Article 20 — Capacity supply plan

1. The infrastructure manager shall establish a capacity supply plan that refines the capacity model on the basis of the consultation with applicants referred to in Article 15, including in the form of capacity needs announcements referred to in Article 14(4), point (c), and of the coordination between infrastructure managers referred to in Article 16. The capacity supply plan shall provide the basis for capacity allocation. In accordance with the requirements laid down in Sections 1 and 2 of Annex I, it shall provide comprehensive information about: (a) railway infrastructure capacity available for allocation to applicants; (b) railway infrastructure capacity not available for allocation. The capacity supply plan shall contain the information listed in Section 1 of Annex I. 2. Infrastructure managers shall prepare the capacity supply plan in accordance with the results of the strategic capacity planning process referred to in Articles 13 to 19 and in accordance with the schedule set out in Section 2 of Annex I. 3. Infrastructure managers shall publish the capacity supply plan for each working timetable period at the latest by the deadline set out in Section 2 of Annex I and shall continuously update that plan until the end of the working timetable period, to which it refers. The capacity supply plan shall be provided for each individual day of the working timetable period concerned. 4. Infrastructure managers shall document and, where relevant, justify any substantial divergence between the capacity supply plan and the capacity model concerning the same working timetable period. 5. In the capacity supply plan, infrastructure managers may indicate railway infrastructure capacity 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 lays down the process through which such capacity can be requested, in accordance with Article 22. The specified characteristics, rules and allocation processes shall be taken into account when allocating pre-planned capacity. 6. Pre-planned capacity shall be presented in the capacity supply plan in the form of capacity planning objects as referred to in Article 22, which specify the volume and characteristics of capacity, and which are linked to allocation rules and processes through which such capacity is made available. 7. The infrastructure manager shall have the right, within reasonable limits, to propose a capacity supply plan that differs from the input received in the consultation with applicants. The infrastructure manager shall set out the applicable limits in its network statement. ENIM shall develop guidelines on those limits and include them in the European framework for capacity management. 8. Where the infrastructure manager is not able to prepare a capacity supply plan within the limits referred to in paragraph 7 of this Article, it shall partition capacity on that element of railway infrastructure in accordance with Article 27. 9. Where relevant, infrastructure managers shall coordinate in accordance with Article 16 to ensure that the outcomes of capacity partitioning are consistent and to ensure seamless multi-network services. 10. The infrastructure manager shall submit the draft capacity supply plan to the regulatory body for scrutiny, whereupon the regulatory body shall analyse this plan and may take a decision requiring the infrastructure manager to amend the capacity supply plan where the analysis has concluded that that plan does not comply with this Regulation, with Directive 2012/34/EU, or with the principles of transparency and non-discrimination, in accordance with the deadlines referred to in Section 2 of Annex I to this Regulation. Where relevant, regulatory bodies shall coordinate with other regulatory bodies. 11. ENIM shall develop guidelines and include them in the European framework for capacity management, setting out the following: (a) the means for publication of the capacity supply plan, including digital services, tools, functions and interfaces; (b) the process for the consultation with applicants on the capacity supply plan.