4.5 PATH ALLOCATION PROCESS [NEW

If at the end of the second coordination phase, the IM framework capacity proposals are not accepted by one or more of the stakeholders, the IM will:  request each of the parties to the existing Framework Agreements to return a part of the capacity indicated in Schedule A, with specific reference to the sections and time slots concerned by the new entrant’s request from the proposal for secondary coordination, if the non-acceptance comes from an existing Framework

Agreement holder  reject the application for a new Framework Agreement if the rejection comes from an applicant for a new

Framework Agreement. In both of the above cases, the IM shall declare the section of infrastructure concerned to be saturated, in accordance with the provisions of Article 47 of Directive 2012/34/EU, and shall notify the ART and the companies concerned.

4.5 PATH ALLOCATION PROCESS [NEW]

4.5.1 Schedule for Path/Service Requests for the 10 December 2023 – 14 December 2024 Timetable Period [part of ex 4.3.2] (updated in December 2022)

Applicants may submit train path/service requests to the IM for the next timetable period starting one month prior to the date of launching of the allocation process. These requests, however, are handled according to different procedures, according to whether they were received before or after the deadline marking the inception of the allocation process, which shall be fixed at least 8 months prior to the date the timetable comes into force. Requests submitted by Applicants within the deadline set out in this paragraph shall be handled by the IM from the first working day after the deadline and beginning with the requests submitted in accordance with the applicable framework agreements. Requests submitted as a result of any needs accruing after the deadlines referred to in this paragraph shall be processed and allocated only after the resolution of all requests submitted in accordance with such previous deadlines and in any case in chronological order. The IM can re-plan an assigned train path if re-planning is necessary to reconcile as effectively as possible all requests concerning train paths and if it is approved by the applicant to which the path was assigned. The allocation of the train paths and ancillary services requested within the 11/04/2023 shall be made according to the following schedule:

The IM shall notify to the undertakings the progress of the timetable design process 60 days after the presentation of any observations by the RUs, with regard to the draft timetable transmitted in July, limitedly to the paths that: a) are not concerned by any observations regarding the draft timetable of July; b) are concerned by observations within the established deadline for observations to the draft timetable of July; Acceptance of the final timetable – which must be notified by the RU within 5 calendar days from the notice by the IM – shall entail:

Timescale for planning the Timetable valid from 10 December 2023 to 14 December 2024

a) for the applicant (other than a RU), the obligation to appoint a RU to provide the service on its behalf, failing which the provisions set out in paragraphs 5.6.3.1 shall apply; b) for a RU, to enter into the access contract, failing which the provisions set out in paragraph 5.6.3.2 shall apply. The conclusion of the contract shall represent the formal deed of allocation of the train paths.

4.5.2 Late applications [new + part of ex 4.3.2] (updated in December 2022)

Applications for paths received between 12/04/2023 and 16/10/2023 (so-called Late Applications) will be processed as follows:

Requests for train paths received from 17/10/2023 will be processed from the sixteenth day after the timetable is implemented, as requests during the current timetable period.

4.5.3 Intermediate adjustment and applications during the period [new]

4.5.3.1 Schedule for Path/Service Requests for Intermediate Adjustment [ex 4.3.3] (updated in December 2022)

The allocation of train paths in respect of any intermediate adjustments of the timetable for passenger services in force is based on the schedule as follows:  the deadline for submitting requests for train paths and services shall be fixed at least 4 months prior to the date of adjustment, which shall be communicated in accordance with the procedure described in paragraph 4.2;  within 30 days from the deadline for submission, the IM shall consult interested parties about the draft working timetable and allow Applicants at least 15 calendar days to present their views, which shall be taken into account when allocating the infrastructure capacity;  in the event any observations are submitted by the RUs, the IM shall prepare the final draft timetable within 60 calendar days from the effective date of the intermediate adjustment. Requests relating to the intermediate adjustment submitted by Applicants beyond the deadline established in this paragraph shall be handled by the IM from the first working day after the deadline and beginning with the requests submitted in accordance with the applicable framework agreements. Requests for train paths submitted by the RU after the set deadline and by the date of transmission of the final project will be processed after the final timetable has been delivered. The IM shall either define the train paths or refuse a request by 30 calendar days after the entry into force of the timetable adjustment. The requests for train paths presented by the RUs beyond the date of transmission of the final timetable project will be entered on time starting from the eighth day after the activation of the intermediate adjustment. The conclusion of the contract, unless previously concluded, shall represent the formal deed of allocation of the train paths.

4.5.3.2 Schedule for Working Timetable [ex 4.3.4] (updated in December 2022)

Requests in connection with the annual timetabling process

Subject to the provisions relating to intermediate adjustment, requests for train paths/services in the applicable working timetable period shall be submitted:

 at least 30 working days prior to the date of performance of the service, in the case of requests for more than two paths (excluding connected technical paths requested at the same time as commercial ones). The definition of the draft timetable, or the rejection of the request by the IM, shall generally be made within 18 working days from the receipt of the request;  at least 15 working days prior to the start of the train path/service, if the request concerns up to two paths (excluding connected technical paths requested at the same time as commercial ones), or for trial runs in connection with type approval or line testing processes, and provided that the RU has already entered into access contracts for similar services as well as for applications relating to the cancellation of already assigned paths/services involving a change in the station commitment at the affected stations. In this case, the acceptance or rejection of the paths by the IM shall be made within 7 working days from the date of receiving the request relating to the draft timetable;  at least 5 business days before the planned date for implementation of the measure for applications regarding the cancellation of train paths/services that have already been assigned and that do not involve a change in the station commitment at the stations concerned.

Short notice requests

Train path requests Short notice requests for train paths shall be possible only within the framework of a valid contract, subject to consistency with the guidelines stipulated in the Safety Certificate, and they shall be submitted by the accredited

contacts of the RU party to the contract to the accredited contacts of the IM, operating on the ground and unequivocally identified in the Access Contract, in accordance with the schedule as follows: • between 4 calendar days and 6 hours prior to the departure of the train, in the case of “long-distance” paths; • between 4 calendar days and 3 hours prior to the departure of the train, in the case of “short-distance” paths; • in real time, in the case of emergencies (including those related to public order).

The IM shall reply according to the schedule as follows: • within 12 hours from receiving the request and, in any case, at least 5 hours prior to the departure of the train, in respect of operating management requests for “long-distance” paths; • within 12 hours from receiving the request and, in any case, at least 2 hours prior to the departure of the train, in respect of operating management requests for “short-distance” paths; • promptly, in respect of real-time operating management requests.

Handling access requests

Requests for further train paths/services relating to the applicable working timetable period, or for operating management, shall be handled and allocated in order of presentation and granted each time in accordance with the available capacity. As a rule, operating management requests for the same train path cannot be re-submitted for more than 5 times a month.

4.5.4 Path allocation process [ex 4.4.2]

Regarding the path and service allocation process, the IM shall operate to ensure, as far as possible, that all requests are satisfied, including those relating to paths on lines belonging to more than one network. In this process, the IM shall take into account, as far as possible, the constraints relating to the Applicants, including those of a financial nature affecting their operations.

4.5.4.1 Harmonisation process [ex 4.4.3]

1. The IM, in order to ensure the effective and best possible use of the rail infrastructure, taking into account the commercial functions of the services and, in any case, confirming the stipulations set out in the concluded Framework Agreements, shall develop the draft timetable by applying the flexibility margins, if necessary and involving the RUs concerned, with respect to the draft timetable requested for each train path, in the measure of no more than:

a) ± 15 minutes for long-distance passenger services; b) ± 15 minutes for regional passenger services provided by local authorities;