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

Removed:(12) ‘partitioning of infrastructure capacity’ means assigning shares of the total available capacity of an element of infrastructure to different types of rail transport services and to capacity restrictions resulting from infrastructure work.

Removed:(13) ‘working timetable’ means the continuously updated data defining all planned train and rolling-stock movements which will take place on the relevant infrastructure, as expressed by allocated capacity rights, during a working timetable period;

Removed:(14) ‘working timetable period’ means the period of time during which a given working timetable is valid;

Removed:(15) ‘infrastructure work’ means interventions on the railway infrastructure for the purpose of development, maintenance, renewal and upgrade of the railway infrastructure as defined in Article 3, points (2a), (2c), (2d), and (2e) of Directive 2012/34/EU;

Removed:(16) ‘regulatory body’ means the regulatory body referred to in Article 55 of Directive 2012/34/EU;

Removed:(17) ‘incident’ shall mean any occurrence, or series of occurrences having the same origin, which causes disruption of rail traffic.

Removed:(17a) 'systematic train paths’ means train paths that are based on Articles 11 and 20 of this Regulation, pre-planned in a regular schedule for the period of a working time table. [Am. 40]

Removed:CHAPTER II MANAGEMENT OF INFRASTRUCTURE CAPACITY

Removed:SECTION 1 General principles for the management of infrastructure capacity

Removed:Article 5 Capacity management

Removed:1. Infrastructure managers shall manage rail infrastructure capacity through a planning and allocation process comprising three phases:

Removed:(a) strategic capacity planning as referred to in section 2;

Removed:(b) scheduling and allocation of infrastructure capacity as referred to in section 3;

Removed:(c) adaptation and rescheduling of allocated capacity as referred to in section 4.

Removed:2. In addition to the content laid down in Annex IV to Directive 2012/34/EU, Infrastructure managers shall include in the network statement referred to in Article 27 of that Directive a section on the infrastructure made available to railway undertakings; a section on capacity management; a section on operations, including on traffic management, disruption management and crisis management; and a section on performance management, in accordance with Annex IV.

Removed:3. Decision making concerning capacity management as referred to in paragraph 1, including both the definition and the assessment of availability and the allocation of capacity rights, shall be an essential function of the infrastructure manager within the meaning of Article 3, point (2f) of Directive 2012/34/EU. The provisions on essential functions laid down in that Directive shall apply to it.

Removed:Article 6 European framework for capacity management

Removed:1. Infrastructure managers shall strive to follow common principles and procedures for the management of rail infrastructure capacity. For this purpose, ENIM shall develop in consultation with ERP and adopt a ‘European framework for capacity management’ in accordance with the provisions of Chapter II by …[12 months offrom the entry into force of this Regulation]. [Am. 41]

Removed:2. The European framework for capacity management shall define common principles and procedures for the management of rail infrastructure capacity and for the coordination between infrastructure managers, railway undertakings and other applicants, rail service facility operators and other operational stakeholders.

Removed:3. The European framework for capacity management shall include at least the elements listed in Annex III and shall be updated when necessary to take into account the experience of infrastructure managers, railway undertakings and other applicants and based on the activities of ENIM.

Removed:4. Infrastructure managers shall take the utmost account of the European framework for capacity management when preparing the network statement referred to in Article 27 of Directive 2012/34/EU, in particular the contents specified in Annex IV of this Regulation. They shall explainjustify in the network statement the reason for any deviation from the common principles and procedures established in the European framework for capacity management. Deviations shall only be allowed in exceptional cases and they shall be subject to approval by the national rail regulatory body. [Am. 42]

Removed:4a. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out the common principles and procedures for the management of rail infrastructure capacity 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. 43]

Removed:Article 7 Applicants

Removed:1. Applicants shall make requests for infrastructure capacity. In order to use such infrastructure capacity, applicants, who are not a railway undertaking, shall appoint a railway undertaking to conclude an agreement with the infrastructure manager in accordance with Article 28 of Directive 2012/34/EU. This is without prejudice to the right of applicants to conclude framework agreements with infrastructure managers under Article 31 of this Regulation. [Am. 44]

Removed:2. The infrastructure manager mayshall set requirements with regard to applicants to ensure that its legitimate expectations about future revenues and utilisation of the infrastructure are safeguarded. Such requirements shall be appropriate, transparent and non-discriminatory. They shall be specified in the network statement as referred to in point (1)(b)(2)(c) of Annex IV. They may only include the provision of a financial guarantee that shall not exceed an appropriate level which shall be proportional to the contemplated level of activity of the applicant, and assurance of the capability to prepare compliant bids for infrastructure capacity. [Am. 45]

Removed:3. The Commission mayshall, by [24 months from the entry into force of this Regulation], adopt implementing acts settingto set out the details of the criteria to be followed for the application of paragraph 2 and to amend paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3). [Am. 46]

Removed:Article 8 Management of scarce infrastructure capacity

Removed:1. Infrastructure managers shall ensure that scarce infrastructure capacity is managed in accordance with the principles set out in Article 26 of Directive 2012/34/EU and in Article 2 of this Regulation in all phases of the capacity management process referred to in Article 5.

Removed:2. When taking decisions on scarce capacity, infrastructure managers shall take into account strategic guidance on the utilisation of infrastructure capacity provided by Member States in accordance with Article 11(3).

Removed:Without prejudice to State aid rules, Member States mayshall, where appropriate, grant the infrastructure manager compensation corresponding to losses of revenue related exclusively to the need to comply with the strategic guidance regarding the use of rail infrastructure capacity. [Am. 47]

Removed:3. Infrastructure managers shall plan and allocate scarce capacity to the largest extent possible through the consensual conflict resolution mechanism referred to in Article 36 involving the applicants concerned and resulting in consensual solutions to conflicting capacity needs and requests.

Removed:4. If the mechanism referred to in paragraph 3 does not result in a satisfactory resolution of conflicting capacity needs and requests, infrastructure managers shall manage scarce capacity or resolve conflicts through objective, transparent and non-discriminatory procedures.

Removed:Those procedures shall assess alternative options for the use of infrastructure capacity, based on the following socioeconomic and environmental criteria, subject to the availability of standardised data made available by the applicants shall make available to the infrastructure managers. The criteria shall include but shall not be limited todata: [Am. 48]

Removed:(a) operating cost for operators of rail transport services and the resulting impact on prices for customers of rail transport services;

Removed:(b) time-related cost for customers of rail transport services;

Removed:(c) connectivity and accessibility, both as a network effect on the overall network and network segments, for people and regions served by the rail transport services; [Am. 49]

Removed:(d) emissions of greenhouse gases, local air pollutants, noise and other external cost of rail transport services and by their likely alternatives;

Removed:(e) safety and public health implications of rail transport services and their likely alternatives.

Removed:(ea) modal shift effects towards rail. [Am. 50]

Removed:5. ENIM shall, in consultation with ERP, prepare and adopt the procedures referred to in paragraph 4 and include them in the EUEuropean framework for capacity management referred to in Article 6. The procedures shall involve the following steps: [Am. 51]

Removed:(a) design alternative scenarios to partition the capacity available for every different typestype of rail transport services that apply for the same capacity, involving, where possible, the provision of alternative capacity on other routes or alternative timing with comparable characteristics both for domestic and cross-border services; [Am. 52]

Removed:(aa) design alternative scenarios to address capacity conflicts between two requests that both are not consistent with the strategic capacity planning; [Am. 53]

Removed:(b) evaluate and rank the scenarios on the basis of objective and transparent methodologies taking into account the socio-economic and environmental criteria set out in paragraph 4;

Removed:(c) select the highest ranked scenario on the basis of the evaluation referred to in point (b) and amend the definition of the capacity model and the capacity supply plan accordingly.

Removed:6. ENIM shall, in consultation with ERP, develop the methodologies referred to in paragraph 5, point b(b), of this Article. The parameters of those methodologies shall make it possible to take into account local or national circumstances based on accepted approaches and empirical evidence. ENIM shall include those methodologies in the European framework for capacity management referred to in Article 6. [Am. 54]

Removed:7. Taking into account experiences with the preparation and implementation of the framework referred to in paragraph 6, the Commission mayshall be empowered to adopt delegated acts in accordance with Article 71 to set implementing acts setting out the specific procedures, standardised data reflecting different market segments for the criteria and standardised methodologies to be applied for the management of scarce capacity and to amend paragraph 6 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. 55]

Removed:Article 9 Information about infrastructure capacity

Removed:1. Infrastructure managers shall provide interested parties, in particular applicants, potential applicants and regulatory bodies, with accurate and up-to-date information on the availability of infrastructure capacity throughout the entire capacity management process, including in the strategic planning phase referred to in section 2, during the scheduling and allocation processes set out in section 3 and whenever there are changes to allocated capacity as referred to in section 4, depending on the availability of the published capacity strategy, capacity model and capacity supply plan. [Am. 56]

Removed:Infrastructure managers shall publish any update to the capacity supply plan referred to in Article 18 and to the working timetable referred to in Article 30 without delay.

Removed:2. Infrastructure managers shall publish the information referred to in paragraph 1 in accordance with Article 62(5) and contribute to the development of relevant specifications in accordance with Article 62(3).

Removed:3. At the request of applicants, infrastructure managers shall provide the information referred to in paragraph 1 of this Article on the basis of concrete specifications of commercial and operational needs (‘feasibility assessments’). For cross-border services, infrastructure managers shall receive and answer to such requests in a single place and single operation or via a single interface established in accordance with Article 27 (4). [Am. 57]

Removed:Article 10 Capacity restrictions resulting from infrastructure work and degraded infrastructure

Removed:1. Without prejudice to Articles 7, 7c and 7e of Directive 2012/34/EU, infrastructure managers shall plan infrastructure work in accordance with the business plan and with the investment and financial programmes referred to in Article 8(3) of Directive 2012/34/EU. Where amendments to those programmes after the adoption of the business plan affect or are likely to affect the planning of infrastructure works, the infrastructure manager shall provide an overview of such amendments and their likely impact in the network statement. The Member State shall provide the infrastructure manager with stable and timely multiannual funding for the maintenance, renewal and new construction of rail infrastructure for a rolling period of at least five years via the multiannual performance agreement in order to support infrastructure managers to prevent the degrading of rail infrastructure and to minimise the impact on possible capacity restrictions. The annual budget available to infrastructure managers shall be made transparent to the infrastructure manager and be reliably allocated. [Am. 58]

Removed:2. When planning infrastructure works, the infrastructure manager shall act in accordance with Article 2(3) and Article 3.

Removed:In particular, the infrastructure manager shall take into account in a balanced way the impact of infrastructure works on its own asset management and financial situation as well as the operational and financial impact on all applicants concerned.

Removed:The funding provided by the Member State to the infrastructure manager shall aim at establishing such balance. The information needed for the infrastructure manager to comply with this provision shall be provided by applicants in a timely manner. [Am. 59 and 60]

Removed:3. The infrastructure managers shall consult applicants on the infrastructure works in the context of the coordination mechanisms referred to in Article 7e of Directive 2012/34/EC2012/34/EU and, as regards cross-border rail services, in accordance with Article 54 of this Regulation. [Am. 61]

Removed:4. Infrastructure manager shall plan, inform and consult applicants on capacity restrictions resulting from infrastructure works sufficiently in advance, taking into account the estimated impact on railway undertakings. For that purpose, infrastructure managers shall respect the schedule set out in section 3 of Annex I.

Removed:For capacity restrictions with a major impact on the capacity available to applicants, applicants may request the infrastructure manager to provide alternative planning for the capacity restriction with a view to identify and select an option that takes into account the impacts on applicants and infrastructure managers in a balanced way. The infrastructure manager shall provide those applicants with an indicative planning of alternative capacity available during the capacity restriction.

Removed:The indicative planning shall cover both the line affected and alternative lines and shall be reflected in the capacity model referred to in Article 17 and in the capacity supply plan referred to in Article 18.