The Channel Tunnel (International Arrangements) Order 2005

Article 3 Access and Transit Rights

3.—(1) International groupings shall have access and transit rights through the Common Section, on equitable and non-discriminatory conditions, for the provision of international transport services between the Member States where the railway undertakings constituting the groupings are established.

(2) Railway undertakings established or to be established in a Member State shall have access and transit rights through the Common Section, on equitable and non-discriminatory conditions, for the purpose of the provision of international combined transport goods services or international freight services.

(3) Access and transit rights through the Common Section include, for any railway undertaking or international grouping, the right to the following minimum access package—

(a) handling of requests for infrastructure capacity;

(b) the right to utilise capacity which is granted;

(c) use of running track points and junctions in the Common Section;

(d) train control including signalling, regulation, dispatching and the communication and provision of information on train movements; and

(e) all other information required to implement or operate the service for which capacity has been granted.

(4) Access and transit rights through the Common Section also comprise—

(a) use of the electrical supply system for traction current;

(b) access to any installation intended to receive rail-borne freight that the Principals decide, in accordance with Article 1.2 of the Treaty, forms part of the Fixed Link;

(c) shunting in the event of technical breakdown; and

(d) access to the emergency sidings in the event of an incident.