The Channel Tunnel (International Arrangements) Order 2005

Interpretation

2.  In this Order—

• “Concession” and “Concessionaires” have the meaning given in article 1 of the Treaty;

• “Directives” means—

  (a)

  Council Directive 91/440/EEC dated 29th July 1991 on the development of the Community’s railways(1), as amended by Directive 2001/12/EC dated 26th February 2001(2) and Directive 2004/51 dated 29th April 2004(3), both of the European Parliament and of the Council;

  (b)

  Council Directive 95/18/EC dated 19th June 1995 on the licensing of railway undertakings(4), as amended by Directive 2001/13/EC dated 26th February 2001(5) of the European Parliament and of the Council; and

  (c)

  Directive 2001/14/EC dated 26th February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification(6) of the European Parliament and of the Council;

• “Fixed Link” and “Channel fixed link” means the Channel fixed link as defined in Article 1(2) of the Treaty;

• “infrastructure manager”, “international grouping” and “railway undertaking” have the same meanings as in Council Directive 91/440/EEC dated 29th July 1991 on the development of the Community’s railways, as amended by Directive 2001/12/EC dated 26th February 2001 and Directive 2004/51 dated 29th April 2004, both of the European Parliament and of the Council;

• “Intergovernmental Commission” means the Commission established pursuant to Article 10 of the Treaty;

• “international articles” means the provisions set out in the Schedule;

• “Principals” means the Secretary of State for Transport in the Government of the United Kingdom of Great Britain and Northern Ireland or such other person as may from time to time be designated by such Government to assume his functions under or pursuant to the Concession, and the French Republic represented by the Minister responsible for Transport or any other authority designated for that purpose; and

• “Treaty” means the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the construction and operation by private concessionaires of a Channel fixed link signed at Canterbury on 12th February 1986(7).

(1)

O.J. L237, 24.8.91, pg 25: the text of the Directive is subject to the amendments in a corrigendum published in O.J. No. L305, 6.11.91, pg 22.

(2)

O.J. No. L75. 15.03.01, p1. Added to Annex XIII of the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 118/2001 of 28th September 2001 (O.J. No. L322, 6.12.2001, p32).

(3)

O.J. No. L164, 30.04.04, p16. Added to Annex XIII of the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 151/2004 of 29th October 2004 (O.J. 21.4.2005).

(4)

O.J. No. L143, 27.6.1995, p70. Added to Annex XIII of the EEA Agreement by Article 1 of the Decision of the EEA Joint Committee No. 71/95 of 15th December 1995 (O.J. No. L57, 7.3.96, p37).

(5)

O.J. No. L75, 15.3.2001, p26. Added to Annex XIII of the EEA Agreement by Article 2 of the Decision of the EEA Joint Committee No. 118/2001 of 28th September 2001 (O.J. No. L322, 6.12.2001, p32).

(6)

O.J. No. L75, 15.3.2001, p29. Added to Annex XIII of the EEA Agreement by Article 3 of the Decision of the EEA Joint Committee No. 118/2001 of 28th September 2001 (O.J. No. L322, 6.12.2001, p32).

(7)

Treaty Series No. 15 (1992). Presented to Parliament by the Secretary of State for Foreign and Commonwealth Affairs by Command of her Majesty March 1992. Command Paper 1827.