Article 35 — Capacity allocation through the rolling planning process

1. Infrastructure managers shall allocate railway infrastructure capacity through the rolling planning process at least to rail freight services in accordance with the deadlines set out in Section 6 of Annex I. Infrastructure managers shall reserve capacity for that purpose in the capacity supply plan referred to in Article 20. Without prejudice to Articles 101, 102 and 106 TFEU, the capacity reserved for rolling planning in the planning documents shall be allocated by the infrastructure manager to applicants through the rolling planning process. This shall not prevent infrastructure managers from allocating the requested capacity through the rolling planning process in cases where such capacity is not reserved in the planning documents. The rolling planning process shall not preclude the use of the relevant railway infrastructure by other applicants or services. 2. Capacity rights granted through the rolling planning process may comprise: (a) train paths or capacity specifications for all running days during the working timetable period comprising the first running day included in the request; (b) capacity specifications for all running days beyond the working timetable period comprising the first day included in the request for a maximum period specified in Section 6 of Annex I. Infrastructure managers shall convert capacity rights granted in the form of capacity specifications to train paths in accordance with Section 6 of Annex I. 3. Infrastructure managers and applicants may jointly decide to amend the capacity specifications granted through the rolling planning process to enable a better use of the railway infrastructure. Those amendments shall not be considered to be changes to capacity rights subject to a penalty for the purposes of Article 42. Other changes to capacity rights allocated through rolling planning process shall be subject to a penalty in accordance with Article 42. 4. Without prejudice to Article 20, infrastructure managers shall allocate capacity reserved for the rolling planning process on the basis of the first come, first served principle. 5. In accordance with the rules and procedures set out in Article 22, infrastructure managers shall try their utmost to offer alternative capacity for rolling planning requests if requests are inconsistent with the capacity supply plan referred to in Article 20. If it is not possible to offer an alternative, the infrastructure manager may refuse to allocate capacity to those inconsistent requests. The applicant shall have the right to lodge a complaint with the regulatory body. 6. The infrastructure manager, following a notification to the regulatory body, shall refuse rolling planning requests, if those requests meet the characteristics of capacity that is normally allocated through framework agreements in accordance with Article 33. The regulatory body shall inform the ENRRB of such refusals and shall ensure a consistent application of this paragraph. 7. Based on the experience of regulatory bodies, competent authorities, railway undertakings, infrastructure managers and the ENRRB, the Commission may adopt implementing acts setting out detailed rules regarding the rolling planning process 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).