve priority rules for the management between the different types of traffic and the specific procedures, criteria and targets to be applied in an optimisation-based approach that relies on the optimisation of a target function, such as the minimization of the delay minutes or of the time to return to normal operations, rather than explicit priority rules. [Am. 169]

Removed:3. In the event of a disruption to train movements caused by technical failure or accident, the infrastructure manager shall, without delay, take all necessary steps to restore the situation to normal. To that end, it shall implement a contingency plan in accordance with Article 19. In the event of a disturbance which has a potential impact on cross-border traffic, the infrastructure managers concerned shall cooperate with each other to restore the cross-border traffic to normal in accordance with the European framework for the coordination of traffic, disruption and crisis management referred to in Article 44. [Am. 170]

Removed:4. When setting out the rules and procedures referred to in paragraph 1, infrastructure managers shall take the utmost account of the European framework for the coordination of traffic, disruption and crisis management referred to in Article 44. They shall explain in the network statement the reason for any deviation from the common rules and procedures established in the European framework for the coordination of traffic, disruption and crisis management.

Removed:4a. Deviations shall only be allowed in duly justified cases and shall be approved by the national regulatory body. [Am. 171]

Removed:5. In cases of force majeure, and, where absolutely necessary, on account of an incident making the infrastructure temporarily unusable, allocated capacity rights may be withdrawn without warning for as long as is necessary to repair the system whilst at the same time making the utmost efforts to provide possible alternatives. [Am. 172]

Removed:The infrastructure manager may, if it deems this necessary, require railway undertakings to make available to it the resources which it considers are the most appropriate to restore the situation to normal as soon as possible.

Removed:5a. In the case of a capacity withdrawal, infrastructure managers shall inform railway undertakings timely on their time management, on progress of repairs and on possible alternatives to their allocated capacity. [Am. 173]

Removed:6. Member States may require railway undertakings to be involved in assuring the enforcement and monitoring of their own compliance with the safety standards and rules.

Removed:6a. The Commission shall adopt, by [24 months from the entry into force of this Regulation], implementing acts to set out rules and procedures to manage deviations of train movements from the working timetable and amend paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3). [Am. 174]

Removed:Article 44 European framework for the coordination of cross-border traffic management, disruption management and crisis management

Removed:1. ENIM shall develop and adopt a European framework for the coordination of cross border traffic, traffic disruption and crisis management in accordance with Article 42 at the latest by [12 months after the entry into force of this Regulation].

Removed:ENIM shall develop the European framework for the coordination of cross-border traffic management, disruption management and crisis management in cooperation with operational stakeholders and interested parties through the consultation process referred to in Article 54, taking into account the work of the Europe’s Rail Joint Undertaking established in Title IV of Regulation (EU) 2021/2085 2012/2085. [Am. 175]

Removed:2. The European framework for the coordination of cross-border traffic management, disruption management and crisis management shall provide guidelines for the coordination between infrastructure managers, railway undertakings and other operational stakeholders, including ENRRB. [Am. 176]

Removed:3. In particular, the European framework for the cross-border coordination of traffic management, disruption management and crisis management shall comprise the elements listed in Annex V.

Removed:3a. Taking into account the framework adopted by ENIM in accordance with paragraph 1, the Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out the details for the coordination of cross-border traffic management, disruption management and crisis management and to amend paragraph 2 of this Article. Those delegated acts shall be adopted by ... [24 months from the entry into force of this Regulation]. [Am. 177]

Removed:Article 45 Coordination of traffic management, disruption management and crisis management

Removed:Infrastructure managers shall coordinate traffic management in accordance with Article 53 and on the basis of the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44.

Removed:Coordination shall ensure in particular:

Removed:(a) that international rail services operate with minimum disruptions both under regular operations and in disturbed situations;

Removed:(b) that the specific challenges related to cross-border sections resulting, inter alia, from limited interoperability in terms of infrastructure, technical equipment and operations, language and training requirements related to staff, administrative or border formalities are properly taken into account;

Removed:(c) an efficient exchange of up-to-date and relevant information between infrastructure managers, applicants, railway undertakings and other operational stakeholders, as well as any EU-level relevant crisis management governance structures as appropriate, including in accordance with Article 62.

Removed:Article 46 Network disruptions

Removed:1. Where an incident results or is likely to result in restrictions to network operations, which require concerted action by operational stakeholders to ensure the best possible management of traffic during the restrictions, the affected infrastructure managers shall assess the likely duration and impact of the incident on the basis of all available information and previous experience.

Removed:If the estimated duration and impact meet the criteria for the declaration of network disruptions as set out in Annex VI, the infrastructure managers concerned shall declare a network disruption and implement the measures laid down in Article 43.

Removed:2. Where the incident has, or is likely to have, impacts on more than one network, the manager of the infrastructure manager wherein which the incident took place shall declare a multi-network disruption and coordinate actions in accordance with Articles 44, 45 and 53. [Am. 178]

Removed:3. ENIM shall define a harmonised method to estimate the likely duration and impact of network disruptions and include it in the European framework for the coordination of traffic, disruption management and crisis management referred to in Article 44. [Am. 179]

Removed:4. The infrastructure manager shall inform, as soon as possible, interested parties about the unavailability of infrastructure capacity, in particular due to an incident.

Removed:The regulatory body may require the infrastructure manager to make such information available to it, if it deems it necessary.