The Channel Tunnel (Safety) Order 2007

Safety Authority

4.  The tasks of the Intergovernmental Commission, as Safety Authority, shall be at least the following:

i. authorising the placing in service (in accordance with the requirements of Article 14 of both Directive 96/48/EC and Directive 2001/16/EC), of any structural subsystems which would constitute part of the trans-European high speed rail system, or part of the trans-European conventional rail system, which are proposed to be located or operated within the Fixed Link;

ii. verifying that any such structural subsystems placed in service are operated and maintained in accordance with the relevant essential requirements;

iii. supervising, in so far as relevant for the railway system, that the interoperability constituents are in compliance with the essential requirements as required by Article 12 of both Directives 96/48/EC and 2001/16/EC;

iv. authorising the placing in service in the Fixed Link of new or substantially modified rolling stock that is not covered by a technical specification of interoperability;

v. as already established through the Concession, authorising the placing in service in the Fixed Link of new or substantially modified rolling stock used for operating shuttle services for road vehicles;

vi. issuing, renewing, amending and revoking relevant parts of safety certification granted to railway undertakings in so far as it relates to the Fixed Link;

vii. issuing, renewing, amending and revoking relevant parts of the safety authorisation granted to the Concessionaires;

viii. verifying that with regard to the Fixed Link the conditions and requirements of safety certification and authorisation are fulfilled and that the activities of railway undertakings and the Concessionaires comply with the requirements of Community and national legislation and the regulations of the Intergovernmental Commission;

ix. monitoring, promoting and, where appropriate, enforcing and developing the safety regulatory framework applicable to the railway system, including the unified safety rules;

x. checking that the rolling stock authorised to run on the Fixed Link is duly registered with safety related information in a national register drawn up in accordance with Article 14 of both Directive 96/48/EC and Directive 2001/16/EC, and that the information so registered is correct and kept up to date;

xi. by 30th September 2007 and thereafter annually by 30th September at the latest each year, publishing and sending to the Agency an annual report concerning its activities in the preceding year, including information on the development of railway safety, common safety indicators, safety certification and safety authorisation; any important changes in legislation and regulation concerning railway safety in the Fixed Link; and the results of and experience relating to the supervision of the Concessionaires and railway undertakings.