Recital (38)

In order to ensure a smooth process of capacity and traffic management for international rail services, minimise cancellations of allocated capacity and interruptions in rail operations due to disruptions on the rail network and in order to take into account developments in the practices of infrastructure managers and the use of new methods of capacity allocation and information and communication technologies, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of certain elements of the deliverables resulting from the strategic capacity planning; the schedule for the strategic capacity planning and the capacity allocation process; the duration for changes to allocated capacity and the construction of alternative solutions for applicants; certain elements related to schedule for coordination, consultation and publication of capacity restrictions resulting from railway infrastructure works; the thresholds for capacity utilisation of highly utilised and congested railway infrastructure; the adjustment of the levels of penalty to the inflation and the information to be provided to operational stakeholders. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.