Annex V — CONTENTS OF THE NETWORK STATEMENT REFERRED TO IN ARTICLE 27 OF DIRECTIVE 2012/34/EU – SECTION ON CAPACITY MANAGEMENT AND TRAFFIC MANAGEMENT

In addition to the elements referred to in Article 27(2) of Directive 2012/34/EU, the network statement referred to in that Article shall contain: (1) a section setting out the nature of the railway infrastructure, which is available to railway undertakings and the conditions of access to it. That section shall refer to information available in the register of infrastructure referred to in Article 49 of Directive (EU) 2016/797; (2) a section on the principles and criteria for capacity management. This shall set out the general capacity characteristics of the railway infrastructure, which is available to railway undertakings and any restrictions relating to its use, including likely capacity requirements for maintenance. It shall also specify the procedures and deadlines which relate to the capacity management process. It shall contain specific criteria, which are employed during that process, in particular: (a) the procedures according to which applicants are consulted on strategic capacity planning and provide capacity-needs announcements; (b) the procedures according to which applicants may request capacity from the infrastructure manager; (c) the requirements governing applicants; (d) the schedule for strategic capacity planning, for application, allocation, adaptation and rescheduling processes and the procedures which shall be followed to request information on the scheduling and the procedures for scheduling planned and unforeseen maintenance work; (e) the principles governing the consensual conflict resolution mechanism referred to in Article 38 and the formal conflict resolution mechanism referred to in Article 39; (f) the structure and level of penalties for changes to capacity rights; (g) the procedures which shall be followed and criteria used where railway infrastructure is highly utilised or congested; (h) details of restrictions on the use of railway infrastructure; (i) an explanation for any deviations from the European framework referred to in Article 7; (3) a section on operations, including on traffic management, disruption management and crisis management. This shall set out the implementation of requirements laid down in this Regulation and in Directives (EU) 2016/797, (EU) 2016/798 and 2007/59/EC, including: (a) operational rules, including priority rules or priority principles for traffic management, a list of or references to technical, operational and safety rules and to rules relating to operational staff; (b) operational measures, including rules and procedures for disruption management and crisis management, operational communication and data exchange with railway undertakings and other operational stakeholders; (c) a list of and references to information systems used in operations; (d) an explanation for any deviations from the European framework referred to in Article 46 of this Regulation; (4) a section on the key elements of performance management, including in particular: (a) references to performance objectives set out in the business plan referred to in Article 8(3) of Directive 2012/34/EU and in the contractual agreement referred to in Article 30 of that Directive; (b) 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; (c) an explanation for any deviations from the European framework referred to in Article 52 of this Regulation.