On 29 October 2020, Infrabel asked the Regulatory Body for an opinion on the capacity agreement. This request for an opinion concerned specifically the obligation for the non-railway undertaking candidates to have their liability covered by an insurance contract. On March 9, 2021, the Regulatory Body issued the opinion called “opinion no. A-2021-02-S capacity agreement”. Taking into account that the insurance aspect cannot be separated from the liabilities arising from the rights and obligations of the parties, the opinion of the Regulatory Body concerns the entire capacity agreement. The opinion examines whether the provisions of the capacity agreement are in accordance with the legislation and with the measures imposed by decision D-2018-10-C. It was also examined which elements could be improved in terms of efficiency, transparency and balance between the parties. The opinion resulted in some twenty-five recommendations to Infrabel.
