Article 8 — Applicants

1. Applicants shall make requests for railway infrastructure capacity. In order to use such railway infrastructure capacity, applicants which are not railway undertakings shall appoint a railway undertaking. The railway undertaking shall conclude an agreement with the infrastructure manager in accordance with Article 28 of Directive 2012/34/EU. The conclusion of such an agreement by the railway undertaking is without prejudice to the right of applicants to conclude framework agreements with infrastructure managers under Article 33 of this Regulation. 2. The infrastructure manager may set requirements with regard to applicants to ensure that its legitimate expectations about future revenues and utilisation of the railway infrastructure are safeguarded. Such requirements shall be appropriate, transparent and non-discriminatory. They may only include the provision of a financial guarantee that does not exceed an appropriate level which is proportional to the expected level of activity of the applicant and assurance of the capability to prepare compliant bids for railway infrastructure capacity. Those requirements shall be specified in the network statement in accordance with Annex V, point (2)(c). 3. The Commission may adopt implementing acts setting out the details of the criteria to be followed for the application of paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 76(2).