Allocation of framework capacity
Article 5
1. The infrastructure manager may invite potential applicants to submit requests for framework agreements by an annual or multiannual deadline. Once the relevant deadline has expired, it shall process the requests submitted without delay. If the infrastructure manager invites for framework agreements by a multiannual deadline, it shall publish annual deadlines by which it shall process the requests received after the multiannual deadline without undue delay. 2. Where the infrastructure manager does not impose an annual or multiannual deadline and receives a request to conclude or modify a framework agreement, it shall take reasonable steps to inform other potential applicants about its intention to conclude a framework agreement and give them one to four months to reply. The infrastructure manager may decide not to inform the other potential applicants if it receives a request for a minor modification to a framework agreement that does not impact other framework agreements. The infrastructure manager shall decide on the requests for framework agreements without delay. 3. If two or more new requests for a framework agreement are submitted for the same capacity, the infrastructure manager shall examine and decide on them simultaneously. 4. If a framework agreement that is to be concluded or substantially modified concerns rail lines of a rail freight corridor and if the management board had requested to be informed thereof, the infrastructure manager shall inform the management board of the rail freight corridor(s) concerned as referred to in Article 13 of Regulation (EU) No 913/2010. The infrastructure manager shall provide this information at least one month before concluding or substantially modifying the framework agreement. 5. Notwithstanding a decision to conclude framework agreements, the infrastructure manager may decide on a non-discriminatory basis and, where applicable, with prior approval of the regulatory body not to offer framework agreements on all lines that have been declared congested in accordance with Article 47(1) of Directive 2012/34/EU. The infrastructure manager shall indicate the lines where it does not offer framework agreements in the framework capacity statement before inviting applicants to submit requests for framework agreements for other lines in accordance with paragraph 1. The approval of the regulatory body, where applicable, shall be valid for a maximum period of two years and shall not be automatically renewable. 6. The infrastructure manager shall justify its decision to refuse, to conclude or to modify a framework agreement. The reasons shall be justified in writing to the applicant that requested the conclusion or the modification.