Article 74 — Implementing acts relating to the monitoring of the European frameworks

1. The Commission shall adopt, no later than 18 months from the date when ENIM is to adopt the relevant framework, an implementing act setting out the European frameworks referred to in Articles 7, 46 and 52, or elements thereof, in the following cases: (a) where ENIM fails to adopt the European framework on capacity management, or elements thereof, referred to in Article 7, by 12 December 2027; (b) where ENIM fails to adopt the European framework for the coordination of cross-border traffic management, disruption management and crisis management, or elements thereof, referred to in Article 46, by 12 April 2028; (c) where ENIM fails to adopt the European framework for performance review, or elements thereof, referred to in Article 52, by 12 August 2028. 2. The Commission shall adopt an implementing act setting out the European frameworks, or elements thereof, referred to in Articles 7, 46 and 52, no later than 12 months after the publication of the Advisory Performance Panel report, where the Commission concludes, taking into account the Advisory Performance Panel report referred to in Article 73, that: (a) the common tools, methodologies and procedural arrangements, as set out in the European framework on capacity management, are inadequate to meet their intended objectives and to ensure the management of railway infrastructure capacity or the coordination between infrastructure managers and other operational stakeholders; (b) the common tools, methodologies and procedural arrangements, as set out in the European framework for the coordination of cross-border traffic management, disruption management and crisis management, are inadequate to meet their intended objectives and to ensure cross-border traffic management between infrastructure managers, railway undertakings and other operational stakeholders; (c) the common tools, methodologies and procedural arrangements, as set out in the European framework for performance review, are inadequate to meet their intended objectives and to ensure performance review of the infrastructure managers falling under this Regulation; (d) the European framework for capacity management is not sufficient to ensure the uniform conditions for the implementation of this Regulation; or the European framework for coordination of cross-border traffic management, disruption management and crisis management is not sufficient to ensure the uniform conditions for the implementation of this Regulation; or the European framework for performance review is not sufficient to ensure the uniform conditions for the implementation of this Regulation; or (e) ENIM did not sufficiently address within the three-month deadline the shortcomings identified by the Advisory Performance Panel in the report referred to in Article 73(2). 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2). 4. In the preparation of the draft implementing acts, the Commission shall take into account the work of ENIM and the report from the Advisory Performance Panel, where available.