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DRAFT REPORT (COM(2023)443 – C90304/2023 – 2023/0271(COD))

On the proposal for a regulation of the European Parliament and of the Council Regulation on the use of railways infrastructure capacity in the single European railways area, amending Directive 2012/34/EU and repealing Regulation (EU) No 913/2010

TRAN-PR-752954

Committee on Transport and Tourism · Rapporteur: Tilly Metz

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The draft report proposes amendments to the Commission's regulation on railway infrastructure capacity, aiming to increase rail use, improve cross-border coordination, and ensure fair capacity allocation. It introduces definitions, strengthens stakeholder consultation, transfers performance review to ENRRB, and creates ERICA for international capacity allocation. It calls for stable multiannual funding for infrastructure and earlier application of certain provisions.

Committee position. The rapporteur proposes amendments to the Commission proposal to strengthen stakeholder involvement, improve cross-border coordination, and ensure more ambitious implementation timelines.

Key points

  1. The report aims to increase rail transport share in line with EU climate targets and improve capacity use.
  2. It adds definitions for rail infrastructure capacity, rolling planning, compensation, and systematic train paths.
  3. Infrastructure managers must consult applicants throughout capacity management and justify deviations.
  4. Member States shall compensate infrastructure managers for revenue losses due to strategic guidance.
  5. The Commission shall adopt delegated acts for socio-economic criteria and capacity management procedures.
  6. Infrastructure managers must receive stable multiannual funding for at least five years.
  7. Strategic capacity planning must include night passenger services and consider socio-economic criteria.
  8. Regulatory bodies can require amendments to capacity strategy, model, and supply plan.
  9. Compensation for capacity changes is due except in cases of unforeseeable events outside infrastructure managers' control.
  10. Performance review is transferred from ENIM to ENRRB, which will prepare the European performance review report.
  11. A new European Rail International Capacity Allocation body (ERICA) is established to support cross-border coordination.
  12. Certain provisions apply earlier than proposed, from 2027 and 2028.

Who is affected

  • Infrastructure managers: must consult stakeholders, receive stable funding, and face regulatory oversight.
  • Applicants and railway undertakings: benefit from better consultation and alternative capacity offers.
  • Member States: must provide stable funding and may extend strategic planning to other lines.
  • Regulatory bodies: gain powers to amend planning documents and monitor performance.
  • New bodies EOSP and ERICA are established to involve stakeholders and coordinate cross-border capacity.

Figures and deadlines

  • Capacity increase of maximal 4% from the proposal.
  • Funding for infrastructure managers for at least 5 years.
  • Deadline of 10 working days for dispute resolution decisions.
  • Application from 1 December 2027 for compensation provisions.
  • Application from 1 December 2028 for capacity restriction scheduling.

Legal basis: Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union