The Channel Tunnel (International Arrangements) Order 2005

Article 6 Exercise of Access or Transit Rights

6.  An international grouping or railway undertaking shall not be permitted to exercise the access or transit rights specified in Article 3 unless it—

(a) is licensed in accordance with the provisions of Council Directive 95/18/EC, as amended by Article 1 of Council Directive 2001/13/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 from the Intergovernmental Commission following a technical report by the Concessionaires, as described in Article 32 of Council Directive 2001/14/EC, which specifies the safety requirements necessary to operate a safe service through the Fixed Link;

(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.