Conclusion of framework agreements
Article 6
1. Before concluding a new framework agreement or extending or substantially increasing the framework capacity of an existing framework agreement, the infrastructure manager shall take into account, among other things, the following: (a) securing optimum use of available infrastructure capacity, including the use of other networks, taking account of planned capacity restrictions; (b) the legitimate commercial needs of the applicant where the applicant has demonstrated that it has the actual intention and ability to use the capacity requested in the framework agreement; (c) the needs of passengers, the freight sector and investors, including State entities and other public and private entities; (d) ensuring non-discriminatory access to infrastructure and taking into account the availability of the related facilities and services supplied in these facilities as far as this information is made available to the infrastructure manager; (e) the funding of the infrastructure manager and the future development of the network; (f) promoting efficiency in the operation of infrastructure and as far as possible related facilities, including planned maintenance, enhancement and renewals; (g) the capacity requirements of international rail freight corridors as provided for in Article 14 of Regulation (EU) No 913/2010; (h) ensuring proportionate, targeted, transparent, fair and sufficiently resourced management of the network; (i) previous failure, if any, to use framework capacity and the reasons for that failure as set out in Article 11(2) and (3) of this Regulation; (j) the priority criteria applying to the path allocation in the timetabling procedure, as referred to in Article 47 of Directive 2012/34/EU and declarations of congested infrastructure; (k) if applicable, the need to ensure the long-term financial performance of public transport provided under a public service contract. The infrastructure manager shall publish in the network statement, in addition to the items listed in points (a) to (k), the other items it intends to take into account. 2. A framework agreement shall contain the following: (a) provisions allowing requests for the modification of framework capacity in the circumstances provided for under Articles 8-11 and 13 of this Regulation; (b) provisions allowing requests for the modification of framework capacity in the case of permanent changes to the infrastructure that are necessary in order to ensure better use to be made of the railway infrastructure; (c) provisions allowing the surrender or shift of framework capacity on a voluntary basis. It shall not contain provisions that would prevent the infrastructure manager, where capacity is available, from granting access rights to a different applicant on one or more lines of the infrastructure manager's network. 3. Applicants may request that the framework capacity allocated in accordance with the framework agreement starts at any given time, but no later than five years from the date of the request. Infrastructure managers shall not reject such requests where the time period needed before taking up the service, is justified by one of the following reasons: (a) the framework agreement is a prerequisite for financing rolling stock that is needed for a new service; (b) there is a need to complete the authorisation of the rolling stock as referred to under point (a); (c) the way in which the start of operations of shipping points or loading terminals or the opening of a connecting piece of infrastructure is scheduled; (d) investment has to be made in infrastructure where the increased capacity is not yet available; (e) a provision in an existing public service contract. The infrastructure manager or the applicant may request the regulatory body to approve a longer period than the one referred to in the first sentence of the first subparagraph. The regulatory body may give its approval for other reasons than those laid down in points (a) to (e) of the first subparagraph. The capacity allocated under the framework agreement, but not used, as a consequence of the time needed before taking up the service shall remain available for use by other applicants. 4. A request for framework agreement shall not be rejected on grounds that the infrastructure manager received the request after the deadline as referred to in Article 5(1) but shall be processed under the next procedure on a non-discriminatory basis in accordance with Article 5. If the infrastructure manager invites the potential applicants to submit requests for framework agreements by a multiannual deadline and if it receives such requests after this deadline, it shall process them either by an annual deadline in accordance with Article 5(1) or in accordance with Article 5(2). For requests that meet the criteria provided in paragraph 3 of this Article, the date of receipt of the request for framework agreement shall not be taken into account for setting the duration of the framework agreement. This shall not apply to the applicants who have already been allocated other framework capacity or train paths on the line concerned.