Article 52 — European framework for performance review

1. By 12 August 2028, ENIM shall develop and adopt a European framework for performance review laying down common tools, methodologies and procedural arrangements, taking into account the principles set out in Article 2(4) and Article 44(2) of this Regulation and the operational priorities set out in Article 19 of Regulation (EU) 2024/1679, and the implementing acts adopted under Article 15(6) of Directive 2012/34/EU. Infrastructure managers shall take the utmost account of those common tools, methodologies and procedural arrangements when carrying out the performance review. 2. When preparing the network statement referred to in Article 27 of Directive 2012/34/EU and Article 6(2) of this Regulation, infrastructure managers shall take the utmost account of the European framework for performance review. They shall explain, in the network statement, the reason for any deviation from the common tools, methodologies and procedural arrangements established in that framework. 3. ENIM shall publish a draft of the European framework for performance review for consultation with the ERP and operational stakeholders. The ERP and operational stakeholders may submit their replies to the consultation within three months of the publication of the draft European framework for performance review. 4. ENIM shall submit a final draft of the European framework for performance review to the ENRRB by 12 February 2028. Within three months of receipt of the final draft, the ENRRB shall submit a recommendation to ENIM on the European framework for performance review. ENIM shall take the utmost account of that recommendation when adopting the European framework for performance review. 5. The European framework for performance review shall cover at least the performance areas set out in Annex VIII. In particular, it shall include: (a) a list of priority performance issues to be addressed in the performance areas set out in that Annex; (b) performance indicators allowing to monitor progress on the performance issues, including methodology and data requirements to calculate such indicators; (c) criteria and procedures to set performance targets at the level of infrastructure managers; (d) procedures to monitor and review the elements in points (a), (b) and (c), as well as the implementation of corrective measures and the achievement of the performance targets. 6. The European framework for performance review shall be updated when necessary to take into account the experience of operational stakeholders as well as the activities of ENIM. When the European framework for performance review is updated, ENIM shall consult the ERP and operational stakeholders, and shall submit a draft to the ENRRB for recommendation, in accordance with paragraphs 3 and 4. 7. When exercising its powers in relation to the network statement in accordance with Article 56(1) and (2) of Directive 2012/34/EU, the regulatory body shall take into account the recommendation on the European framework for performance review adopted by the ENRRB, in accordance with paragraph 4 and without prejudice to the principle of independence of regulatory bodies. 8. The Commission is empowered, in accordance with Article 74, to adopt implementing acts setting out the European framework for performance review. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).