Proposal for a Regulation of the European Parliament and of the Council establishing measures for a sustainable rail market in view of the COVID-19 pandemic
Date: 2020-06-19
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: EU Member State, charges for use of infrastructure, common transport policy, epidemic, financial aid, infectious disease, provision of services, rail transport, transport infrastructure, transport market

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   EUROPEAN COMMISSION  Brussels, 19.6.2020  COM(2020) 260 final 2020/0127 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing measures for a sustainable rail market in view of the COVID-19 pandemic (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  COVID-19  pandemic  has  led  to  a  major  economic  shock  that  is  having  a  significant 
negative  impact  in  the  European  Union  and  across  the  globe.  The  severity  of  the 
consequences will depend on both the duration and the geographical spread of the pandemic. 
More  specifically,  it  is  having  an  unprecedented  impact  on  transport  in  general  and  the 
railway  sector  in  particular.  The  pandemic  may  lead  to  a  large  number  of  insolvencies  and 
liquidity shortages within the railway sector. It affects all the supply chain and has effects on 
railway  undertakings,  shippers  and  logistic  enterprises.  Infrastructure  managers  and  service 
facility  operators  will  also  suffer  from  its  financial  consequences.  If  left  unaddressed,  the 
pandemic will cause  a severe impact  on international traffic, freight  volumes and passenger 
numbers, digitalisation progress, market opening and market structures, the effects of which 
will be felt for an extended period. 

The  railway  sector  is  of  strategic  importance  to  the  European  Union.  It  makes  a  vital 
contribution  to  the  EU's  overall  economy  and  employment,  by  directly  employing  over 
1 million  people,  around  600  000  of  them  by  railway  undertakings  and  440  000  by 
infrastructure managers (by the end of 2016). 

Rail transport is critical to the EU strategy for a more sustainable transport sector, economic 
and social cohesion and connecting Europeans within and between Member States. Rail is an 
important  contributor  to  EU  transport  mix,  providing  clean  mobility  and  a  high  level  of 
efficiency.  Therefore,  rail  transport  is  crucial  for  achieving  the  objectives  of  the  green  deal 
due to its value as the most sustainable and environmentally friendly transport mode 

European  rail  transports  around  1.6  billion  tonnes  of  freight  and  9  billion  passengers  each 
year.  By  2016,  EU  passenger  traffic  volumes  had  reached  450  billion  passenger  kilometres 
out of around 6 trillion passenger kilometres of land transport overall. Rail passenger traffic is 
mostly domestic, with only 6 % crossing borders in 2016. 

In 2016, EU freight traffic volumes reached 419 billion tonne kilometres out of 2.5 trillion of 
land transport overall. Around half of total rail freight is cross-border. This lends rail freight a 
strong European dimension, and makes it even more sensitive to a lack of interoperability and 
cooperation between national rail networks that can affect its competitiveness. 

Following  the  outbreak  of  the  disease,  rail  passenger  and  freight  transport  have  declined 
significantly  due  to  restrictions  and  lower  demand.  Temporary  restrictions  on  travel 
connections  between  EU  Member  States  have  left  a  significant  mark:  most  international 
passenger  trains  are  no  longer  served,  domestic  rail  transport  has  declined  by  up  to  90% 
compared to last year’s figures. Many recent new entrants had to cease their operations, and 
all rail operators suffer large decreases in their transport services. 

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Rail  freight  operators  supply  cross  border  and  domestic  services  but  report  declines  in 
transport  volumes.  One  of  the  main  reasons  was  that  demand  from  certain  industries  had 
ceased  because  production  came  to  a  standstill  as  most  of  Member  States  had  put  in  place 
lockdown  measures  causing  the  collapse  in  the  demand.  Now,  in  the  months  following  the 
lockdowns, demand is picking up slowly, but there is no full visibility about the development 
of demand for rail transport yet. 

Passenger  demand  for  the  whole  of  year  2020  is  projected  to  be  considerably  below  2019 
levels,  and  also  freight  demand  will  still  fall  short  of  last  year’s  levels  to  a  considerable 
extent. 

In order to mitigate the impact of the pandemic, an ambitious policy response stretching over 
many  fields  is  being  put  in  place.  In  this  context,  the  current  Regulation  intends  to 
complement the existing rail-related framework in order to allow national authorities and rail 
stakeholders to deal more easily with a number of negative consequences of the COVID-19 
pandemic,  and  to  respond  to  the  urgent  needs  of  the  railway  sector  as  long  as  those 
consequences  persist.  Such  measures  concern  notably  the  waiver,  reduction  or  deferral  of 
track  access  charges  for  the  use  of  rail  infrastructure,  as  well  as  the  waiver  of  reservation 
charges.  They  cover  a  reference  period  from  1  March  2020  until  31  December  2020,  in 
respect  of  which  charges  may  be  altered,  by  derogation  from  Article  27  of  Directive 
2012/34/EU  whereby  the  network  statement  (displaying  all  applicable  charges)  shall  be 
published no less than for months in advance for the deadline for requests for infrastructure 
capacity. 

More specifically, the following can be retained: 

(1) 

(2) 

(3) 

Track access charges – the amount corresponding to direct cost: Article 31(3) of the 
Directive requires that charges for the minimum access package being set at the level 
of the cost directly incurred as a result of operating the train service. The provision 
would  in  principle  stand  in  the  way  of  the  charges  being  set  at  a  lower  level.  It  is 
proposed  to  derogate  from  it,  in  order  to  allow  Member  States  and  infrastructure 
managers  to  have  the  widest  range  of  possibilities  at  their  disposal  during  the 
reference period. 

Mark-ups: Article 32 allows Member States to provide for the levying of mark-ups 
set in relation to the ability to pay of the respective rail market segments. As such, 
this principle implies that mark-ups may be subject to fluctuations and are liable to 
decrease in case the ability to pay of the market segment considered decreases. Such 
decrease may in particular occur as a consequence of the current crisis. However, as 
Directive 2012/34/EU currently stands, amendments to mark-ups are in principle not 
possible in the course of a given working timetable period. By derogation from this 
rule,  it  is  proposed  to  enable  Member  States  to  allow  downwards  adjustments  in 
respect of the reference period.  

Reservation  charges:  Article  36  of  Directive  2012/34/EU  provides  for  a  regime  of 
reservation  charges.  The  objective  of  such  charges  is  to  discourage  railway 
undertakings from cancelling train paths at short notice and therefore to promote the 
best and full use of existing capacity. Usually the level of this charge increases the 
closer the cancellation is to the time of operation.  

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Under Article 36 of Directive 2012/36/EU, it is in principle up to each infrastructure 
manager  to  decide  whether  it  wishes  to  levy  reservation  charges.  However,  the 
second sentence of Article 36 renders the levying of those charges mandatory in case 
of “regular failure” by a railway undertaking “to use allocated paths or part of them”.  

The  pandemic  has  provoked  severe  disruptions  to  rail  traffic  that  have  led  to 
widespread train path cancellations. The underlying events were and are beyond the 
control  of  railway  undertakings.  Moreover,  they  have  given  rise  to  (temporary) 
overcapacity. It can thus be assumed that the incentive effect intended by reservation 
charges  in  accordance  with  Article  36  of  the  Directive  2012/34/EU  is  not  relevant 
insofar as the reference period is concerned. 

It is therefore appropriate to enable Member States to lift the obligation established 
by  the  second  sentence  of  Article  36  of  the  Directive  in  respect  of  cancellations 
during that period 

(4) 

Refund by Member States: In respect of each of the items referred to above (charges 
based on direct cost, mark-ups and reservation charges) any decreases of charges as 
authorised  by  Member  States  in  accordance  with  the  Regulation  proposed  would 
income losses on the part of the infrastructure manager.  

Those income losses would in principle be compensated in accordance with Article 
8(4)  of  Directive  2012/34/EU.  Under  that  provision,  Member  States  are  under  the 
obligation  to  ensure  that  the  accounts  of  infrastructure  managers  facing  losses  due, 
inter  alia,  to  unexpected  lower  demand,  remain  balanced  over  a  period  of  5  years 
under normal business conditions. 

The income losses for infrastructure managers, entailed by decreases as contemplated 
in  the  proposed  Regulation,  would  by  definition  not  occur  under  Directive 
2012/34/EU  as  it  currently  stands.  It  is  therefore  proposed  to  that  infrastructure 
managers be refunded within a period shorter than the one established in Article 8(4) 
of that Directive, i.e. by 31 December of the year following the year in which the loss 
was incurred. 

(5) 

Adjustments  of  the  network  statement:  the  network  statement  sets  out  in  detail  the 
general rules, deadlines, procedures and criteria for charging and capacity-allocation 
schemes, including information for applications for infrastructure capacity.  

It is proposed to stipulate that the network statements should be kept up to date and 
amended without delay.  

• 

Consistency with existing policy provisions in the policy area 

Directive 2012/34/EU does not address extraordinary circumstances, such as those created in 
the  railway  sector  by  the  COVID-19  outbreak.  Targeted  derogations  should  therefore  be 
authorised  to  mitigate  the  effects  of  the  pandemic  on  railway  transport,  and  to  maintain  the 
integrity  of  the  Single  European  Railway  area.  Moreover,  the  competitive  market  structure 
involving historical operators and newcomers requires relief measures that continue to ensure 
a level playing field. 

• 

Consistency with other Union policies 

The  effective  functioning  of  the  Single  European  Rail  Area  depends  on  the  economic 
performance  of  the  market  players  and  on  safeguarding  the  achievements  already  made 

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regarding  management  independence  of  infrastructure  managers  and  railway  undertakings, 
transparency  of  provisions  for  charging  and  network  access,  non-discrimination  and  equal 
treatment in paths allocation and charging schemes as well as market opening. The negative 
economic  consequences  of  the  COVID-19  outbreak  for  rail  market  stakeholders  could 
endanger their financial viability and possibly have serious negative effects on the functioning 
of the transport system, which would negatively impact the economy as a whole. According 
to  a  survey  conducted  in  May  and  June  2020  with  railway  undertakings  via  the  Railway 
Undertakings Dialogue platform no dedicated aid has been provided so far to the rail sector 
stakeholders. The Regulation proposed addresses these issues. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

This initiative is based on Article 91 of the Treaty on the Functioning of the European Union, 
which is equally the legal basis of Directive 2012/34/EU itself.  

• 

Subsidiarity (for non-exclusive competence)  

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following  reason:  Track  access  charges  are  comprehensively  regulated  at  EU  level  and 
therefore  Member  States  cannot  deviate  from  Union  rules  unless  there  is  specific  European 
legislation.  Directive  2012/34/EU  does  not  allow  Member  States,  in  the  context  of  the 
COVID-19 outbreak, to react to the unforeseeable impacts on railway transport in particular 
by adapting the rules on charging and capacity allocation. This may only be achieved through 
an act adopted by the Union, permitting (targeted) derogations. Moreover, under the terms of 
the Regulation proposed it remains up to Member States to decide whether to implement the 
measures  provided  for,  having  also  regard  to  the  means  at  their  disposal  in  terms  of  public 
funding.  

• 

Proportionality 

The proposal does not go beyond what is necessary to achieve the objective of alleviating the 
impact  of  the  current  COVID-19  outbreak  through  targeted  derogations  from  Directive 
2012/34/. The proposed measure is therefore proportionate, including as regards the reference 
period to which it applies. This period reflects current estimates on the time during which the 
COVID-19 pandemic on the rail market will last. It is proposed to empower the Commission 
to prolong this period where necessary. 

• 

Choice of the instrument 

In  order  to  achieve  its  objective,  the  legal  instrument  must  be  of  direct  and  general 
application. Therefore, the appropriate legal instrument is a Regulation.  

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

This is an urgent measure triggered by the sudden and unforeseeable outbreak of COVID-19 
disease.  

• 

Stakeholder consultations 

Given the urgency of the matter, a formal stakeholder consultation has not been carried out. 
However, both Member States authorities and stakeholders have called upon the Commission 
to  adopt  a  proposal  for  appropriate  measures  in  the  context  of  the  allocation  and  charging 
framework of Directive 2012/34/EU. 

In particular, rail sector associations representing railway undertakings repeatedly approached 
the  Commission  asking  for  urgent  measures.  These  measures  would  aim  to  ensure  that  the 
sector could cope with lost income and reduce the risk of bankruptcies, especially for private 
operators.  One  of  the  most  advocated  measure  is  the  suspension  of  charges  for  track 
infrastructure, stations, service facilities and the use of stabling sidings.  

Following  this  call  for  action,  some  Member  States  and  infrastructure  managers  started  to 
react  by  taking  and/or  considering  such  measures.  The  Commission  conducted  a  survey  in 
March, April and May 2020 via the PRIME charges subgroup. On the basis of the results of 
the  survey,  it  was  concluded  that  some  Member  States  showed  apparent  readiness  to  take 
relief measures along the lines proposed in this Regulation. 

Given the lack of appropriate emergency provisions in the Directive, there is a need to create 
a framework for the measures required by the COVID-19 crisis through the adoption of this 
Regulation. 

• 

Collection and use of expertise 

As explained, collection of expertise at the usual degree of detail was not possible due to the 
urgency of the situation. However, the Commission has drawn on experience gained through 
its contacts with Member States and railway stakeholders. 

• 

Impact assessment 

Given the urgency of the situation, an impact assessment has not been carried out.  

• 

Regulatory fitness and simplification 

Not applicable.  

• 

Fundamental rights 

Not applicable.  

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4. 

BUDGETARY IMPLICATIONS 

Not applicable.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The  measure  does  not  include  any  specific  monitoring  or  reporting  arrangements.  However 
the Commission should follow the development of the COVID-19 outbreak and its impact on 
Single European Rail Area and if necessary be empowered to adopt a delegated act to extend 
the time periods concerned by this measure.  

• 

Explanatory documents (for directives) 

None. 

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2020/0127 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing measures for a sustainable rail market in view of the COVID-19 pandemic 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 91 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 

Having regard to the opinion of the European Economic and Social Committee1,  

Having regard to the opinion of the Committee of the Regions2,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

The  COVID-19  pandemic  brought  about  a  significant  drop  in  demand  which  in  turn 
has  led  to  a  sharp  drop  in  rail  transport.  This  has  a  serious  impact  on  railway 
undertakings which started as early as 1 March 2020 and is likely to affect the sector 
until at least 31 December 2020. The circumstances are beyond the control of railway 
undertakings that are facing considerable liquidity problems, major losses and in some 
cases may risk insolvency.  

In  order  to  counteract  the  negative  economic  effects  of  the  COVID-19  pandemic, 
railway  undertakings  may  need  financial  support.  It  may  not  be  possible  for  railway 
undertakings  to  pay  charges  for  accessing  rail  infrastructure  during  the  COVID-19 
emergency, and, for that reason, infrastructure managers should be enabled to reduce, 
waive  or  defer  such  charges.  This  possibility  should  be  granted  for  a  period  during 
which the effects of the COVID-19 pandemic on the rail market have been felt and are 
expected  to  last,  i.e.  from  1  March  2020  until  31  December  2020  (the  “reference 
period”). 

Under  article  31(3)  of  Directive  2012/34/EU,  track  access  charges  to  be  paid  to  the 
infrastructure  manager  may  not  fall  below  the  cost  directly  incurred  as  a  result  of 
operating  the  train  service.  A  partial  or  full  waiver  of  charges  or  deferral  thereof, 
applied  in  a  transparent,  objective  and  non-discriminatory  way  to  all  railway 
undertakings,  active  in  the  freight  and  passenger  rail  sectors,  would  alleviate  the 
impact of the COVID-19 pandemic during the reference period. Member States should 

1 
2 

OJ C 132, 3.5.2011, p. 99. 
OJ C 104, 2.4.2011, p. 53. 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

therefore  be  provided  with  the  possibility  to  authorise  such  measures  on  the  part  of 
infrastructure managers. 

Article  32(1)  of  Directive  2012/34/EU  allows  Member  States  to  provide  for  the 
levying  of  mark-ups,  if  the  market  can  bear  them.  Due  to  the  impacts  of  the 
COVID-19 pandemic the ability  of the market  segments  to  bear mark-ups may have 
decreased.  It  is  therefore  appropriate  to  enable  Member  States  to  authorise 
infrastructure  managers  to  reassess  the  ability  to  bear  mark-ups  of  the  market 
segments, for the purposes of a possible reduction of the amounts due in respect of the 
reference period. 

Article  36  of  Directive  2012/34/EU  provides  for  a  regime  of  reservation  charges, 
intended  to  incentivise  efficient  use  of  capacity.  The  second  sentence  of  this  Article 
renders the levying of those charges mandatory in case of regular failure by a railway 
undertaking  to  use  allocated  paths  or  parts  of  these.  Infrastructure  managers  are  to 
publish in  their network statements the criteria to determine such failure to  use. The 
pandemic  has  provoked  severe  disruptions  to  rail  traffic  that  have  led  to  widespread 
train  path  cancellations.  The  underlying  events  were  and  are  beyond  the  control  of 
railway undertakings. Moreover, they have given rise to (temporary) overcapacity. It 
can therefore be assumed that the incentive effect intended by reservation charges in 
accordance with Article 36 of the Directive 2012/34/EU is not relevant insofar as the 
reference period is  concerned. Therefore,  by derogation from the second sentence of 
Article 36, Member States should be enabled to authorise infrastructure managers not 
to  levy  reservation  charges  for  capacity  allocated  but  not  used  during  the  reference 
period,  even  where  such  a  non  use  would  be  considered  a  regular  failure  to  use 
allocated paths or part of them according to the criteria currently applicable.  

In  respect  of  each  of  the  items  referred  to  above,  any  decreases  of  charges  as 
authorised by Member States in accordance with this Regulation would entail income 
losses  on  the  part  of  the  infrastructure  manager.  Those  income  losses  would  in 
principle  be  compensated  in  accordance  with  Article  8(4)  of  Directive  2012/34/EU. 
Given  the  extraordinary  character  of  those  losses,  infrastructure  managers  should  be 
refunded  within  a  shorter  period  namely  by  31  December  of  the  year  following  the 
year in which the loss was incurred. 

Temporary  adjustments  of  the  conditions  for  the  use  of  rail  infrastructure  should  be 
made and network statements should be kept up to date and amended as necessary. 

Given the sudden and unforeseeable nature of the COVID-19 pandemic, which made it 
impossible to adopt timely Union measures, this Regulation should cover the reference 
period  referred  to  above,  even  though  parts  of  that  period  are  situated  in  the  past, 
without however affecting legitimate expectations.  

Since  the  objective  of  this  Regulation,  namely  to  respond  to  the  urgent  situation 
created  by  the  COVID-19  pandemic,  cannot  be  sufficiently  achieved  by  the 
Member States  but  rather,  by  reason  of  the  scale  or  effects  of  the  action,  be  better 
achieved  at  Union  level,  the  Union  may  adopt  measures,  in  accordance  with  the 
principle  of  subsidiarity  as  set  out  in  Article 5  of  the  Treaty  on  European Union 
(TEU).  In  accordance  with  the  principle  of  proportionality  as  set  out  in  that  Article, 
this  Regulation  is  not  deemed  to  go  beyond  what  is  necessary  to  achieve  that 
objective. 

(10) 

In  view  of  the  urgency  entailed  by  the  exceptional  circumstances  caused  by  the 
COVID-19 pandemic justifying the proposed measures, and more particularly in order 

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(11) 

to  adopt  the  necessary  measures  quickly  so  as  to  contribute  to  the  financial 
sustainability of railway undertakings, it is appropriate to provide for an exception to 
the eight-week period referred to in Article 4 of Protocol No 1 on the role of national 
Parliaments  in  the  European Union,  annexed  to  the  TEU,  to  the  Treaty  on  the 
Functioning  of  the  European Union  and  to  the  Treaty  establishing  the  European 
Atomic Energy Community. 

In order to extend, if necessary and justified, the measures set out in this Regulation, 
the  power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty  on  the 
Functioning of the European Union should be delegated to the Commission in respect 
of  prolonging  the  period  during  which  the  measures  envisaged  by  this  Regulation 
apply.  It  is  of  particular  importance  that  the  Commission  carry  out  appropriate 
consultations  during  its  preparatory  work,  including  at  expert  level,  and  that  those 
consultations  be  conducted  in  accordance  with  the  principles  laid  down  in  the 
Interinstitutional Agreement of 13 April 2016 on Better Law-Making (3). In particular, 
to  ensure  equal  participation  in  the  preparation  of  delegated  acts,  the  European 
Parliament and the Council receive all documents at the same time as Member States’ 
experts,  and  their  experts  systematically  have  access  to  meetings  of  Commission 
expert groups dealing with the preparation of delegated acts 

(12) 

In  order  to  allow  for  the  prompt  application  of  the  measures  provided  for  in  this 
Regulation, it should enter into force as a matter of urgency on the date following that 
of its publication in the Official Journal of the European Union, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Subject matter and scope 

This Regulation lays down temporary rules on the levying of charges for the use of railway 
infrastructure  as  set  out  in  Chapter  IV  of  Directive  2012/34/EU.  It  applies  to  the  use  of 
railway  infrastructure  for  domestic  and  international  rail  services  covered  by  that  Directive, 
during the period from 1 March 2020 until 31 December 2020 (‘the reference period’). 

Article 2 

Reduction, waiver or deferral of charges for the minimum access package and of 
reservation charges 

1. 

2. 

Notwithstanding  Articles  27  and  31(3)  of  Directive  2012/34/EU,  and  subject  to 
compliance  with  State  aid  rules,  Member  States  may  authorise  infrastructure 
managers  to  reduce,  waive  or  defer  the  payment  of  the  charges  for  the  minimum 
access  package  and  for  access  to  infrastructure  connecting  service  facilities  in  a 
transparent,  objective  and  non-discriminatory  way  in  the  cases  in  which  such 
payment has or will become due during the reference period. 

Notwithstanding Article 27 of Directive 2012/34/EU and subject to compliance with 
State aid rules, Member States may authorise infrastructure managers to reassess the 
ability of the market segments to bear mark-ups, within the meaning of Article 32(1) 
of Directive 2012/34/EU, for the purposes of a possible reduction of the amounts due 
in respect of the reference period. 

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3. 

4. 

Notwithstanding  Article  27  and  the  second  sentence  of  Article 36  of  Directive 
2012/34/EU,  and  subject  to  compliance  with  State  aid  rules,  Member  States  may 
authorise  infrastructure  managers  not  to  levy  reservation  charges  on  any  railway 
undertakings  for  capacity  allocated  but  not  used  during  the  reference  period  in  a 
transparent, objective and non-discriminatory way. 

Notwithstanding  Article  8(4)  of  Directive  2012/34/EU,  and  subject  to  compliance 
with State aid rules, Member States shall compensate infrastructure managers for the 
specific financial loss incurred as a result of the application of paragraphs 1, 2 and 3 
by 31 December of the year following the year in which the loss was incurred. This 
compensation  is  without  prejudice  to  the  Member  States’  obligation  under 
Article 8(4) of Directive 2012/34/EU, to ensure that, over a reasonable period, which 
shall  not  exceed  the  period  of  five  years,  the  profit  and  loss  account  of  an 
infrastructure manager shall remain balanced.  

Article 3 

Adjustments of the conditions for the use of rail infrastructure 

Notwithstanding Article 27 of Directive 2012/34/EU, infrastructure managers shall amend, as 
appropriate  and  without  delay,  the  network  statement  referred  to  in  Article  27  of  that 
Directive so  as to display the conditions applied by them, in view of the measures taken by 
the Member State concerned in accordance with Article 2. 

Article 4 

Regulatory body 

This  Regulation  is  without  prejudice  to  the  provisions  of  Directive  2012/34/EC  concerning 
the regulatory body. Article 56 of that Directive shall apply to the cases covered by Articles 2 
and  3  this  Regulation,  in  respect  of  the  criteria  set  out  therein,  applicable  to  infrastructure 
managers.  

Article 5 

Extension of the reference period 

1. 

2. 

3. 

By  1  November  2020,  infrastructure  managers  shall  provide  the  Commission  with 
data on the usage of their networks categorised  by market  segments, in  accordance 
with Article 32(1) of Directive 2012/34/EU, for the periods from 1 March 2019 until 
30 September 2019 and from 1 March 2020 until 30 September 2020. 

Where the Commission finds, on the basis of the data referred to in paragraph 1, that 
there is a persistent reduction in the level of rail traffic, as compared to the level in 
the corresponding period in the previous year, and that the trend is likely to persist, 
and also finds, on the basis of the best available scientific data, that the situation is 
the result of the impact of the COVID-19 pandemic, the Commission shall, by means 
of delegated acts  adopted  in  accordance with  Article 6, amend the reference period 
accordingly. 

Where,  in  the  case  of  a  prolonged  impact  of  the  COVID-19  pandemic  on  the  rail 
transport  sector  in  the  Union,  imperative  grounds  of  urgency  so  require,  the 
procedure provided for in Article 7 shall apply to delegated acts adopted pursuant to 
this Article. 

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1. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

Article 6 

Exercise of the delegation  

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The power to adopt delegated acts referred to in Article 5(2) shall be conferred on the 
Commission  for  a  period  of  one  year  from  [the  date  of  entry  into  force  of  this 
Regulation]. 

The delegation of power referred to  in  Article 5(2) may be  revoked  at  any  time by 
the European Parliament or by the Council. A decision to revoke shall put an end to 
the  delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force. 

Before adopting a delegated act, the Commission shall consult experts designated by 
each  Member  State 
the 
in  accordance  with 
Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 

the  principles 

laid  down 

in 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

A  delegated  act  adopted  pursuant  to  Article  5(2)  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  by  the  Council 
within a period of two months of notification of that act to the European Parliament 
and the Council or if, before the expiry of that period, the European Parliament and 
the  Council  have  both  informed  the  Commission  that  they  will  not  object.  That 
period shall be extended by two months at the initiative of the European Parliament 
or of the Council. 

Article 7 

Urgency procedure  

Delegated  acts  adopted  under  this  Article  shall  enter  into  force  without  delay  and 
shall apply as long as no objection is expressed in accordance with paragraph 2. The 
notification  of  a  delegated  act  to  the  European  Parliament  and  to  the  Council  shall 
state the reasons for the use of the urgency procedure. 

Either  the  European  Parliament  or  the  Council  may  object  to  a  delegated  act  in 
accordance  with  the  procedure  referred  to  in  Article  6(6).  In  such  a  case,  the 
Commission  shall  repeal  the  act  immediately  following  the  notification  of  the 
decision to object by the European Parliament or by the Council. 

Article 8 

Entry into force 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

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This Regulation shall be binding in its entirety and directly applicable in the Member States in 
accordance with the Treaties. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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