Activities of Tilly METZ related to 2023/0271(COD)
Plenary speeches (1)
Use of railway infrastructure capacity in the single European railway area, amending Directive 2012/34/EU and repealing Regulation (EU) No 913/2010 (A9-0069/2024 - Tilly Metz) (vote)
Amendments (125)
Amendment 175 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Tackling the multi-modal competitive aspect between different transport modes is important to facilitate a substantial modal shift and reach the targets set in the Sustainable and Smart Mobility Strategy. In order to guarantee a fair level playing field between modes, framework conditions need to be levelled out and external costs should be internalised in pricing. In this regard, taxation and fees across the different modes, such as a tax on kerosene and lower track access charges, should reflect the priorities and contribute to the targets set in the Sustainable and Smart Mobility Strategy. This would incentivise people and companies to make transport choices in line with the EU’s sustainable transport vision. With an increased demand for rail capacity by both passenger and freight services, investments will also be needed to realise the capacity enhancing measures described above.
Amendment 178 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) A reverse progress is noted in the railway network of EU-27 in use which shrank by over 12,000 km between 1990 and 20211a __________________ 1a European Commission, Directorate- General for Mobility and Transport, (2023). EU transport in figures: statistical pocketbook 2023, Publications Office of the European Union. https://data.europa.eu/doi/10.2832/319371
Amendment 182 #
Proposal for a regulation
Recital 5
Recital 5
(5) Rail infrastructure capacity and traffic management are crucial to the well- functioning of the rail sector. The operation of rail transport services needs to be carefully planned and coordinated to allow trains with very different characteristics, such as speed and braking distance, to share safely the same tracks. Optimal management of capacity creates more opportunities for, and increases reliability of, rail services, which is a particularly important requirement for the increasing market of night trains as well as the ambitions to shift goods to rail freight. Regulation should provide infrastructure managers with sufficient flexibility for effective management of capacity while making sure that all railway undertakings are treated without discrimination in their access to the network.
Amendment 185 #
Proposal for a regulation
Recital 7
Recital 7
(7) The rules and procedures on the management of rail infrastructure capacity should reflect betterconsider and satisfy the needs of all rail market segments in a proportionate and non-discriminatory way. They should in particular take into account the necessity of long- term stability of available capacity for passenger services and of short-term flexibility for freight traffic to respond to market demand. Therefore, the process of managing capacity should no longer have a predominantly annual focus, but be arranged in three subsequent phases of strategic capacity planning; rail service scheduling and capacity allocation; and adaptation and rescheduling of capacity. The introduction of better defined and structured phases that provide for the possibility of long-term planning and short- term adaptation in capacity management, would particularly benefit services that are less easy to plan in advance or are more complex to arrange, such as freight trains and cross-border passenger trains, including night trains.
Amendment 187 #
Proposal for a regulation
Recital 8
Recital 8
(8) An increasing portion of the Union rail network is either congested or close to congested and cannot accommodate the needs for rail infrastructure capacity of all applicants and support further growth in the volume of rail transport. Infrastructure development and digitalisation, in compliance with the technical specification for interoperability developed under Directive (EU) 2016/797 of the European Parliament and of the Council, in particular the European Rail Traffic Management System (‘ERTMS’), is expected to result in an increase of available capacity in the medium to long term. Nevertheless, infrastructure managers will be required to assign priorities for the use of congested sections. Without prejudice to general principles on priority set out by Member States in the framework for the allocation of infrastructure capacity, infrastructure managers should take decisions on priorities using transparent and harmonised methodologies which clarify how social, economic and environmental factors have been taken into account and affect their decision. These socio-economic and environmental criteria need to be studied in more detail and must be based on accepted methods and best available knowledge. The Commission should set criteria and standardised methodologies for the calculation in a delegated act, involving ENIM and ERICA in its work. ENIM should then, in consultation with operational stakeholders, prepare and adopt the relevant procedures.
Amendment 191 #
Proposal for a regulation
Recital 9
Recital 9
(9) The strategic planning of capacity should improve the utilisation of rail infrastructure by anticipating demand for rail services and taking into account planned infrastructure development, renewal and maintenance. It should ensure that rail infrastructure capacity is allocated in a way that maximises the value of rail services for society taking into account socio-economic and environmental benefits. Infrastructure managers should ensure that strategic planning provides progressively increasing level of details about available capacity and that it is the basis for the capacity allocation.
Amendment 192 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Integrated, clock-face timetables can improve rail connectivity by offering regular passenger services and seamless multimodal connections in urban nodes. Infrastructure managers can support the introduction of such timetables by taking the concept into account in strategic capacity planning. For this purpose, capacity can be pre-planned in the form of appropriate capacity planning objects, such as systematic train paths, while leaving sufficient flexibility to enable an optimum use of infrastructure capacity.
Amendment 198 #
Proposal for a regulation
Recital 14
Recital 14
(14) A significant share of rail freight transport is long-distance and requires cross-border coordination of infrastructure managers. The policy goal of increasing rail traffic also relies on growing cross- border passenger services. To facilitate and promote an increasing cross-border traffic in the single European railway area, it is necessary to ensure greater consistency and harmonisation of the rules and procedures on the management of rail infrastructure capacity. Accordingly, the role of the European Network of Infrastructure Manager should be strengthened with a view to entrusting it with the development of guidelines for the harmonised implementation of this Regulation on procedures and methodologies for the management of rail infrastructure capacity and with the active coordination of cross- border capacity and traffic. In particular, the European Network of Infrastructure Managers should develop European frameworks for capacity management, for the coordination of cross-border traffic management, disruption management and crisis management, and fo. Railway Undertakings, applicants and other operformance reviewational stakeholders should also be consulted in the development of these European Frameworks.
Amendment 203 #
Proposal for a regulation
Recital 15
Recital 15
(15) The European frameworks developed by the European Network of Infrastructure Manager ENIM and the European Rail Infrastructure Coordination body for capacity Allocation ERICA should provide guidelines that infrastructure manager should make the utmost efforts to follow, while retaining responsibility for their operational decisions. Infrastructure managers should motivatejustify any deviation from the frameworks developed by European Network of Infrastructure Manager and ERICA, which should only be allowed in exceptional cases and be subject to approval by the national rail regulatory body. This approach is considered to strike the balance between the needs of coordination and application of harmonised approaches in the single European railway area, and the need for adapting procedures and methodologies to the specific circumstances of given geographical areas. After five years of application of this Regulation, the Commission should assess whether the state of convergence of procedures and methodologies and the effectiveness of the coordination process between infrastructure managers, as well as the general progress towards the establishment of the single European railway area, warrant the introduction of secondary legislation to replace elements the European frameworks developed by the European Network of Infrastructure Manager.
Amendment 204 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) To ensure a seamless European rail network and to enhance cross-border and multi-network rail traffic for both freight and passenger transport, a new European Rail Infrastructure Coordination body for capacity Allocation (ERICA) should be established. It should be supported in an advisory role by the network coordinator. ERICA should contribute to the preparation of the European framework for capacity management, contribute to the operational coordination between infrastructure managers and provide support to the regulatory bodies regarding rules, procedures and tools. Furthermore, it should act as an additional point of contact for stakeholders outside the rail sector interested in using rail services and as a contact point for applicants and other operational stakeholders on behalf of ENIM for matters not explicitly covered under this regulation. It should also facilitate the development and implementation of digital tools and services for capacity management and traffic management processes. As a basis for future infrastructure development and funding within TEN-T, ERICA should also identify European cross-border infrastructure enhancement needs .
Amendment 206 #
Proposal for a regulation
Recital 17
Recital 17
(17) The operation of railway infrastructure not only requires close cooperation between infrastructure managers, but also a strong interaction with railway undertakings and other stakeholders directly involved in rail and multimodal transport and logistic operations. Therefore, it is necessary to provide for structured coordination between infrastructure managers and other stakeholders. To strengthen the role of Railway Undertakings, applicants and other operational stakeholders, ENIM should set up a consultative body to ENIM, the European Operational Stakeholder Platform (EOSP) consisting of operational stakeholders as well as service facilities, terminals and ports. As well as providing ENIM with a closer view on market developments, it can also issue own initiative opinions on any proposals or decisions by ENIM as well as ERICA.
Amendment 207 #
Proposal for a regulation
Recital 18
Recital 18
(18) Reliability of rail services is one of the aspects most valued by railway customers, and not least a critical requirement of the re-emerging night train market, where rail customers and applicants need to know well in advance how their services can run. Reliability of schedules is also a critical aspect for the smooth functioning of the rail system, where there are strong interactions between services and network externalities. For that reason, deviations from the schedule should be kept to the minimum. Additionally, a system of adequate incentives should be introduced to promote the fulfilment of commitments by infrastructure managers, railway undertakings and other relevant stakeholders. Those incentives should be both of economic and non-economic nature.
Amendment 213 #
Proposal for a regulation
Recital 20
Recital 20
(20) To improve the performance of rail infrastructure services in the single European railway area, the infrastructure managers, in close cooperation with the Commission, ERICA, the Performance Review Body and relevant stakeholders, should set up and implement a common framework for the review of performance. This framework should ensure that all EU infrastructure managers use common principles and methodologies for measuring performance through agreed indicators. The framework should allow for identifying performance deficiencies on the EU railway network. It should ensure that infrastructure managers set performance objectives in a way that takes into account the specificities of the network they manage, but at the same time ensures coherency in identifying the most relevant performance deficiencies. The framework should allow infrastructure managers to cooperate at EU level, including within ERICA in identifying measures to address performance deficiencies and to keep track of their impact. Infrastructure managers, working together in the European Network for Infrastructure Managers and taking into account the opinion of the Performance Review Body and the Commission, should review this framework regularly to ensure that it is fit for purpose.
Amendment 216 #
Proposal for a regulation
Recital 22
Recital 22
(22) The rail regulatory bodies should cooperate at Union level to ensure coherent application of the regulatory framework and consistent treatment of applicants across the single European railway area. They should do so through the European Network of Rail Regulatory Bodies, with a view to develop common practices for making the decisions for which they are empowered under this Regulation. For that purpose, the European Network of Rail Regulatory Bodies should perform coordination tasks and adopt non-binding recommendations and opinions, which should not affect the competences of the rail regulatory bodies or those of the infrastructure managers. ENRRB should check the compatibility of the European Frameworks, proposed by ERICA, with the regulatory objectives of the Regulation. Regulatory supervision should be designed in a way that national decisions cannot underline the harmonised procedures described in the frameworks, unless exemptions of this Regulation apply.
Amendment 217 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Workers are crucial for the efficient functioning of the railway sector. For services to become more efficient and to increase their quality, digitalisation will be essential. This digitalisation and /automatisation of rail capacity and traffic management will have to be accompanied by digital skill development for the sector’s employees. Additional training and investment in the extension of digital competencies with respect to new digital requirements will enable workers to adapt and positively contribute to the well- functioning of the sector through enhanced communication and capacity to deal with unexpected events. Workers' rights cannot be neglected in the shift towards increased digitalisation, but should form a central part around which to restructure the functioning of the sector.
Amendment 220 #
Proposal for a regulation
Recital 29
Recital 29
(29) The ex-post evaluation of Regulation (EU) No 913/201020 concluded that the Regulation’s impact was too limited to contribute to a modal shift from road to rail. Moreover, the cooperation between Member States and infrastructure managers in the management of the rail infrastructure was still ineffective from a cross-border perspective. The evaluation has also shown that managing separately the capacity on the rail freight corridors and on the rest of the network is not efficient. A single regulatory framework should apply to the operation of rail network capacity, consolidating the related provisions in Directive 2012/34/EU and of Regulation (EU) No 913/2010. Therefore, Regulation (EU) No 913/2010 and the provisions in Directive 2012/34/EU on capacity allocation should be repealed and replaced by this Regulation. Relevant Articles of Regulation 2021/0420 on Union Guidelines for the development of the trans-European transport network should be amended accordingly. __________________ 20 SWD(2021) 134 final of 2 June 2021
Amendment 221 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) Similarly, alignment should be ensured with the following implementing regulations, for the allocation rules in service facilities (implementing regulation 2017/2177) and for procedures and criteria concerning framework agreements (implementing regulation 2016/545).
Amendment 228 #
Proposal for a regulation
Article 2 – paragraph 3 – point d
Article 2 – paragraph 3 – point d
(d) enable seamless and punctual rail traffic across more than one network by striving to eliminate bottlenecks and operational obstacles and including service facilities that are directly involved in a railway service;
Amendment 238 #
Proposal for a regulation
Article 4 – paragraph 2 – point 1 a (new)
Article 4 – paragraph 2 – point 1 a (new)
(1a) ‘rail infrastructure capacity’ means the maximum number of trains that can be operated in a defined period of time on a geographically defined part of the railway network (with specific traffic and infrastructure characteristics) under required or desired level of service; this constitutes an upper limit for the ‘planned capacity’, which represents the volume of the available capacity requested by and allocated to rail operators. Big differences between available capacity (excluding also closures for planned infrastructure maintenance) and demanded capacity would lead either to under-utilized infrastructures or to unsatisfied requests.
Amendment 240 #
Proposal for a regulation
Article 4 – paragraph 2 – point 1 b (new)
Article 4 – paragraph 2 – point 1 b (new)
(1b) ‘Used capacity’ refers to the actual traffic volume over the network, usually lower than the planned capacity, as some planned train paths might not be used (e.g. for unplanned disturbances or for late cancellation by operators, leading to some inefficiencies). Mechanisms should be provided for assurance that the planned timetable with its respective train capacity is actually respected in execution. If, due to inappropriate incentives, path requests are not honoured by the requestors, this may actually lead to a reduction of used capacity.
Amendment 241 #
Proposal for a regulation
Article 4 – paragraph 2 – point 1 c (new)
Article 4 – paragraph 2 – point 1 c (new)
(1c) ‘Transport capacity’ is the amount of goods and/or passengers that can be transported by the trains operated on the infrastructure in the defined period of time. This is impacted also by other parameters, such as train length or axle load, influencing the maximum amount of passenger or goods that can be carried on each train; given the same number of trains on the same infrastructure, an increase in the maximum load/carrying capacity of the trains leads to an increase in the transport capacity.
Amendment 243 #
Proposal for a regulation
Article 4 – paragraph 2 – point 3
Article 4 – paragraph 2 – point 3
(3) ‘operational stakeholder’ means an applicant, railway undertaking, infrastructure manager, rail service facility operator, provider of rail-related services and any other entity directly involved in operating a rail transport service as defined in Article 3(19) of Directive 2012/34/EU;
Amendment 252 #
Proposal for a regulation
Article 4 – paragraph 2 – point 17 a (new)
Article 4 – paragraph 2 – point 17 a (new)
(17a) ‘systematic train paths’ are train paths pre-constructed by the infrastructure manager based on different sources such as past timetables, needs submitted by customers, market forecasts and politically driven capacity concepts. They are allocated to market segments, occur in a patterned manner in a regular schedule and are formed to further optimise the utilisation of infrastructure and to optimise interchange connections between passenger services in node stations.
Amendment 254 #
Proposal for a regulation
Article 4 – paragraph 2 – point 17 b (new)
Article 4 – paragraph 2 – point 17 b (new)
(17b) 'Compensation for changes to capacity rights' means an incentive fee due to be paid in the case of the amendment and/or cancellation of an allocated train path. It shall be implemented according to the process in Article 40 and shall be published in the network statement of the respective infrastructure manager.
Amendment 256 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Infrastructure managers shall strive to follow common principles and procedures for the management of rail infrastructure capacity. For this purpose, ENIM shall develop and adopt, consult with European Operational Stakeholder Platform (EOSP) prior to the adoption and adopt under the lead of the European Rail Infrastructure Coordination body for capacity Allocation ERICA, a ‘European framework for capacity management’ in accordance with the provisions of Chapter II by [12 months of the entry into force of this Regulation]. ENIM shall publish the principles and procedures that govern this consultation.
Amendment 263 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Infrastructure managers shall take the utmost account of the European framework for capacity management when preparing the network statement referred to in Article 27 of Directive 2012/34/EU, in particular the contents specified in Annex IV of this Regulation. They shall explain in the network statement the reason for any deviation from the common principles and procedures established in the European framework for capacity management. Deviations shall only be allowed in exceptional cases with sufficient justifications and subject to approval by the national rail regulatory body.
Amendment 276 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2 – introductory part
Article 8 – paragraph 4 – subparagraph 2 – introductory part
Those procedures shall assess alternative options for the use of infrastructure capacity, based on the following socioeconomic and environmental criteria, subject to the availability of data to be provided by applicants to the infrastructure manager. The criteria should include but not be limited to:
Amendment 280 #
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2 a (new)
Article 8 – paragraph 4 – subparagraph 2 a (new)
The Commission shall set out criteria and standardised methodologies for the calculation as well as standardised and representative data sources in a delegated act. These criteria and models must be based on accepted methods and best available knowledge. The Commission shall set out criteria and standardised methodologies for the calculation as well as standardised and representative data sources in a delegated act, following a consultation with ENIM and ERICA. These criteria and models must be based on accepted methods and best available knowledge.
Amendment 305 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)
(ca) cross-border freight and passenger services.
Amendment 312 #
Proposal for a regulation
Article 12 – paragraph 4 – point c
Article 12 – paragraph 4 – point c
(c) capacity needs by operational stakeholders and the input from their consultation of current and potential applicants in accordance with Article 13;
Amendment 313 #
Proposal for a regulation
Article 12 – paragraph 4 – point f a (new)
Article 12 – paragraph 4 – point f a (new)
(fa) Strategic capacity planning shall take account as far as possible of the socio-economic and environmental criteria listed in Article 8 (4) subject to the availability of data to be provided by applications to the infrastructure manager.
Amendment 315 #
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1
Article 12 – paragraph 6 – subparagraph 1
Strategic capacity planning shall cover the linesentire network, but in particular those lines that are part of the TEN-T core and extended core network referred to in Article 6 of and Annex I to [new TEN-T Regulation]. Infrastructure managers may include other lines and nodes of the network they manage.
Amendment 317 #
Proposal for a regulation
Article 12 – paragraph 8 – point b
Article 12 – paragraph 8 – point b
(b) changes in market demand for rail transport and infrastructure capacity taking into account input by applicants for new or modified services;
Amendment 320 #
Proposal for a regulation
Article 12 – paragraph 9
Article 12 – paragraph 9
9. ENIM, after consulting ERICA, shall develop guidelines setting out common principles, procedures and methodologies for strategic capacity planning. It shall include those guidelines in the European framework for capacity management referred to in Article 6 of this Regulation. Those guidelines should contain at least the elements listed in Annex III to this Regulation. The infrastructure managers shall take the utmost 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 principles, procedures and methodologies established in the guidelines.
Amendment 322 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Infrastructure managers shall consult all operational stakeholders, including also operators of service facilities on strategic capacity planning in accordance with Article 7e of Directive 2012/34/EU.
Amendment 326 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Throughout the capacity management process, applicants shall be given the possibility to announce their capacity needs in a structured, common way and according to suitable timelines specified by ENIM. Infrastructure managers shall take the utmost efforts to incorporate the announced needs into the strategic capacity planning referred to in Article 11(2). Where infrastructure managers cannot consider these needs, they shall consult the concerned applicant and together investigate commercially viable alternatives, including via different itineraries or feasible changes on the infrastructure.
Amendment 327 #
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. The regulatory body shall monitor the activities of the infrastructure manager in strategic capacity planning in accordance with Article 63 of this Regulation.
Amendment 333 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Infrastructure managENRRB, in consultations with the stakeholders and ENIMdvisory groups, shall regularly monitor and analyse transport markets in order to informand relevant multimodal aspects in order to inform the work of ENIM and infrastructure managers on their overall business strategy, capacity and contingency management and investment decisions. Infrastructure managers shall communicate the results of this analysis to other stakeholders for similar purposes, including the European Coordinators.
Amendment 339 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. ENIM shall consult applicants, the new consultative bodies established in Article 55 a new, prospective applicants, customers of rail transport services and their associations, national and EU public authorities on the terms of reference for the study, in particular as regards the purpose of the study and the process for stakeholder involvement. The stakeholder involvement shall include the possibility for operational stakeholders to give input to the study and to make an independent comment on the result.
Amendment 344 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The capacity strategy shall contain information about the future development of rail infrastructure and service facilities as mentioned in Article 29 (1), an outlook on the development of the demand for different rail transport services and any other relevant information about the availability and utilisation of railway infrastructure.
Amendment 346 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The infrastructure manager shall prepare, publish and regularly updateupdate when needed the capacity strategy in accordance with the schedule and the contents set out in section 2 of Annex I.
Amendment 349 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Infrastructure managers shall consult applicants and service facilities on the capacity strategy in accordance with Article 13 and coordinate capacities strategies with other concerned infrastructure managers in accordance with Article 14.
Amendment 352 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The capacity model shall at least provide information about the total volume of capacity available by network section, the shares of capacity reserved for different segments of rail transport services and for capacity restrictions resulting from infrastructure works. It shall also contain information on the capacity of the respective service facilities referred to in Article 29 (1). Infrastructure managers shall prepare and publish the capacity model for each working timetable period and regularly update the capacity model when needed in accordance with the contents and schedule set out in sections 1 and 2 of Annex I.
Amendment 357 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Infrastructure managers shall document and, where relevant, justify any divergence between the capacity model and the capacity strategy concerning the same working timetable period. Where needed, tThe capacity strategy shall be revised in the light of developments since the adoption or the latest update of the capacity strategydoes not have to be updated in case the capacity model was already published.
Amendment 358 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Infrastructure managers shall consult applicants and the regulatory body on the capacity model in accordance with Article 13 and coordinate capacities strategies with other concerned infrastructure managers in accordance with Article 14.
Amendment 361 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. The infrastructure manager shall submit the capacity model to the regulatory body for scrutiny. The regulatory body may take a decision requiring the infrastructure manager to amend the capacity model before publication. With a view to ensure the cross-border consistency of capacity models, the decision of the regulatory body shall take into account, where relevant, any opinion or recommendation by ENIM, ERICA or by other regulatory bodies.
Amendment 362 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 – point a
Article 18 – paragraph 1 – subparagraph 1 – point a
(a) infrastructure capacity available for allocation to applicants in the working timetable and safeguarded for later requests according to Article 33, including service facilities;
Amendment 363 #
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. In the capacity supply plan, infrastructure managers may indicate infrastructure capacity and capacity in service facilities as referred to in article 29 (1) 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 defines the process through which such capacity can be requested, in accordance with Article 20. The specified characteristics, rules and allocation processes shall be taken into account when allocating pre-planned capacity.
Amendment 364 #
Proposal for a regulation
Article 18 – paragraph 7 – subparagraph 2
Article 18 – paragraph 7 – subparagraph 2
Infrastructure managers shall include in the capacity supply plan all elements listed in paragraph 6 and in coherence with the capacity strategy, and particularly for all lines and nodes included in the TEN-T core and extended core network as defined in [new TEN-T Regulation].
Amendment 365 #
Proposal for a regulation
Article 18 – paragraph 9
Article 18 – paragraph 9
9. The regulatory body shall analyse the capacity supply plan and may take a decision requiring the infrastructure manager to amend the capacity supply plan. The decision of the regulatory body shall take into account any opinion of or recommendation by ENIM, where such has been providedinfrastructure manager shall submit the draft capacity supply plan to the regulatory body for scrutiny. The regulatory body may take a decision requiring the infrastructure manager to amend the capacity model before publication.
Amendment 366 #
Proposal for a regulation
Article 18 – paragraph 9 a (new)
Article 18 – paragraph 9 a (new)
9a. With a view to ensure the cross- border consistency of capacity plans, the decision of the regulatory body shall take into account, where relevant, any opinion or recommendation by ENIM, ERICA or by other regulatory bodies.
Amendment 389 #
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
Infrastructure managers shall take into account the results of any capacity analysis carried out, including in other concerned networks pursuant to this Article in strategic capacity planning, in particular in the capacity strategy, in the capacity model and in the capacity supply plan.
Amendment 406 #
Proposal for a regulation
Article 27 – paragraph 4 – subparagraph 2
Article 27 – paragraph 4 – subparagraph 2
For multi-network capacity rights, ENIM shall establish, following ERICA approval, a single interface or a common system in accordance with Article 62, in order to manage capacity allocation in a single place and operation.
Amendment 411 #
Proposal for a regulation
Article 27 – paragraph 7 a (new)
Article 27 – paragraph 7 a (new)
7a. The infrastructure manager shall be allowed to use, where relevant, specific timetabling approaches including systematic train paths. When the infrastructure manager decides to use this approach, systematic train paths with cross-border relevance shall be, where possible, aligned with neighbouring and other concerned infrastructure managers across borders.
Amendment 413 #
Proposal for a regulation
Article 27 – paragraph 7 b (new)
Article 27 – paragraph 7 b (new)
7b. Infrastructure managers shall inform the regulatory body of all capacity requests received that did not fit the parameters of the available capacity as defined in the capacity supply plan, regardless of whether they were accepted or refused. On the basis of this information the regulatory body shall issue an opinion at least every two years, which may recommend to the infrastructure manager to amend the capacity model.
Amendment 417 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. As regards the compensation for changes to capacity rights referred to in Article 40, a multi-network capacity right shall be considered as a single capacity right. In particular, a cancellation due to unforce majeure on one network shall be considered as a cancellation due to force majeure for the capacity right along the entire route covered by iteseeable, unavoidable, exceptional and unprovoked events outside the control of one infrastructure manager or the railway undertaking or applicant, shall apply to the capacity right along the entire route covered by it only if no alternative routing, including across borders, is available.
Amendment 430 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Amendment 437 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. Framework agreements shall not be such as to preclude the use of the relevant infrastructure by other applicants or services. For this purpose, infrastructure managers shall set the maximum shares of total capacity that can be allocated through framework agreements and include these in the network statement. Infrastructure managers of the concerned countries who have cross-border framework agreements shall align these thresholds and make them as consistent as possible.
Amendment 446 #
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 1
Article 32 – paragraph 5 – subparagraph 1
In accordance with Article 18 and Article 20, the infrastructure manager shall give priority to requests that are consistent with the pre-planned capacity defined in the capacity supply plan. As a result, the infrastructure manager may ei, provided operational stakeholders had been duly consulted and their accept or refuse requests that are not consistent with the capacity supply plannnouncements of capacity had been taken into account to the utmost extent.
Amendment 447 #
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 2
Article 32 – paragraph 5 – subparagraph 2
When accepting requests 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 18(6). These applications are to be taken into account if there is enough free capacity available without restricting the needs for subsequent applications.
Amendment 452 #
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 3
Article 32 – paragraph 5 – subparagraph 3
When refuprocessing requests not consistent with the capacity supply plan, the infrastructure manager should offer an alternative and where time-wise possible preceded by consultation with concerned applicants. If no alternative offer is possible, the infrastructure manager shall, without delay, inform the applicant concerned of its intention to refuse a request. The latter shall have the right to lodge a complaint with the regulatory body.
Amendment 459 #
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. In accordance with the rules and procedures set out in Article 20, infrastructure managers may refuse to allocatshall try their utmost to offer alternative capacity for rolling planning requests if requests are inconsistent with the capacity supply plan adopted in accordance with Article 18. A refusal shall be communicated to thIf it is not possible to offer an alternative, the infrastructure manager may refuse to allocate capplicant without delayacity to such inconsistent request. The applicant shall have the right to lodge a complaint with the regulatory body.
Amendment 463 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2a. Infrastructure managers shall inform annually the regulatory body of all ad hoc capacity requests received that were refused. On the basis of this information the regulatory body shall issue an opinion, which may require the infrastructure manager to amend the capacity model in the following year by reserving an adequate capacity dedicated to accommodate ad hoc requests, particularly for rail freight services.
Amendment 464 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Where a situation requiring coordination arises, the infrastructure manager shall have the right, within reasonable limits, to propose infrastructure capacity that differs from that which was requested. The infrastructure manager shall define the applicable limits in its network statement. ERICA with the support of ENIM shall provide guidelines on the definition of such limits and include them in the European framework for capacity management referred to in Article 6.
Amendment 469 #
Proposal for a regulation
Article 36 – paragraph 8
Article 36 – paragraph 8
8. ERICA with the support of ENIM shall prepare guidelines for the consensual conflict resolution mechanism for multi- network capacity requests and include them in the European framework for capacity management referred to in Article 6.
Amendment 476 #
Proposal for a regulation
Article 39 – paragraph 4 a (new)
Article 39 – paragraph 4 a (new)
4a. In cases of capacity is reserved but not used, a compensation payment shall apply in accordance to Article 40.
Amendment 479 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. The compensation referred to in paragraph 1 shall not be due in cases of force majeurewhere the infrastructure manager changes an allocated capacity right because of an unforeseeable, unavoidable, exceptional and unprovoked event outside the control of the infrastructure manager, railway undertaking or applicant, and no alternative, including across borders, can be offered.
Amendment 480 #
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. The compensation referred to in paragraph 1 shall not be due in cases where an applicant requests a change to an allocated capacity right because of an unforeseeable, exception and unprovoked event outside the applicant’s control.
Amendment 485 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Following a consultation of the ENRRB, ENIM and EOSP, ERICA shall define harmonised conditions giving rise to compensation. Those conditions shall take into account the rules set out in Article 39(4) and (8). ENIM shall include these conditions in the European framework for capacity management referred to in Article 6. The ENRRB shall publish an opinion on the conditions defined by ENIMRICA.
Amendment 486 #
Proposal for a regulation
Article 40 – paragraph 5
Article 40 – paragraph 5
5. In the case of multi-network capacity rights, the obligation to pay the compensation to the applicant shall apply to the infrastructure manager or managers which is or are responsible for the change to the capacity right, taking into account the capacity right in its entirety and, where more than one infrastructure manager is responsible, the ratio of the length of their networks in the capacity right. The compensation for the entirety of the capacity right shall not exceed the compensation due for the capacity right allocated by the infrastructure manager multiplied by three. Compensation claims shall remain unaffected by this. The basic fee is centred on the compensation for the capacity right before any possible deductions from the track access charges by the member states.
Amendment 489 #
Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 1
Article 41 – paragraph 2 – subparagraph 1
ERICA, with the support of ENIM shall develop and adopt guidelines for managing and allocating infrastructure capacity in the event of a network disruption in a transparent and non- discriminatory way. In particular, ENIMRICA shall provide guidelines on the application of the simultaneous capacity allocation process and the first come, first served principle.
Amendment 490 #
Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 2
Article 41 – paragraph 2 – subparagraph 2
Where the simultaneous allocation process applies, ENIMRICA shall provide guidelines on the procedures to applied, involving as appropriate the application of the consensual conflict resolution process referred to in Article 36 and of the formal conflict resolution process referred to in Article 37. ENIM shall include those guidelines in the European framework for capacity management referred to in Article 6 after final approval by ERICA.
Amendment 496 #
Proposal for a regulation
Article 43 – paragraph 4 a (new)
Article 43 – paragraph 4 a (new)
4a. Deviations should only be allowed in reasonable cases and should be approved by the national regulatory body.
Amendment 501 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
ENIM shall develop and adopt a European framework for the coordination of cross border traffic, traffic disruption and crisis management in accordance with Article 42 at the latest by [12 months after the entry into force of this Regulation] following approval by ERICA.
Amendment 502 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 2
Article 44 – paragraph 1 – subparagraph 2
ENIM shall develop the European framework for the coordination of cross- border traffic management, disruption management and crisis management in cooperation with operational stakeholders and interested parties through the consultation process referred to in Article 54, taking into account the work of the Europe’s Rail Joint Undertaking established in Title IV of Regulation (EU 2012/2085) following approval by ERICA.
Amendment 503 #
Proposal for a regulation
Article 44 – paragraph 3 a (new)
Article 44 – paragraph 3 a (new)
3a. The Commission shall adopt an implementing act setting out the European framework for the coordination of cross-border traffic management, disruption management and crisis management by [36 months of the entry into force of this Regulation], taking into account the framework adopted by ENIM in accordance with paragraph 1 and following consultation of ENIM, EOSP, ERICA, ENRRB, PRB, the European Union Agency for Railways and the Europe’s Rail Joint Undertaking. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 72(3).
Amendment 509 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. In accordance with Article 7f, point (d) of Directive 2012/34/EU, ENIM under the supervision of ERICA shall monitor and benchmark performance of rail infrastructure services taking into account the general objectives set out in Article 2 of this Regulation. Rail infrastructure managers shall also monitor the performance of rail transport services.
Amendment 510 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. For this purpose, infrastructure managers shall set outpropose their own performance targets in the plan referred to in Article 8(3) of Directive 2012/34/EU, taking into account any objectives set out in the contractual agreements referred to in Article 30 of that Directive. The infrastructure managers shall consult regulators, as well as their national ministries and the Commission in order to assure that the targets set are consensually accepted as consistent with EU level policies and ambitions. They shall put in place and perform procedures to monitor and report on progress towards the achievement of the targets, to identify the causes of performance deficiencies with operational stakeholders and to design and implement remedial measures to improve performance. These procedures shall take into account the European framework for performance review referred to in Article 50 of this Regulation. Infrastructure managers shall explain in the network statement the reason for any deviation from the common procedures established in the European framework for performance review. Deviations should only be allowed in reasonable cases and should be approved by the regulator.
Amendment 512 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. ERICA with the support of ENIM shall set up and implement by [12 months after the entry into force of this Regulation] a European framework for the review of performance. This framework shall take into account in particular the principles defined in Article 2(3), Article 8(4), Article 42(3) and the operational requirements, the performance objectives and target values set out in [Article 18 of the new TEN-T Regulation].
Amendment 514 #
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. The Commission mayshall adopt an implementing acts, setting out detailed rules on the elements in paragraph 2, points (b) to (d), in accordance with the advisory procedure referred to in Article 72(2). In doing so, the Commission shallthe European framework for performance review by [36 months of the entry into force of this Regulation], takeing into account the framework adonepted by ENIM in accordance with paragraph 31 and any recommendfollowing consultations of the performance review bodyENIM, EOSP, ERICA, ENRRB, PRB, the European Union Agency for Railways and the Europe’s Rail Joint Undertaking. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 72(3).
Amendment 517 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Without prejudice to Article 15 of Directive 2012/34/EU and Article 3 of Commission Implementing Regulation (EU) 2015/110023 , ENIMRICA shall prepare and publish by [24 months after the entry into force of this Regulation] a European performance review report on the basis of the European framework for performance review referred to in Article 50 of this Regulation and publish it every year. __________________ 23 Commission Implementing Regulation (EU) 2015/1100 of 7 July 2015 on the reporting obligations of the Member States in the framework of rail market monitoring (OJ L 181, 9.7.2015, p. 1).
Amendment 522 #
Proposal for a regulation
Article 51 – paragraph 4 a (new)
Article 51 – paragraph 4 a (new)
4a. The performance review report shall contain a separate section about the implementation of the processes introduced by ENIM. It shall also contain an analysis of the progress in implementation in various EU member states, including reports about national exemptions and recommendations for further harmonisation.
Amendment 524 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. In accordance with the procedure referred to in Article 732(3), the Commission mayshall set up or designate an impartial and competent body to act as a Performance Review Body. It shall be composed in equal parts of experienced experts from applicants, infrastructure managers and regulators.
Amendment 527 #
Proposal for a regulation
Article 52 – paragraph 3 – point a
Article 52 – paragraph 3 – point a
(a) providing recommendations to ENIM and ERICA as regards the establishment and review of the European framework for performance review referred to in Article 50, including on performance areas, performance issues to be addressed under each of the performance areas, harmonisation of methodologies, processes, criteria and definitions for the collection and analysis of data related to performance and performance indicators;
Amendment 528 #
Proposal for a regulation
Article 52 – paragraph 3 – point b
Article 52 – paragraph 3 – point b
(b) providing recommendations to ENIM, ERICA, the ENRRB, infrastructure managers, applicants, regulatory bodies, Member State authorities, and, where relevant, other stakeholders for corrective measures, on capacity management, traffic management, disruption management and crisis management;
Amendment 531 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. ENIM, the Network Coordinator, infrastructure managers, regulatory bodies, the ENRRB, ERICA and, where relevant, other stakeholders shall cooperate with the performance review body, in particular by providing information related to performance on their own initiative or upon the body’s request and make the utmost effort to take into account its recommendations in their work on rail performance management.
Amendment 532 #
Proposal for a regulation
Article 53 – paragraph 2 – subparagraph 2 – point e
Article 53 – paragraph 2 – subparagraph 2 – point e
(e) appoint a leading entity, whenever coordination activities involve multiple actors, which shall report to ENIM and ERICA and shall be responsible for organising consultation activities in accordance with Article 54;
Amendment 533 #
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1
Article 53 – paragraph 3 – subparagraph 1
Coordination shall cover allparticularly be reinforced for those TEN-T lines and nodes which are part of the European Transport Corridors set out in Article 7 of and Annex III to [new TEN-T Regulation].
Amendment 537 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. ERICA with the support of ENIM shall prepare, adopt and implement guidelines to ensure appropriate and regular consultation of interested parties, including representatives from ERA, Member States as well as the representative bodies as listed by the Commission within the requirements of Article 38, paragraph 4 in regulation (EU) 2016/796 and include them in the European framework for capacity management referred to in Article 6, the European framework for the cross-border coordination of traffic management, disruption management and crisis management referred to in Article 44 and the European framework for performance review referred to in Article 50. The process shall be developed and implemented with the support of the Network Coordinator and with the involvement of the designated focal points of infrastructure managers referred to in Article 60.
Amendment 540 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Where ENIMRICA adopts an opinion or a recommendation likely to have an impact on railway undertakings, other applicants, advisory groups as established in Article 55 a new, other operational stakeholders and interested parties, including representatives from the EU Agency for Railways, Member States as well as the representative bodies as defined by Article 38, paragraph 4 in regulation (EU) 2016/796, it shall publish a draft for the consultation of concerned parties. The concerned parties shall be given an appropriate amount of time to provide feedback on the draft decision. Member State authorities shall be involved when required.
Amendment 542 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. ENIMRICA shall take account of the feedback provided by concerned parties in accordance with paragraph 2 when adopting the final opinion or recommendation. Where ENIMRICA fails to take into account significant elements of the feedback provided, it shall provide thejustified reasons for doing so.
Amendment 544 #
Proposal for a regulation
Article 54 – paragraph 3 a (new)
Article 54 – paragraph 3 a (new)
3a. In the case of diverging views between ENIM and the consultative bodies, the latter shall inform the ENRRB. The ENRRB shall take account of such divergent views in its European performance review report as referred to in Article 51.
Amendment 546 #
Proposal for a regulation
Article 55 – paragraph 5
Article 55 – paragraph 5
5. ENIM shall take its decisions by a simple majority, unless otherwise provided for in the rules of procedure. All members from one Member State shall together have one vote. In the absence of a member, the alternate shall be entitled to exercise the right to vote.
Amendment 549 #
Proposal for a regulation
Article 55 – paragraph 7
Article 55 – paragraph 7
7. The Commission and ERICA shall be a non- voting member of ENIM. It shall support the work of ENIM and facilitate coordination.
Amendment 554 #
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Article 55a Consultative body to ENIM 1. ENIM shall establish a European Operational Stakeholder Platform (EOSP) made of representatives of operational stakeholders, as defined in Article 4 [definition from Directive 2012/34 (includes also ports and terminals)] as well as maritime and inland port authorities, freight terminals and operators of rail service facilities. The Commission and ERICA shall also be appointed as observers within EOSP. 2. Following the consultation of and the approval by the Commission, ENIM shall adopt and publish the rules of procedure of EOSP outlining interalia the frequency of meetings, the forms of consultation and the selection process of representatives of operational stakeholders. These shall be selected ensuring a balanced representation of stakeholders between stakeholder types and geography of the Union. ENIM may organise the activities of EOSP in subgroups grouping stakeholder types and regional clusters of Member States. 3. ENIM shall consult EOSP in the development of the European Frameworks for Capacity Management, Traffic Management and Performance Management. EOSP may issue an opinion on any proposal by ENIM and ERICA which has consequences for stakeholders. EOSP may also issue own initiative opinions addressed to ENIM, ERICA or to the Commission. 4. ENIM, following approval of EOSP representatives, shall address to ERICA and to the Commission an annual report of EOSP activities. This report shall be published.
Amendment 555 #
Proposal for a regulation
Article 56 – paragraph 1 – introductory part
Article 56 – paragraph 1 – introductory part
1. In addition to the tasks laid down in Article 7f of Directive 2012/34/EU, ENIM shall be responsible for all tasks assigned to it in this Regulation. It shall, where applicable under the lead of ERICA, in particular:
Amendment 557 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. ENIM shall invite the Commission, including the European Coordinators, ERICA and, where relevant, representatives of the Member States, representatives from the EU Agency for Railways, ERA as well as the representative bodies as defined by Article 38, paragraph 4 in regulation (EU) 2016/796 to its meetings with a view to discuss issues related to the development of rail infrastructure and to ensure cooperation with the European Coordinators, as outlined in [new TEN-T Regulation]. ENIM shall provide the information required under [Article 53, third subparagraph of the new TEN-T Regulation].
Amendment 560 #
Proposal for a regulation
Article 57 a (new)
Article 57 a (new)
Article 57a European Rail Infrastructure Coordinator for the Allocation of capacity (ERICA) 1. ERICA will fulfil the following tasks: (a) contribute to the preparation of the European framework for capacity management referred to in Article 6 with the support of the Network coordinator referred to in Article 58 and 59, the European framework for the prioritisation criteria referred to in Article 31 3 a new, coordination of cross-border traffic management, disruption management and crisis management referred to in Article 44 and the European framework for performance review referred to in Article 50; (b) contribute to the operational coordination between infrastructure managers with the support of the Network coordinator referred to in Article 58 and 59, in accordance with Article 53; (c) provide support to the regulatory bodies in identifying rules, procedures and tools within the scope of this Regulation and adopted at national or infrastructure manager level which create obstacles for multi-network rail services, as set out in this Regulation, with the support of the Network coordinator referred to in Article 58 and 59 and including for framework agreements as referred to in Article 31; (d) act as an additional point of contact for stakeholders outside the rail sector interested in using rail services, providing contacts to relevant actors at infrastructure managers and other operational stakeholders; (e) act as a contact point on behalf of ENIM for applicants and other operational stakeholders on issues not explicitly covered by this Regulation, in particular the launch or change of cross- border rail transport services or organising support for ad hoc activities, in particular to address the crisis situations referred to in Article 47; (f) be closely involved in the development and implementation of digital tools and services as foreseen in Article 62 and closely cooperate with the European system authority for telematics applications (EU Agency for Railways); (g) provide recommendations on infrastructure enhancement needs on a multi-network level also on the basis of the European Performance review report as per Art. 51, as a basis for future infrastructure development and funding within TEN-T. 2. ERICA shall be established as a structure within the European Union Agency for Railways. The Management Board of the European Union Agency for Railways shall lay down special rules applicable to ERICA in order to guarantee that ERICA and its staff are independent in the performance of their duties. The budgeting of the ERICA structure shall be defined in an Implementing Act by the Commission and may include fees applicable to infrastructure managers and operational stakeholders within the scope of Article 64 and Article 80 of Regulation (EU) 2016/796. 3. ERICA shall be supported by ENIM and by the Network Coordinator in its work by as referred to in Article 58 and 59.
Amendment 564 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1
Article 58 – paragraph 1 – subparagraph 1
The infrastructure managers shall provide ENIM with the necessary resources to perform its tasks. For this purpose, they shall appoint by [12 months after the entry into force of this Regulation] an impartial and competent entity to fulfil the functions referred to in Article 59. Such entity will be designated as a Network Coordinator.
Amendment 566 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 1 a (new)
Article 58 – paragraph 1 – subparagraph 1 a (new)
The Commission shall appoint by [12 months after the entry into force of this Regulation] an impartial and competent entity to fulfil the functions referred to in Article 59. Such entity will be designated as the Network Coordinator appointed by the European Commission.
Amendment 567 #
Proposal for a regulation
Article 58 – paragraph 1 – subparagraph 2 – introductory part
Article 58 – paragraph 1 – subparagraph 2 – introductory part
Prior to the appointment of the Network Coordinator, infrastructure managers shall seek the consent of the Commission regarding the designated entity and the following aspectsthe Commission shall consult the Member States and ENIM on:
Amendment 568 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. The Network Coordinator shall execute its tasks in an impartial and cost- effective manner and shall act on behalf of ENIM and the Commission. For this purpose, it shall submit to ENIM and the Commission its annual work programme with respect to the tasks set out in this Regulation as well as an annual report on the implementation of the work programme.
Amendment 571 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. ERICA with the support of ENIM, shall prepare and adopt a common structure for the network statement referred to in Article 27 of Directive 2012/34/EU, which shall take into consideration the information listed in Annex IV to that Directive, Annex IV to this Regulation, and a common schedule for the consultation of interested parties on the draft network statement. Infrastructure managers shall take the utmost account of this structure and schedule when preparing the network statement.
Amendment 572 #
Proposal for a regulation
Article 61 – paragraph 3
Article 61 – paragraph 3
3. Where the infrastructure manager does not comply with paragraph 1 or 2, it shall provide a justification in the network statement and inform the competent regulatory body and ENIMRICA.
Amendment 576 #
Proposal for a regulation
Article 62 – paragraph 2 – point c a (new)
Article 62 – paragraph 2 – point c a (new)
(ca) where applicable be synchronised with existing register for infrastructure (referred to in Article 49 of the Directive EU 2016/797).
Amendment 585 #
Proposal for a regulation
Article 63 – paragraph 1
Article 63 – paragraph 1
1. The functions and the powers laid down in Article 56 of Directive 2012/34/EU shall also be exercised with respect to the matters covered by this Regulation. In particular, the regulatory body shall monitor the activities of infrastructure managers and the European network coordinator, as set out in Chapters II to V and shall verify compliance with this Regulation on its own initiative and with a view to preventing discrimination against applicants.
Amendment 591 #
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
3. Based on requests by applicants, infrastructure managers, and other interested parties, the ENRRB shall provide opinions or recommendations on pending or adopted decisions on complaints submitted to the rail regulatory bodies. This shall include the tasks and responsibilities given to the network coordinator within the scope of this regulation.
Amendment 592 #
Proposal for a regulation
Article 65 – paragraph 4 – subparagraph 1
Article 65 – paragraph 4 – subparagraph 1
Interested parties, railway undertakings and applicants may lodge a complaint with the ENRRB on matters within the scope of this Regulation or affecting the access to or the use of rail infrastructure in more than one Member State. Where the ENRRB receives such a complaint, it shall transfer it to the competent regulatory body or bodies without delay.
Amendment 594 #
Proposal for a regulation
Article 65 – paragraph 6 a (new)
Article 65 – paragraph 6 a (new)
6a. ENRRB shall assess the European Frameworks for capacity managements, traffic management and performance review as well as the network statement common structure and issue an opinion. Regulatory bodies shall take utmost account of the opinion of ENRRB in checking network statements.
Amendment 595 #
Proposal for a regulation
Article 66 – paragraph 2 a (new)
Article 66 – paragraph 2 a (new)
ENRRB shall ensure that its methods of operation and all relevant information about its work are made publicly available on a common website. It shall include contact details for complaints, contact information for dedicated working groups, and information about procedures.
Amendment 596 #
Proposal for a regulation
Article 66 – paragraph 2 b (new)
Article 66 – paragraph 2 b (new)
ENRRB shall publish its opinions and recommendations on a common website.
Amendment 597 #
Proposal for a regulation
Article 68 – paragraph 2 – point a a (new)
Article 68 – paragraph 2 – point a a (new)
(aa) adopt opinions and recommendations on decisions taken by ENIM and ERICA working in cooperation with the network coordinator within the scope of this regulation
Amendment 598 #
Proposal for a regulation
Article 68 – paragraph 2 – point a b (new)
Article 68 – paragraph 2 – point a b (new)
(ab) following complaints from railway undertakings, operators of service facilities and other interested parties, adopt recommendations and opinions of the ENRRB in relation to the consultations referred to in Article 55 a new, was well as to the decisions taken by ENIM as well as by ERICA working in cooperation with the network coordinator.
Amendment 602 #
Proposal for a regulation
Article 69 – paragraph 4
Article 69 – paragraph 4
4. The Board shall take decisions by a simple majority of its members, unless otherwise provided for in the rules of procedure.
Amendment 607 #
Proposal for a regulation
Article 74 – paragraph 1 – point c a (new)
Article 74 – paragraph 1 – point c a (new)
(ca) Articles 11, 11a (2), 38 (4) and in Article 11a (1) the words “without prejudice to Article 11 (5)”, in Article 12 (1) the words “without prejudice to Article 11 (2)” , and in Article 62 (3) the words “Article 11(4)” are deleted;
Amendment 608 #
Proposal for a regulation
Article 74 a (new)
Article 74 a (new)
Article 74a Amendments to Directive (EU) 2016/797 1. Directive (EU) 2016/797 is amended as follows: (a) In Annex II, point 2 the following point is added: 2.9 Use of railway infrastructure capacity: the structures, bodies and procedures referred to in Regulation (XXX this new Reg.)
Amendment 614 #
Proposal for a regulation
Article 77 – paragraph 2 – subparagraph 1 – point d a (new)
Article 77 – paragraph 2 – subparagraph 1 – point d a (new)
(da) Article 57a shall apply from 1 January 2029;
Amendment 618 #
Proposal for a regulation
Annex I – point 2 – point 1 – paragraph 3 – table
Annex I – point 2 – point 1 – paragraph 3 – table
Deliverable Milestone Deadline (at latest) Capacity strategy Publication of the first elements of the Capacity strategy elaboration phase including X–60 (Article 16) capaconsultation wityh strategyakeholders First consultation of stakeholders X–58 Publication of the draft strategy and second X–348 consultation of stakeholders Publication of final capacity strategy following X–36 final coordination between infrastructure managers Publication of capacity model X-18 Publication of final capacity supply plan X-11 follwoing IM and EOSP consultation Capacity model Start of preparation X–36 (Article 17) Consultation of applicants and operational X–24 stakeholders Publication of draft capacity model X–21 Coordination with applicants and operational X–19 stakeholders Publication of final capacity model following X–18 final coordination between infrastructure managers Capacity supply plan Start of preparation X–18 (Article 18) Consultation of applicants and operational X–14 stakeholders Publication of capacity restrictions referred to X–12 in point (1) of section (3) of this Annex Publication of final capacity supply plan X–11 following final coordination between infrastructure managers Publication of capacity restrictions referred to X–4 in point (5) of section (3) of this Annex Re-purposing of capacity reserved for X–2 allocation through the working timetable for other allocation processes Update of capacity supply plan to reflect any Until X+12 without changes to pre-planned or allocated capacity delay Note: (1) ‘X–m’ means ‘m’ months before the date of entry into force of the working timetable (‘X’), in accordance with section 4.
Amendment 620 #
Proposal for a regulation
Annex I – point 3 – point 1
Annex I – point 3 – point 1
1. As regards temporary restrictions of the capacity of railway lines, for reasons such as infrastructure works, including associated speed restrictions, axle load, train length, traction, or structure gauge (‘capacity restrictions’), of a duration of more than 7 consecutive days and for which more than 30 % of the estimated traffic volume on a railway line per day is cancelled, re-routed or replaced by other modes of transport, the infrastructure managers concerned shall publish all capacity restrictions, as far as they are known, and the preliminary results of a consultation with the applicants for a first time at least 24 months and, in an updated form, for a second time at least 12 months before the change of the working timetable concerned. These infrastructure restrictions shall be included in the capacity supply plan referred to in Article 18.
Amendment 621 #
Proposal for a regulation
Annex I – point 3 – point 7
Annex I – point 3 – point 7
7. Without prejudice to Article 40, the infrastructure manager may decide not to apply the periods laid down in points (1) to (5), if the capacity restriction is necessary to re-establish safe train operations, the timing of the restrictions is beyond the control of the infrastructure manager, the application of those periods would be cost ineffective or unnecessarily damaging in respect of asset life or condition, or if all concerned applicants agree. In those cases and in case of any other capacity restrictions that are not subject to consultation in accordance with other provisions of this Annex, the infrastructure manager shall consult the applicants and the main operators of service facilities concerned forthwith.
Amendment 623 #
Proposal for a regulation
Annex I – point 4 – point 1 – table
Annex I – point 4 – point 1 – table
Milestone or time period Deadline or duration(1) Period of validity of the working timetable One year (‘working timetable period’) Entry into force of the working timetable Midnight on the second Saturday in December Publication of capacity supply plan In accordance with section 2 of this Annex Publication of capacity restrictions In accordance with sections 2 and 3 of resulting from infrastructure works this Annex Deadline for applicants to submit requests X–8.5 for capacity rights Preparation of draft working timetable X–6.5 Deadline for infrastructure manager(s) to submit draft capacity offer to applicants Finalisation of coordination with X–6 applicants, ensuring that all prerequisists are met before this 2 week finalisation of ‘observation phase’ Deadline for infrastructure manager(s) to X–5.5 submit final capacity offer to applicants Publication of final working timetable X–5.25 Deadline for infrastructure manager to allocate capacity rights to applicants Conversion of capacity specifications in To be specified in the European train paths framework for capacity management referred to in Article 6 Note: (1) ‘X–m’ means ‘m’ months before the date of entry into force of the working timetable (‘X’)
Amendment 624 #
Proposal for a regulation
Annex I – point 7 – paragraph 1 – table
Annex I – point 7 – paragraph 1 – table
Time period Duration Maximum period for infrastructure 1 day24 hours managers to prepare an offer of capacity rights concerning a single network if the ad hoc request is placed after the publication date of the final working timetable Maximum period for infrastructure 5 days managers to prepare an offer of multi- network capacity rights
Amendment 627 #
Proposal for a regulation
Annex II – point 1 – point 1 – introductory part
Annex II – point 1 – point 1 – introductory part
Utilisation Classification Capacity utilisation Reference period Heterogenous Highly utilised > 65% of theoretical More than 4 hours for more than traffic capacity [value to be 200 days per year determined by ENIM] Heterogenous Congested > 95% of theoretical More than 4 hours for more than traffic capacity [value to be 250 days per year determined by ENIM] Homogeneous Highly utilised > 80% of theoretical More than 4 hours for more than traffic capacity [value to be 200 days per year determined by ENIM] Homogenous Congested > 95% of theoretical More than 4 hours for more than traffic capacity [value to be 250 days per year determined by ENIM]
Amendment 628 #
Proposal for a regulation
Annex IV – paragraph 1 – point 2 – point a
Annex IV – paragraph 1 – point 2 – point a
(a) the procedures according to which applicants are consulted (see Article 55 a new on EOSP) on strategic capacity planning;
Amendment 629 #
Proposal for a regulation
Annex VII – table 1
Annex VII – table 1
Performance areas subject to performance Performance areas subject to performance review review referred to in Article 50 referred to in Article 50 Performance area Relevant issues (indicative) Infrastructure and equipment – Capacity and capabilities of the physical infrastructure and its equipment, including deployment of TEN-T standards – Reductions in infrastructure capacity or capability due to deferred infrastructure renewal, maintenance or repair Infrastructure capacity – Capacity offer in terms of quantity and quality, including consistency across network borders – Capacity utilisation, spare capacity to accommodate traffic growth – Consistency between available capacity (planned or unplanned) and market needs – Stability of the capacity offer, in particular in connection with infrastructure works – Congested infrastructure – Planned dwelling times of trains at border stations Traffic management – Punctuality / delays of different types of rail services, at origin, intermediate stops and destination and at operationally important locations – Train cancellations – Actual dwelling times of trains at border stations Disruption management and crisis – Share of traffic that could be re- management routed or re-scheduled during the disruption or crisis – Impact of disruptions on rail traffic in terms of delays and cancellations – Impact of disruptions on operators of rail services and their customers – Specific issues encountered (qualitative) Deployment and performance of digital – Support of the processes related to services, tools and interfaces capacity management, traffic management and disruption management – Completeness and quality of of the information and data provided as well as ease of access for operational stakeholders – Alignment with European architecture developed in ERJU and with the relevant technical specifications in accordance with Directive (EU) 2016/797 Compliance with regulation; regulatory – Process indicators monitoring oversight compliance with rules and procedures – Complaints lodged with regulatory bodies and ENRRB