CHAPTER IV

LEVYING OF CHARGES FOR THE USE OF RAILWAY INFRASTRUCTURE AND ALLOCATION OF RAILWAY INFRASTRUCTURE CAPACITY
SECTION 3

Allocation of infrastructure capacity

Capacity-enhancement plan
Article 51
1
Within six months of the completion of a capacity analysis, the infrastructure manager shall produce a capacity-enhancement plan.
2
A capacity-enhancement plan shall be developed after consultation with users of the relevant congested infrastructure.
It shall identify:
a
the reasons for the congestion;
b
the likely future development of traffic;
c
the constraints on infrastructure development;
d
the options and costs for capacity enhancement, including likely changes to access charges.
On the basis of a cost benefit analysis of the possible measures identified, it shall also determine the action to be taken to enhance infrastructure capacity, including a timetable for implementing the measures.
The plan may be subject to prior approval by the Member State.
3
The infrastructure manager shall cease to levy any charges for the relevant infrastructure under Article 31(4) in cases where:
a
it does not produce a capacity-enhancement plan; or
b
it does not make progress with the actions identified in the capacity enhancement plan.
4
Notwithstanding paragraph 3 of this Article, the infrastructure manager may, subject to the approval of the regulatory body referred to in Article 55, continue to levy the charges if:
a
the capacity-enhancement plan cannot be realised for reasons beyond its control; or
b
the options available are not economically or financially viable.