Article 11 — Capacity restrictions resulting from railway infrastructure work and degraded railway infrastructure

1. Without prejudice to Articles 7, 7a, 7c and 7e of Directive 2012/34/EU, infrastructure managers shall plan railway infrastructure work in accordance with the business plan and with the investment and financial programmes referred to in Article 8(3) of Directive 2012/34/EU. Where amendments to those programmes after the adoption of the business plan affect or are likely to affect the planning of railway infrastructure works, the infrastructure manager shall provide an overview of such amendments and their likely impact in the network statement. 2. When planning railway infrastructure works, the infrastructure manager shall act in accordance with Article 2(4) and Article 3. In particular, the infrastructure manager shall take into account in a balanced way the impact of railway infrastructure works on its own asset management and financial situation as well as the estimated operational and financial impact on all applicants concerned. 3. The infrastructure managers shall consult applicants on the railway infrastructure works in the context of the coordination mechanisms referred to in Article 7e of Directive 2012/34/EU and, as regards cross-border rail services, in accordance with Article 57 of this Regulation. 4. Infrastructure managers shall plan, inform and consult applicants on capacity restrictions resulting from railway infrastructure works sufficiently in advance, taking into account the estimated impact on railway undertakings. For that purpose, infrastructure managers shall respect the schedule and requirements set out in Section 3 of Annex I. 5. For capacity restrictions with a major impact within the meaning of Section 3, point (1), of Annex I, applicants may request the infrastructure manager to provide alternative planning for the capacity restriction with a view to identifying and selecting an option that takes into account the impact on applicants and infrastructure managers in a balanced way. The infrastructure manager shall provide those applicants with an indicative planning of alternative capacity available during the capacity restriction. The indicative planning shall cover both the route affected and alternative routes, where such alternative routes exist including on other networks, and shall be reflected in the capacity model referred to in Article 19 and in the capacity supply plan referred to in Article 20. 6. Infrastructure managers shall take into account and mitigate the impact of railway infrastructure works on cross-border traffic. Infrastructure managers shall coordinate in accordance with Article 55 at least regarding all railway infrastructure works on the railway lines which are part of the European Transport Corridors and any other railway infrastructure work with significant cross-border impact. Coordination shall address in particular the optimisation of the schedule of railway infrastructure works and the provision of alternative capacity on the route affected and on alternative routes as referred to in paragraph 5, second subparagraph, taking into account the operational and commercial needs of applicants. 7. Reductions in the capacity or performance of railway infrastructure below its design values resulting from the degradation of assets, such as reductions in permissible speed or axle load, shall also be considered as capacity restrictions. Such capacity restrictions shall not give rise to penalties pursuant to Article 42, unless this causes a change to the characteristics of an allocated capacity right unknown to the applicant at the time of allocation and this change is categorised as significant, in accordance with Article 41(6). The information obligations set out in Article 10 shall apply to such capacity restrictions. 8. Infrastructure managers shall publish information and consult applicants on planned temporary capacity restrictions, their impact on capacity available for commercial purposes and on alternative capacity as early as possible. 9. The Commission is empowered to adopt delegated acts in accordance with Article 75 to amend Section 3 of Annex I where the elements set out therein have proven ineffective or have led to major difficulties of implementation, or where the sector has developed new and widely accepted best practices, with a view to reducing further the impact of capacity restrictions resulting from railway infrastructure works on rail traffic and the administrative burden for the infrastructure managers, while taking into account planning, operational, technical and commercial considerations of the stakeholders concerned and the experience and opinions of ENIM.