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

Removed:(iii) capacity already allocated through framework agreements in accordance with Article 31 or through the multi-annual rolling planning process in accordance with Article 33;

Removed:(iv) capacity reserved for purposes other than those set out in points (i), (ii) and (iii), which shall be clearly indicated by the infrastructure manager.

Removed:The capacity supply plan shall indicate the restrictions applicable for the use of specialised infrastructure referred to in Article 24.

Removed:7. Infrastructure managers shall include in the capacity supply plan the elements listed in paragraph 6, point (b) of for the rail infrastructure that they manage.

Removed:Infrastructure managers shall include in the capacity supply plan all elements listed in paragraph 6 for all lines and nodes included in the TEN-T core and extended core network as defined in [new TEN-T Regulation]and ensure coherence with the capacity strategy. [Am. 95]

Removed:Infrastructure managers may include in the capacity supply plan the elements referred to in paragraph 6 for other lines and nodes of the network they manage.

Removed:8. When pre-planning capacity in accordance with paragraph 6, point (a)(ii), infrastructure managers shall follow the principles set out in Article 8(4).

Removed:Infrastructure managers shall pre-plan capacity based on the strategic guidance by Member States in accordance with Article 11(3), the results of the consultation of applicants in accordance with Article 13 and the coordination between infrastructure managers in accordance with Article 14.

Removed:9. The infrastructure manager shall submit the draft capacity supply plan to the regulatory body for scrutiny two months before the publication. The regulatory body shall analyse the capacity supplythis plan and may take a decision no later than one month before publication, requiring the infrastructure manager to amend the capacity supply plan. The decision of the regulatory body shall take into account any opinion of or recommendation by ENIM, where such has been provided. [Am. 96]

Removed:9a. With a view to ensuring the cross-border consistency of capacity supply plans, the decision of the regulatory body shall take into account, where relevant, any opinion or recommendation by ENRRB, ERA or by other regulatory bodies. [Am. 97]

Removed:10. By ... [12 months from the entry into force of this Regulation], and in consultation with ERP, ENIM shall adopt guidelines and include them in the European framework for capacity management referred to in Article 6, setting out the following: [Am. 98]

Removed:(a) the means for publication of the capacity supply plan, including digital services, tools, functions and interfaces;

Removed:(b) the process for the consultation of applicants on the capacity supply plan.

Removed:10a. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out common principles, procedures and methodologies for the guidelines referred to in paragraph 10 of this Article and to amend paragraph 10 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. 99]

Removed:Article 19 Contingency planning

Removed:1. Infrastructure managers shall put in place and implement a continuous process of contingency planning to prepare for disruptions of network operations and for other crisis situations affecting rail traffic.

Removed:Contingency planning shall provide the basis for traffic management, disruption management and crisis management in accordance with Article 42, with a view to enabling a fast reaction in such situations and to minimize their impact on rail traffic.

Removed:Infrastructure managers shall document the results of contingency planning in a contingency plan.

Removed:2. Contingency planning shall involve in particular:

Removed:(a) the designation of alternative routes allowing to re-route traffic in the event of non-availability of the lines included in the core and extended core TEN-T network as set out in Article 6 of and Annex I to [new TEN-T Regulation]a line; [Am. 100]

Removed:(b) an indicative planning of the infrastructure capacity available on the alternative routes designated in accordance with point (a) providing transparency about infrastructure capacity available on such lines, which can be utilised in the case of incidents and, in particular, network disruptions in accordance with Article 46;

Removed:(c) the definition of rules and procedures for traffic and crisis management, including on the sharing of information between infrastructure managers, other operational stakeholders and other stakeholders such as public authorities in charge of rail or security and emergency response, as well as criteria for the activation of these procedures;

Removed:(d) the identification and listing of bodies to be informed in the event of serious incidents or serious disruptions to train movements;

Removed:(e) any other preparations necessary to perform disruption management and crisis management in accordance with Article 42 and with the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44.

Removed:3. Infrastructure managers shall ensure the consistency of contingency planning with strategic capacity planning, in particular the capacity strategy, the capacity model, the capacity supply plan and with the planning for infrastructure works as referred to in Article 10.

Removed:4. The results of contingency planning, in particular the designation of alternative lines in accordance with paragraph 2, point (a) and the indicative capacity planning on alternative lines in accordance with paragraph 2, point (b) shall be included in the capacity model and in the capacity supply plan.

Removed:5. The Commission shall be empowered to adopt implementing acts settingdelegated acts in accordance with Article 71 to set out the details of the procedure and criteria to be followed for the application of paragraph 2 of this Article, in particular for situations which have a potential impact on cross-border traffic. Those implementingThese delegated 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]. [Am. 101]

Removed:Article 20 Criteria and procedures for the allocation of pre-planned capacity and for the definition of capacity planning objects

Removed:1. Infrastructure managers shall allocate pre-planned capacity included in the capacity supply plan referred to in Article 18 via transparent and non-discriminatory criteria and procedures.

Removed:2. Capacity planning objects shall define the characteristics and properties of different types of pre-planned capacity, including capacity available for requests by applicants, capacity reserved for infrastructure works and capacity already allocated. Those characteristics and properties shall include all aspects relevant for specific types of pre-planned capacity, such as route, timing, guaranteed or required minimum speed, the technical compatibility between rolling stock with infrastructure, parameters and number of slotstrain runs included. [Am. 102]

Removed:3. By .. [12 months from the entry into force of this Regulation] and in consultation with ERP, ENIM shall develop a common framework for the criteria and procedures referred to in paragraph 1 of this Article and include it in the European framework for capacity management referred to in Article 6. That common framework shall balance the benefits of reserving capacity for specific types of rail services or allocation processes with the need to ensuring flexibility to accommodate market needs in capacity allocation. For that purpose, the common framework shall provide for the possibility of taking into account requests for capacity rights not consistent with pre-planned capacity in the context of the consensual conflict resolution mechanism referred to in Article 36. [Am. 103]

Removed:4. ENIM shall develop and adopt formal specifications for capacity planning objects in human-readable and in machine-readable format. ENIM shall include these specifications in the European framework for capacity management referred to in Article 6 of this Regulation. Based on its experience in applying this Article, ENIM, following consultation with ERP shall provide information to the Commission on possible amendments to the technical specifications on interoperability as provided for by Directive (EU) 2016/797 and the implementing acts adopted under that Directive, in accordance with Article 62(3) of this Regulation. [Am. 104]

Removed:4a. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to set out the details of the procedure and criteria to be followed for the application of paragraph 1 of this Article, in particular for situations which have a potential impact on cross-border traffic, and to amend paragraph 1 of this Article. Those delegated acts shall be adopted by ... [24 months from the entry into force of this Regulation]. [Am. 105]

Removed:Article 21 Highly utilised and congested infrastructure

Removed:1. Infrastructure managers shall declare without delay an element of infrastructure either to be highly utilised or to be congested if at least one of the following conditions is met:

Removed:(a) the capacity utilisation has exceeded the threshold values for highly utilised or for congested infrastructure during the reference periods set out in point 1 of Annex II in the previous or the current working timetable period;

Removed:(b) the results of strategic capacity planning carried out in accordance with this section indicate that the capacity needs expressed during the strategic capacity planning phases exceed the capacity available for allocation during a given working timetable period;

Removed:(c) infrastructure works resulting in capacity restrictions scheduled in accordance with Article 10 result in capacity becoming scarce.

Removed:2. The declaration referred to in paragraph 1 shall specify the working timetable period and the element of infrastructure and the specific time periods to which it relates.

Removed:3. Conflicting individual capacity requests submitted for allocation during the working timetable period shall not be a ground for declaring an element of infrastructure to be highly utilised or congested unless the conditions set in paragraph 1 are met. [Am. 106]

Removed:4. Where infrastructure has been declared to be highly utilised or congested, the infrastructure manager shall carry out a capacity analysis in accordance with Article 22, unless a capacity-enhancement plan, as provided for in Article 23, is already being implemented.

Removed:5. For elements of infrastructure declared highly utilised or congested, infrastructure managers shall reserve capacity in the capacity supply plan referred to in Article 18, taking into account the outcome of the capacity analysis referred to in Article 22.

Removed:6. Where charges in accordance with Article 31(4) of Directive 2012/34/EU have not been levied or have not achieved a satisfactory result and the infrastructure has been declared to be congested, the infrastructure manager shall apply a procedure to partition or to allocate scarce infrastructure capacity on the basis of transparent and objective criteria. That procedure shall be implemented in accordance with Article 8 of this Regulation and shall be set out, together with the applicable criteria, in the network statement.

Removed:7. Infrastructure managers shall indicate infrastructure declared highly utilised or congested in the register of infrastructure referred to in Article 49 of Directive (EU) 2016/797.

Removed:8. The procedures to be followed and the criteria to be used where infrastructure is congested shall be set out in the network statement and shall respect any measures and criteria adopted in accordance with paragraph 76. [Am. 107]

Removed:9. The Commission shall be empowered to adopt delegated acts in accordance with Article 71 to amend Annex II, to ensure an efficient management of capacity on highly utilised and congested infrastructure and reflect the operational concerns of infrastructure managers and applicants, taking into account the experience of ENIM, infrastructure managers, applicants and other operational stakeholders, regulatory bodies and the ENRBENRRB in implementing this Article. [Am. 108]

Removed:Article 22 Capacity analysis in case of highly utilised or congested infrastructure

Removed:1. The infrastructure manager shall carry out a capacity analysis within six months of the declaration of infrastructure as highly utilised or congested.

Removed:The capacity analysis shall determine the constraints on infrastructure capacity which prevent the inclusion of capacity needs expressed by applicants in the capacity model, or in the capacity supply plan, or which prevent requests for infrastructure capacity from being adequately met.

Removed:The capacity analysis shall also include a first indicative set of possible measures to be taken in the short, medium and long term to ease the congestion and increase the availability of capacity. The capacity analysis shall differentiate between measures for highly utilised infrastructure and for congested infrastructure. [Am. 109]

Removed:2. The capacity analysis shall consider the characteristics of infrastructure in terms of capacity, capabilities and interoperability, operating procedures, the nature of the different services operating and the effect of all those factors on infrastructure capacity. Measures to be considered shall include in particular rerouting services, including via different networks if applicable, retiming services, speed alterations, harmonisation of operating procedures and infrastructure improvements. [Am. 110]

Removed:3. Infrastructure managers shall consult applicants on the draft capacity analysis in accordance with Article 7e of Directive 2012/34/EU and, if the section of the infrastructure concerned is part of a European Transport Corridor, in accordance with Article 54.

Removed:The infrastructure manager shall make public the result of the capacity analysis. ENIM shall ensure that these publications are easily available.

Removed:4. Infrastructure managers shall take into account the results of any capacity analysis carried out, including in other networks concerned, pursuant to this Article in strategic capacity planning, in particular in the capacity strategy, in the capacity model and in the capacity supply plan. [Am. 111]

Removed:The results of the capacity analysis shall be submitted to Member States’ authorities in charge of preparing the indicative rail infrastructure development strategy referred to in Article 8(1) of Directive 2012/34/EU and to the European Coordinator in charge of the European Transport Corridor concerned.

Removed:Article 23 Capacity-enhancement plan

Removed:1. For infrastructure declared to be congested in accordance with Article 21 and within six months of the completion of a capacity analysis in accordance with Article 22, the infrastructure manager shall establish a capacity-enhancement plan. [Am. 112]

Removed:The capacity-enhancement plan shall identify:

Removed:(a) the reasons for the congestion;

Removed:(b) the likely future development of traffic;