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The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016

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Co-operation in the allocation of infrastructure capacity crossing more than one network

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20.—(1) This regulation applies to the allocation of infrastructure capacity in the form of a train path crossing more than one network of the rail system within the European Union.

(2) Infrastructure managers must –

(a)co-operate to enable the efficient creation and allocation of infrastructure capacity to which this regulation applies, including under a framework agreement, and

(b)before consulting on the draft working timetable in relation to relevant train paths agree with the other relevant infrastructure managers which international train paths are to be included in that draft working timetable.

(3) The international train paths referred to in paragraph (2)(b) may only be adjusted if absolutely necessary.

(4) The infrastructure managers must establish such procedures as are appropriate, in accordance with the requirements set out in these regulations, to enable the co-operation referred to in paragraph (2)(a) to take place, and such procedures must include coordination with representatives of the infrastructure managers whose allocation decisions have an impact on one or more other infrastructure managers.

(5) The procedures established by virtue of paragraph (4) may permit appropriate representatives of infrastructure managers outside the European Union to be associated with these procedures.

(6) The infrastructure managers must inform the European Commission of, and invite representatives to attend, main meetings at which common principles and practices for the allocation of infrastructure crossing more than one network are developed, as an observer.

(7) The infrastructure manager must provide the Office of Rail and Road with sufficient information about the development of common principles and practices for the allocation of infrastructure and from any IT-based allocation systems, to allow it to perform its regulatory supervision.

(8) At any meeting or other activity undertaken to facilitate the allocation of infrastructure capacity across more than one network, decisions may only be taken by representatives of the relevant infrastructure managers.

(9) In acting in accordance with paragraph (2) the infrastructure managers must assess the need for and, where necessary, propose and organise international train paths in such a way as to enable ad hoc capacity for freight services to be granted in accordance with regulation 24.

(10) The prearranged train paths referred to in paragraph (2)(b) must be made available to applicants through any infrastructure manager who participates in the international co-ordination of train paths referred to in this regulation.

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