Article 26

Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification · European Union

Capacity enhancement plan 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: the reasons for the congestion; the likely future development of traffic; the constraints on infrastructure development; the options and costs for capacity enhancement, including likely changes to access charges. It shall also, on the basis of a cost benefit analysis of the possible measures identified, determine what action shall be taken to enhance infrastructure capacity, including a calendar for implementation of the measures. The plan may be subject to prior approval by the Member State. 3. The infrastructure manager shall cease to levy any fees which are levied for the relevant infrastructure under Article 7(4) in cases where: he does not produce a capacity enhancement plan; or he does not make progress with the action plan identified in the capacity enhancement plan. However, the infrastructure manager may, subject to the approval of the regulatory body referred to in Article 30 continue to levy those fees if: the capacity enhancement plan cannot be realised for reasons beyond his control; or the options available are not economically or financially viable.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-29 · Text as adopted (Official Journal); later amendments are not incorporated in this text.