The Channel Tunnel (International Arrangements) Order 2005

5.—(1) The Concessionaires shall develop, publish, keep up to date and modify as necessary a network statement for the Fixed Link (“the Network Statement”) in accordance with Article 3 and Annex 1 to Council Directive 2001/14/EC. The Concessionaires shall give timely notice to international groupings and railway undertakings operating services through the Fixed Link of any major changes to the quality or capacity of the infrastructure.

(2) The Network Statement shall contain all the information necessary to exercise access and transit rights through the Fixed Link, in particular—

(a) a description of the nature of the infrastructure which is available to railway undertakings and international groupings and the conditions of access and transit in the Fixed Link;

(b) the principles and criteria for capacity allocation, setting out the general characteristics of the infrastructure and any restrictions relating to its use, including likely capacity requirements for maintenance;

(c) the procedures and deadlines for the capacity allocation process, in particular—

(i) the procedures according to which applicants may request capacity from the infrastructure manager;

(ii) the requirements governing applicants;

(iii) the schedule for the application and allocation processes;

(iv) the principles governing the co-ordination process;

(v) the procedures to be followed and criteria used where infrastructure is congested;

(vi) details of restrictions on the use of infrastructure; and

(vii) any conditions by which account is taken of previous levels of utilisation of capacity in determining priorities for the allocation process;

(d) the charging principles and tariffs; and

(e) the measures taken to ensure the adequate treatment of freight services, international services and requests subject to the ad hoc procedure.

(3) The Concessionaires shall consult all the interested parties, including the Intergovernmental Commission, on the draft Network Statement, stating the deadline for the receipt of comments.

(4) The Concessionaires shall finalise the Network Statement and publish it appropriately, no less than four months in advance of the annual deadline for requests for infrastructure capacity.

(5) The Network Statement shall be kept up to date following the same process.