The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019

for the definition of “cross-border agreement” substitute “ “cross-border agreement” means any agreement between the United Kingdom and any other country intended to facilitate the provision of cross-border rail services ”;

in the definition of “international passenger service” for “at least one border of a Member State” substitute “ the border between the United Kingdom and a member State ” and for “in different Member States substitute “ in the United Kingdom and a member State ”;

after the definition of “mine” insert—

in the definition of “railway undertaking” for “Directive” substitute “ Railway (Licensing of Railway Undertakings) Regulations 2005 M5 ”;

omit the definition of “the Treaty”.

in paragraph (4) for “stations located in the same Member State” substitute “ where both stations are located in the United Kingdom ”;

in paragraph (6) omit “which are in accordance with the law of the European Union”.

in paragraph (4), after subparagraph (i), insert—

in paragraph (5), for the words from “Article 35” to the end of the paragraph, substitute “ regulation 35 of the Railways (Interoperability) Regulations 2011 M6 ”;

in paragraph (12), after “cooperation with”, insert “ other ” and omit “from other Member States”.

in paragraph (1), for “of the rail system within the European Union” substitute “ , including train services which cross between a network in the United Kingdom and a network in the European Union ”;

in paragraph (3) for “of the rail system within the European Union” substitute “ , including traffic crossing between a network in the United Kingdom and a network in the European Union ”.

in paragraph (1) for “of the rail system within the European Union” substitute “ , including a train path which crosses between a network in the United Kingdom and a network in the European Union ”;

after paragraph (2) insert—

in paragraph (5), for “European Union law on rail freight oriented networks” substitute “ Regulation (EU) No 913/2010 of the European Parliament and of the Council of 22 September 2010 concerning a European rail network for competitive freight ”;

in paragraph (6) for “European Union” substitute “ United Kingdom ”;

omit paragraph (7);

in paragraph (8) for “under Part 6” substitute “ under paragraph 12 and Part 6 ”;

after paragraph (11) insert—

in paragraph (1) omit “and without prejudice to articles 101, 102 and 106 of the Treaty”;

in paragraph (17), at the beginning, insert “ Subject to paragraphs 18 to 21, ”;

after paragraph (17) insert—

in paragraph 1, in sub-paragraph (5), after “the infrastructure manager must” insert “ , subject to sub-paragraphs (5A) and 5(B), ”;

after sub-paragraph (5) insert—

in paragraph 6, in sub-paragraph (1), omit “Subject to the provisions of articles 101, 102, 106 and 107 of the Treaty, and”.

in paragraph 2 (interpretation) in sub-paragraph (m), in the definition of “vertically integrated undertaking”, for “Member State” substitute “ national authority ”;

in paragraph 7, omit inserted regulation 13B (European Network of Infrastructure Managers) and the heading to that inserted regulation;

omit paragraph 15 (cooperation between regulatory bodies).

Commission Implementing Regulation (EU) 2015/1100 of 7 July 2015 on the reporting obligations of Member States in the framework of rail market monitoring;

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Commission Delegated Decision (EU) 2017/2075 of 4 September 2017replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area.

in the definition of ‘principal purpose test’ for the first instance of the word “a”, substitute “ the ”;

in the definition of ‘economic equilibrium test’, for the first instance of the word “a” substitute “ the ” and omit the words from “, only applicable in Member States” to “one or more public service contracts,”;

after the definition of ‘net financial effect’ insert—

in paragraph 1, for “regulatory bodies concerned” substitute “ Office of Road and Rail ”;

in the opening words of paragraph 2 for “Regulatory Bodies”, substitute “ The Office of Rail and Road ” and for “their” substitute “ its ”;

in paragraph 2, at point (g) for “different” substitute “ the United Kingdom and one or more ”;

in paragraph 5, for “in national law” substitute “ under any enactment or rule of law ”.

in paragraph 1, at point (d), for “different” substitute “ the United Kingdom and one or more ”;

in paragraph 3, for “Regulatory bodies” substitute “ The Office of Road and Rail ” and for “their websites” substitute “ its website ”.

in paragraph 2, at point (a), for “Member State where the regulatory body is established” substitute “ United Kingdom ”;

in paragraph 2, at point (b), for “different” substitute “ the United Kingdom and one or more ”.

in paragraph 1(a) for “different” substitute “ the United Kingdom and one or more ”;

in paragraph 1(b) for “Member State where the regulatory body is located” substitute “ United Kingdom ”;

in paragraph 3, for the final sentence substitute—

in the opening words, for “a Member State concerned by the proposed new international rail service” substitute “ the United Kingdom ”;

in point (b) for “under Article 11 of Directive 2012/34/EU” substitute “ along the route of the passenger service notified under regulation 19(7) of the 2016 GB Regulations or, as the case may be, regulation 19(7) of the 2016 NI Regulations ”.

in paragraph 2, at point (d), for “Chapter IV, Section 3 of Directive 2012/34/EU” substitute “ Part 5 of the 2016 GB Regulations or, as the case may be, Part 5 of the 2016 NI Regulations ”;

in paragraph 3, for “in national law” substitute “ under any enactment or rule of law ”.

in paragraph 2, for “shall” substitute “ may ”;

in paragraph 1 for “regulatory bodies” substitute “ Office of Rail and Road ”;

in paragraph 2 for “regulatory bodies” substitute “ the Office of Rail and Road ”.

for “, within the meaning of Article 41(2) of Directive 2012/34/EU” substitute “ in accordance with conditions established by the infrastructure manager under regulation 19(17) to (19) of the 2016 GB Regulations or, as the case may be, regulation 19(16) to (18) of the 2016 NI Regulations ”;

for “referred to in Article 27 of Directive 2012/34/EU and in Annex IV of that Directive” substitute “ as defined in the 2016 GB Regulations or, as the case may be, the 2016 NI Regulations ”;

for “regulatory body” substitute “ Office of Rail and Road ”.

in paragraph 1, at point (j), for “Article 35 of Directive 2012/34/EU” substitute “ regulation 16 of, and paragraph 7 of Schedule 3 to, the 2016 GB Regulations or, as the case may be, regulation 16 of, and paragraph 7 of Schedule 2 to, the 2016 NI Regulations ”;

in paragraph 1, at point (l), for “item 1(f)” of Annex II to Directive 2012/34/EU” substitute “ paragraph 1(b)(iv) of Schedule 2 to the 2016 GB Regulations or, as the case may be, paragraph 1(b)(iv) of Schedule 1 to the 2016 NI Regulations ”;

in paragraph 1, omit point (m);

in paragraph 2, for “Article 32 of Directive 2012/34/EU” substitute “ paragraphs 2 to 5 of Schedule 3 to the 2016 GB Regulations or, as the case may be, paragraphs 2 to 5 of Schedule 2 to the 2016 NI Regulations ”.

in paragraph 1, in the second paragraph, omit “referred to in Article 55 of Directive 2012/34/EU”;

in paragraph 2, for the opening words, substitute “ The parameters referred to in paragraph 1 are: ”;

in paragraph 4, for “Article 46 of Directive 2012/34/EU” substitute “ regulation 23 of the 2016 GB Regulations or, as the case may be, regulation 23 of the 2016 NI Regulations ”.

in paragraph 1, for “Article 56(2) of Directive 2012/34/EU” substitute “ regulation 34(1) and (2) of the 2016 GB Regulations or, as the case may be, regulation 34(1) and (2) of the 2016 NI Regulations ”;

in paragraph 3, for “Articles 31 or 56 of Directive 2012/34/EU” substitute “ regulation 34(1) and (2) of the 2016 GB Regulations or, as the case may be, regulation 34(1) and (2) of the 2016 NI Regulations ”.

for “Article 3 of Directive 2012/34/EU” substitute “ regulation 3 of the 2016 GB Regulations or, as the case may be, regulation 2 of the 2016 NI Regulations ”;

after the definition of ‘control period’ insert—

for “Article 42(7) of Directive 2012/34/EU” substitute “ regulation 21(13) of the 2016 GB Regulations or, as the case, may be regulation 21(11) of the 2016 NI Regulations ”;

for the second sentence substitute “ Regulation 13(8) and (10) of the 2016 GB Regulations or, as the case may be, regulation 13(8) and (10) of the 2016 NI Regulations shall also apply to the framework capacity statement. ”.

in paragraph 1, for “Article 46(3) and (4) of Directive 2012/34/EU” substitute “ regulations 13(4)(h)(v) and 23(4), (5) and (6) of the 2016 GB Regulations or, as the case may be, regulations 13(4)(j)(iv) and 23(4), (5) and (6) of the 2016 NI Regulations ”;

in paragraph 7, for “Article 47 of Directive 2012/34/EU” substitute “ regulation 26 of the 2016 GB Regulations or, as the case may be, regulation 26 of the 2016 NI Regulations ”.

in paragraph 2, for “Article 44(3) of Directive 2012/34/EU” substitute “ regulation 21(2) of the 2016 GB Regulations or, as the case may be, regulation 21(2) of the 2016 NI Regulations ”;

in paragraph 3, in the fourth subparagraph, for “referred to in Article 48(1) of Directive 2012/34/EU” substitute “ set out in regulation 24 of the 2016 GB Regulations or, as the case may be, regulation 24 of the 2016 NI Regulations ”.

in paragraph 1 omit the words “of the rail system within the Union”;

in paragraph 3, for “Article 40 of Directive 2012/34/EU” substitute “ regulation 20 of the 2016 GB regulations or, as the case may be, regulation 20 of the 2016 NI Regulations ”.

after the definition of 'exclusive right' insert—

in paragraph 1, for “regulatory bodies concerned” substitute “ Office of Road and Rail ” and for “the deadline set in Article 38(4) of Directive 2012/34/EU” substitute “ regulation 19(7) of the 2016 GB Regulations or, as the case may be, regulation 19(14) of the 2016 NI Regulations ”;

in the opening words of paragraph (2), for “Regulatory Bodies” substitute “ The Office of Rail and Road ” and for “their” substitute “ its ”;

in paragraph 4, at point (a), omit “within the meaning of Directive 2012/34/EU”;

in paragraph 4, at point (b), for the words “with the right to” to the end, substitute “ referred to in regulation 19(8)(c) of the 2016 GB Regulations or, as the case may be, regulation 19(15)(c) of the 2016 NI Regulations ”;

in paragraph 5 for “regulatory bodies and” substitute “ Office of Road and Rail and the ”.

for paragraph 1, substitute—

in paragraph 2, for “Article 11(2) of Directive 2012/34/EU” substitute “ regulation 33(4) of the 2016 GB Regulations or, as the case may be, regulation 33(4) of the 2016 NI Regulations ”;

in paragraph 3, for “Section 3 of Chapter IV of Directive 2012/34/EU” substitute “ Part 5 of the 2016 GB Regulations or, as the case may be, Part 5 of the 2016 NI Regulations ”.

in paragraph 1, for “Article 11(2) of Directive 2012/34/EU” substitute “ regulation 5(6) and regulation 33 of the 2016 GB Regulations or, as the case may be, regulation 4(7) and regulation 33 of the 2016 NI Regulations ”;

in paragraph 2, at point (a), for “Article 10(2) of Directive 2012/34/EU” substitute “ regulation 5(1) to (4) of the 2016 GB Regulations or, as the case may be, regulation 4(1) to (5) of the 2016 NI Regulations ”;

in paragraph 5, for “listed in Article 11(3) of Directive 2012/34/EU” substitute “ referred to in regulation 33(6)(d) of the 2016 GB Regulations or, as the case may, be regulation 33(6)(d) of the 2016 NI Regulations, ”.