4.4 FRAMEWORK AGREEMENT REQUEST AND CAPACITY ALLOCATION PROCESS [NEW

- delays > 10' on the entire path, for more than 10 consecutive days.

In all other cases, the IM communicates the estimated delay below the thresholds described above by means of a specific note to the RUs, attributing responsibility for the delay according to the causes provided for in the procedures in force. 12. The IM - in the event of large-scale urgent works for security purposes - may make the infrastructure temporarily unavailable while notifying, where possible, the RU with at least 7 days' notice. 13. When the need to perform works is due to unexpected or force majeure events, requiring the taking of immediate actions that cannot be postponed, and as a result of which it is necessary to change the paths set out in the relevant agreements, the IM shall provide information to the RU on the matters set out in point 8 above, with as much advance notice as possible in respect of the commencement date of the works. 14. The IM shall notify the RUs, via a registration in the PIC platform, of the deterioration of the rail infrastructure such as to entail a reduction of the capacity of the lines or facilities or such as to generally cause the trains to reduce their speed. 15. In the event of anomalous situations, the IM shall provide information relating to the conditions of the infrastructure and the situation of the train services, at both the departure of the trains from the facility/station, and during the journey, and, at the request of the RU and - where permitted by the instruments of the IM - the position of the trains themselves.

4.4 FRAMEWORK AGREEMENT REQUEST AND CAPACITY ALLOCATION PROCESS [NEW]

4.4.1 Schedule for Capacity Requests for the purpose of the Framework Agreement [ex 4.3.1] (updated in December 2022)

All requests for the conclusion or amendment of a Framework Agreement shall be sent to the IM within 15 months from the start of the first useful working timetable, on the basis of the characteristics envisaged in the format included in Appendix 1 to this chapter, under penalty of rejection of the request. After this date the requests shall be processed by the IM according to the following timeline:

Any framework capacity requests received beyond the indicated deadline (x-15) shall be processed in connection with the next framework capacity allocation process. The Infrastructure Manager takes into account, prior to the conclusion or amendment of a Framework Agreement, the elements referred to in Regulation 2016/545/EU, art. 6, paragraph 1. Following the conclusion of the Framework Agreement, the capacity allocated thereunder shall be made available from the first useful timetable period, i.e. the one coming into effect at least 9 months after the date of signing of the Framework Agreement, in order to enable the Applicant (other than a RU) or the RU operating the service to submit a request for the train paths for the capacity set out in the Framework Agreement, in accordance with the schedule set out in paragraph 4.5.1 below.

The request for capacity for the purpose of concluding a Framework Agreement may be submitted to the IM up to a maximum of 5 years from the scheduled start of the service, if any of the following circumstances occur: a. the Framework Agreement is a prerequisite for financing the rolling stock needed to operate the service; b. there is the need to complete the type approval process regarding the rolling stock referred to in letter a; c. the scheduling of the services stipulated in the request is strictly related to the activation of new infrastructures (railway lines, stations, terminals, connections); d. the scheduling of the services stipulated in the request is related to the transport activities provided in a public service contract.

4.4.2 Framework capacity allocation process [ex 4.4.1]

4.4.2.1 Limitations to the allocation of framework capacity [ex 4.4.1.1]

The capacity that can be assigned under a Framework Agreement, or a set of Framework Agreements, cannot exceed 85% of the total capacity associated with each section and time slot. The capacity allocated under Framework Agreements, by time slot and line section, is shown in the ePIR portal. The capacity values are calculated based on the characteristics of the infrastructure and the traffic heterotachy level, applying the following formula: Commercial hourly capacity = Theoretical hourly capacity/K where the theoretical hourly capacity = 60/d, with d being the minimum headway between one train and the next, in the given section. Where K expresses the level of heterotachy resulting from the amount of traffic on the line.

4.4.2.2 Coordination process in the framework capacity allocation procedure [ex 4.4.1.2]

In the event of a conflict arising between the Framework Agreements already concluded and new requests for the conclusion or amendment of a Framework Agreement, in accordance with Article 9 of Regulation (EU) 2016/545, the IM shall perform a first round of coordination aimed at reconciling the requests as far as possible in line with the provisions of Article 46, paragraphs 3 and 4 of Directive 2012/34/EU. This procedure shall be started by the IM after notifying the Applicants of the proposed framework capacity (X-13) and completed at the expiry of the deadline for the presentation of observations by the Applicants (X-12). After hearing the applicants concerned, in order to reconcile the conflicting requests, the IM will transmit the following information to the parties concerned:  framework capacity requested by all Applicants on the same paths (in case of conflict between new applications);  framework capacity allocated to all other Applicants on the same paths (in case of conflict between new applications and already signed framework agreements);  proposed alternative framework capacity on relevant paths;  detailed description of the criteria used in the framework capacity allocation procedure. This information will be provided on the basis of commercial confidentiality of the information, unless the persons concerned have consented to it. On delivery of the framework capacity proposal, IM shall communicate, together with the harmonised capacity, the alternative proposals subject to the coordination procedure.

If, following the first round of coordination, it proves impossible to reconcile the existing Framework Agreements and the requests for new Framework Agreements or for the amendment of new Framework Agreements, the IM shall perform a second round of coordination pursuant to Article 10, paragraph 5 of Regulation 2016/545/E, and apply the priority criteria of section 4.6.2 with a view to arriving at a further proposal for the allocation of framework capacity for new Applicants and any existing Framework Agreement holders. This last phase will end one month before the communication to the Applicants of the final proposal for framework capacity (X-11) by the IM.