Article 34 — Capacity allocation through the annual allocation process

1. The infrastructure manager shall allocate capacity through simultaneous capacity allocation, with a view to meeting, to the extent possible, all requests for railway infrastructure capacity referred to in Article 32(1), subject to paragraphs 2, 3 and 4 of this Article. The infrastructure manager shall take into account, to the extent possible, all constraints on applicants, including the economic effect on their business. 2. In accordance with Articles 20 and 22, the infrastructure manager may accept or refuse requests for capacity rights that are not consistent with the capacity supply plan. Where a request is not consistent with the capacity supply plan, the infrastructure manager shall have the right, within reasonable limits, to propose railway infrastructure capacity that differs from that which was requested, and to modify the capacity supply plan, or both. In such cases, the infrastructure manager shall apply the criteria and procedures referred to in Article 22(1). When accepting requests that are not consistent with the capacity supply plan, the infrastructure manager shall aim to maintain the overall balance between the elements of the capacity supply plan listed in Article 20(6) and, in the event of conflict with other requests, give priority to requests that are consistent with the capacity supply plan, in particular the pre-planned capacity. When refusing requests that are not consistent with the capacity supply plan, the infrastructure manager shall, without delay, inform the applicant concerned of its intention to refuse a request. The applicant concerned shall have the right to lodge a complaint with the regulatory body. At least every year, infrastructure managers shall inform the regulatory body of all capacity requests received that did not fit the parameters of the available capacity as set out in the capacity supply plan, regardless of whether they were accepted or refused. On the basis of that information, the regulatory body may issue an opinion, which may recommend to the infrastructure manager to amend the capacity model. 3. In the event of a conflict between two or more capacity requests, the infrastructure manager shall first attempt to resolve the conflict through the consensual conflict resolution mechanism referred to in Article 38. If that consensual conflict resolution mechanism has not resolved the capacity conflict, the infrastructure manager shall apply the formal conflict resolution mechanism referred to in Article 39. 4. Capacity rights granted through the annual allocation process may comprise: (a) capacity specifications; (b) train paths. Infrastructure managers shall convert capacity rights granted in the form of capacity specifications to train paths in accordance with Section 4 of Annex I. 5. The infrastructure manager shall comply with the schedule for the allocation process set out in Section 4 of Annex I. 6. The infrastructure manager shall consider requests submitted after the deadline set out in Section 4 of Annex I and allocate the capacity on the basis of the first come, first served principle. 7. For requests submitted after the deadline which cannot be accommodated either with residual capacity reserved for the working timetable or with the available unplanned capacity, the infrastructure manager shall try to offer alternatives via a different itinerary. 8. The infrastructure manager shall consult interested parties on the draft working timetable. Interested parties shall include all those who have requested railway infrastructure capacity and other parties who wish to have the opportunity to comment on how the working timetable may affect their ability to procure rail services during the working timetable period. 9. The infrastructure manager shall take appropriate measures to deal with any concerns that are expressed.