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

Removed:3. Infrastructure managers shall not provide capacity rights of worse quality in response to requests for multi-network capacity rights compared to requests for capacity concerning a single network.

Removed:4. As regards the compensation for changes to capacity rights referred to in Article 40, a multi-network capacity right shall be considered as a single capacity right. In particular, a cancellation due to force majeure on one network shall be considered as a cancellation due to force majeure for the capacity right along the entire route covered by it.

Removed:5. By ... [24 months from the entry into force of this Regulation] and in consultation with ERP, ENIM shall define the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b) and include them in the European framework for capacity management referred to in Article 6. [Am. 126]

Removed:5a. The Commission shall, by ... [24 months from the entry into force of this Regulation], adopt implementing acts to set out the detailed procedures and methods to implement this Article and the minimum quality requirements referred to in paragraph 2(b) and to amend paragraph 5 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3) They shall be included in the European framework for capacity management. [Am. 127]

Removed:Article 29 Cooperation in the allocation of rail infrastructure capacity and service facilities

Removed:1. Operators of service facilities that provide indicative information on available service facility capacity in accordance with Article 6(3) of Commission Implementing Regulation (EU) 2017/2177 shall cooperate with infrastructure managers for the purpose of the latter offering train paths that include railservice facility capacity. Other operators of service facilities may enter into an agreement with infrastructure managers for the joint provision of capacity. [Am. 128]

Removed:2. Infrastructure managers shall provide a list in the network statement of the service facilities referred to in paragraph 1.

Removed:3. Infrastructure managers shall ensure that applicants can request in one place andestablished in accordance with Article 27(4), the operation capacity rights on railway infrastructure and in the service facilities referred to in paragraph 1. [Am. 129]

Removed:4. For the purpose of paragraph 3, infrastructure managers and operators of service facilityfacilities operators shall coordinate the capacity and shall provide capacity rights including capacity in the railservice facility that meets the requirements of the applicant or shall make an effort to provide a viable alternative. [Am. 130]

Removed:5. The operators of impacted service facilities referred to in paragraph 1 shall make available information, upon request or in real time where necessary, about the available capacity to the infrastructure manager in a digital format in accordance with Article 62. [Am. 131]

Removed:5a. When requesting capacity rights to access a service facility, applicants shall document the agreement of the service facility owner to accommodate their vehicles. [Am. 132]

Removed:6. For the purpose of this Article and in accordance with Article 62, ENIM shall, upon approval by ERA and by ... [24 months from the entry into force of this Regulation], provide guidelines on the functional and technical requirements for the exchange of information between the operators of railservice facilities and infrastructure managers for the purposes of this Article. Without prejudice to Article 2 of Implementing Regulation (EU) 2017/2177, operators of service facilities may request to be exempted from the application of this Article. Such requests shall be submitted to the regulatory body and be duly substantiated. Regulatory bodies may decide to extend an exemption in duly justified cases. [Am. 133]

Removed:7. The ENRRB shall monitor the application of paragraph 76 and shall provide recommendations on the criteria to be used in assessing the requests for exemptions. [Am. 134]

Removed:7a. 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, and were therefore 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. 135]

Removed:7b. The Commission shall adopt, by ... [24 months from the entry into force of this Regulation], implementing acts to set out details on the functional and technical requirements for the exchange of information between the operators of rail facilities and infrastructure managers for the purposes of this Article and to amend paragraph 6 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3). [Am. 136]

Removed:Article 30 Working timetable

Removed:1. Infrastructure managers shall establish a new working timetable before the start of each working timetable period. The duration of the working timetable period shall be one year.

Removed:Infrastructure managers shall initiate the preparation of the working timetable when allocating capacity through the annual allocation process referred to in Article 32, taking into account capacity rights allocated through framework agreements in accordance with Article 31 and through the rolling planning process referred to in Article 33.

Removed:2. Infrastructure managers shall continuouslyat regular intervals update the working timetable until the end of the working timetable period, taking into account capacity allocated through the rolling planning process referred to in Article 33, capacity allocated through the ad hoc process referred to in Article 34, changes to capacity rights in accordance with Article 39 and rescheduling in the context of disruption management and crisis management in accordance with Article 41. [Am. 137]

Removed:Article 31 Capacity allocation through framework agreements

Removed:1. An applicant shall have the right to request infrastructure capacity over a period of time exceeding one working timetable period. Without prejudice to Articles 101, 102 and 106 TFEU, the infrastructure manager shall allocate such capacity through framework agreements concluded with that applicant, subject to paragraph 3 and paragraph 4.

Removed:Framework agreements shall specify the capacity rights granted in the form of a capacity specification as referred to in paragraph 1, point (a) of Article 26. They may not include capacity rights in the form of a train path.

Removed:Member States may require prior approval of framework agreements by the regulatory body.

Removed:Framework agreements shall be notified to the regulatory body and shall be approved by it. In the case of multi-network framework agreements, the approval shall take into account the opinion of the ENRRB. [Am. 138]

Removed:2. An applicant who is a party to a framework agreement shall request the conversion of the capacity specifications included in the framework agreement into a corresponding train path in accordance with that agreement.

Removed:3. Infrastructure managers shall conclude framework agreements only where the capacity right requested is consistent with the planning documents of the strategic capacity planning referred to in Article 11(2). Infrastructure managers, after consultation with the neighbouring networks, shall indicate the capacity that they plan to reserve for allocation through framework agreements in these planning documents. [Am. 139]

Removed:4. Framework agreements shall not be such as to preclude the use of the relevant infrastructure by other applicants or services. For this purpose, infrastructure managers shall, after consultation with the regulatory body, set the maximum shares of total capacity that can be allocated through framework agreements and include these in the network statement. Infrastructure managers of neighbouring countries who have concluded cross-border framework agreements shall align these maximum shares of total capacity and make them as consistent as possible. [Am. 140]

Removed:5. Framework agreements shall allow for the amendment of their terms to enable better use to be made of the railway infrastructure, without prejudice to Article 39 and Article 40.

Removed:6. Changes to capacity rights allocated through framework agreements shall be subject to compensation in accordance with Article 40, except for the situation referred to in paragraph 5.

Removed:7. Framework agreements shall, in principle, cover the period indicated in section 5 of Annex I. The infrastructure manager may agree to a shorter or longer period in specific cases. Any period longer than the period indicated in pointsection 5 of Annex I shall be justified by the requirement of dedicated investments by new entrants or by the substantial novelty of the service. [Am. 141]

Removed:8. For services using specialised infrastructure referred to in Article 24, which requires substantial and long-term investment, duly justified by the applicant, framework agreements may be concluded for a period of 15 years. Any period longer than 15 years may be agreed only in exceptional cases, in particular where there is large-scale and long-term investment and where such investment is covered by contractual commitments including a multiannual amortisation plan.

Removed:9. Infrastructure managers shall include capacity allocated through framework agreements in the capacity model referred to in Article 17 and in the capacity supply plan referred to in Article 18.

Removed:10. While respecting commercial confidentiality, the general nature of each framework agreement shall be made available to any interested party.

Removed:11. Based on the experience of regulatory bodies, competent authorities and railway undertakings and based on the activities of the ENRRB, the Commission mayshall, by... [24 months from the entry into force of this Regulation], adopt an implementing act settingto set out the details of the procedure and criteria to be followed for the uniform application of this Article and of Article 33 and to amend this Article and in Article 33. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 72(3). [Am. 142]

Removed:Article 32 Capacity allocation through the annual allocation process

Removed:1. The infrastructure manager shall establish the first operational version of the working timetable for a given working timetable period on the basis of the following:

Removed:(a) requests for capacity rights received in the annual allocation process;

Removed:(b) capacity rights relating to the working timetable period concerned and granted through framework agreements in accordance with Article 31;

Removed:(c) capacity rights relating to the working timetable period concerned and granted through the rolling planning process in accordance with Article 33.

Removed:2. The infrastructure manager shall allocate capacity through simultaneous capacity allocation, with a view to meeting, to the extent possible, all requests for infrastructure capacity referred to in paragraph 1, subject to paragraphs 5 and 6. The infrastructure manager shall take into account, to the extent possible, all constraints on applicants, including the economic effect on their business.

Removed:3. In the event of a conflict between two or more capacity requests, or in the event of capacity requests not consistent with the capacity supply plan, the infrastructure managers shall first attempt to resolve the conflict through the consensual consultationconflict resolution mechanism referred to in Article 36. [Am. 143]

Removed:4. If the consensual dispute resolution mechanism referred to in paragraph 3 has not resolved the capacity conflict, the infrastructure managers shall apply the formal conflict resolution mechanism referred to in Article 37.

Removed:5. In accordance with Article 18 and Article 20, the infrastructure manager shall give priority to requests that are consistent with the pre-planned capacity defined in the capacity supply plan. As a result, the infrastructure manager may either accept or refuse requests that are not consistent with the, provided operational stakeholders had been duly consulted and their announcements of capacity supply planhad been taken into account to the utmost extent. [Am. 144]

Removed:When accepting requests not consistent with the capacity supply plan, the infrastructure manager shall aim to maintain the overall balance between the elements of the capacity supply plan listed in Article 18(6) and the request itself. These applications are to be taken into account if there is enough free capacity available without restricting the needs for subsequent applications. [Am. 145]

Removed:When refusingprocessing requests not consistent with the capacity supply plan, the infrastructure manager should offer an alternative and, where time-wise possible, preceded by consultation with the applicants concerned. If no alternative offer is possible when refusing a request, the infrastructure manager shall, without delay, inform the applicant concerned of its intention to refuse a request. The latter shall have the right to lodge a complaint with the regulatory body. [Am. 146]

Removed:6. Capacity rights granted through the annual allocation process may comprise:

Removed:(a) train paths;

Removed:(b) capacity specifications.

Removed:Infrastructure managers shall convert capacity rights granted in the form of capacity specifications to train paths in accordance with section 4 of Annex I.

Removed:7. The infrastructure manager shall comply with the schedule for the allocation process set out in section 4 of Annex I.

Removed:8. The infrastructure manager shall consider requests submitted after the initial deadline and prior to the final deadline set out in pointsection 4 of Annex I. In such cases, the infrastructure managers shall allocate capacity rights in accordance with section 4, point 2 of Annex I. [Am. 147]

Removed:9. For requests for the working timetable received after the initial deadline, which cannot be accommodated either with residual capacity reserved for the working timetable, or with the available unplanned capacity, the infrastructure manager shall try to offer alternatives via a different itinerary.

Removed:10. The infrastructure manager shall consult interested parties on the draft working timetable. Interested parties shall include all those who have requested infrastructure capacity and other parties who wish to have the opportunity to comment on how the working timetable may affect their ability to procure rail services during the working timetable period.

Removed:11. The infrastructure manager shall take appropriate measures to deal with any concerns that are expressed.

Removed:Article 33 Capacity allocation through the rolling planning process

Removed:1. Infrastructure managers shall allocate capacity through the rolling planning process in accordance with the deadlines set out in pointsection 6 of Annex I. Infrastructure managers shall reserve capacity for this purpose in the capacity supply plan referred to in Article 18. [Am. 148]

Removed:2. Capacity rights granted through the rolling planning process may comprise:

Removed:(a) train paths or capacity specifications for all running days during the working timetable period comprising the first running day included in the request;

Removed:(b) capacity specifications for all running days beyond the working timetable period comprising the first day included in the request for a maximum period specified in pointsection 6 of Annex I. [Am. 149]

Removed:Infrastructure managers shall convert capacity rights granted in the form of capacity specifications to train paths in accordance with section 6 of Annex I.