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.