The legal analysis focused on the innovative features of TTR, namely:
- Capacity partitioning in the capacity model and safeguarding of capacity
- The new type of request Rolling Planning, incl. the multi-annual aspect of Rolling Planning
- The timeframe for answering requests
The group of legal experts thus considers the following pieces of legislation as relevant for the TTR project:
- Directive 2012/34/EU, in particular
- Article 26 (principle of optimum effective use of capacity)
- Section 3 of Chapter IV (capacity allocation rules)
- Annex VII (schedule for capacity allocation)
- Implementing Regulation 2016/545/EU on framework agreements
- Regulation (EU) 913/2010
- in particular provisions on reserve capacity and framework for capacity allocation (FCA)
- National law/frameworks for capacity allocation
Preliminary Conclusions for Full TTR Rollout
It was found that TTR can only partly be implemented in the current legal framework. As the existing legal framework reflects current timetabling processes, some shortcomings have been identified, which might result in a high degree of legal uncertainty when TTR is implemented fully.
These shortcomings could be addressed by complementing the provisions of Annex VII to Directive 2012/34/EU as
- TTR supplements and streamlines the deadlines in the allocation process schedule;
- Annex VII already contains parts originally delivered by TTR (i.e. rules on TCRs);
- With this pragmatic approach, the main body of the Directive stays untouched.
Conclusions for the TTR Pilots
Some TTR components will first be piloted on selected parts of RFCs. The experience gained during the pilot phase will constitute important input for any legislative changes that may be required to enable the full rollout of TTR.
For timetable 2020, the IMs participating in the pilots have created a capacity model, containing capacity safeguarded for Rolling Planning Requests. In order to ensure a fair and non-discriminatory capacity allocation process during the pilot phase, all RUs (passenger and freight) operating on the lines concerned have been invited to actively participate in the pilot. Specific provisions have been included into the Framework for Capacity Allocation (FCA) to enable the use of reserve capacity as Rolling Planning capacity. The capacity safeguarded for Rolling Planning Requests was published in January 2019 (X-11).
The complete legal evaluation is available for download here.