A total of 12 European rail freight transport associations have issued a joint warning about railway infrastructure capacity management. The group states that although a planned new regulation introduces new plans such as cross-network capacity rights, it lacks binding mechanisms to enforce harmonised cross-border coordination. They argue that the proposed European frameworks for capacity and transport management are neither mandatory nor enforceable under EU law. The frameworks would be developed by infrastructure managers and could be circumvented by Member States under the pretext of strategic advice. Current industry practices already allow for voluntary coordination, but many infrastructure managers have chosen not to use them. Another problem is the lack of legal protection for applicants when infrastructure operators change or cancel capacities. The associations are calling for penalties for infrastructure operators to be applied uniformly and linked to the entire length of cross-network capacity rights, not just to national sections.
