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

Removed:5. Infrastructure managers shall take into account and mitigate the impact of infrastructure works on cross-border traffic. Infrastructure managers shall coordinate in accordance with Article 53 all infrastructure works on the lines referred to in Article 53(3) and any other infrastructure work with significant cross-border impact.

Removed:Coordination shall address in particular the optimisation of the schedule of infrastructure works and the provision of alternative capacity on the line affected and on alternative routes, taking into account the operational, infrastructure and commercial needs of various applicants. [Am. 62]

Removed:The rail freight governance shall submit a recommendation on the coordination of works to its respective infrastructure managers three months prior to the period as defined in paragraph 4. [Am. 63]

Removed:6. Reductions in the capacity or performance of infrastructure below its design values resulting from the degradation of assets, such as reductions in permissible speed or axle load, shall also be considered as capacity restrictions. The information obligations set out in Article 9 shall apply to such restrictions.

Removed:7. Infrastructure managers shall publish information and consult applicants on planned temporary capacity restrictions, their impact on capacity available for commercial purposes and on alternative capacity as early as possible.

Removed:8. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend section 3 of Annex I with a view to reduce the impact of capacity restrictions resulting from infrastructure works on rail traffic while taking into account planning, operational, technical and commercial considerations of the stakeholders concerned.

Removed:SECTION 2 STRATEGIC CAPACITY PLANNING

Removed:Article 11 Strategic capacity planning

Removed:1. Strategic capacity planning shall include all activities set out in Articles 12 to 25.

Removed:2. Strategic capacity planning shall result in the following sequence of planning documents which provide progressively increasing level of details about available capacity:

Removed:(a) the capacity strategy referred to in Article 16;

Removed:(b) the capacity model referred to in Article 17;

Removed:(c) the capacity supply plan referred to in Article 18.

Removed:The contents of and the schedule for preparing those deliverables are set out in sections 1 and 2 of Annex I. All content shall be made available by the infrastructure manager in the official language of the Member State and in English. [Am. 64]

Removed:Infrastructure managers shall adopt the planning documents as a basis for the next phase in the planning process.

Removed:The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend sections 1 and 2 of Annex I, to ensure an efficient strategic planning process and reflect the operational concerns of infrastructure managers and applicants, taking into account a recommendation from ERA and the experience of ENIM, infrastructure managers, applicants and other operational stakeholders, regulatory bodies and the ENRBENRRB in implementing this section. [Am. 65]

Removed:3. Subject to the principle of management independence laid down in Article 4 of Directive 2012/34/EU, Member States may provide the infrastructure manager with strategic guidance based on the indicative rail infrastructure development strategies referred to in Article 8(1) of Directive 2012/34/EU. The guidance shall be provided by Member States in a timely manner to allow infrastructure managers and operational stakeholders to follow the deadlines set out in Annex I of this Regulation. That guidance may cover/contain in particular: [Am. 66]

Removed:(a) general objectives of national rail policy relevant for strategic capacity planning within the scope of this Regulation;

Removed:(b) an outlook on the development of rail infrastructure, taking into account relevant plans, including long-term strategic infrastructure plans and strategies at national or regional level and the work plans of the European Transport Corridors referred to in Article 5354 of Regulation (EU) 2024/... of the European Parliament and of the Council [new TEN-T Regulation]; [Am. 67]

Removed:(c) general requirements and guidelines as regards the use of rail infrastructure capacity, which the infrastructure manager shall take into account in strategic capacity planning, in particular in relation to highly utilised and congested infrastructure referred to in Article 21;

Removed:(d) an outlook on the planned development of rail services operated under public service obligations, taking into account, where necessary, the views of the regional or local authorities involved.

Removed:Member States shall coordinate the timely provision of guidance to andto ensure consistency between the respective strategic guidance they provide in accordance with this paragraph with a view to supporting the development of international passenger and freight rail services. With a view to Article 8 of Directive 2012/34/EU, Member States shall ensure advance allocation of financial resources for the infrastructure managers for regular maintenance of infrastructure and financial resources for infrastructure development described in the capacity strategy as referred in Article 16 of this Regulation. The Member States shall coordinate their long-term strategic infrastructure and timetable plans, their infrastructure development based on these plans and coordinate the timelines of their implementation. [Am. 68]

Removed:4. Strategic capacity planning shall not involve the granting of capacity rights to individual applicants in accordance with Article 26.

Removed:4a. Taking into account experiences with the preparation and implementation of the strategic guidance referred to in paragraph 3, the Commission may adopt delegated acts in accordance with Article 71 to set out the specific legal status, template, procedures, criteria and methodologies to be applied for adopting national strategic guidance to ensure consistency between those strategic guidances issued by Member State, which are necessary to support the development of international rail freight and passenger services. [Am. 69]

Removed:Article 12 General requirements for strategic capacity management

Removed:1. Infrastructure managers shall take into account in a balanced, fair and non-discriminatory manner all types of rail transport services for which they are liable to receive requests for capacity, irrespective of their volume, size of downstream market, stability between consecutive timetables, regularity or frequency within a given working timetable period.

Removed:2. In strategic capacity planning, in particular in the capacity model referred to in Article 17 and in the capacity supply plan referred to in Article 18, infrastructure managers shall differentiate at least between the following types of rail transport services:

Removed:(a) freight transport services;

Removed:(b) inter-urban passenger services (long distance);

Removed:(c) urban and regional passenger services.

Removed:If necessary, in the light of experience gained in the implementation of this Regulation, ENIM in cooperation with ERP may define a more detailed list which further differentiates between types of rail transport services. With a view to supporting the cross-border consistency of the strategic planning process, a harmonised list shall be included in the European framework for capacity management referred to in Article 6. [Am. 70]

Removed:3. In strategic capacity planning, in particular in the capacity model referred to in Article 17 and in the capacity supply plan referred to in Article 18, infrastructure managers shall indicate the pre-planned capacity suitable for the provision of multi-network transport services.

Removed:4. Strategic capacity planning shall also take into account:

Removed:(a) the observed structure and developments of demand for infrastructure capacity, as identified through capacity allocation in previous working timetable periods and through the market monitoring referred to in Article 15 of Directive 2012/34/EU;

Removed:(b) the expected development of transport needs and of the resulting demand for rail transport services and infrastructure capacity, as identified through the analysis referred to in Article 15 of this Regulation;

Removed:(c) the capacity needs announced by operational stakeholders and the input from the consultation of current and potential applicants in accordance with Article 13; [Am. 71]

Removed:(d) the expected or planned development of infrastructure capacity, in particular as identified in the indicative rail infrastructure development strategy referred to Article 8(1) of Directive 2012/34/EU and the business plan of the infrastructure manager referred to in Article 8(3) of Directive 2012/34/EU;

Removed:(e) the planned infrastructure works which are expected to affect the network;

Removed:(f) The characteristics of different rail transport markets, as regards in particular:

Removed:(i) speed;

Removed:(ii) frequency;

Removed:(iii) tolerance for deviations from the allocated train path;

Removed:(iv) possibility to re-route, reschedule or replace services by other modes in the event of network disruptions;

Removed:(v) volatility of demand for rail transport and the consequent need to plan rail services on a different time horizon.

Removed:(fa) as far as possible, the socio-economic and environmental impact of the use of infrastructure capacity. [Am. 72]

Removed:5. Strategic capacity planning shall reflect the capacity allocated through framework agreements and rolling planning.

Removed:6. Strategic capacity planning shall cover the lines part of the TEN-T core and extended core network referred to in Article 6 of and Annex I to [new TEN-T Regulation]Single European Railway Area. Infrastructure managers may include other lines and nodes of the network they manage. [Am. 73]

Removed:Strategic capacity planning shall be carried out at a level which is sufficiently detailed to allow capacity planning for specific sections of the network. For this purpose, the network shall be represented by nodes and sections that allow to take into account relevant characteristics of capacity demand and supply.

Removed:These nodes and sections shall be indicated in the register of infrastructure referred to in Article 49 of Directive (EU) 2016/797.

Removed:7. Strategic capacity planning shall cover a period that is at least five years ahead in time. Infrastructure managers may extend the period to more than five years, in particular to support infrastructure development within the framework of the indicative rail infrastructure development strategy referred to in Article 8(1) of Directive 2012/34/EU.

Removed:8. Infrastructure managers shall regularly review and update the results of the strategic capacity planning taking account, in particular, of the following:

Removed:(a) the development of the railway infrastructure;

Removed:(b) changes in market demand for infrastructure capacity taking into account needs announced by applicants for new or modified services; [Am. 74]

Removed:(c) the results of the allocation processes set out in sections 3 and 4 in previous working timetable periods, including the degree of utilisation of infrastructure capacity by applicants;

Removed:(d) insights from traffic management performed in accordance with Chapter III;

Removed:(e) the result of disruption and crisis management performed in accordance with Chapter III;

Removed:(f) the results of the performance review in accordance with Chapter IV.

Removed:9. By... [12 months from the entry into force of this Regulation], ENIM shall develop guidelines setting out common principles, procedures and methodologies for strategic capacity planning. It shall include those guidelines in the European framework for capacity management referred to in Article 6 of this Regulation. Those guidelines should contain at least the elements listed in Annex III to this Regulation. The infrastructure managers shall take the utmost account of those guidelines in the network statement referred to in Article 27 of Directive 2012/34/EU. They shall explain in the network statement the reason for any deviation from the common principles, procedures and methodologies established in the guidelines. [Am. 75]

Removed:9a. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out common principles, procedures and methodologies for strategic capacity planning and to amend paragraph 9 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. 76]

Removed:Article 13 Consultation of stakeholders on strategic capacity planning