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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.