Article 38 — Consensual conflict resolution mechanism and coordination of requests

1. Where in the context of simultaneous capacity allocation there are conflicting requests for railway infrastructure capacity, the infrastructure manager shall attempt to ensure, through coordination of those requests, the best possible matching of all requirements. 2. Where a situation requiring coordination arises, the infrastructure manager shall attempt to accommodate all railway infrastructure capacity requests through coordination and shall have the right, within reasonable limits, to propose railway infrastructure capacity that differs from that which was requested. 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. 3. The infrastructure manager shall attempt, through consultation with the applicants concerned, to resolve any conflicts. Such consultation shall be based on the disclosure of the following information within a reasonable time, free of charge and in electronic form: (a) capacity rights requested by all other applicants on the same routes; (b) capacity rights allocated on a preliminary basis to all other applicants on the same routes; (c) alternative capacity rights proposed on the relevant routes in accordance with paragraph 2; (d) full details of the criteria being used in the capacity-allocation process. Without prejudice to Article 3(2) and subject to the agreement of all applicants, the infrastructure manager may establish contact between all applicants potentially involved in the resolution of a conflict to facilitate the coordination of railway infrastructure capacity requests. 4. The infrastructure manager shall set out in its network statement the principles governing the coordination of capacity requests for rail services. 5. Where capacity requests cannot be satisfied without coordination, the infrastructure manager shall attempt to accommodate all requests through coordination. 6. In case of multi-network capacity requests, the consensual conflict resolution mechanism set out in paragraphs 1, 2 and 3 of this Article shall be performed in accordance with Article 55 and shall involve the network coordinator. 7. ENIM shall develop guidelines for the consensual conflict resolution mechanism for multi-network capacity requests and include them in the European framework for capacity management.