Changes between two versions
What changed between the draft committee report of 28 Nov 2023 and the draft committee report of 28 Apr 2026
From · draft committee report· 28 Nov 2023
on the proposal for a regulation of the European Parliament and of the Council Regulation on the use of railways infrastructure capacity in the single European railways area, amending Directive 2012/34/EU and repealing Regulation (EU) No 913/2010
To · draft committee report· 28 Apr 2026
on the Council position at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on the use of railway infrastructure capacity in the single European railway area, amending Directive 2012/34/EU and repealing Regulation (EU) No 913/2010
These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).
+10 added · −230 removed · 6 changed paragraphs, packaging included.
Part 5 of 6: Paragraphs 205–237
Removed:Article 56 – paragraph 1 – point c: deleted
Removed:This responsibility now lies with ENRRB.
Removed:Article 57 – paragraph 2: 2. ENIM shall invite the Commission, including the European Coordinators and, where relevant, representatives of the Member States, representatives from ERA as well as the representative bodies referred to in Article 38(4) of Regulation (EU) 2016/796, to its meetings with a view to discuss issues related to the development of rail infrastructure and to ensure cooperation with the European Coordinators, as outlined in [new TEN-T Regulation]. ENIM shall provide the information required under [Article 53, third subparagraph of the new TEN-T Regulation].
Removed:Article 57 a (new): Article 57a / European Rail International Capacity Allocation body (ERICA) / 1. ERICA will fulfil the following tasks: / (a) contribute to the preparation of the European framework for capacity management referred to in Article 6 with the support of the Network coordinator referred to in Article 58 and 59, the European framework for the prioritisation criteria referred to in Article 31 (3a) (new), coordination of cross-border traffic management, disruption management and crisis management referred to in Article 44 and the European framework for performance review referred to in Article 50; / (b) contribute to the coordination between infrastructure managers concerning strategic capacity planning by elaborating multi-network timetable concepts ensuring competitive multi-network long-distance train paths; / (c) contribute to the operational coordination between infrastructure managers with the support of the Network coordinator referred to in Article 58 and 59, in accordance with Article 53; / (d) identify rules, procedures and tools within the scope of this Regulation and adopted at national or infrastructure manager level which create obstacles for multi-network rail services, as set out in this Regulation, with the support of the Network coordinator referred to in Article 58 and 59 and including for framework agreements as referred to in Article 31; / (e) act as a contact point on behalf of infrastructure managers for enquiries related to capacity planning and allocation, in…
Removed:To ensure a seamless European rail network, a new European Rail International Capacity Allocation body (ERICA) should be established. ERICA should be supported by the advisory network coordinator described in Article 58 and 59. The most beneficial tasks to enhance cross-border rail traffic would be the involvement in the development of capacity strategies and international framework agreements.
Removed:Article 59 – paragraph 1 – point b: (b) contribute in an advisory function to ERICA, established in Article 57a (new) to the preparation of the European framework for capacity management referred to in Article 6, the European framework for the coordination of cross-border traffic management, disruption management and crisis management referred to in Article 44 and the European framework for performance review referred to in Article 50;
Removed:Article 59 – paragraph 1 – point c: (c) contribute in an advisory function to ERICA, established in Article 57 a (new) to the operational coordination between infrastructure managers in accordance with Article 53;
Removed:Article 59 – paragraph 1 – point d: (d) identify rules, procedures and tools within the scope of this Regulation and adopted at national or infrastructure manager level which create obstacles for multi-network rail services, as set out in this Regulation in an advisory function to ERICA, established in Article 57a (new);
Removed:Article 59 – paragraph 1 – point e: deleted
Removed:Article 59 – paragraph 1 – point f: deleted
Removed:Article 59 – paragraph 1 – point g: deleted
Removed:Article 62 – paragraph 1: 1. Infrastructure managers shall ensure that capacity management and traffic management processes within the scope of this Regulation are implemented by means of digital tools and digital services. National capacity management tools shall only remain allowed if they do not undermine the capacity planning and allocation process outlined in Section 3 of this Regulation.
Removed:Article 62 – paragraph 2 – point a: (a) improve the performance and the quality, including full interoperability, of the services infrastructure managers provide to applicants; This shall include a tool for the digitalisation of construction sites to be used by the infrastructure manger mandatorily for the TEN-T Core and Extended Core network as defined in [new TEN-T Regulation], as well as the creation of an interoperable digital illustration of every train running on the European rail network;
Removed:Article 62 – paragraph 2 – point b: (b) improve the transparency of rail capacity management and traffic management throughout all their phases, including digital and real time solutions which shall be gradually elaborated with relevant stakeholders in line with the Green Deal and the EU's climate targets;
Removed:Article 62 – paragraph 5 a (new): 5a. To comply with Article 62(1) to (5), public funding, including from the next Connecting Europe Facility to the infrastructure manager and railway undertakings must be sufficient to ensure a timely, cross-border harmonised and interoperable implementation of digital tools and services.
Removed:Public funding is crucial to facilitate timely, cross-border harmonised and interoperable implementation of the timetable redesign (TTR) project and other digital tools and services.
Removed:Article 62 – paragraph 5 b (new): 5b. As ERA is the European system authority for telematics applications provided for in Article 23 of Regulation (EU) 2016/796, it shall be closely involved in the development and implementation for the tools needed in Article 62.
Removed:Article 63 – paragraph 2: 2. A railway undertaking, an applicant, a national, regional or local authority responsible for transport shall have the right to appeal to the regulatory body in accordance with article 56 of Directive 2012/34/EU if it believes it has been unfairly treated, discriminated against or in any other way aggrieved by the infrastructure manager when the latter carried out the activities set out in Chapters II, III, IV and V of this Regulation (Management of infrastructure; Traffic and crisis management; Performance review and management; European network for coordination).
Removed:Article 64 – paragraph 1 – subparagraph 1: For the purpose of fulfilling their responsibilities under this Regulation, the regulatory bodies shall cooperate in the framework of the ENRRB referred to in Article 57(1) of Directive 2012/34/EU, including through joint consultations and investigations, by adopting opinions or recommendations or through other relevant activities. Regulatory bodies shall provide all the required information to the ENRRB and take into account the opinions and recommendations adopted by ENRRB.
Removed:Article 64 – paragraph 5: 5. Where a regulatory body adopts a decision, which departs from any relevant opinion or recommendation of the ENRRB or where it refuses to adopt a decision, it shall provide to the ENRRB an explanation laying out the differences and its reasoning for not following the opinions or recommendations of the ENRRB and include the relevant explanation in its decision.
Removed:Article 64 – paragraph 8 a (new): 8a. ENRRB shall ensure that its structure, methods of operation and all relevant information about its work are made publicly available on its website. It shall include contact details of working groups. / All opinions and recommendations of ENRRB shall be made public by the Secretariat of the ENRRB.
Removed:Article 69 – paragraph 1 a (new): 1a. The Board shall meet in regular intervals. It shall elect a Chair from among its members with a two-thirds majority of its members and shall serve a term of one year.
Removed:Article 69 – paragraph 2: 2. The Commission shall attend, support and facilitate coordination during the meetings of the Board. It shall have no voting right.
Removed:Article 70 – paragraph 3: 3. The working groups shall be open to the participation of experts from rail regulatory bodies, the Commission and, where relevant, from operational stakeholders and other public or private bodies.
Removed:Article 70 – paragraph 5: 5. The Board or the Chairs of the working groups may invite experts from rail regulatory bodies, the Commission, ERA, operational stakeholders and, where relevant, from other public or private bodies as well as individual experts recognised as competent in the relevant field to participate in the working group meetings if necessary on a case-by-case basis.
Removed:Article 71 – paragraph 2 a (new): 2. The power to adopt delegated acts referred to in Article 7(3), Article 8(4) and(7), Article 10(8), Article 11(2), Article 19(5), Article 21(9), Article 31(11), Article 38(3), Article 39(9), Article 40(7), Article 41(3) Article 46(6), Article 48(3) and Article 53(5) shall be conferred on the Commission for a period of five years from [1 January 2026]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Removed:Article 74 – paragraph 1 – point c: (c) In Article 3, points (20), (22), (23), (27) and (28) are deleted;
Removed:Article 77 – paragraph 2 – subparagraph 1 – point a: (a) Articles 1, 2 and 3, Chapter II, with the exception of Article 9(1) and (2) and Articles 26, 27, 28, 31, 39 and 50, and Chapter III, with the exception of Article 48, of this Regulation shall apply only to activities and tasks carried out in relation to the working timetables entering into force after [8 December 2029];
Removed:The aspects that can already become applicable as of 2026 should not be postponed to 2029. Many infrastructure managers have already started the strategic planning process under TTR project and they are prepared for the implementation, only requiring legal basis. Ensuring more ambitious implementation dates is key for reaching the EU's climate mitigation targets and the goals of the Sustainable and Smart Mobility Strategy.
Removed:Article 77 – paragraph 2 – subparagraph 1 – point c a (new): (ca) Article 35 shall apply from [1 December 2028];
Removed:Provisions related to the scheduling of capacity restrictions resulting from infrastructure works could apply already as from December 2028.
Removed:Article 77 – paragraph 2 – subparagraph 1 – point c b (new): (cb) Article 40 shall apply from [1 December 2027];
Removed:Provisions related to Compensation for changes to capacity rights could apply already from December 2027.