Article 41 — Changes to capacity rights after allocation

1. Infrastructure managers may change capacity rights allocated to an applicant on their own initiative only in accordance with this Regulation. Applicants may request changes to allocated capacity at all times. In the event of changes to allocated capacity rights, Article 42 shall apply and the infrastructure managers shall, without delay, update the working timetable referred to in Article 32. 2. After the allocation of capacity rights, infrastructure managers shall limit changes to capacity rights to the greatest extent possible, in accordance with the principles set out in Article 2(4). Likewise, applicants shall limit to the greatest extent possible their requests for changes to such capacity rights. 3. Changes to capacity rights shall include cases where the infrastructure manager cannot allow the train to run in accordance with the allocated capacity right and has sufficient time to offer the applicant an alternative capacity right after having informed the applicant of the need for the change. 4. A cancellation of capacity rights shall also be considered as a specific type of change. 5. In the case of changes to capacity rights, infrastructure managers may apply shorter deadlines for the allocation of such rights compared to the deadlines indicated in Section 8 of Annex I. Infrastructure managers shall provide information on the time necessary to construct a train path in the network statement. 6. The rules and procedures to be applied in the event of a change to a capacity right shall take into account the impact of the change to the capacity right in operational and commercial terms. For that purpose, infrastructure managers shall categorise changes based on their impact and identify the category of changes having a significant impact, taking into account the procedures adopted by ENIM on the basis of paragraph 10. 7. In the event of a change to a multi-network capacity right, the infrastructure managers concerned shall make all reasonable efforts to ensure consistency between the capacity rights over the entire train run. A cancellation due to force majeure on one network shall be considered to be a cancellation due to force majeure for the capacity right along the entire route covered by it. The infrastructure manager making a change to a multi-network capacity right shall coordinate and shall be responsible for the process of allocating an alternative multi-network capacity right with the other infrastructure managers concerned and shall inform the applicant and all parties concerned about the outcome of the coordination. That outcome shall be either the allocation of an alternative multi-network capacity right or the information that no alternative capacity right is available. 8. For the purpose of this Regulation, failure to use an allocated capacity right by railway undertakings shall be considered equivalent to a cancellation on the day of the train run concerned. 9. Where an infrastructure manager changes an allocated capacity right, it shall inform the applicant and the railway undertaking concerned without delay. The infrastructure manager shall offer alternative capacity rights to the applicant within the deadlines set out in Section 8 of Annex I. Where this is not possible, the infrastructure manager shall provide the applicant with relevant information enabling the applicant to place a new request for railway infrastructure capacity. Where relevant, that information shall make reference to the capacity supply plan referred to in Article 20 and the contingency planning referred to in Article 21. 10. ENIM shall prepare and adopt uniform procedures to manage changes to capacity rights after allocation and include them in the European framework for capacity management. Those procedures shall establish criteria to differentiate between changes depending on their impact in commercial and operational terms, including criteria to categorise changes as having a significant impact. To categorise a change as having a significant impact ENIM shall take into account, among other factors, the ability of the railway undertaking to perform the service in accordance with its contractual obligations, delays at departure or changes to the route that result in increase of distance, time of travel, track access charges or other related costs, as well as thresholds for these changes. 11. By 12 December 2027, the Commission shall adopt delegated acts in accordance with Article 75 to amend Section 8 of Annex I with a view to ensuring efficient adaptation and rescheduling processes, taking into account planning, operational, technical and commercial considerations of the stakeholders concerned. In doing so, the Commission shall consider introducing rescheduling windows for smaller works not categorised as having major, high or medium impact and will also take into account the experience of infrastructure managers and of applicants.