Regulation (EU) 2026/1184 of the European Parliament and of the Council of 20 May 2026 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 (Text with EEA relevance)

• CELEX: Regulation (EU) 2026/1184
• Articles: 91

Article 1 Subject matter and scope

1.   This Regulation lays down the principles, rules and procedures applicable to management of railway infrastructure capacity, to traffic management, to crisis management and to performance management, for domestic and international rail services, and to the coordination between infrastructure managers and other operational stakeholders, as well as the principles, rules and procedures applicable to the implementation of digital tools to support the capacity and traffic management processes in this Regulation. It also lays down rules for a European network for coordination between infrastructure managers and with other relevant stakeholders and on the oversight of capacity and traffic management.

2.   This Regulation applies to the use of railway infrastructure for domestic and international rail services as referred to in Article 1(2) of Directive 2012/34/EU, including service facilities as defined in Article 3, point (11), of that Directive.

3.   Articles 2 and 3 of Chapter I and Chapters II to V of this Regulation shall not apply to railway infrastructure or rail services that a Member State has excluded from the application of Chapter IV of Directive 2012/34/EU in accordance with Article 2(3), (3a), (4), (8) and (8a) of that Directive during the period of validity of the relevant exclusions.

4.   This Regulation shall not apply to rail services that a Member State has excluded from the application of Chapter IV of Directive 2012/34/EU in accordance with Article 2(10) of that Directive.

5.   This Regulation shall not apply to undertakings or to transport operations referred to in Article 2(9) of Directive 2012/34/EU.

6.   This Regulation shall not apply to Cyprus and Malta for as long as no railway system is established within their territory.

7.   This Regulation shall not prevent Member States from adopting measures necessary to safeguard essential security or defence interests or from adopting measures to ensure that the military have sufficient access to railway infrastructure, in particular for military operations and training, including the types of measures provided for in Article 49(1), points (a) to (e).

Article 2 General responsibilities and principles

1.   This Regulation shall be without prejudice to the management independence of infrastructure managers set out in Article 4 of Directive 2012/34/EU.

2.   Without prejudice to Article 7c of Directive 2012/34/EU, infrastructure managers shall be responsible for the management of railway infrastructure capacity and rail traffic management.

References to an infrastructure manager in all provisions related to railway infrastructure capacity allocation in this Regulation shall be construed as references to the allocation body referred in Article 7a(3) of Directive 2012/34/EU.

3.   With a view to facilitating the provision of efficient and effective railway infrastructure capacity and traffic management within the Union, infrastructure managers referred to in Article 58(3) shall cooperate within the European Network of Infrastructure Managers (ENIM) referred to in Article 7f of Directive 2012/34/EU and in accordance with the provisions of this Regulation on cooperation.

4.   In fulfilling their tasks and responsibilities in accordance with this Regulation, infrastructure managers shall:

(a)

make optimum effective use of the available railway infrastructure through effective planning and coordination with the aim of increasing the share of rail transport relative to other transport modes, both for passenger and freight services, in accordance with the Union’s climate targets;

(b)

maximise the value to society of rail transport services enabled by railway infrastructure in social, economic and environmental terms;

(c)

ensure non-discriminatory management of railway infrastructure capacity and equitable and transparent access thereto, including during railway infrastructure works, with a view to enabling fair competition and with the aim of guaranteeing the optimal competitiveness of rail services;

(d)

enable seamless rail traffic across more than one network and across borders by striving to eliminate bottlenecks and operational obstacles;

(e)

ensure transparency about the state and availability of railway infrastructure capacity;

(f)

review and improve the performance of railway infrastructure in close cooperation with operational stakeholders;

(g)

contribute to the implementation and development of the single European railway area, in particular through common European technical and operational rules and standards.

Article 3 Impartiality of the infrastructure manager in respect of capacity and traffic management, including maintenance planning

1.   Infrastructure managers shall carry out the functions of capacity and traffic management, including maintenance planning in an equitable, transparent and non-discriminatory manner. The persons in charge of taking decisions in respect of those functions shall not be affected by any conflict of interest.

2.   Infrastructure managers shall respect the commercial confidentiality of information provided to them, in accordance with Union and national law, including, where appropriate, by anonymising the information shared with other parties.

3.   As regards traffic management, infrastructure managers shall ensure that operational stakeholders, in cases of disruption concerning those stakeholders, have full and timely access to relevant information. Where the infrastructure manager grants access to the traffic management process, it shall do so for the operational stakeholder concerned in an equitable, transparent and non-discriminatory manner.

4.   As regards capacity management and the long-term planning of major maintenance, renewal and upgrade of the railway infrastructure, the infrastructure manager shall consult applicants, as defined in Article 3, point (19), of Directive 2012/34/EU, in accordance with this Regulation and shall take the utmost account of the concerns expressed by those applicants.

Article 4 Strategic guidance and national requirements

1.   Member States may provide the infrastructure manager with strategic guidance based on the indicative railway infrastructure development strategies referred to in Article 8(1) of Directive 2012/34/EU. That strategic guidance, which shall be consistent with this Regulation, shall respect the operational responsibilities of the infrastructure manager, enabling them to optimise use of the network and coordinate effectively the attribution of capacity for cross-border traffic. It shall be provided in a timely manner, in order for infrastructure managers to be able to follow the deadlines set out in Annex I to this Regulation, and may cover or contain in particular:

(a)

general objectives of national rail policy relevant for strategic capacity planning within the scope of this Regulation;

(b)

an outlook on the development of railway infrastructure, taking into account relevant plans and strategies at national or regional level and the work plans of the European Transport Corridors;

(c)

general requirements and guidelines as regards the use of railway infrastructure capacity, which the infrastructure manager shall take into account in strategic capacity planning, in particular in relation to highly utilised and congested railway infrastructure as referred to in Article 23 of this Regulation;

(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.

2.   Member States may provide that one or more of the elements of guidance referred to in this paragraph are binding by requiring infrastructure managers:

(a)

to implement specific timetable designs, such as integrated clock-face timetables, for both freight and passenger services;

(b)

to reserve minimum volumes of capacity for types of rail transport services referred to in Article 14 to reflect their transport policy priorities;

(c)

to pre-plan railway infrastructure capacity on certain sections and nodes, in accordance with Article 20(5);

(d)

to reflect national transport policy priorities by means of national parameters in the methodology for capacity partitioning in accordance with Article 27 and by means of national parameters in the methodology for formal conflict resolution in accordance with Article 39.

Such requirements shall not commit available capacity for any element of railway infrastructure to an extent that deprives the infrastructure manager of a sufficient operational margin to fulfil all the tasks and responsibilities laid down in Article 2(4).

The provision of rail transport services under specific timetable designs, such as integrated clock-face timetables, the consultation on strategic capacity planning and the allocation of capacity rights required for such services shall remain open to all applicants and railway undertakings under equitable, transparent and non-discriminatory terms.

3.   Where Member States have adopted strategic guidance and requirements pursuant to paragraphs 1 and 2, they shall provide them in a single document and make such a document publicly available on their website. ENIM shall make the links to those documents available on its website.

4.   With a view to supporting the development of international passenger and freight rail services, Member States shall coordinate with each other in accordance with Article 56 in order to ensure consistency between the respective strategic guidance and requirements they provide pursuant to this Article.

5.   Without prejudice to State aid rules, Member States may, where appropriate, grant the infrastructure manager compensation corresponding to losses of revenue related exclusively to the compliance with the strategic guidance and requirements regarding the use of railway infrastructure capacity.

Article 5 Definitions

For the purposes of this Regulation, the definitions provided for in Article 3 of Directive 2012/34/EU apply.

The following definitions also apply:

(1)

‘ force majeure ’ means any unforeseeable, unavoidable or exceptional event or situation beyond the control of the operational stakeholder which cannot be overcome with reasonable foresight and diligence, cannot be solved by measures which are, from a technical, financial or economic point of view, reasonably possible for the operational stakeholder, which has actually happened and is objectively verifiable and which makes it impossible for the operational stakeholder to fulfil, temporarily or permanently, its obligations in accordance with this Regulation, Directive 2012/34/EU or its contractual obligations;

(2)

‘interoperability’ means interoperability as defined in Article 2, point (2), of Directive (EU) 2016/797 of the European Parliament and of the Council  ( 14 ) ;

(3)

‘operational stakeholder’ means an applicant, railway undertaking, infrastructure manager, competent authority as referred to in Regulation (EC) No 1370/2007 of the European Parliament and of the Council  ( 15 ) , operator of service facilities or any other entity directly involved in operating a rail transport service;

(4)

‘European Coordinator’ means the Coordinator designated under Article 52 of Regulation (EU) 2024/1679 of the European Parliament and of the Council  ( 16 ) ;

(5)

‘European Transport Corridors’ means the corridors referred to in Articles 7 and 11 of, and Annex III to, Regulation (EU) 2024/1679;

(6)

‘framework agreement’ means a legally binding general agreement under public or private law setting out the rights and obligations of an applicant and the infrastructure manager in relation to the railway infrastructure capacity to be allocated and the charges to be levied over a period longer than one working timetable period;

(7)

‘simultaneous capacity allocation’ means a process whereby infrastructure managers allocate railway infrastructure capacity in response to a set of requests for capacity received by a given cut-off date and through coordination of these requests to ensure the best possible utilisation of the railway infrastructure and the closest possible match with the requests;

(8)

‘first come, first served principle’ means a principle for the allocation of railway infrastructure capacity where priority in the allocation process is given according to the chronological order of the capacity requests;

(9)

‘train path’ means the railway infrastructure capacity needed to run a train between two places over a given period, which is described as an exact route with timing for that train, including the origin and destination, an entry time and day and an exit time and day, including any stopping point and related departure times;

(10)

‘capacity specification’ means a capacity right which specifies the commercial and operational characteristics of the railway infrastructure capacity relevant for the applicant concerned and which provides the infrastructure manager with enough information to prepare specific train paths that respect those characteristics;

(11)

‘multi-network rail service’ means a rail transport service, freight or passenger, domestic or international, which is operated on two or more networks managed by different infrastructure managers; the train can be joined and/or split and the different sections cany have different origins and destinations;

(12)

‘multi-network capacity right’ means the entirety of capacity rights enabling the provision of a multi-network rail service;

(13)

‘partitioning of railway infrastructure capacity’ means assigning shares of the total available capacity of an element of railway infrastructure to different types of rail transport services and to capacity restrictions resulting from railway infrastructure work;

(14)

‘working timetable’ means the continuously updated data defining all planned train and rolling-stock movements which will take place on the relevant railway infrastructure, as expressed by allocated capacity rights, during a working timetable period;

(15)

‘working timetable period’ means the period of time during which a given working timetable is valid;

(16)

‘railway infrastructure work’ means an intervention on the railway infrastructure for the purpose of development, maintenance, renewal or upgrade of the railway infrastructure as defined in Article 3, points (2a), (2c), (2d) and (2e), respectively, of Directive 2012/34/EU;

(17)

‘regulatory body’ means the regulatory body referred to in Article 55 of Directive 2012/34/EU;

(18)

‘incident’ means any occurrence, or series of occurrences having the same origin, which causes disruption of rail traffic;

(19)

‘sections and nodes’ means a representation of the railway network in the form of a graph composed of nodes connected by sections which is structured in a way that allows relevant characteristics of the supply of, and demand for, railway infrastructure capacity to be taken into account, in particular for the purpose of strategic capacity planning;

(20)

‘specific timetable design’ means a particular way of arranging the train paths in a timetable, including for multi-network traffic, with a view to pursuing particular policy objectives;

(21)

‘exceptional transport’ means exceptional transport as defined in Appendix J of Commission Implementing Regulation (EU) 2019/773  ( 17 ) ;

(22)

‘clock-face timetable’ means a specific timetable design aimed at replicating rail services at regular and consistent intervals and at combining paths on the sections and nodes of a network, or part of a network, taking into account, where relevant, the connections and transfer times between services;

(23)

‘element of railway infrastructure’ means a portion of tracks of the network that is identified by the infrastructure manager for the purpose of application of specific provisions in this Regulation;

(24)

‘capacity restriction’ means a reduction in the capacity, or a reduction in the performance of railway infrastructure below its design values, for reasons within or beyond the control of the infrastructure manager, such as railway infrastructure works, degradation of assets, or extreme weather events.

Article 6 Capacity management

1.   Infrastructure managers shall manage railway infrastructure capacity through a planning and allocation process comprising three phases:

(a)

strategic capacity planning as referred to in Section 2;

(b)

scheduling and allocation of railway infrastructure capacity as referred to in Section 3;

(c)

adaptation and rescheduling of allocated capacity as referred to in Section 4.

2.   In addition to the content laid down in Annex IV to Directive 2012/34/EU, infrastructure managers shall include in the network statement referred to in Article 27 of that Directive:

(a)

a section on the railway infrastructure made available to railway undertakings;

(b)

a section on capacity management;

(c)

a section on operations, including on traffic management, disruption management and crisis management; and

(d)

a section on performance management, in accordance with Annex V to this Regulation.

3.   Decision-making concerning capacity management as referred to in paragraph 1 of this Article, including both the definition and the assessment of availability and the allocation of capacity rights, shall be an essential function of the infrastructure manager within the meaning of Article 3, point (2f), of Directive 2012/34/EU. The provisions on essential functions laid down in that Directive shall apply to the decision-making concerning capacity management.

Article 7 European framework for capacity management

1.   By 12 December 2027, ENIM shall develop and adopt a ‘European framework for capacity management’, in accordance with the provisions of Article 4 and Chapter II, laying down common tools, methodologies and procedural arrangements for the management of railway infrastructure capacity and for the coordination between infrastructure managers and other operational stakeholders. Infrastructure managers shall take the utmost account of those common tools, methodologies and procedural arrangements for the management of railway infrastructure capacity.

2.   When preparing the network statement referred to in Article 27 of Directive 2012/34/EU and Article 6(2) of this Regulation, infrastructure managers shall take the utmost account of the European framework for capacity management. In the network statement they shall explain the reason for any deviation from the common tools, methodologies and procedural arrangements established in the European framework for capacity management.

3.   ENIM shall publish a draft of the European framework for capacity management for the purpose of consulting the European Railway Platform (the ‘ERP’) and operational stakeholders. The ERP and operational stakeholders may submit their replies to the consultation within three months after the publication of this draft.

4.   ENIM shall submit the final draft of the European framework for capacity management to the European Network of Rail Regulatory Bodies (the ‘ENRRB’) by 12 June 2027. The ENRRB shall submit a recommendation to ENIM on the European framework for capacity management within three months of receipt of the draft prepared by ENIM. ENIM shall take the utmost account of this recommendation when adopting the European framework for capacity management.

5.   The European framework for capacity management shall include at least the elements listed in Annex III and shall be updated when necessary to take into account the experience of operational stakeholders as well as the activities of ENIM. When the European framework for capacity management is updated, ENIM shall consult the ERP and operational stakeholders, and submit the final draft to the ENRRB for recommendation, in accordance with paragraphs 3 and 4 of this Article.

6.   When exercising its powers in relation to the network statement in accordance with Article 56(1) and (2) of Directive 2012/34/EU, the regulatory body shall take into account the recommendation on the European framework for capacity management adopted by the ENRRB, in accordance with paragraph 4 of this Article and without prejudice to the principle of independence of regulatory bodies.

7.   The Commission is empowered, in accordance with Article 74, to adopt implementing acts setting out the European framework for capacity management, as referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 8 Applicants

1.   Applicants shall make requests for railway infrastructure capacity. In order to use such railway infrastructure capacity, applicants which are not railway undertakings shall appoint a railway undertaking. The railway undertaking shall conclude an agreement with the infrastructure manager in accordance with Article 28 of Directive 2012/34/EU. The conclusion of such an agreement by the railway undertaking is without prejudice to the right of applicants to conclude framework agreements with infrastructure managers under Article 33 of this Regulation.

2.   The infrastructure manager may set requirements with regard to applicants to ensure that its legitimate expectations about future revenues and utilisation of the railway infrastructure are safeguarded. Such requirements shall be appropriate, transparent and non-discriminatory. They may only include the provision of a financial guarantee that does not exceed an appropriate level which is proportional to the expected level of activity of the applicant and assurance of the capability to prepare compliant bids for railway infrastructure capacity. Those requirements shall be specified in the network statement in accordance with Annex V, point (2)(c).

3.   The Commission may adopt implementing acts setting out the details of the criteria to be followed for the application of paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 9 Management of railway infrastructure capacity

1.   Infrastructure managers shall ensure that railway infrastructure capacity is managed in all phases of the capacity management process referred to in Article 6 of this Regulation in accordance with the principles set out in Article 26 of Directive 2012/34/EU and in Article 2 of this Regulation.

2.   When taking decisions on railway infrastructure capacity, infrastructure managers shall take into account the strategic guidance and national requirements on the utilisation of railway infrastructure capacity provided by Member States in accordance with Article 4 where Member States have provided such guidance and requirements. Planning and capacity allocation shall follow equitable, transparent and non-discriminatory procedures.

3.   Infrastructure managers shall plan and allocate capacity to the greatest extent possible, involving the applicants concerned, seeking solutions compatible with applicants’ capacity needs and requests for capacity rights, while ensuring the overall optimal use of railway infrastructure on the network concerned.

Article 10 Information about railway infrastructure capacity

1.   Infrastructure managers shall provide applicants and regulatory bodies and, where appropriate, other operational stakeholders, with accurate and up-to-date information on the availability of railway infrastructure capacity throughout the entire capacity management process, including in the strategic planning phase referred to in Section 2, during the scheduling and allocation processes provided for in Section 3 and whenever there are changes to allocated capacity as referred to in Section 4.

Infrastructure managers shall publish without delay any update to the capacity supply plan referred to in Article 20 and to the working timetable referred to in Article 32.

2.   Infrastructure managers shall publish the information referred to in paragraph 1 of this Article in accordance with Article 66(5).

3.   At the request of applicants, infrastructure managers shall provide the information referred to in paragraph 1 on the basis of concrete specifications of commercial and operational needs (‘feasibility assessments’). For cross-border services, infrastructure managers shall receive and respond to such requests in a single place and single operation or via a single interface.

Article 11 Capacity restrictions resulting from railway infrastructure work and degraded railway infrastructure

1.   Without prejudice to Articles 7, 7a, 7c and 7e of Directive 2012/34/EU, infrastructure managers shall plan railway infrastructure work in accordance with the business plan and with the investment and financial programmes referred to in Article 8(3) of Directive 2012/34/EU. Where amendments to those programmes after the adoption of the business plan affect or are likely to affect the planning of railway infrastructure works, the infrastructure manager shall provide an overview of such amendments and their likely impact in the network statement.

2.   When planning railway infrastructure works, the infrastructure manager shall act in accordance with Article 2(4) and Article 3.

In particular, the infrastructure manager shall take into account in a balanced way the impact of railway infrastructure works on its own asset management and financial situation as well as the estimated operational and financial impact on all applicants concerned.

3.   The infrastructure managers shall consult applicants on the railway infrastructure works in the context of the coordination mechanisms referred to in Article 7e of Directive 2012/34/EU and, as regards cross-border rail services, in accordance with Article 57 of this Regulation.

4.   Infrastructure managers shall plan, inform and consult applicants on capacity restrictions resulting from railway infrastructure works sufficiently in advance, taking into account the estimated impact on railway undertakings. For that purpose, infrastructure managers shall respect the schedule and requirements set out in Section 3 of Annex I.

5.   For capacity restrictions with a major impact within the meaning of Section 3, point (1), of Annex I, applicants may request the infrastructure manager to provide alternative planning for the capacity restriction with a view to identifying and selecting an option that takes into account the impact on applicants and infrastructure managers in a balanced way. The infrastructure manager shall provide those applicants with an indicative planning of alternative capacity available during the capacity restriction.

The indicative planning shall cover both the route affected and alternative routes, where such alternative routes exist including on other networks, and shall be reflected in the capacity model referred to in Article 19 and in the capacity supply plan referred to in Article 20.

6.   Infrastructure managers shall take into account and mitigate the impact of railway infrastructure works on cross-border traffic. Infrastructure managers shall coordinate in accordance with Article 55 at least regarding all railway infrastructure works on the railway lines which are part of the European Transport Corridors and any other railway infrastructure work with significant cross-border impact.

Coordination shall address in particular the optimisation of the schedule of railway infrastructure works and the provision of alternative capacity on the route affected and on alternative routes as referred to in paragraph 5, second subparagraph, taking into account the operational and commercial needs of applicants.

7.   Reductions in the capacity or performance of railway 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. Such capacity restrictions shall not give rise to penalties pursuant to Article 42, unless this causes a change to the characteristics of an allocated capacity right unknown to the applicant at the time of allocation and this change is categorised as significant, in accordance with Article 41(6). The information obligations set out in Article 10 shall apply to such capacity restrictions.

8.   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.

9.   The Commission is empowered to adopt delegated acts in accordance with Article 75 to amend Section 3 of Annex I where the elements set out therein have proven ineffective or have led to major difficulties of implementation, or where the sector has developed new and widely accepted best practices, with a view to reducing further the impact of capacity restrictions resulting from railway infrastructure works on rail traffic and the administrative burden for the infrastructure managers, while taking into account planning, operational, technical and commercial considerations of the stakeholders concerned and the experience and opinions of ENIM.

Article 12 Refusal or withdrawal of capacity rights on public order or public security grounds

1.   A Member State may require the infrastructure manager to refuse to grant, or to withdraw, capacity rights to an applicant if the competent authorities of that Member State establish that granting such rights to that applicant entails a serious and grave risk to public order or public security, including to national security and defence of that Member State. Any such decision shall be duly justified and strictly necessary and proportionate to the objective pursued.

2.   Without prejudice to the confidentiality of classified information, Member States shall, within 10 days of the adoption of a decision on the basis of paragraph 1, inform the Commission, the regulatory body and, in the case of multi-network capacity rights, other Member States concerned of the adoption of such a decision and of the reasons thereof. Member States shall regularly review any such decision.

3.   Where a Member State raises concerns about a decision adopted by another Member State on the basis of paragraph 1 of this Article, the Member States concerned shall coordinate between themselves in accordance with Article 56.

4.   In the case of multi-network capacity rights, a Member State concerned may request a recommendation from the Commission on the decision adopted by another Member State on the basis of paragraph 1.

Article 13 Strategic capacity planning

1.   Strategic capacity planning shall include all the activities set out in Articles 14 to 27.

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

(a)

the capacity strategy referred to in Article 18;

(b)

the capacity model referred to in Article 19;

(c)

the capacity supply plan referred to in Article 20.

The contents of, and the schedule for, preparing those deliverables are set out in Sections 1 and 2 of Annex I.

Documents prepared pursuant to the first subparagraph, points (a), (b) and (c), shall be made available by the infrastructure manager in at least two of the official languages of the institutions of the Union.

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

4.   The Commission is empowered to adopt delegated acts in accordance with Article 75 to amend:

(i)

parts of the detailed contents of the capacity strategy, of the capacity model and of the capacity supply plan set out in Section 1 of Annex I; and

(ii)

the deadlines set out in Section 2 of Annex I,

where those elements have proven ineffective or have led to major difficulties of implementation, or where the railway sector has developed new and widely accepted best practices, in order to ensure an efficient strategic planning process and reflect the operational concerns of infrastructure managers and applicants, taking into account the experience and opinions of ENIM, applicants, regulatory bodies and the ENRRB in implementing Sections 1 and 2 of Annex I.

5.   Strategic capacity planning shall not involve the granting of capacity rights to individual applicants in accordance with Article 28.

Article 14 General requirements for strategic capacity planning

1.   Infrastructure managers shall take into account in an equitable, transparent 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.

2.   In strategic capacity planning, in particular in the capacity model referred to in Article 19 and in the capacity supply plan referred to in Article 20, infrastructure managers shall differentiate at least between the following types of rail transport services:

(a)

freight transport services;

(b)

inter-urban passenger services (long distance);

(c)

urban and regional passenger services.

If necessary, in the light of experience gained in the implementation of this Regulation and with a view to supporting the cross-border consistency of the strategic planning process, ENIM, in consultation with operational stakeholders and the ERP, may draw up a more detailed harmonised list which further differentiates between types of rail transport services. That list shall be included in the European framework for capacity management.

3.   In strategic capacity planning, in particular in the capacity model referred to in Article 19 and in the capacity supply plan referred to in Article 20, infrastructure managers shall indicate the pre-planned capacity suitable for the provision of multi-network rail services.

4.   Strategic capacity planning shall also take into account:

(a)

the observed structure and developments of demand for railway 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;

(b)

the expected development of transport needs and of the resulting demand for rail transport services and railway infrastructure capacity, as identified through the analysis referred to in Article 17 of this Regulation;

(c)

capacity needs announcements by applicants and the input from the consultation with operational stakeholders in accordance with Article 15 of this Regulation;

(d)

the expected or planned development of railway infrastructure capacity, in particular as identified in the indicative railway infrastructure development strategy referred to in 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;

(e)

the planned railway infrastructure works which are expected to affect the network;

(f)

the characteristics of different rail transport markets, as regards in particular:

(i)

speed;

(ii)

frequency;

(iii)

tolerance for deviations from the allocated train path;

(iv)

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

(v)

volatility of demand for rail transport and the consequent need to plan rail services on a different time horizon.

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

6.   Strategic capacity planning shall cover the sections and nodes part of the TEN-T core and extended core network, as identified in Annex I to Regulation (EU) 2024/1679. Infrastructure managers may decide to include in the strategic capacity planning other sections and nodes of the network which they manage. Member States may provide, in accordance with the strategic guidance referred to in Article 4, that infrastructure managers shall perform strategic capacity planning on other sections and nodes of the network managed by those infrastructure managers.

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

Member States shall instruct infrastructure managers to indicate those sections and nodes in the register of infrastructure referred to in Article 49 of Directive (EU) 2016/797.

7.   For the purpose of strategic capacity planning, infrastructure managers shall draw up a strategic route map in terms of sections and nodes which sets out the following:

(a)

the geographical scope of the capacity strategy referred to in Article 18, of the capacity model referred to in Article 19 and of the capacity supply plan referred to in Article 20;

(b)

the alternative lines considered in the event of capacity restrictions referred to in Article 11 and in the context of contingency planning referred to in Article 21.

Member States shall ensure that the strategic route map is made publicly available and included in the register of infrastructure referred to in Article 49 of Directive (EU) 2016/797.

8.   Strategic capacity planning shall cover a period that starts five years before the change of working timetable to which it relates. Infrastructure managers may extend the period to more than five years, in particular to support infrastructure development within the framework of the indicative railway infrastructure development strategy referred to in Article 8(1) of Directive 2012/34/EU.

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

(a)

the development of railway infrastructure;

(b)

changes in market demand for railway infrastructure capacity, including through capacity needs announcements;

(c)

the results of the allocation processes set out in Sections 3 and 4 of this Chapter in previous working timetable periods, including the degree of utilisation of railway infrastructure capacity by applicants;

(d)

insights from traffic management performed in accordance with Chapter III;

(e)

the result of disruption and crisis management performed in accordance with Chapter III;

(f)

the results of the performance review in accordance with Chapter IV.

10.   ENIM shall develop and include in the European framework for capacity management guidelines setting out common tools, methodologies and procedural arrangements for strategic capacity planning.

11.   The infrastructure managers shall take 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 tools, methodologies and procedural arrangements established in the guidelines.

Article 15 Consultation with stakeholders on strategic capacity planning

1.   Infrastructure managers shall, in accordance with Article 7e of Directive 2012/34/EU, consult all operational stakeholders, including those operating multi-network rail services, on strategic capacity planning, including the planning documents referred to in Article 13(2) of this Regulation, in accordance with the schedule laid down in Section 2 of Annex I thereto.

2.   For the purpose of consulting operational stakeholders operating multi-network rail services, infrastructure managers shall coordinate between themselves in accordance with Article 55 and, for European and cross-border matters, Article 57.

Article 16 Coordination on strategic capacity planning between infrastructure managers

1.   Infrastructure managers shall coordinate where relevant their activities related to strategic capacity planning in accordance with Article 55.

Coordination shall ensure in particular:

(a)

the consistency of strategic planning across the networks concerned, in particular in relation to the capacity strategy, the capacity model and the capacity supply plan, the planning of railway infrastructure works and contingency planning;

(b)

appropriate consideration of the capacity needs for multi-network rail services in the capacity strategy, capacity model and capacity supply plan;

(c)

a review of the performance of strategic capacity planning and its outcomes in accordance with Chapter IV;

(d)

the involvement of all operational stakeholders and, where relevant, the ERP, regulatory bodies and the ENRRB, European Coordinators and Member State authorities and, where necessary, other stakeholders.

2.   Applicants shall have the right to address their concerns on the planning documents referred to in Article 13(2) to ENIM. ENIM may adopt an opinion or recommendation on these concerns and shall inform the ENRRB.

3.   Infrastructure managers shall take into account any recommendation adopted by ENIM in accordance with paragraph 2. Where infrastructure managers do not follow the recommendation, they shall explain their reasons in the planning documents.

4.   The ENRRB shall monitor the coordination process and its implementation. It shall inform the Commission of its views on the need to address any shortcomings of the coordination process.

Article 17 Analysis of expected transport market developments

1.   Infrastructure managers shall regularly monitor and analyse transport markets in order to inform their overall business strategy, capacity and contingency management and investment decisions.

2.   The network coordinator shall regularly carry out a transport market study on network and market developments for cross-border rail services. The network coordinator shall review and update the transport market study as appropriate, and in any case at least every five years. The results of the market study shall be made publicly available.

3.   The transport market analysis within the meaning of paragraph 1 of this Article and the market study referred to in paragraph 2 of this Article shall in particular provide input to strategic capacity planning as referred to in Article 4, to the partitioning of railway infrastructure capacity as referred to in Article 27 and to capacity allocation on the basis of the formal conflict resolution mechanism referred to in Article 39.

Infrastructure managers shall take the transport market analysis within the meaning of paragraph 1 and the market study referred to in paragraph 2 into account in order to inform their overall business strategy, capacity and contingency management and investment decisions.

Article 18 Capacity strategy

1.   The infrastructure manager shall adopt a capacity strategy that sets out expectations on future developments of demand and supply of railway infrastructure capacity and its vision on how to accommodate those developments.

The capacity strategy shall serve as a basis for communication, consultation and coordination among operational stakeholders.

2.   The capacity strategy shall contain the information listed in Section 1 of Annex I.

3.   The infrastructure manager shall prepare, publish and, when necessary, update the capacity strategy in accordance with the schedule and the contents set out in Section 2 of Annex I.

Article 19 Capacity model

1.   The infrastructure manager shall establish a capacity model that refines the capacity strategy on the basis of the outcome of the consultation with operational stakeholders referred to in Article 15 and the consultation and coordination activities referred to in Article 16, including in the form of the capacity needs announcement referred to in Article 14(4), point (c).

The capacity model shall support a balanced consideration of the capacity needs of different segments of rail transport services and of infrastructure managers’ needs to maintain, renew and develop rail infrastructure, including the upgrade of existing and construction of new railway infrastructure. It shall serve as a basis for communication, consultation and coordination of strategic capacity planning between the operational stakeholders.

2.   The capacity model shall contain the information listed in Section 1 of Annex I. Infrastructure managers shall prepare and publish the capacity model for each working timetable period and update the capacity model when needed in accordance with the schedule set out in Section 2 of Annex I. The obligation to update the capacity model shall not apply if the capacity supply plan for the same working timetable period has been published.

3.   The infrastructure manager shall have the right, within reasonable limits, to propose a capacity model that differs from the input received in the consultation with applicants. The infrastructure manager shall set out the applicable limits in its network statement. ENIM shall develop guidelines on those limits and include them in the European framework for capacity management.

4.   Where the infrastructure manager cannot prepare a capacity model within the limits referred to in paragraph 3 of this Article, it shall partition capacity on that element of railway infrastructure in accordance with Article 27.

5.   Where relevant, infrastructure managers shall coordinate in accordance with Article 16 to ensure that the outcomes of capacity partitioning are consistent and to ensure seamless multi-network services.

6.   Infrastructure managers shall document and, where relevant, justify any substantial divergence between the capacity model and the capacity strategy concerning the same working timetable period.

Article 20 Capacity supply plan

1.   The infrastructure manager shall establish a capacity supply plan that refines the capacity model on the basis of the consultation with applicants referred to in Article 15, including in the form of capacity needs announcements referred to in Article 14(4), point (c), and of the coordination between infrastructure managers referred to in Article 16.

The capacity supply plan shall provide the basis for capacity allocation. In accordance with the requirements laid down in Sections 1 and 2 of Annex I, it shall provide comprehensive information about:

(a)

railway infrastructure capacity available for allocation to applicants;

(b)

railway infrastructure capacity not available for allocation.

The capacity supply plan shall contain the information listed in Section 1 of Annex I.

2.   Infrastructure managers shall prepare the capacity supply plan in accordance with the results of the strategic capacity planning process referred to in Articles 13 to 19 and in accordance with the schedule set out in Section 2 of Annex I.

3.   Infrastructure managers shall publish the capacity supply plan for each working timetable period at the latest by the deadline set out in Section 2 of Annex I and shall continuously update that plan until the end of the working timetable period, to which it refers. The capacity supply plan shall be provided for each individual day of the working timetable period concerned.

4.   Infrastructure managers shall document and, where relevant, justify any substantial divergence between the capacity supply plan and the capacity model concerning the same working timetable period.

5.   In the capacity supply plan, infrastructure managers may indicate railway infrastructure capacity as pre-planned. Pre-planned capacity means capacity for which the infrastructure manager defines characteristics and volumes of the capacity available for requests by applicants, sets out rules for the allocation of such capacity and lays down the process through which such capacity can be requested, in accordance with Article 22. The specified characteristics, rules and allocation processes shall be taken into account when allocating pre-planned capacity.

6.   Pre-planned capacity shall be presented in the capacity supply plan in the form of capacity planning objects as referred to in Article 22, which specify the volume and characteristics of capacity, and which are linked to allocation rules and processes through which such capacity is made available.

7.   The infrastructure manager shall have the right, within reasonable limits, to propose a capacity supply plan that differs from the input received in the consultation with applicants. The infrastructure manager shall set out the applicable limits in its network statement. ENIM shall develop guidelines on those limits and include them in the European framework for capacity management.

8.   Where the infrastructure manager is not able to prepare a capacity supply plan within the limits referred to in paragraph 7 of this Article, it shall partition capacity on that element of railway infrastructure in accordance with Article 27.

9.   Where relevant, infrastructure managers shall coordinate in accordance with Article 16 to ensure that the outcomes of capacity partitioning are consistent and to ensure seamless multi-network services.

10.   The infrastructure manager shall submit the draft capacity supply plan to the regulatory body for scrutiny, whereupon the regulatory body shall analyse this plan and may take a decision requiring the infrastructure manager to amend the capacity supply plan where the analysis has concluded that that plan does not comply with this Regulation, with Directive 2012/34/EU, or with the principles of transparency and non-discrimination, in accordance with the deadlines referred to in Section 2 of Annex I to this Regulation.

Where relevant, regulatory bodies shall coordinate with other regulatory bodies.

11.   ENIM shall develop guidelines and include them in the European framework for capacity management, setting out the following:

(a)

the means for publication of the capacity supply plan, including digital services, tools, functions and interfaces;

(b)

the process for the consultation with applicants on the capacity supply plan.

Article 21 Contingency planning

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.

Contingency planning shall provide the basis for traffic management, disruption management and crisis management in accordance with Article 44, with a view to enabling a fast reaction in such situations and to minimising their impact on rail traffic.

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

2.   Contingency planning shall involve in particular:

(a)

the designation of alternative routes, where such routes exist, including on other networks, allowing traffic to be rerouted in the event of non-availability of elements of railway infrastructure included in the core and extended core TEN-T network, and of any sections and nodes covered by the strategic capacity planning documents;

(b)

an indicative planning of the railway infrastructure capacity available on the alternative routes designated in accordance with point (a), providing transparency about railway infrastructure capacity available on such routes, which can be utilised in the event of incidents and, in particular, network disruptions in accordance with Article 48;

(c)

laying down the 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;

(d)

the identification and listing of bodies to be informed in the event of serious incidents or serious disruptions to train movements;

(e)

any other preparations necessary to perform disruption management and crisis management in accordance with Article 44 and with the European framework for the coordination of cross-border traffic management, disruption management and crisis management referred to in Article 46.

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 railway infrastructure works as referred to in Article 11.

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

5.   The Commission shall adopt implementing acts setting 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 implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 22 Criteria and procedures for the allocation of pre-planned capacity and for the definition of capacity planning objects

1.   Infrastructure managers shall allocate pre-planned capacity included in the capacity supply plan referred to in Article 20 via equitable, transparent and non-discriminatory criteria and procedures.

Infrastructure managers shall include those criteria and procedures in the network statement, taking into account the common framework referred to in paragraph 4.

2.   Infrastructure managers may group capacity planning objects, such as pre-planned train paths when pre-planning capacity to provide a specific timetable design, in accordance with the strategic guidance referred to in Article 4, where such guidance is provided, and taking into account the market needs expressed by applicants.

3.   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 railway infrastructure works and capacity that is 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, maximum length, the technical parameters and number of paths included for both freight and passenger services.

4.   ENIM shall develop a common framework for the criteria and procedures referred to in paragraph 1 and include it in the European framework for capacity management. The 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 accepting requests for capacity rights not consistent with the capacity supply plan and the need to adjust the capacity supply plan accordingly.

5.   ENIM shall develop specifications for capacity planning objects in human-readable and machine-readable format. ENIM shall include those specifications in the European framework for capacity management. Based on its experience in applying this Article, ENIM 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 66(3) of this Regulation.

Article 23 Highly utilised and congested railway infrastructure

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

(a)

the utilisation of railway infrastructure capacity has exceeded the thresholds for highly utilised or for congested railway infrastructure during the reference periods set out in Annex II in the previous or the current working timetable period;

(b)

infrastructure managers are required to partition capacity in strategic capacity planning in accordance with Article 19(4) or Article 20(8);

(c)

major railway infrastructure works resulting in capacity restrictions scheduled in accordance with Article 11 result in capacity becoming highly utilised or congested.

Infrastructure managers shall assess the utilisation of railway infrastructure capacity on the basis of objective, transparent and appropriate procedures and methods.

2.   ENIM shall develop a common method on the utilisation of railway infrastructure capacity. That method shall be included in the European framework for capacity management.

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

4.   Conflicting individual capacity requests submitted for allocation during the working timetable period shall not be a ground for declaring an element of railway infrastructure to be highly utilised or congested unless at least one of the conditions set in paragraph 1 is met.

5.   Where an element of railway infrastructure has been declared as highly utilised or congested, the infrastructure manager shall carry out a capacity analysis in accordance with Article 24, unless a capacity-enhancement plan, as provided for in Article 25 and addressing all relevant factors, has been carried out in the five years preceding the declaration of that element of railway infrastructure as highly utilised or congested or is already being implemented.

6.   For elements of railway infrastructure declared highly utilised or congested, infrastructure managers shall reserve capacity in the capacity supply plan referred to in Article 20, taking into account the outcome of the capacity analysis referred to in Article 24.

7.   Member States shall instruct infrastructure managers to indicate elements of railway infrastructure declared as highly utilised or congested in the register of infrastructure referred to in Article 49 of Directive (EU) 2016/797.

8.   The procedures to be followed and the criteria to be used where railway infrastructure is congested shall be set out in the network statement and shall respect any measures and criteria adopted in accordance with Article 27.

9.   The Commission is empowered to adopt delegated acts in accordance with Article 75 to amend the thresholds for capacity utilisation and the reference periods set out in Annex II where those elements have proven ineffective or have led to major difficulties of implementation, or where the sector has developed new and widely accepted best practices, in order to ensure an efficient management of railway infrastructure capacity on highly utilised and congested railway 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 ENRRB in implementing this Article.

Article 24 Capacity analysis in case of highly utilised or congested railway infrastructure

1.   The infrastructure manager shall carry out a capacity analysis within six months of the declaration of railway infrastructure as highly utilised or congested, unless a capacity-enhancement plan, addressing all relevant factors, has been carried out in the five years preceding the declaration of infrastructure as highly utilised or congested or is already being implemented.

The capacity analysis shall determine the constraints on railway 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 railway infrastructure capacity from being adequately met.

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.

2.   The capacity analysis shall consider the characteristics of railway infrastructure in terms of railway infrastructure capacity, capabilities and interoperability, operating procedures, the nature of the different services operating and the effect of all those factors on railway 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 railway infrastructure improvements.

3.   Infrastructure managers shall consult applicants on the draft capacity analysis in accordance with Article 7e of Directive 2012/34/EU and, if the element of railway infrastructure concerned is part of a European Transport Corridor, in accordance with Article 57 of this Regulation.

The infrastructure manager shall make the result of the capacity analysis publicly available on its website. ENIM shall make the links to the result of the capacity analysis available on its website.

4.   Infrastructure managers shall take into account, where relevant, 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.

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

Article 25 Capacity-enhancement plan

1.   Within six months of the completion of a capacity analysis in accordance with Article 24, the infrastructure manager shall establish a capacity-enhancement plan for elements of railway infrastructure declared as congested, in accordance with Article 23.

The capacity-enhancement plan shall identify:

(a)

the reasons for the congestion;

(b)

the likely future development of traffic;

(c)

the constraints on railway infrastructure development;

(d)

the options and costs for capacity enhancement, including the measures referred to in Article 24(2) and likely changes to access charges.

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 railway infrastructure capacity, including a timetable for implementing the measures.

2.   The capacity-enhancement plan shall be established after consultation with users of the relevant congested railway infrastructure in accordance with Article 15.

A Member State may decide that that plan shall be subject to its prior approval.

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

The European Coordinator concerned shall take into account the capacity-enhancement plan in its work plan referred to in Article 53 of Regulation (EU) 2024/1679.

4.   Without prejudice to Article 42 of this Regulation, the infrastructure manager shall cease to levy any charges for the relevant railway infrastructure under Article 31(4) of Directive 2012/34/EU in one of the following cases:

(a)

the infrastructure manager does not establish a capacity-enhancement plan;

(b)

the infrastructure manager does not make progress with the measures identified in the capacity-enhancement plan.

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:

(a)

if the capacity-enhancement plan cannot be realised for reasons beyond its control;

(b)

if the options available are not economically or financially viable.

Article 26 Specialised railway infrastructure

1.   Without prejudice to paragraph 2 of this Article, railway 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 on the basis thereof.

2.   Where there are suitable alternative routes and where in accordance with the procedure set out in Article 27 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 elements of 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 13(2) and in the network statement and shall reserve capacity for the specified types of traffic in the capacity supply plan.

Such designation shall not prevent the use of such railway infrastructure by other types of traffic if capacity is available.

3.   Member States shall ensure that the railway infrastructure designated pursuant to paragraph 2 of this Article is indicated in the register of infrastructure referred to in Article 49 of Directive (EU) 2016/797.

Article 27 Capacity partitioning of railway infrastructure declared as being highly utilised or congested

1.   The infrastructure manager shall partition capacity on the elements of railway infrastructure declared as being highly utilised or congested applying an equitable, transparent and non-discriminatory methodology.

The infrastructure manager shall set out the details of the methodology, including all applicable parameter values, in the network statement taking account of the European framework for capacity management. Parameter values defined by the infrastructure manager shall be subject to coordination in accordance with Article 7e, point (d), of Directive 2012/34/EU.

The infrastructure manager shall take into account the need for capacity for multi-network rail services.

2.   The methodology referred to in paragraph 1 shall involve the following steps:

(a)

designing alternative scenarios to partition the capacity available for different types of rail transport services involving, where possible, the provision of alternative capacity on other routes or alternative timing;

(b)

evaluating and ranking the scenarios referred to in point (a) of this paragraph, taking into account the operational, socioeconomic, and environmental criteria set out in paragraph 3 of this Article;

(c)

selecting the highest ranked scenario on the basis of the evaluation referred to in point (b) of this paragraph and amending the capacity model and the capacity supply plan accordingly.

The methodology shall allow the need for multi-network rail services in their entirety to be taken into account.

3.   The evaluation referred to in paragraph 2, point (b), shall be based on, but not limited to, the following operational, socioeconomic and environmental criteria, subject to the availability of data and taking into account technical and operational considerations and the utilisation of the railway infrastructure:

(a)

operating costs for operators of rail transport services, and the resulting impact on prices for customers of rail transport services;

(b)

time-related costs for customers of rail transport services;

(c)

connectivity and accessibility for people and regions served by the rail transport services, including the quality of connections notably in terms of transfer times and the frequency of rail passenger and freight services;

(d)

impacts on external costs of transport, such as accidents, emissions of air pollutants, greenhouse gases and noise produced by rail transport services and by their likely alternatives;

(e)

volume of people and freight transported.

4.   ENIM shall set out an equitable, transparent and non-discriminatory methodology and establish the list of parameters relating to rail transport services and operational, socioeconomic and environmental criteria necessary for the assessment referred to in paragraph 3. Where relevant, ENIM shall set out standard parameter values, or ranges of standard values. ENIM shall ensure that parameter values are sufficiently tested and calibrated in an operational context.

ENIM shall include the methodology and the list of parameters and the standard values for the parameters in the European framework for capacity management.

The infrastructure manager shall, where relevant, adjust the standard parameter values to take into account local or national circumstances based on accepted approaches and empirical evidence and, where applicable, apply Member State requirements in accordance with Article 4(2), point (d).

Article 28 Capacity rights

1.   Applicants may apply to the infrastructure manager, pursuant to public or private law, in order to request an agreement granting railway infrastructure capacity rights against a charge as provided for in Chapter IV, Section 2 of Directive 2012/34/EU.

Infrastructure managers shall allocate railway infrastructure capacity rights to applicants in the form of one of the following:

(a)

capacity specifications;

(b)

train paths.

ENIM shall define the characteristics of capacity specifications and include those in the European framework for capacity management.

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.

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 33 and 35.

4.   Unless otherwise specified in this Regulation, the respective rights and obligations of infrastructure managers and applicants in respect of any capacity allocation shall be laid down in contracts or in national law.

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

Any form of transfer shall lead to exclusion from the further capacity allocation during the current working timetable period and the following one.

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. An applicant which is not a railway undertaking shall inform the infrastructure manager, at least 10 days before the use of the capacity, which railway undertaking will use the capacity. That information shall include evidence of the railway undertaking’s acceptance.

6.   Where an applicant intends to request railway 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.

Article 29 Methods of capacity allocation

1.   Infrastructure managers shall grant capacity rights to applicants by means of the allocation processes referred to in Articles 33 to 36.

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

2.   Infrastructure managers shall allocate railway infrastructure capacity via digital tools and digital services in accordance with Article 66.

3.   The infrastructure manager shall cancel a capacity right which, over a period of at least one month, has been used for less than a threshold quota unless this was due to non-economic reasons beyond the applicant’s control. In such a case, the infrastructure manager shall inform the regulatory body.

ENIM shall define ranges for the threshold quota and include them in the European framework for capacity management.

Infrastructure managers shall define the threshold quota in the network statement taking into account the ranges for the threshold quota defined by ENIM.

The regulatory body shall monitor the equitable, transparent and non-discriminatory application of the obligations pursuant to this paragraph and investigate any complaints received.

4.   Where the infrastructure manager cancels, in accordance with paragraph 3, multi-network capacity rights, the regulatory body responsible for that infrastructure manager shall inform the relevant regulatory bodies and the ENRRB.

Article 30 Allocation and coordination of multi-network capacity rights

1.   Applicants shall have the right to request multi-network capacity rights by means of the allocation processes referred to in Articles 33 to 36, including entire round trips, and to receive answers to such requests via a one-stop shop, established in accordance with Article 66(5).

Infrastructure managers shall coordinate in the capacity allocation for multi-network rail services, in accordance with Article 55, in particular for cross-border rail freight services and cross-border rail passenger services.

2.   In particular, the coordination referred to in paragraph 1 shall ensure:

(a)

the appointment of a single point of contact in charge of communication with the applicant in relation to the request for multi-network capacity right, which shall be notified to the applicant without delay after receipt of the request;

(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;

(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 38 and of the formal conflict resolution mechanism referred to in Article 39;

(d)

the coordination of any changes to allocated multi-network capacity rights in accordance with Section 4 with a view to ensuring the integrity of multi-network capacity rights at all times;

(e)

without prejudice to Article 1(7), rapid and efficient route compatibility checks for exceptional transport that crosses more than one network for military and defence purposes.

If infrastructure managers fail to appoint a single point of contact, the applicant shall select the infrastructure manager which shall be responsible to act as the single point of contact for enquiries related to the specific capacity request.

3.   An infrastructure manager shall not cancel a multi-network capacity right under Article 29(3) without prior coordination, in accordance with Article 55, with the other infrastructure managers concerned.

If the infrastructure manager cancels, in accordance with Article 29(3), multi-network capacity rights, it shall inform the regulatory body. The regulatory body shall inform the relevant regulatory bodies and the ENRRB.

4.   Multi-network capacity right applications shall be treated equally and in a non-discriminatory way compared to single-network capacity right applications.

5.   ENIM shall define the detailed procedures and methods to promote uniform application of this Article and the minimum quality requirements referred to in paragraph 2, point (b) and include them in the European framework for capacity management.

Article 31 Cooperation in the allocation of railway infrastructure capacity and capacity in service facilities

1.   Infrastructure managers and operators of service facilities that are offering services which are necessary for operating a rail transport service and whose service facilities are part of the trans-European transport network as specified in the Annex I to Regulation (EU) 2024/1679, including those located in the urban nodes defined in Article 3(6) of that Regulation, shall cooperate with a view to ensuring that the allocation of railway infrastructure capacity and capacity in service facilities is consistent.

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

3.   Infrastructure managers shall ensure that applicants can request, in a single place and in a single operation, railway infrastructure capacity rights and capacity in the service facilities referred to in paragraph 1 of this Article, using the one-stop shop established under Article 66(5).

4.   Infrastructure managers may enter into an agreement with operators of other service facilities for the joint provision of capacity.

5.   For the purposes of paragraph 3, infrastructure managers and operators of service facilities shall coordinate the capacity and shall provide capacity rights, including capacity in the service facility that meets the requirements of the applicant, or shall make an effort to provide a viable alternative to the capacity requested.

6.   The operators of service facilities referred to in paragraph 1 of this Article shall make available information about the available capacity to the infrastructure manager in a digital format in accordance with Article 66(5). Real-time information shall be provided whenever supported by the digital tools referred to in Article 66(5).

7.   This Article shall not apply to operators of service facilities benefiting from an exemption under Article 2 of Commission Implementing Regulation (EU) 2017/2177  ( 18 ) .

Article 32 Working timetable

1.   Infrastructure managers shall publish a new working timetable before the start of each working timetable period.

Infrastructure managers shall initiate the preparation of the working timetable when allocating capacity through the annual allocation process referred to in Article 34, taking into account capacity rights allocated through framework agreements in accordance with Article 33 and through the rolling planning process referred to in Article 35.

2.   Infrastructure managers shall ensure, until the end of the working timetable period, that the working timetable is up to date, taking into account capacity allocated through the rolling planning process referred to in Article 35, capacity allocated through the ad hoc process referred to in Article 36, changes to capacity rights in accordance with Article 41 and rescheduling in the context of disruption management and crisis management in accordance with Article 43.

Article 33 Capacity allocation through framework agreements

1.   Applicants shall have the right to request railway infrastructure capacity over a period of time exceeding one working timetable period through framework agreements.

Framework agreements shall specify the capacity rights granted in the form of a capacity specification as referred to in Article 28(1), point (a). They may not include capacity rights in the form of a train path.

Member States may require prior approval of framework agreements by the regulatory body. In the case of framework agreements involving cross-border traffic, the relevant regulatory bodies shall coordinate among themselves.

2.   Infrastructure managers shall indicate the capacity that they plan to reserve for allocation through framework agreements in the planning documents of the strategic capacity planning. Without prejudice to Articles 101, 102 and 106 of the Treaty on the Functioning of the European Union (TFEU), the capacity reserved for framework agreements in those planning documents shall be allocated by the infrastructure manager to applicants through such agreements, subject to paragraphs 5 and 6 of this Article. This shall not prevent infrastructure managers from allocating the requested capacity through framework agreements in cases where such capacity is not reserved in the planning documents, subject to paragraph 6 of this Article.

3.   Framework agreements may be concluded between several infrastructure managers and an applicant in cases where they cover more than one network.

4.   An applicant who is a party to a framework agreement shall request the infrastructure manager to convert the capacity specifications included in the framework agreement into a corresponding train path in accordance with that agreement. That conversion shall be carried out in accordance with Article 28(2).

5.   Infrastructure managers shall ensure that framework agreements are consistent with the following:

(a)

the planning documents related to strategic capacity planning as referred to in Article 13(2);

(b)

the strategic guidance, including its possible binding elements, where Member States have provided such guidance in accordance with Article 4.

Neighbouring infrastructure managers shall coordinate their strategic capacity plannings on available capacity for cross-border framework agreements.

6.   Framework agreements shall not preclude the use of the relevant infrastructure by other applicants or services. For that purpose, infrastructure managers shall set the maximum shares of total capacity that can be allocated through framework agreements and include those shares in the network statement.

7.   Framework agreements shall allow for the amendment of their terms to enable better use to be made of the railway infrastructure, without prejudice to Articles 41 and 42. Other changes to capacity rights allocated through framework agreements shall be subject to a penalty in accordance with Article 42.

8.   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 Section 5 of Annex I shall be justified by the requirement of dedicated investments by new entrants or by the substantial novelty of the service, providing significant improvement of service quality.

9.   For services using specialised railway infrastructure referred to in Article 26, which requires substantial and long-term investment, duly justified by the applicant, framework agreements may be concluded for a period up to 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.

10.   Infrastructure managers shall include capacity allocated through framework agreements in the capacity model referred to in Article 19 and in the capacity supply plan referred to in Article 20.

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

12.   Based on the experience of regulatory bodies, competent authorities, railway undertakings, infrastructure managers and of the ENRRB, the Commission may adopt implementing acts setting out detailed rules regarding the procedure and criteria for concluding framework agreements, the form and the content of such agreements to ensure the uniform application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 34 Capacity allocation through the annual allocation process

1.   The infrastructure manager shall allocate capacity through simultaneous capacity allocation, with a view to meeting, to the extent possible, all requests for railway infrastructure capacity referred to in Article 32(1), subject to paragraphs 2, 3 and 4 of this Article. The infrastructure manager shall take into account, to the extent possible, all constraints on applicants, including the economic effect on their business.

2.   In accordance with Articles 20 and 22, the infrastructure manager may accept or refuse requests for capacity rights that are not consistent with the capacity supply plan.

Where a request is not consistent with the capacity supply plan, the infrastructure manager shall have the right, within reasonable limits, to propose railway infrastructure capacity that differs from that which was requested, and to modify the capacity supply plan, or both. In such cases, the infrastructure manager shall apply the criteria and procedures referred to in Article 22(1).

When accepting requests that are 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 20(6) and, in the event of conflict with other requests, give priority to requests that are consistent with the capacity supply plan, in particular the pre-planned capacity.

When refusing requests that are not consistent with the capacity supply plan, the infrastructure manager shall, without delay, inform the applicant concerned of its intention to refuse a request. The applicant concerned shall have the right to lodge a complaint with the regulatory body.

At least every year, infrastructure managers shall inform the regulatory body of all capacity requests received that did not fit the parameters of the available capacity as set out in the capacity supply plan, regardless of whether they were accepted or refused. On the basis of that information, the regulatory body may issue an opinion, which may recommend to the infrastructure manager to amend the capacity model.

3.   In the event of a conflict between two or more capacity requests, the infrastructure manager shall first attempt to resolve the conflict through the consensual conflict resolution mechanism referred to in Article 38. If that consensual conflict resolution mechanism has not resolved the capacity conflict, the infrastructure manager shall apply the formal conflict resolution mechanism referred to in Article 39.

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

(a)

capacity specifications;

(b)

train paths.

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

5.   The infrastructure manager shall comply with the schedule for the allocation process set out in Section 4 of Annex I.

6.   The infrastructure manager shall consider requests submitted after the deadline set out in Section 4 of Annex I and allocate the capacity on the basis of the first come, first served principle.

7.   For requests submitted after the 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.

8.   The infrastructure manager shall consult interested parties on the draft working timetable. Interested parties shall include all those who have requested railway 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.

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

Article 35 Capacity allocation through the rolling planning process

1.   Infrastructure managers shall allocate railway infrastructure capacity through the rolling planning process at least to rail freight services in accordance with the deadlines set out in Section 6 of Annex I. Infrastructure managers shall reserve capacity for that purpose in the capacity supply plan referred to in Article 20.

Without prejudice to Articles 101, 102 and 106 TFEU, the capacity reserved for rolling planning in the planning documents shall be allocated by the infrastructure manager to applicants through the rolling planning process. This shall not prevent infrastructure managers from allocating the requested capacity through the rolling planning process in cases where such capacity is not reserved in the planning documents. The rolling planning process shall not preclude the use of the relevant railway infrastructure by other applicants or services.

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

(a)

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

(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 Section 6 of Annex I.

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

3.   Infrastructure managers and applicants may jointly decide to amend the capacity specifications granted through the rolling planning process to enable a better use of the railway infrastructure. Those amendments shall not be considered to be changes to capacity rights subject to a penalty for the purposes of Article 42. Other changes to capacity rights allocated through rolling planning process shall be subject to a penalty in accordance with Article 42.

4.   Without prejudice to Article 20, infrastructure managers shall allocate capacity reserved for the rolling planning process on the basis of the first come, first served principle.

5.   In accordance with the rules and procedures set out in Article 22, infrastructure managers shall try their utmost to offer alternative capacity for rolling planning requests if requests are inconsistent with the capacity supply plan referred to in Article 20. If it is not possible to offer an alternative, the infrastructure manager may refuse to allocate capacity to those inconsistent requests. The applicant shall have the right to lodge a complaint with the regulatory body.

6.   The infrastructure manager, following a notification to the regulatory body, shall refuse rolling planning requests, if those requests meet the characteristics of capacity that is normally allocated through framework agreements in accordance with Article 33. The regulatory body shall inform the ENRRB of such refusals and shall ensure a consistent application of this paragraph.

7.   Based on the experience of regulatory bodies, competent authorities, railway undertakings, infrastructure managers and the ENRRB, the Commission may adopt implementing acts setting out detailed rules regarding the rolling planning process to ensure the uniform application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 36 Capacity allocation through the ad hoc process

1.   The infrastructure manager shall respond without undue delay, and in any event within the deadlines set out in Section 7 of Annex I, to ad hoc requests for railway infrastructure capacity submitted at any time during the validity of the working timetable. Information on available spare capacity shall be made available in accordance with Article 10 to all applicants who may wish to use this capacity.

Capacity rights granted through the ad hoc process shall take the form of train paths.

2.   The allocation of railway infrastructure capacity in response to ad hoc requests shall be based on the first come, first served principle.

Article 37 Scheduling of capacity restrictions resulting from railway infrastructure works

1.   Infrastructure managers shall adhere to the schedule and requirements set out in Sections 3 and 8 of Annex I when scheduling railway infrastructure works in accordance with this Article.

2.   When scheduling railway infrastructure works, infrastructure managers shall limit the impact on pre-planned capacity included in the capacity model or in the capacity supply plan to the extent possible.

3.   If the scheduling of a capacity restriction resulting from railway infrastructure works requires a change to an allocated capacity right within the meaning of Article 41, the infrastructure manager shall do its utmost to provide the applicants concerned with alternative capacity which allows the railway undertaking to operate the services concerned.

For that purpose, the infrastructure manager shall inform all applicants concerned about the intended change to the capacity rights concerned. It shall offer to the applicants concerned alternative capacity rights or initiate a coordination with the applicants concerned with a view to agreeing on alternative capacity rights.

4.   Infrastructure managers shall include capacity restrictions resulting from railway infrastructure works as soon as they are scheduled in the capacity model or in the capacity supply plan, regardless of the moment when they are scheduled.

5.   The infrastructure manager may derogate from the deadlines laid down in Section 3, Table 1 of Annex I, and the requirement to include capacity restrictions with high or major impact in the capacity model referred to in Article 19 in the following cases:

(a)

there is evidence that, due to unforeseen events, the capacity restriction is necessary to re-establish safe train operations;

(b)

the timing of the restrictions is beyond the control of the infrastructure manager, its contractors or other operators acting on its behalf; or

(c)

if all operational stakeholders concerned agree.

In those cases, the infrastructure manager shall consult the applicants and the operators of service facilities concerned forthwith and keep them informed at regular intervals on the progress towards the re-establishment of normal operations.

Capacity restrictions that imply changes to capacity rights after allocation shall comply with the requirements laid down in Article 41 and in Section 8 of Annex I.

Article 38 Consensual conflict resolution mechanism and coordination of requests

1.   Where in the context of simultaneous capacity allocation there are conflicting requests for railway infrastructure capacity, the infrastructure manager shall attempt to ensure, through coordination of those requests, the best possible matching of all requirements.

2.   Where a situation requiring coordination arises, the infrastructure manager shall attempt to accommodate all railway infrastructure capacity requests through coordination and shall have the right, within reasonable limits, to propose railway infrastructure capacity that differs from that which was requested. The infrastructure manager shall set out the applicable limits in its network statement. ENIM shall develop guidelines on those limits and include them in the European framework for capacity management.

3.   The infrastructure manager shall attempt, through consultation with the applicants concerned, to resolve any conflicts. Such consultation shall be based on the disclosure of the following information within a reasonable time, free of charge and in electronic form:

(a)

capacity rights requested by all other applicants on the same routes;

(b)

capacity rights allocated on a preliminary basis to all other applicants on the same routes;

(c)

alternative capacity rights proposed on the relevant routes in accordance with paragraph 2;

(d)

full details of the criteria being used in the capacity-allocation process.

Without prejudice to Article 3(2) and subject to the agreement of all applicants, the infrastructure manager may establish contact between all applicants potentially involved in the resolution of a conflict to facilitate the coordination of railway infrastructure capacity requests.

4.   The infrastructure manager shall set out in its network statement the principles governing the coordination of capacity requests for rail services.

5.   Where capacity requests cannot be satisfied without coordination, the infrastructure manager shall attempt to accommodate all requests through coordination.

6.   In case of multi-network capacity requests, the consensual conflict resolution mechanism set out in paragraphs 1, 2 and 3 of this Article shall be performed in accordance with Article 55 and shall involve the network coordinator.

7.   ENIM shall develop guidelines for the consensual conflict resolution mechanism for multi-network capacity requests and include them in the European framework for capacity management.

Article 39 Formal conflict resolution mechanism

1.   Where the consensual conflict resolution mechanism referred to in Article 38 has not resolved the conflict, infrastructure managers shall allocate railway infrastructure capacity applying an equitable, transparent and non-discriminatory methodology.

The infrastructure manager shall set out the details of the methodology, including all applicable parameter values, in the network statement taking account of the European framework for capacity management. Parameter values defined by the infrastructure manager shall be subject to coordination in accordance with Article 7e, point (c), of Directive 2012/34/EU.

2.   The methodology referred to in paragraph 1 shall involve the following steps:

(a)

designing alternative scenarios to partition the capacity available for different types of rail transport services involving, where possible, the provision of alternative capacity on other routes or alternative timing;

(b)

evaluating and ranking the scenarios referred to in point (a) of this paragraph, taking into account the operational, socioeconomic, and environmental criteria set out in paragraph 3;

(c)

selecting the highest ranked scenario on the basis of the evaluation referred to in point (b) of this paragraph and amending the capacity model and the capacity supply plan accordingly.

3.   The evaluation referred to in paragraph 2, point (b), shall be based on, but not limited to, the following operational, socioeconomic and environmental criteria, subject to the availability of data and taking into account technical and operational considerations and the utilisation of the railway infrastructure:

(a)

operating costs for operators of rail transport services, and the resulting impact on prices for customers of rail transport services;

(b)

time-related costs for customers of rail transport services;

(c)

connectivity and accessibility for people and regions served by the rail transport services, including the quality of connections, in particular in terms of transfer times and the frequency of rail passenger and freight services;

(d)

impacts on external costs of transport, such as accidents, emissions of air pollutants, greenhouse gases and noise produced by rail transport services and by their likely alternatives;

(e)

volume of people and freight transported.

4.   ENIM shall set out an equitable, transparent and non-discriminatory methodology and establish the list of parameters relating to rail transport services and socioeconomic criteria necessary for the assessment referred to in paragraph 3. Where relevant, it shall set out standard parameter values, or ranges of standard values. ENIM shall ensure that these parameter values are sufficiently tested and calibrated in an operational context.

ENIM shall include the methodology, the list of parameters and the standard values for the parameters in the European framework for capacity management.

The infrastructure manager shall, where relevant, adjust the standard parameter values to take into account local or national circumstances based on accepted approaches and empirical evidence and, where applicable, following Member State requirements in accordance with Article 4(2), point (d).

5.   In the context of the formal conflict resolution mechanism, requests for multi-network capacity rights shall be taken into consideration in their entirety. If, in accordance with paragraph 4, different national parameters apply, those parameters shall be used for the respective sections.

6.   In case of conflicting capacity requests involving rail services with similar characteristics and socioeconomic profile, the infrastructure manager shall assign railway infrastructure capacity on the basis of an auction or in a way providing access to the largest number of applicants. The latter method shall be applied subject to approval by the regulatory body.

Article 40 Schedule for capacity allocation processes

1.   For the purposes of implementing Articles 33 to 36, the infrastructure manager and applicants shall comply with the schedule for capacity allocation processes set out in Sections 4 to 7 of Annex I.

2.   Infrastructure managers may decide time periods and deadlines for the schedule for allocation of capacity rights for international trains services which are different from those referred to in this Regulation and in point 2(b) of Annex VI to Directive 2012/34/EU if:

(a)

the establishment of international train paths in cooperation with infrastructure managers of third countries on a network whose track gauge is different from the main rail network within the Union has a significant impact on the schedule for capacity allocation in general; or

(b)

the establishment of international train paths in cooperation with infrastructure managers of other third countries have a significant impact on the schedule for capacity allocation, provided that this has no impact on the capacity allocation processes of other infrastructure managers of the Union.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 75 to amend the deadlines and durations set out in Sections 4 to 7 of Annex I, and to adjust, within the limits of the framework laid down in Articles 33 to 36, the milestones and time periods set out therein, where those elements have proven ineffective or have led to major difficulties of implementation, taking into account the experience of infrastructure managers and of applicants, with the objectives to rationalise the capacity allocation processes, to ensure an efficient allocation process and to address planning, operational, technical and commercial interests of the stakeholders concerned relating to scheduling and capacity allocation.

Article 41 Changes to capacity rights after allocation

1.   Infrastructure managers may change capacity rights allocated to an applicant on their own initiative only in accordance with this Regulation. Applicants may request changes to allocated capacity at all times.

In the event of changes to allocated capacity rights, Article 42 shall apply and the infrastructure managers shall, without delay, update the working timetable referred to in Article 32.

2.   After the allocation of capacity rights, infrastructure managers shall limit changes to capacity rights to the greatest extent possible, in accordance with the principles set out in Article 2(4). Likewise, applicants shall limit to the greatest extent possible their requests for changes to such capacity rights.

3.   Changes to capacity rights shall include cases where the infrastructure manager cannot allow the train to run in accordance with the allocated capacity right and has sufficient time to offer the applicant an alternative capacity right after having informed the applicant of the need for the change.

4.   A cancellation of capacity rights shall also be considered as a specific type of change.

5.   In the case of changes to capacity rights, infrastructure managers may apply shorter deadlines for the allocation of such rights compared to the deadlines indicated in Section 8 of Annex I. Infrastructure managers shall provide information on the time necessary to construct a train path in the network statement.

6.   The rules and procedures to be applied in the event of a change to a capacity right shall take into account the impact of the change to the capacity right in operational and commercial terms. For that purpose, infrastructure managers shall categorise changes based on their impact and identify the category of changes having a significant impact, taking into account the procedures adopted by ENIM on the basis of paragraph 10.

7.   In the event of a change to a multi-network capacity right, the infrastructure managers concerned shall make all reasonable efforts to ensure consistency between the capacity rights over the entire train run.

A cancellation due to force majeure on one network shall be considered to be a cancellation due to force majeure for the capacity right along the entire route covered by it.

The infrastructure manager making a change to a multi-network capacity right shall coordinate and shall be responsible for the process of allocating an alternative multi-network capacity right with the other infrastructure managers concerned and shall inform the applicant and all parties concerned about the outcome of the coordination. That outcome shall be either the allocation of an alternative multi-network capacity right or the information that no alternative capacity right is available.

8.   For the purpose of this Regulation, failure to use an allocated capacity right by railway undertakings shall be considered equivalent to a cancellation on the day of the train run concerned.

9.   Where an infrastructure manager changes an allocated capacity right, it shall inform the applicant and the railway undertaking concerned without delay.

The infrastructure manager shall offer alternative capacity rights to the applicant within the deadlines set out in Section 8 of Annex I. Where this is not possible, the infrastructure manager shall provide the applicant with relevant information enabling the applicant to place a new request for railway infrastructure capacity. Where relevant, that information shall make reference to the capacity supply plan referred to in Article 20 and the contingency planning referred to in Article 21.

10.   ENIM shall prepare and adopt uniform procedures to manage changes to capacity rights after allocation and include them in the European framework for capacity management.

Those procedures shall establish criteria to differentiate between changes depending on their impact in commercial and operational terms, including criteria to categorise changes as having a significant impact.

To categorise a change as having a significant impact ENIM shall take into account, among other factors, the ability of the railway undertaking to perform the service in accordance with its contractual obligations, delays at departure or changes to the route that result in increase of distance, time of travel, track access charges or other related costs, as well as thresholds for these changes.

11.   By 12 December 2027, the Commission shall adopt delegated acts in accordance with Article 75 to amend Section 8 of Annex I with a view to ensuring efficient adaptation and rescheduling processes, taking into account planning, operational, technical and commercial considerations of the stakeholders concerned. In doing so, the Commission shall consider introducing rescheduling windows for smaller works not categorised as having major, high or medium impact and will also take into account the experience of infrastructure managers and of applicants.

Article 42 Penalty for changes to capacity rights

1.   Where the infrastructure manager or an applicant does not fulfil its commitments with respect to an allocated capacity right and where this results in a change that is categorised as significant in accordance with Article 41(6), it shall pay a penalty to the other party. The penalty shall be effective, proportionate, dissuasive and non-discriminatory.

2.   The penalty referred to in paragraph 1 shall not be due in the following circumstances:

(a)

force majeure ;

(b)

where an infrastructure manager withdraws capacity rights in accordance with measures taken by Member States in accordance with Article 12;

(c)

where a capacity right is cancelled in accordance with Article 29(3);

(d)

when amending framework agreements in accordance with Article 33(7);

(e)

the use of derogations in accordance with Article 37(5).

3.   The level of the penalty shall be set between a minimum and a maximum level, as determined in Annex IV. The infrastructure managers shall set out in the network statement the levels of penalty to be paid by the infrastructure manager and the applicant subject to approval by the regulatory body.

4.   The penalty due by an infrastructure manager shall not be differentiated by market segment of the train service. The penalty due by an applicant shall be differentiated by market segment of the train service.

5.   The penalty may be modulated by a factor ranging from 0,1 to 2, depending on the impact of the change and in accordance with the following criteria:

(a)

the timing of the notification of the change;

(b)

where the change is caused by the infrastructure manager and alternative capacity exists, the quality of the alternative capacity; or

(c)

where the change is caused by the applicant, whether the capacity can be re-allocated and used by another applicant.

The maximum modulation may only be applied in situations where the capacity right is cancelled.

6.   Based on the criteria set out in paragraph 5, ENIM shall develop guidelines for the application of the modulation and include them in the European framework for capacity management.

The infrastructure manager shall determine the modulation levels based on those guidelines.

7.   The infrastructure manager shall set out in the network statement the modulation levels to be applied to the penalties due by the infrastructure manager and by the applicant, subject to the approval by the regulatory body.

8.   In the case of a multi-network capacity right, the total penalty shall be calculated by adding the amount of the penalties, including the modulation, in each of the networks, by taking into account that:

(a)

the obligation to pay the penalty to the applicant shall apply to the infrastructure manager which is responsible for the change to the capacity right, taking into account the capacity right in its entirety; the penalty due by the infrastructure manager shall be three times the level of the penalty due in its own network but not more than the sum of the penalties for the entire capacity right;

(b)

the obligation to pay the penalty to the infrastructure managers shall apply to the applicant who requested the change, taking into account the capacity right in its entirety; the penalty shall be paid to the infrastructure managers concerned, according to their corresponding part in the multi-network capacity right.

9.   An infrastructure manager or an applicant shall have the right to raise a dispute with the regulatory body responsible concerning the change of a capacity right or related to the payment of a penalty. The regulatory body shall take a decision without delay, at the latest within one month of collecting all the necessary information to assess the cause of the change.

10.   In the case of a single-network capacity right, the regulatory body of the Member States of the capacity right shall decide.

In the case of multi-network capacity rights, the regulatory body responsible for the infrastructure manager acting as the single point of contact pursuant to Article 30 shall decide.

Regulatory bodies shall inform and may consult the ENRRB on such decisions. When consulted, the ENRRB shall advise regulatory bodies with the aim of ensuring that such decisions are consistent and based on commonly recognised principles.

11.   The Commission shall adopt delegated acts in accordance with Article 75 to amend Annex IV with a view to adapting the minimum and maximum levels of the penalty to the inflation rate. The review of the level of the penalties shall be done every two years by reference to the inflation rate as measured by means of the European Index of Consumer Prices as published by Eurostat. The first review of the level of the penalties shall be done in 2033.

Article 43 Rescheduling in the context of disruption management and crisis management

1.   In the event of a network disruption as referred to in Article 48 or of a crisis situation as referred to in Article 49, the infrastructure manager or managers concerned shall make all possible efforts to reschedule traffic affected by the disruption. For that purpose, infrastructure managers shall allocate railway infrastructure capacity, taking into account the guidelines referred to in paragraph 2, on the basis of the contingency plans prepared in accordance with Article 21 and in close coordination with operational stakeholders and, where relevant, other stakeholders concerned.

2.   ENIM shall develop and adopt guidelines for managing and allocating railway infrastructure capacity in the event of a network disruption as referred to in Article 48 and include them in the European framework for the coordination of cross-border traffic management, disruption management and crisis management. In particular, ENIM shall develop guidelines on the application of the disruption management and the first come, first served principle.

When disruption management applies, ENIM shall develop guidelines on the procedures to be applied, involving as appropriate the application of the consensual conflict resolution mechanism referred to in Article 38 and of the formal conflict resolution mechanism referred to in Article 39. ENIM shall include those guidelines in the European framework for the coordination of cross-border traffic management, disruption management and crisis management as referred to in Article 46.

3.   Infrastructure managers and applicants may conclude, on a voluntary basis, agreements providing for a replacement of certain capacity rights in the event of a network disruption as referred to in Article 48. Such agreements shall be listed in the contingency plan referred to in Article 21.

4.   Where a network disruption as referred to in Article 48 affects traffic on more than one network, the infrastructure managers concerned shall coordinate the allocation of alternative capacity in accordance with Article 55 and take into account the European framework for the coordination of cross-border traffic management, disruption management and crisis management referred to in Article 46.

Article 44 Traffic management, disruption management and crisis management

1.   Infrastructure managers shall perform traffic management in accordance with this Regulation, Directive (EU) 2016/797 and the specifications laid down in implementing acts adopted under that Directive.

For that purpose, infrastructure managers shall perform:

(a)

traffic management during normal operating conditions involving the management of incidents resulting in limited deviations from the working timetable;

(b)

disruption management to address significant disturbances to network operations requiring concerted action in accordance with Article 48;

(c)

traffic management during crisis situations as referred to in Article 49.

2.   When managing traffic, infrastructure managers shall adhere to the principles set out in Article 2.

In particular, infrastructure managers shall minimise disturbances and their impact on rail traffic and shall:

(a)

ensure a fast and coordinated reaction to disturbances, in particular in the event of network disruptions and crisis situations;

(b)

stabilise and optimise rail traffic during the entire duration of network disruptions and crisis situations;

(c)

provide relevant, accurate and up-to-date information to operational stakeholders and to other parties concerned, in particular authorities in charge of managing crisis situations outside the rail sector; that information shall be provided by the appropriate means, including those referred to in Article 66.

Article 45 Rules and procedures for traffic management and disruption management

1.   Infrastructure managers shall put in place rules and procedures to manage deviations of train movements from the working timetable. Those rules and procedures shall be published in the network statement referred to in Article 27 of Directive 2012/34/EU and shall cover traffic management in the situations set out in Article 44(1), points (a), (b) and (c), of this Regulation.

2.   The rules and procedures referred to in paragraph 1 shall aim to minimise the overall impact of deviations from the timetable on all types of rail traffic, taking into account the needs of all types of transport. The rules and procedures may involve priority rules for the management between the different types of traffic and the specific procedures, criteria and targets to be applied in an optimisation-based approach that relies on the optimisation of a target function, such as the minimisation of the delay minutes or of the time to return to normal operations, rather than explicit priority rules.

3.   In the event of a disruption to train movements caused by technical failure or accident, the infrastructure manager shall take all necessary steps to restore the situation to normal. To that end, the infrastructure manager shall implement the contingency plan developed in accordance with Article 21. If a disturbance has a potential impact on cross-border traffic, the infrastructure managers concerned shall cooperate with each other to restore the cross-border traffic to normal in accordance with the European framework for the coordination of traffic management, disruption management and crisis management as referred to in Article 46.

4.   When setting out the rules and procedures referred to in paragraph 1, infrastructure managers shall take account of the European framework for the coordination of cross-border traffic management, disruption management and crisis management referred to in Article 46. They shall explain in the network statement the reason for any deviation from the common rules and procedures established in the European framework for the coordination of cross-border traffic management, disruption management and crisis management.

5.   In case of force majeure , and, where absolutely necessary, on account of an incident making the railway infrastructure temporarily unusable, allocated capacity rights may be withdrawn without warning for as long as is necessary to repair the system whilst at the same time making the utmost efforts to provide possible alternatives.

The infrastructure manager may, if it deems this necessary, require railway undertakings to make available to it the resources which it considers are the most appropriate to restore the situation to normal as soon as possible.

6.   In the event of a capacity cancellation, infrastructure managers shall inform railway undertakings of their time management, of progress of repairs and of possible alternatives to their allocated capacity.

7.   Member States may require railway undertakings to be involved in ensuring the enforcement and monitoring of their own compliance with the safety standards and rules.

Article 46 European framework for the coordination of cross-border traffic management, disruption management and crisis management

1.   By 12 April 2028, ENIM shall develop and adopt a European framework for the coordination of cross-border traffic management, disruption management and crisis management in accordance with the principles referred to in Article 44, laying down common tools, methodologies and procedural arrangements for the coordination between infrastructure managers, railway undertakings and other operational stakeholders, and taking into account the work of Europe’s Rail Joint Undertaking established by Article 3(1), point (d), of Regulation (EU) 2021/2085. Infrastructure managers shall take the utmost account of those common tools, methodologies and procedural arrangements for the coordination of cross-border traffic management, disruption management and crisis management.

2.   When preparing the network statement referred to in Article 27 of Directive 2012/34/EU and Article 6(2) of this Regulation, infrastructure managers shall take the utmost account of the European framework for the coordination of cross-border traffic management, disruption management and crisis management. They shall explain, in the network statement, the reason for any deviation from the guidelines for the coordination established in this framework.

3.   ENIM shall publish a draft of the European framework for the coordination of cross-border traffic management, disruption management and crisis management for consulting the ERP and operational stakeholders. The ERP and operational stakeholders may submit their replies to the consultation within three months of the publication of that draft.

4.   ENIM shall submit the final draft of the European framework for the coordination of cross-border traffic management, disruption management and crisis management to the ENRRB by 12 October 2027. The ENRRB shall submit a recommendation to ENIM on the European framework for the coordination of cross-border traffic management, disruption management and crisis management, within three months of receiving the draft from ENIM. ENIM shall take the utmost account of this recommendation when adopting the European framework for the coordination of cross-border traffic management, disruption management and crisis management.

5.   The European framework for the coordination of cross-border traffic management, disruption management and crisis management shall comprise of at least the elements listed in Annex VI and shall be updated when necessary to take into account the experience of operational stakeholders as well as the activities of ENIM. When the European framework for the coordination of cross-border traffic management, disruption management and crisis management is updated, ENIM shall consult the ERP and operational stakeholders, and shall submit a draft to the ENRRB for recommendation, in accordance with paragraphs 3 and 4.

6.   When exercising its powers in relation to the network statement in accordance with Article 56(1) and (2) of Directive 2012/34/EU, the regulatory body shall take into account the recommendation on the European framework for the coordination of cross-border traffic management, disruption management and crisis management adopted by the ENRRB, in accordance with paragraph 2 of this Article and without prejudice to the principle of independence of regulatory bodies.

7.   The Commission is empowered, in accordance with Article 74, to adopt implementing acts setting out the European Framework for the coordination of cross-border traffic management, disruption management and crisis management, as defined in paragraph 5 of this Article.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).

Article 47 Coordination of cross-border traffic management, disruption management and crisis management

Infrastructure managers shall coordinate traffic management in accordance with Article 55 and on the basis of the European framework for the coordination of cross-border traffic management, disruption management and crisis management referred to in Article 46.

The coordination shall ensure in particular:

(a)

that international rail services operate with minimum disruptions both under regular operations and in disturbed situations;

(b)

that the specific challenges related to cross-border sections resulting, inter alia, from limited interoperability in terms of infrastructure, technical equipment and operations, language and training requirements related to staff, administrative or border formalities are properly taken into account;

(c)

an efficient exchange of up-to-date and relevant information between infrastructure managers, applicants, railway undertakings and other operational stakeholders, as well as any Union level relevant crisis management governance structures as appropriate, including in accordance with Article 66.

Article 48 Network disruption

1.   Where an incident results or is likely to result in restrictions to network operations, which require concerted action by operational stakeholders to ensure the best possible management of traffic during the restrictions, the affected infrastructure managers shall assess the likely duration and impact of the incident on the basis of all available information and previous experience, taking account of the method referred to in paragraph 7.

If the estimated likely duration and impact of the incident meet the criteria for the declaration of network disruptions as set out in Annex VII, the infrastructure managers concerned shall declare a network disruption and implement the measures laid down in Article 45.

2.   Where the network disruption has, or is likely to have, impacts on more than one network, the manager of the railway infrastructure on which the network disruption took place shall declare a multi-network disruption and coordinate actions in accordance with Article 47, while taking account of the European framework for the coordination of cross-border traffic management, disruption management and crisis management referred to in Article 46.

3.   Where the network disruption has cross-border impact, and is resulting in a partial or a total interruption of services for more than 15 days, the infrastructure manager shall provide an incident report to the network coordinator as soon as possible after the declaration of the disruption made pursuant to paragraph 1 or 2, and provide an update every 30 days during the entire duration of the disruption.

The incident report shall include information on all operational measures undertaken to ensure alternative routes and the restoration of regular services.

The network coordinator shall submit the incident report to ENIM and the relevant European Coordinators and, upon request, to the applicants concerned.

4.   The infrastructure manager shall inform, as soon as possible, interested parties about the unavailability of railway infrastructure capacity.

Member States may require the infrastructure manager to make such information available to the competent authority referred to in Article 9(1) of Directive (EU) 2022/2557.

The regulatory body may require the infrastructure manager to make such information available to it, if it deems it necessary.

5.   The network coordinator shall collect information on network disruptions, analyse the response, reach conclusions on the effectiveness of the management of such incidents, consult operational stakeholders, taking into account the guidelines developed by ENIM in accordance with Article 57(2), and report to ENIM and the Advisory Performance Panel.

6.   ENIM shall take into account the conclusions of the network coordinator on network disruptions when updating the European framework for the coordination of cross-border traffic management, disruption management and crisis management referred to in Article 46.

7.   ENIM shall define a method to estimate the likely duration and impact of network disruptions on traffic, define the minimum content of the incident report and provide a template for the incident report. ENIM shall include that method, minimum content and template in the European framework for the coordination of cross-border traffic management, disruption management and crisis management referred to in Article 46. Infrastructure managers shall take account of that method, minimum content and template.

Article 49 Crisis situations

1.   In crisis situations or in cases of imminent risk of a crisis situation occurring related to public safety, health epidemics, natural disasters or the environment that have or are expected to have a critical effect on the supply or demand of rail transport services, Member States shall be allowed to apply emergency measures that include, by way of derogation from the rules of this Regulation and from the rules related to the allocation of railway infrastructure capacity laid down in Chapter IV, Section 3 of Directive 2012/34/EU:

(a)

the cancellation of capacity rights without penalty in accordance with Article 42;

(b)

alternative principles, rules and procedures for capacity management;

(c)

alternative procedures for traffic management;

(d)

the use of alternative routes;

(e)

the amendment of capacity supply plans.

The Member State concerned shall ensure that the emergency measures follow to the extent possible the principles on capacity and traffic management set out in this Regulation and that they make use of existing contingency plans prepared in accordance with Article 21. It shall coordinate such emergency measures with other Member States in accordance with Article 56.

The content and the duration of emergency measures shall be limited to what is strictly necessary and proportionate to address the crisis situation in question.

2.   The Member State concerned shall inform the Commission and ENIM without delay of its decision to apply emergency measures, and of the repeal of such measures, and shall provide a justification and a description of those measures and the expected duration of their application. Where Regulation (EU) 2024/2747 of the European Parliament and of the Council  ( 19 ) applies, the Member State concerned shall also notify the central liaison office designated by that Member State pursuant to Article 8 of that Regulation of the measures adopted pursuant to this Article.

3.   Focal points appointed in accordance with Article 64 of this Regulation shall provide information to the Commission, ENIM, other infrastructure managers, the competent authority referred to in Article 9(1) of Directive (EU) 2022/2557, and other interested parties about the emergency measures and shall help coordinate such measures.

4.   Where emergency measures have a significant impact on cross-border traffic, infrastructure managers shall coordinate between themselves in accordance with Article 55, while taking into account the guidelines developed by ENIM in accordance with Article 57(2). When performing coordination through dedicated coordination structures in accordance with Article 55(2), point (a), the Commission and the Member States concerned shall be involved.

5.   At the request of the Commission, in the event that emergency measures have a significant impact on cross-border traffic, regulatory bodies and the ENRRB shall provide their opinion on the emergency measures to the Commission within the deadline set by the latter. The Commission may adopt decisions requiring a Member State to repeal the emergency measures, if they are deemed not to be necessary.

6.   Member States shall provide updated information where necessary or on request from the Commission. Member States shall provide all the information required by the Commission about the emergency measures within the deadlines set by the latter.

7.   Public authorities in charge of managing crisis situations, including the military, civil protection agencies, and others, may organise exercises simulating crisis situations falling within the scope of this Article. In such cases, the infrastructure manager shall allocate capacity as needed, including the cancellation of allocated capacity rights if necessary. The public authorities concerned shall be subject to a penalty for changes to capacity rights, in accordance with the principles referred to in Article 42.

Article 50 Exchange of information on traffic management

1.   All operational stakeholders directly involved in the operation of a rail transport service shall have the right of access to the information set out in Annex IX concerning this rail transport service.

The parties concerned may only use the information for the purposes of this Regulation, of Directive (EU) 2016/797 and implementing acts adopted under that Directive, unless specified otherwise in contractual agreements.

2.   The infrastructure manager shall make the information accessible in accordance with Article 66.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 75 of this Regulation to amend Annex IX to this Regulation to ensure that it reflects any changes to the technical specifications for interoperability laid down in the relevant implementing acts that are adopted in accordance with Directive (EU) 2016/797 and taking into account planning, operational, technical and commercial considerations of the stakeholders concerned.