98Directive 2001/14 contains specific provisions designed to provide incentives for the efficient use of infrastructure capacity while at the same time ensuring fair and non-discriminatory access to the rail network, as the Advocate General observed at point 97 of his Opinion. By way of example, Article 27(2) of the directive provides that it is possible for the infrastructure manager to specify conditions whereby it will take account of previous levels of utilisation of train paths in determining priorities for the capacity allocation process. In the same vein, Article 12 of the directive provides that the infrastructure manager may levy a reservation charge for capacity that has been requested but not used in order to provide incentives for efficient use of infrastructure capacity.