8.—(1) The Concessionaires may agree with any railway undertaking or international grouping a framework agreement covering a number of years, setting out the characteristics of the infrastructure capacity required by the railway undertaking or international grouping and offered by the Concessionaires over any period exceeding one timetable period. A framework agreement shall not specify the path or paths in detail but be drawn up so as to meet the legitimate commercial needs of the railway undertaking or international grouping.
(2) A framework agreement shall in principle be for a period of five years. The Concessionaires may agree to a shorter or longer period. Any period longer than five years shall be justified by the existence of commercial contracts, specialised investments or risks. Any period longer than ten years shall be possible only in exceptional cases, in particular where there is large-scale, long-term investment, and particularly where such investment is covered by contractual commitments.
(3) The framework agreement shall not be such as to preclude the use of the infrastructure by other applicants or services.
(4) The framework agreement shall allow for the amendment or limitation of its terms to enable better use to be made of the railway infrastructure.
(5) The framework agreement may include provision for penalties should it be necessary to modify or terminate the agreement.
(6) Whilst respecting commercial confidentiality, the general nature of each framework agreement shall be made available to any interested party.