(a)a provision contained in any instrument made for the purpose of implementing—
(i) Council Directive 1995/18/EC dated 19th June 1995 on the licensing of railway undertakings, or
(ii) Chapter III of Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast), or
(b) any action taken by an EEA State for that purpose. ]
(2) In this paragraph, “ EEA State ” means a member State, Norway, Iceland or Liechtenstein. ]
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