1.Infrastructure managers may introduce a malus for railway undertakings running noisy trains.
2.Malus shall be applicable to each noisy train.
3.The total sum of malus paid over the duration of the scheme shall not be higher than the sum of bonuses referred to in Articles 4, 5 and 6.
4.Infrastructure managers shall be allowed not to apply paragraph 3 if similar charging of cost of noise is applied to road freight transport in accordance with Union law in the Member State concerned.
5.By derogation from Article 3 Member States may decide to continue to apply or introduce a malus after the end of the duration of the scheme under condition that a similar measure is applied to road freight transport sector in accordance with Union law.
6.When deciding to introduce the malus and setting its level, the infrastructure manager may, as appropriate and after consulting the relevant stakeholders, take into account the sensitivity of the area affected by rail freight traffic, in particular the size of population affected and its exposure to rail noise along the railway line.