The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019

Regulation 2 (interpretation)

3.—(1) Regulation 2 is amended as follows.

(2) In regulation 2(1)—

(a) Before the definition of “access rights” insert—

““the 1995 Directive” means Council Directive 95/18/EC dated 19 June 1995 on the licensing of railway undertakings as amended by Directive 2001/13/EC dated 26 February 2001 and Directive 2004/49 dated 29 April 2004, both of the European Parliament and of the Council;”;

(b) for the definition of “the Directive” substitute—

““the Directive” means Directive 2012/34/EU of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast)(1), as amended from time to time, before and after exit day;”;

(c) for the definition of “cross-border agreement” substitute—

““cross-border agreement” means any agreement between Northern Ireland and the Republic of Ireland intended to facilitate the provision of cross-border rail services;”;

(d) for the definition of “European licence” substitute—

““European licence” means a licence granted to a railway undertaking pursuant to these regulations by which the capacity of the railway undertaking as such is recognised and which authorises the undertaking to provide such train services as may be specified in the licence;”;

(e) for the definition of “international freight service” substitute—

““international freight service” means a transport service where the train crosses the border between Northern Ireland and the Republic of Ireland; the train may be joined or split (or joined and split) and the different sections may have different origins and destinations provided that all wagons cross the border;”;

(f) for the definition of “international grouping” substitute—

““international grouping” means any association of at least two railway undertakings, at least one of which is established in the United Kingdom for the purpose of providing international transport and at least one of which is established in the Republic of Ireland for that purpose;”;

(g) for the definition of “international passenger service” substitute—

““international passenger service” means a passenger service where the train crosses the border between Northern Ireland and the Republic of Ireland and where the principal purpose of the service is to carry passengers between stations located in Northern Ireland and the Republic of Ireland; the train may be joined or split (or joined and split) and the different sections may have different origins and destinations provided all the carriages cross the border;”;

(h) after the definition of “network statement” insert—

““Northern Ireland Department” means a department listed in Schedule 1 to the the Departments Act (Northern Ireland) 2016(2);”;

(i) for the definition of “public passenger transport”, “public service contract” and “public service operator” substitute—

““public passenger transport” and “public service operator” have the same meanings as in Article 2 of Regulation EC No. 1370/2007;

“public service contract” means one or more legally binding acts confirming the agreement between a competent authority and a public service operator to entrust to that public service operator the management and operation of public passenger transport services subject to public service obligations; the contract may also consist of a decision adopted by the competent authority—

(a)

taking the form of an individual legislative or regulatory act, or

(b)

containing conditions under which the competent authority itself provides the services or entrusts the provision of such services to an internal operator,

and for the purposes of this definition “competent authority” means any public authority or group of public authorities of Northern Ireland and the Republic of Ireland which has the power to intervene in public passenger transport in a given geographical area or any body vested with such authority, “competent local authority” means any competent authority whose geographical area of competence is not national and “internal operator” means a legally distinct entity over which a competent local authority, or in the case of a group of authorities at least one competent local authority, exercises control similar to that exercised over its own departments and “public service obligation” has the same meaning as in Regulation EC No. 1370/2007;;”;

(j) for the definition of “transit rights” substitute—

““transit rights” means rights of transit through Northern Ireland using its railway infrastructure;”.

(1)

O.J. No. L 343, 14.12.12, p. 32, as corrected by Corrigendum, O.J. L 67, 12.3.15, p. 32.

(2)

2016 c. 5 (N.I.).