This Regulation lays down the procedure and criteria for concluding framework agreements. provisions for requesting changes to framework capacity in the event of permanent infrastructure changes necessary to ensure better use of railway infrastructure; It is important to maximise the flexibility available to the infrastructure manager in terms of the allocation of infrastructure capacity, but this should be compatible with compliance with the applicant`s reasonable requirements. Infrastructure managers should take into account transparent criteria before concluding new framework agreements. 4. The Framework Agreement shall not contain any provision derogating from a penalty where the applicant requests capacity other than the cancelled capacity. Sanctions are not requested if a change results in only a minor change in the agreed capacity. 5. Notwithstanding a decision to conclude framework agreements, the infrastructure manager may decide, on a non-discriminatory basis and, where appropriate, with the prior agreement of the regulatory body, not to propose framework agreements for all routes declared congested in accordance with Article 47(1) of Directive 2012/34/EU. The infrastructure manager shall indicate in the capacity statement the routes on which it does not propose framework agreements before inviting applicants to submit applications for framework agreements for other routes in accordance with paragraph 1. Where appropriate, the approval of the inspection body shall be valid for a maximum period of two years and may not be renewed automatically.
Member States may decide not to apply Articles 1 to 11 before 15 September. March 2003. `time limit` means the period laid down in a framework agreement during which one or more train paths are to be allocated in accordance with the timetable procedure; the framework agreement performs lower when assessed against the priority criteria applied under the roadmap procedure in accordance with the capacity allocation rules referred to in Article 39 of Directive 2012/34/EU, including those established in accordance with Articles 47 and 49 of Directive 2012/34/EU; 2. Where the applicant does not request train paths during the annual timetable on the basis of the framework agreement referred to in Article 44(3) of Directive 2012/34/EU, the infrastructure manager shall reduce the framework capacity for the current annual time period accordingly. Unless the applicant immediately justifies the absence of a request for train paths and the reasons invoked are beyond his control. Where a framework agreement is requested or in operation for a rail service crossing more than one network, the infrastructure managers concerned shall, at the request of the applicant, designate one of the infrastructure managers concerned to coordinate applications for framework agreements or requests for amendments to framework agreements. 5. Where the second coordination cycle has proved unsuccessful and a requested framework agreement does not provide for a better use of the infrastructure than one or more existing conflicting framework agreements, the infrastructure manager shall reject the application. Potential applicants need transparency regarding the allocated framework capacity and the remaining indicative capacity on a route. In order to avoid the administrative burden associated with framework agreements, potential applicants should have a first idea of the likelihood that their applications will be approved.
Therefore, infrastructure managers should publish the framework`s capacity declarations in their network use declarations. The framework declaration of capacity should indicate, where appropriate, whether the framework agreements apply to the carriage of goods or passengers or to both. `framework capacity` means the infrastructure capacity allocated under a framework agreement; In the case of a delay of more than two hours, the infrastructure manager shall allocate the capacity of the framework as close as possible to a two-hour control period. a change would not jeopardise the viability of the economic model of the applicant with the framework capacity or the business model of a public service contract; where one or more framework agreements have been concluded for such a rail service, the time limits requested shall be compatible with the deadlines agreed under the framework agreement or requested under the framework agreement and the available capacity expected in each framework agreement shall coincide; 4. When offering a new framework capacity to an applicant, the infrastructure manager shall take into account any non-utilisation of the framework capacity or the demand for train paths on the basis of a framework agreement and the reasons therefor. Provisions allowing for the abandonment or relocation of framework capacity on a voluntary basis. RNE RailNetEurope Model Framework Agreement (RNE) – Model contract between several GIs and a railway operator on access to and use of the rail network managed and operated by RNE members. The model agreement is designed for a situation in which a requested train route crosses at least one national border between RNE members and there are departure and terminal stations in different countries (international train paths). The railway operator intends to secure the capacity of the infrastructure on the rail network for a period exceeding an hourly period. The framework agreement serves as the basis for separate track access agreements between the parties, to be concluded annually.
In the case of framework agreements concluded before 28. In April 2016, Member States may decide not to apply Article 6(2), Articles 7, 8, 9, 10, 11 or 13 for a maximum period of five years from the date of entry into force of this Regulation. 2. The Framework Agreement shall not impose penalties in excess of the costs, direct losses and expenses (including loss of revenue) reasonably incurred by the indemnified party as a result of the modification or termination of the agreement or which can reasonably be expected to be incurred by the indemnified party. The Indemnified Party will take reasonable steps to prevent or reduce the modification of the Agreement or to prevent its termination or reduce its impact and to cover all costs, losses and expenses or otherwise mitigate costs, direct losses and expenses (including loss of revenue). In addition, Member States should be able not to apply certain provisions of this Regulation for a limited period to framework agreements established from 15 March 2003, i.e. .dem transposing Directive 2001/14/EC of the European Parliament and of the Council (3), or in the case of Member States which acceded to the European Union after that date: — the date of their accession to the European Union. However, since Article 17(3) of Directive 2001/14/EC provides that it should be possible to amend framework agreements or to limit their conditions in order to allow for better use of railway infrastructure, those provisions of this Regulation should apply to amendments to those framework agreements where those amendments are substantial and have been agreed after the date of entry into force of this Regulation. 1. The infrastructure manager shall draw up a framework certificate of capacity indicating, for each section of the line by control period and, where applicable, by type of service, the following information: the indicative capacity still available for the conclusion of infrastructure framework agreements for which framework agreements have already been concluded; the remaining duration of the framework agreement or business plan is short and the investment has been cancelled in whole or in part.
Framework agreements should allow for successful coordination of conflicting requests and should therefore meet certain criteria concerning the allocation of available capacity to other applicants, the modification and transfer of framework capacity. .
