Article 27 — Capacity partitioning of railway infrastructure declared as being highly utilised or congested

1. The infrastructure manager shall partition capacity on the elements of railway infrastructure declared as being highly utilised or congested applying an equitable, transparent and non-discriminatory methodology. The infrastructure manager shall set out the details of the methodology, including all applicable parameter values, in the network statement taking account of the European framework for capacity management. Parameter values defined by the infrastructure manager shall be subject to coordination in accordance with Article 7e, point (d), of Directive 2012/34/EU. The infrastructure manager shall take into account the need for capacity for multi-network rail services. 2. The methodology referred to in paragraph 1 shall involve the following steps: (a) designing alternative scenarios to partition the capacity available for different types of rail transport services involving, where possible, the provision of alternative capacity on other routes or alternative timing; (b) evaluating and ranking the scenarios referred to in point (a) of this paragraph, taking into account the operational, socioeconomic, and environmental criteria set out in paragraph 3 of this Article; (c) selecting the highest ranked scenario on the basis of the evaluation referred to in point (b) of this paragraph and amending the capacity model and the capacity supply plan accordingly. The methodology shall allow the need for multi-network rail services in their entirety to be taken into account. 3. The evaluation referred to in paragraph 2, point (b), shall be based on, but not limited to, the following operational, socioeconomic and environmental criteria, subject to the availability of data and taking into account technical and operational considerations and the utilisation of the railway infrastructure: (a) operating costs for operators of rail transport services, and the resulting impact on prices for customers of rail transport services; (b) time-related costs for customers of rail transport services; (c) connectivity and accessibility for people and regions served by the rail transport services, including the quality of connections notably in terms of transfer times and the frequency of rail passenger and freight services; (d) impacts on external costs of transport, such as accidents, emissions of air pollutants, greenhouse gases and noise produced by rail transport services and by their likely alternatives; (e) volume of people and freight transported. 4. ENIM shall set out an equitable, transparent and non-discriminatory methodology and establish the list of parameters relating to rail transport services and operational, socioeconomic and environmental criteria necessary for the assessment referred to in paragraph 3. Where relevant, ENIM shall set out standard parameter values, or ranges of standard values. ENIM shall ensure that parameter values are sufficiently tested and calibrated in an operational context. ENIM shall include the methodology and the list of parameters and the standard values for the parameters in the European framework for capacity management. The infrastructure manager shall, where relevant, adjust the standard parameter values to take into account local or national circumstances based on accepted approaches and empirical evidence and, where applicable, apply Member State requirements in accordance with Article 4(2), point (d).