Article 68 — Cooperation of regulatory bodies within the ENRRB

1. For the purpose of fulfilling their responsibilities pursuant to this Regulation, the regulatory bodies shall cooperate in the framework of the ENRRB established under Article 57(1) of Directive 2012/34/EU, including through joint consultations and investigations, by adopting opinions or recommendations or through other relevant activities. Regulatory bodies shall provide all the required information to the ENRRB in accordance with paragraph 6 of this Article. When acting within the scope of this Regulation, the ENRRB shall have the tasks and responsibilities and organise its work as set out in this Section. 2. In the case of a complaint or an own-initiative investigation on a matter falling within the scope of this Regulation and affecting the access to or the use of rail networks in more than one Member State, the regulatory body concerned shall inform the ENRRB and the Commission of the complaint or the investigation. 3. A regulatory body may transmit any relevant matter, complaint or investigation to the ENRRB for an exchange of views or for the adoption of an opinion or recommendation. 4. When taking decisions on matters falling within the scope of this Regulation and affecting the access to or the use of rail networks in more than one Member State, the regulatory bodies concerned shall cooperate under the coordination of the ENRRB in order to ensure the consistency of their respective decisions. For that purpose, the regulatory bodies concerned shall carry out their functions in accordance with paragraph 1 of this Article and Article 56 of Directive 2012/34/EU. They shall take into account any relevant opinion and recommendation adopted by the ENRRB and shall provide these decisions to the ENRRB. 5. Where a regulatory body adopts a decision which departs from any relevant opinion or recommendation of the ENRRB or where it refuses to adopt a decision, it shall provide to the ENRRB an explanation, setting out the differences and its reasoning for not following the opinions or recommendations of the ENRRB, and include the relevant explanation in its decision. 6. The regulatory bodies consulted by the ENRRB shall reply within the deadlines set by the ENRRB and, upon the latter’s request, shall provide all the information that they have the right to request under their national law. That information may only be used for the purpose of the activities carried out by the regulatory bodies in accordance with this Regulation. 7. Infrastructure managers shall provide, without delay, all the information necessary for the purpose of handling the complaint or investigation referred to in this Article and requested by the regulatory body of the Member State in which the infrastructure manager is located. Regulatory bodies shall have the right to request information from ENIM on investigations within their competence. Regulatory bodies shall be entitled to transfer such information to the ENRRB. 8. Rail regulatory bodies shall provide the necessary resources for the functioning of the ENRRB.