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The Channel Tunnel (International Arrangements) (Amendment) Order 2009
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ARTICLE 10Congested Infrastructure
10.1. Where the Concessionaires find that it is not possible to satisfy requests for infrastructure capacity, they must immediately declare the infrastructure to be congested, inform the Intergovernmental Commission, and apply the priority criteria set out in the network statement.
10.2. The Concessionaires shall, within six months of the declaration described in Article 10.1, undertake a capacity analysis in accordance with Article 25 of Directive 2001/14/EC, and notify it to the Intergovernmental Commission.
10.3. Following consultation with the users of the infrastructure the Concessionaires shall, within six months of the completion of the capacity analysis described in Article 10.2, produce a capacity enhancement plan in accordance with Article 26 of Directive 2001/14/EC and in conformity with any relevant provisions of the Concession.
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