1. Within six months of the completion of a capacity analysis in accordance with Article 24, the infrastructure manager shall establish a capacity-enhancement plan for elements of railway infrastructure declared as congested, in accordance with Article 23.
The capacity-enhancement plan shall identify:
(a) the reasons for the congestion;
(b) the likely future development of traffic;
(c) the constraints on railway infrastructure development;
(d) the options and costs for capacity enhancement, including the measures referred to in Article 24(2) and likely changes to access charges.
On the basis of a cost benefit analysis of the possible measures identified, the capacity-enhancement plan shall also determine the action to be taken to enhance railway infrastructure capacity, including a timetable for implementing the measures.
2. The capacity-enhancement plan shall be established after consultation with users of the relevant congested railway infrastructure in accordance with Article 15.
A Member State may decide that that plan shall be subject to its prior approval.
3. The Member State concerned shall take into account capacity-enhancement plans when renewing the indicative railway infrastructure development strategy referred to in Article 8(1) of Directive 2012/34/EU.
The European Coordinator concerned shall take into account the capacity-enhancement plan in its work plan referred to in Article 53 of Regulation (EU) 2024/1679.
4. Without prejudice to Article 42 of this Regulation, the infrastructure manager shall cease to levy any charges for the relevant railway infrastructure under Article 31(4) of Directive 2012/34/EU in one of the following cases:
(a) the infrastructure manager does not establish a capacity-enhancement plan;
(b) the infrastructure manager does not make progress with the measures identified in the capacity-enhancement plan.
5. Notwithstanding paragraph 4, the infrastructure manager may, subject to the approval of the regulatory body, continue to levy the charges in one of the following cases:
(a) if the capacity-enhancement plan cannot be realised for reasons beyond its control;
(b) if the options available are not economically or financially viable.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.