The Channel Tunnel (International Arrangements) (Amendment) Order 2009

ARTICLE 8 Framework Agreements

8.1.  The Concessionaires may agree with any railway undertaking or international grouping a framework agreement covering a number of years, setting out the characteristics of the infrastructure capacity required by the railway undertaking or the international grouping and offered by the Concessionaires over any period exceeding one timetable period. A framework agreement shall not specify the path or paths in detail but be drawn up so as to meet the legitimate commercial needs of the railway undertaking or the international grouping.

8.2.  A framework agreement shall in principle be for a period of five years, renewable for periods equal to its original duration. The Concessionaires may agree to a shorter or longer period. Any period longer than five years shall be justified by the existence of commercial contracts, specialised investments or risks.

8.3.  For services using specialised infrastructure as designated under Article 24 of Directive 2001/14/EC and which require substantial and long-term investment, duly justified by the railway undertaking or the international grouping, framework agreements may be for a period of 15 years. Any period longer than fifteen years shall be possible only in exceptional cases, in particular where there is large-scale, long-term investment, and particularly where such investment is covered by contractual commitments including a multi-annual amortisation plan. In these cases, the railway undertaking or the international grouping may call for detailed definition of the capacity characteristics – including the frequency, volume and quality of train paths – which are to be provided for the duration of the framework agreement. The Concessionaires may reduce reserved capacity which, over a period of at least one month, has been used less than the threshold quota provided for in the Network Statement, in accordance with Article 9.5(c).

8.4.  The framework agreement shall not be such as to preclude the use of the Fixed Link by other railway undertakings or services.

8.5.  The framework agreement shall allow for the amendment or limitation of its terms to enable better use to be made of the Fixed Link.

8.6.  The framework agreement may include provision for penalties should it be necessary to modify or terminate the agreement.

8.7.  Whilst respecting commercial confidentiality, the general nature of each framework agreement shall be made available to any interested party.