The Channel Tunnel (International Arrangements) (Amendment) Order 2009
1Citation and commencement
2Amendment of Order
3Transitional arrangements
SCHEDULEInternational Articles
THE INTERGOVERNMENTAL COMMISSION,
Having regard to the Treaty between the United Kingdom of...
Having regard to Council Directive 91/440/EEC of 29 July 1991,...
Having regard to Council Directive 95/18/EC of 19 June 1995,...
Having regard to Directive 2001/14/EC of the European Parliament and...
Having regard to the Regulation of the Intergovernmental Commission on...
Having regard to the quadripartite Concession signed on 14 March...
Considering the specific nature of the investment undertaken to assure...
HAS ADOPTED the following Regulation:
ARTICLE 1Purpose
This Regulation applies to the use of those parts of...
ARTICLE 2Definitions
“Concession” and “Concessionaires” have the meaning given in Article 1...
“Common Section” means that part of the Fixed Link which...
“Intergovernmental Commission” means the Intergovernmental Commission established by Article 10...
The expressions used in this Regulation, which are also used...
ARTICLE 3Access Rights
3.1Railway undertakings established or to be established in a Member...
3.2Access rights through the Common Section include, for any railway...
3.3Access rights through the Common Section also comprise: use of...
ARTICLE 4Management of Infrastructure
Subject to the provisions of Articles 9.2 and 11.3, the...
ARTICLE 5Network Statement for the Fixed Link
5.1The Concessionaires shall develop, publish, keep up to date and...
5.2The Network Statement shall contain all the information necessary to...
5.3The Concessionaires shall consult all the interested parties, including the...
5.4The Concessionaires shall finalise the Network Statement and publish it...
5.5The Network Statement shall be kept up to date following...
ARTICLE 6Exercise of Access Rights
A railway undertaking shall not be permitted to exercise the...
ARTICLE 7Nature and Content of Agreements
7.1Conditions governing agreements to be entered into under Article 6(d)...
7.2Agreements to be entered into under Article 6(d) shall include:...
ARTICLE 8Framework Agreements
8.1The Concessionaires may agree with any railway undertaking or international...
8.2A framework agreement shall in principle be for a period...
8.3For services using specialised infrastructure as designated under Article 24...
8.4The framework agreement shall not be such as to preclude...
8.5The framework agreement shall allow for the amendment or limitation...
8.6The framework agreement may include provision for penalties should it...
8.7Whilst respecting commercial confidentiality, the general nature of each framework...
ARTICLE 9Procedure for Allocation of Train Paths
9.1The Concessionaires shall establish an allocation body to allocate infrastructure...
9.2The allocation body established in accordance with Article 9.1 shall...
9.3Requests for train paths shall be submitted to the allocation...
9.4The allocation body shall give its reasons for any refusal...
9.5The allocation body may, giving reasons, withdraw or alter allocated...
9.6The allocation body shall co-operate with other infrastructure managers to...
ARTICLE 10Congested Infrastructure
10.1Where the Concessionaires find that it is not possible to...
10.2The Concessionaires shall, within six months of the declaration described...
10.3Following consultation with the users of the infrastructure the Concessionaires...
ARTICLE 11Infrastructure Charges
11.1The Concessionaires shall co-operate with other infrastructure managers to achieve...
11.2The Concessionaires shall establish a charging body to set out...
11.3The charging body established in accordance with Article 11.2 shall...
11.4The charges shall be established in accordance with the charging...
11.5The charging body must be able to justify the charges...
ARTICLE 12Regulatory Body
12.1A railway undertaking or international grouping shall have a right...
12.2For the purpose of carrying out this appeal function the...
12.3The Concessionaires and other interested parties shall supply to the...
12.4The Intergovernmental Commission shall take a decision and take action...
12.5Pursuant to Article 76 of the Regulation of the Intergovernmental...
12.6For the purpose of monitoring competition in the rail services...
ARTICLE 13Entry into Force
13.1This Regulation repeals and replaces the Regulation signed on 25...
13.2This Regulation shall enter into force on the date of...
Done by the Intergovernmental Commission on 23rd July 2009 in...

2009 No. 2081

Railways

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

Made

Laid before Parliament

Coming into force in accordance with article 1(2)

The Secretary of State for Transport makes the following Order in exercise of the powers conferred on the appropriate Minister by section 11(1)(a), (c) and (g) of the Channel Tunnel Act 19871: