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