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

Removed:(c) the constraints on infrastructure development;

Removed:(d) the options and costs for capacity enhancement, including measures described in Article 22 (2) and likely changes to access charges. [Am. 113]

Removed:On the basis of a cost benefit analysis of the possible measures identified, the capacity-enhancement plan shall also determine the action to be taken to enhance infrastructure capacity, including a timetable for implementing the measures.

Removed:2. The capacity-enhancement plan shall be established after consultation with users of the relevant congested infrastructure in accordance with Article 13.

Removed:It may be subject to prior approval by the Member State.

Removed:3. The Member State concerned shall take into account capacity-enhancement plans when renewing the indicative rail infrastructure development strategy referred to in Article 8(1) of Directive 2012/34/EU.

Removed:The European Coordinator of the European Transport Corridor concerned shall take into account the capacity-enhancement plan in its work plan referred to in Article 53 of [new TEN-T Regulation].

Removed:On the basis of a capacity analysis, the Member State shall construct or upgrade the infrastructure needed. [Am. 114]

Removed:4. Without prejudice to Article 40 of this Regulation, the infrastructure manager shall cease to levy any charges for the relevant infrastructure under Article 31(4) of Directive 2012/34/EU in one of the following cases:

Removed:(a) the infrastructure manager does not produce a capacity-enhancement plan;

Removed:(b) the infrastructure manager does not make progress with the actions identified in the capacity enhancement plan.

Removed:5. Notwithstanding paragraph 4, the infrastructure manager may, subject to the approval of the regulatory body, continue to levy the charges in one of the following cases:

Removed:(a) if the capacity-enhancement plan cannot be realised for reasons beyond its control;

Removed:(b) if the options available are not economically or financially viable.

Removed:Article 24 Specialised infrastructure

Removed:1. Without prejudice to paragraph 2, infrastructure capacity shall be considered to be available for the use of all types of traffic compatible with the route intended for operation in accordance with Directive (EU) 2016/797 and the specifications laid down in implementing acts adopted under it.

Removed:2. Where there are suitable alternative routes and where in accordance with the procedure set out in Article 25 it can be demonstrated that it is justified from a social, economic and environmental perspective to do so, the infrastructure manager may, after consultation with interested parties, designate particular infrastructure for use by specified types of traffic. In that case the infrastructure manager shall indicate the designation in the planning documents referred to in Article 11(2) and shall reserve capacity for the specified types of traffic in the capacity supply plan.

Removed:Such designation shall not prevent the use of such infrastructure by other types of traffic when capacity is available.

Removed:3. Infrastructure designated pursuant to paragraph 2 shall be indicated in the network statement, in the register of infrastructure referred in Article 49 of the Directive (EU) 2016/797, in the capacity strategy, in the capacity model and in the capacity supply plan.

Removed:Article 25 Partitioning of infrastructure capacity on the basis of socio-economic and environmental criteria

Removed:1. Where an element of infrastructure has been declared to be highly utilised or congested in a future working timetable period, the infrastructure manager shall partition capacity on that element of infrastructure in the capacity model referred to in Article 17 and in the capacity supply plan referred to in Article 18 which relate to the working timetable period concerned.

Removed:2. When partitioning infrastructure capacity declared to be congested pursuant to paragraph 1, the infrastructure manager shall act in accordance with Article 8. [Am. 115]

Removed:By ... [24 months from the entry into force of this Regulation], where partitioning infrastructure capacity was declared to be highly utilised pursuant to paragraph 1 of this Article, the infrastructure manager shall act in accordance with Article 8. [Am. 116]

Removed:The infrastructure manager shall take into account the need for capacity for multi-network rail services, especially international rail freight services. [Am. 117]

Removed:SECTION 3 Scheduling and capacity allocation

Removed:Article 26 Capacity rights

Removed:1. Applicants may apply under public or private law to the infrastructure manager to request an agreement granting rights to use railway infrastructure against a charge as provided for in section 2 of Chapter IV of Directive 2012/34/EU.

Removed:Infrastructure managers shall allocate the right to use infrastructure capacity to applicants in the form of one of the following:

Removed:(a) capacity specifications;

Removed:(b) train paths.

Removed:ENIM shall define the characteristics of capacity specifications and include those in the European framework for capacity management referred to in Article 6.

Removed:2. Infrastructure managers shall convert the capacity rights allocated in the form of a capacity specification into capacity rights in the form of a train path prior to the actual train run in accordance with the deadlines set out in sections 4, 5 and 6 of Annex I.

Removed:3. Capacity rights in the form of a train path may be granted to applicants for a maximum duration of one working timetable period. Capacity rights in the form of a capacity specification may be allocated for a duration exceeding one working timetable period in accordance with Articles 31 and 33.

Removed:4. Unless otherwise specified in this Regulation, the respective rights and obligations of infrastructure managers and applicants in respect of any allocation of capacity shall be laid down in contracts or in Member States’ legislation.

Removed:5. Where an applicant intends to request infrastructure capacity with a view to operating a passenger service, in a Member State where the right of access to railway infrastructure is limited in accordance with Article 11 of Directive 2012/34/EU, it shall inform the infrastructure managers and the regulatory bodies concerned no less than 18 months before the entry into force of the working timetable to which the request for capacity relates. In order to enable the regulatory bodies concerned to assess the potential economic impact on existing public service contracts, regulatory bodies shall ensure that any competent authority that has awarded a rail passenger service on that route defined in a public service contract, any other interested competent authority with the right to limit access under Article 11 of Directive 2012/34/EU and any railway undertaking performing the public service contract on the route of that passenger service is informed without undue delay and at the latest within 10 days.

Removed:6. Once allocated to an applicant, a capacity right shall not be transferred by the recipient to another undertaking or service.

Removed:Any form of transfer shall lead to exclusion from the further allocation of capacity.

Removed:The use of capacity by a railway undertaking when carrying out the business of an applicant which is not a railway undertaking shall not be considered as a transfer.

Removed:Article 27 Methods of capacity allocation

Removed:1. Infrastructure managers shall grant capacity rights to applicants by means of the allocation processes referred to in Articles 31 to 34.

Removed:Any change to allocated capacity shall also be considered capacity allocation.

Removed:2. Applicants shall have the right to request multi-network capacity rights, and toshall receive answers to such requests, in a single place and in a single operation as provided for in paragraph 4 of this Article. Infrastructure managers shall cooperate in the allocation of capacity for multi-network rail services, including in particular international rail freight services and international rail passenger services. [Am. 118]

Removed:Infrastructure managers shall allocate and manage multi-network capacity rights in accordance with Article 28.

Removed:3. Infrastructure managers shall respect the commercial confidentiality of information provided to them, especially in the case of vertically integrated railway companies. Information such as the specific line subject to the request, their number, or their frequency shall be considered as confidential. [Am. 119]

Removed:4. Infrastructure managers shall allocate infrastructure capacity via digital tools and digital services in accordance with Article 62.

Removed:For multi-network capacity rights, ENIM shall, upon approval of compliance with TSIs by ERA and by ... [12 months from the date of entry into force of this Regulation], establish a one-stop-shop in a single interface or a common system developed in accordance with Article 62, in order. Infrastructure managers shall use that single interface to manage capacity allocation in a single place and operation. Connected or grouped rail services shall have one infrastructure manager as the single point of contact. Such connected or grouped rail services shall be declared in the capacity request. [Am. 120]

Removed:5. When requesting or making changes to allocated capacity, applicants and infrastructure managers shall comply with Article 39.

Removed:6. The infrastructure manager shall cancel a capacity right which, over a period of at least one month, has been used less than a threshold quota, to be laid down in the network statement, unless this was due to non-economic reasons beyond the applicant's control. ENIM shall consult with ERP to define ranges for the threshold quota and include them in the European framework for capacity management referred to in Article 6. [Am. 121]

Removed:The regulatory body shall monitor the transparent and non-discriminatory application of this paragraph and investigate any complaints received.

Removed:7. Where the infrastructure manager cancels, in accordance with paragraph 6, multi-network capacity rights, it shall inform the regulatory body responsible for that infrastructure manager. That regulatory body shall inform the relevant regulatory bodies and the ENRRB. [Am. 122]

Removed:7a. The infrastructure manager shall be allowed to use, where relevant, specific timetabling approaches. If the infrastructure manager decides to pre-plan capacity by using systematic train paths with cross-border relevance, the infrastructure manager shall coordinate with neighbouring infrastructure managers and other concerned infrastructure managers concerned to find mutually agreed solutions for cross-border traffic. Regardless of the national choice Member States follow for their timetabling, infrastructure managers shall ensure a balanced, fair and non-discriminatory allocation of train paths. As regards the compensation for changes to capacity rights referred to in Article 40 that also involve systematic train paths, its value shall be set at least 1, 25 times the value defined for non-systematic train paths according to the process laid out in Article 40. [Am. 123]

Removed:7b. Infrastructure managers shall inform the regulatory body of all capacity requests received that did not fit the parameters of the available capacity as defined in the capacity supply plan, regardless of whether they were accepted or refused. On the basis of this information, the regulatory body shall issue an opinion at least every two years, in which it may recommend to the infrastructure manager to amend the capacity model. [Am. 124]

Removed:Article 28 Coordination of the allocation of multi-network capacity rights

Removed:1. Where the infrastructure manager receives a request for multi-network capacity rights pursuant to Article 27(2), they shall coordinate with the other infrastructure managers concerned in accordance with Article 53.

Removed:2. In particular, coordination shall ensure:

Removed:(a) the appointment of a single point of contactone-stop shop, as referred to in Article 27(4), in charge of communication with the applicant in relation to theeach request for multi-network capacity right, which shall be notified to the applicant without delay after receipt of the request. This shall also apply in the case of cross-border train pairs which are international train services to and from a destination in another Member State; [Am. 125]

Removed:(b) the compliance of the multi-network capacity right with minimum quality criteria in terms of consistency between networks and as regards aspects such as routing, timing, availability on different running days and status of the allocation;

Removed:(c) the consistent performance of the process of allocating multi-network capacity rights, including in particular of the consensual conflict resolution mechanism referred to in Article 36 and of the formal conflict resolution mechanism referred to in Article 37;

Removed:(d) the coordination of any changes to allocated multi-network capacity rights in accordance with section 4with a view to ensuring the integrity of multi-network capacity rights at all times.

Removed:If infrastructure managers fail to appoint a single point of contact, the infrastructure manager on whose network the first place of departure is located shall be responsible to act as the single point of contact for enquiries related to the specific capacity request.