Capacity-friendly behaviour is of key importance for the implementation of the TTR process. A capacity gain through the new processes of TTR is only possible, if the sector can steer this behaviour both on RU and IM side. This means that RUs order only the amount of capacity they really need, and that IMs can reliably ensure that track works (Temporary Capacity Restrictions/TCRs) are coordinated in a way that the maximum of capacity is available.
More specifically, the TTR and commercial experts have identified the following process elements that require steering through commercial conditions:
- Path cancellation by applicant
- Non-usage of a path by applicant
- Path cancellation by IM
- Change of paths by applicant (‘Path modification’)
- Change of paths by IM (‘Path alteration’)
Although the TTR Commercial Conditions project does not intend to harmonise the monetary aspect of these processes, it aims to have the same set of rules applied by all IMs.
This vision faces certain challenges, as no commonly applicable European commercial conditions have ever been introduced. Hence, the various national commercial conditions will have to be adapted accordingly. In some cases, IMs are not entirely or not at all in charge of drafting these commercial conditions, which adds complexity.
To overcome these obstacles, the TTR Commercial Conditions project has conducted a market research survey among the members of RNE, FTE and ERFA. Based on the results, a first draft set of commercial conditions was provided.
The rail sector is aware of the challenges, which in case of RUs are market uncertainties and high competition pressure and for IMs a lack in planning stability for TCRs related to different causes (e.g. late allocation of financial support, longer procurement processes, environmental pre-checks, approval by authorities etc). RNE is therefore working together with all sector stakeholders, as well as the EU Commission, to meet these challenges and ensure a successful and transparent implementation of commercial conditions in Europe.