Article 33 — Capacity allocation through framework agreements

1. Applicants shall have the right to request railway infrastructure capacity over a period of time exceeding one working timetable period through framework agreements. Framework agreements shall specify the capacity rights granted in the form of a capacity specification as referred to in Article 28(1), point (a). They may not include capacity rights in the form of a train path. Member States may require prior approval of framework agreements by the regulatory body. In the case of framework agreements involving cross-border traffic, the relevant regulatory bodies shall coordinate among themselves. 2. Infrastructure managers shall indicate the capacity that they plan to reserve for allocation through framework agreements in the planning documents of the strategic capacity planning. Without prejudice to Articles 101, 102 and 106 of the Treaty on the Functioning of the European Union (TFEU), the capacity reserved for framework agreements in those planning documents shall be allocated by the infrastructure manager to applicants through such agreements, subject to paragraphs 5 and 6 of this Article. This shall not prevent infrastructure managers from allocating the requested capacity through framework agreements in cases where such capacity is not reserved in the planning documents, subject to paragraph 6 of this Article. 3. Framework agreements may be concluded between several infrastructure managers and an applicant in cases where they cover more than one network. 4. An applicant who is a party to a framework agreement shall request the infrastructure manager to convert the capacity specifications included in the framework agreement into a corresponding train path in accordance with that agreement. That conversion shall be carried out in accordance with Article 28(2). 5. Infrastructure managers shall ensure that framework agreements are consistent with the following: (a) the planning documents related to strategic capacity planning as referred to in Article 13(2); (b) the strategic guidance, including its possible binding elements, where Member States have provided such guidance in accordance with Article 4. Neighbouring infrastructure managers shall coordinate their strategic capacity plannings on available capacity for cross-border framework agreements. 6. Framework agreements shall not preclude the use of the relevant infrastructure by other applicants or services. For that purpose, infrastructure managers shall set the maximum shares of total capacity that can be allocated through framework agreements and include those shares in the network statement. 7. Framework agreements shall allow for the amendment of their terms to enable better use to be made of the railway infrastructure, without prejudice to Articles 41 and 42. Other changes to capacity rights allocated through framework agreements shall be subject to a penalty in accordance with Article 42. 8. Framework agreements shall, in principle, cover the period indicated in Section 5 of Annex I. The infrastructure manager may agree to a shorter or longer period in specific cases. Any period longer than the period indicated in Section 5 of Annex I shall be justified by the requirement of dedicated investments by new entrants or by the substantial novelty of the service, providing significant improvement of service quality. 9. For services using specialised railway infrastructure referred to in Article 26, which requires substantial and long-term investment, duly justified by the applicant, framework agreements may be concluded for a period up to 15 years. Any period longer than 15 years may be agreed only in exceptional cases, in particular where there is large-scale and long-term investment and where such investment is covered by contractual commitments including a multiannual amortisation plan. 10. Infrastructure managers shall include capacity allocated through framework agreements in the capacity model referred to in Article 19 and in the capacity supply plan referred to in Article 20. 11. While respecting commercial confidentiality, the general nature of each framework agreement shall be made available to any interested party. 12. Based on the experience of regulatory bodies, competent authorities, railway undertakings, infrastructure managers and of the ENRRB, the Commission may adopt implementing acts setting out detailed rules regarding the procedure and criteria for concluding framework agreements, the form and the content of such agreements to ensure the uniform application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).