Article 7 — European framework for capacity management

1. By 12 December 2027, ENIM shall develop and adopt a European framework for capacity management, in accordance with the provisions of Article 4 and Chapter II, laying down common tools, methodologies and procedural arrangements for the management of railway infrastructure capacity and for the coordination between infrastructure managers and other operational stakeholders. Infrastructure managers shall take the utmost account of those common tools, methodologies and procedural arrangements for the management of railway infrastructure capacity. 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 capacity management. In the network statement they shall explain the reason for any deviation from the common tools, methodologies and procedural arrangements established in the European framework for capacity management. 3. ENIM shall publish a draft of the European framework for capacity management for the purpose of consulting the European Railway Platform (the ERP) and operational stakeholders. The ERP and operational stakeholders may submit their replies to the consultation within three months after the publication of this draft. 4. ENIM shall submit the final draft of the European framework for capacity management to the European Network of Rail Regulatory Bodies (the ENRRB) by 12 June 2027. The ENRRB shall submit a recommendation to ENIM on the European framework for capacity management within three months of receipt of the draft prepared by ENIM. ENIM shall take the utmost account of this recommendation when adopting the European framework for capacity management. 5. The European framework for capacity management shall include at least the elements listed in Annex III and 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 capacity management is updated, ENIM shall consult the ERP and operational stakeholders, and submit the final draft to the ENRRB for recommendation, in accordance with paragraphs 3 and 4 of this Article. 6. 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 capacity management adopted by the ENRRB, in accordance with paragraph 4 of this Article and without prejudice to the principle of independence of regulatory bodies. 7. The Commission is empowered, in accordance with Article 74, to adopt implementing acts setting out the European framework for capacity management, as referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).