The Channel Tunnel (International Arrangements) Order 2005

Article 12 Regulatory Body

12.—(1) An international grouping or railway undertaking exercising or seeking to exercise access or transit rights through the Common Section shall have a right of appeal to the Intergovernmental Commission if it believes that it has been unfairly treated, discriminated against or is in any other way aggrieved, and in particular against decisions adopted by the infrastructure manager or, where appropriate, the railway undertaking, concerning—

(a) the network statement;

(b) the criteria contained within it;

(c) the allocation process and its result;

(d) the charging scheme;

(e) the level or structure of infrastructure fees which it is, or may be, required to pay; and

(f) the enforcement and monitoring of safety rules.

(2) For the purpose of carrying out this appeal function the Intergovernmental Commission may call upon such bodies or experts appointed for that purpose, in conformity with article 10.7 of the Treaty.

(3) The Concessionaires and other interested parties shall supply to the Intergovernmental Commission, without undue delay, all relevant information requested by that body. In particular, the Concessionaires shall supply to the Intergovernmental Commission all the information necessary to enable that body to ensure that charges set by the Concessionaires are compliant with Chapter II of Directive 2001/14/EC and are non-discriminatory.

(4) The Intergovernmental Commission shall take a decision and take action to remedy the situation within a maximum period of two months from receipt of all relevant information about an appeal or complaint. Notwithstanding article 12.5, a decision of the Intergovernmental Commission shall be binding on all parties covered by that decision.

(5) Decisions of the Intergovernmental Commission shall be subject to judicial review by the competent authorities of either France or the United Kingdom. The lodging of an appeal before the authorities of one State precludes the presentation of a second claim on the same count before the authorities of the other State.

(6) For the purpose of monitoring competition in the rail services market, in so far as it relates to the Channel fixed link, the Intergovernmental Commission, without prejudice to the national laws of the Principals on competition policy, may call upon such bodies or experts appointed for that purpose, in conformity with article 10.7 of the Treaty.