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PART 1GENERAL

Scope

4.—(1) Subject to paragraph (2), these Regulations apply in relation to the licensing of railway undertakings which provide train services and are established or to be established in an EEA State.

(2) These Regulations do not apply in relation to a railway undertaking whose activity is limited to any of the following—

(a)operating rail passenger services on local and regional stand-alone railway infrastructure;

(b)operating urban or suburban rail passenger services;

(c)the provision of regional rail freight services that are not covered by the scope of Council Directive 91/440/EEC dated 29th July 1991 on the development of the Community’s railways(1);

(d)carrying out freight operations on privately owned railway infrastructure that exists solely for use by the infrastructure owner for its own freight operations; or

(e)providing shuttle services for road vehicles through the Channel Tunnel.

(1)

O.J. L 237, 24.8.1991, p.25.