Introduction
In order to ensure the successful implementation of the new capacity management system under the Timetable and Capacity Redesign Programme (TTR) project, it became evident that certain measures were necessary to prevent the inefficient use of rail capacity by all involved stakeholders. Specifically, inefficiencies arise due to:
- Unstable or excessively short-term planning of infrastructure availability, leading to changes in already allocated capacity.
- Capacity being blocked but only partially used—or not used at all—by stakeholders.
Some sets of commercial conditions are already in use across Europe, but they remain subject to strict national rules and lack proper international harmonisation.
Harmonised Commercial Conditions
By introducing harmonised commercial conditions, stakeholders are encouraged to book and use capacity products as efficiently as possible and support effective capacity management. After an intense sector discussion, RNE dedicated task force elaborated the first Guidelines for Harmonized Commercial Conditions, which were adopted by the RNE General Assembly in December 2023.
Although the document was developed by infrastructure management experts, input from applicants and other stakeholders were considered throughout its creation and for the following related activities. Capacity Regulation and new requirements for penalties scheme
On July 2023, the European Commission published a new EU Regulation proposal for the use of rail infrastructure capacity. The draft proposal included specific requirements for commercial conditions, providing a strong legal basis for the creation of a harmonised set of rules on such incentive measures which will form part of the European Framework for Capacity Management.
Many elements of the draft Regulation were already reflected in the guidelines. The key elements of the Commission’s proposal include:
- Reciprocity of the mechanism
- National determination of economic incentives
- Respect for national railway network and traffic specifications
- Consideration of all capacity products, including multinational capacity
As Commercial Conditions Guidelines were subject to constant improvements, RNE worked on elaborating an updated version of the Guidelines, taking into account the new requirements of the upcoming Capacity Regulation. In 2025, the updating process also involved a stakeholder consultation on the draft document.
The RNE task force analysed the inputs received and updated the proposed Guidelines for Harmonised Commercial Conditions following public consultation with stakeholders. The updated Guidelines proposal in tracked changes mode and the report elaborated by the IMs’ experts, are available for download:
The final adoption by the RNE General Assembly was kept on hold due to significant changes of the requirements after the final trialogue of the draft Capacity Regulation in November 2025.
Next steps
RNE is continuously promoting exchanges with all sector stakeholders, as well as the SERAF groups organised by the European Commission, to address challenges and ensure the successful and transparent implementation of commercial conditions across Europe.
The RNE Commercial Conditions task force is working on the update of the document in line with the Regulation requirements and minimum content to be provided by ENIM/Network Coordinator for the European Framework for Capacity Management to support the implementation by Infrastructure Managers (IMs).
Contact
If you have further questions, please feel free to contact the chair of the Commercial Conditions project, Daniele Imbriani.