[F1ARTICLE 6U.K.Exercise of Access Rights
Textual Amendments
F1Sch. content substituted (29.10.2009 except in relation to Art. 3 of the Regulation which was given the force of law on 1.1.2010 as notified in the London Gazette dated 12.3.2010 (which corrected an earlier notice dated 13.11.2009)) by The Channel Tunnel (International Arrangements) (Amendment) Order 2009 (S.I. 2009/2081), art. 1(2)(a)(3), Sch. (with art. 3)
A railway undertaking shall not be permitted to exercise the access rights unless it:
(a)is licensed in accordance with the provisions of Council Directive 95/18/EC, as amended by Article 1 of Directive 2001/13/EC and Article 29 of Directive 2004/49/EC, and complies with all mandatory requirements of national legislation and regulation, and also the operating rules of the Concessionaires approved by the Intergovernmental Commission and the security provisions laid down by the Principals;
(b)is adequately insured for provision of services in the Fixed Link or has made equivalent arrangements for cover, in accordance with national and international law, of its liabilities in the event of accidents, in particular in respect of its clients, the Concessionaires of the Fixed Link and other third parties;
(c)has received and continues to hold a safety certificate as required by Article 39 of the Regulation of the Intergovernmental Commission transposing Directive 2004/49/EC of the European Parliament and of the Council (the Railway Safety Directive) signed on 24 January 2007;
(d)on fulfilling the three conditions above, has entered into an agreement with the Concessionaires. This agreement shall set out the rights and obligations of the parties in line with the conditions set out in Article 7.]