PART 2Amendment of subordinate legislation
Amendment of the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016I252
The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 M1 are amended as set out in regulations 3 to 24.
I43
In regulation 3 (interpretation)—
a
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
”
;
b
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
”
;
c
after the definition of “mine” insert—
“national authority” means the Secretary of State, the Scottish Ministers or the Welsh Ministers;
d
in the definition of “railway undertaking” for “Directive” substitute “
Railway (Licensing of Railway Undertakings) Regulations 2005 M2
”
;
e
omit the definition of “the Treaty”.
I54
In regulation 4 (scope), in paragraph (2)(b), for “the railway undertakings established or to be established in an EEA State” substitute “
railway undertakings
”
.
I65
In regulation 5 (access rights)—
a
in paragraph (4) for “stations located in the same Member State” substitute “
where both stations are located in the United Kingdom
”
;
b
in paragraph (6) omit “which are in accordance with the law of the European Union”.
I76
In regulation 7 (cross-border agreements), omit paragraphs 2 to 4.
I87
In regulation 8 (management independence), in paragraph (1), for “Member State” substitute “
national authority
”
.
I98
In regulation 11 (indicative railway infrastructure strategy) omit sub-paragraphs 1(b) and 2(b).
I1I109
In regulation 13 (network statement)—
a
in paragraph (4), after subparagraph (i), insert—
ia
where an infrastructure manager does not propose framework agreements and does not have such agreements in operation, a statement to that effect;
b
in paragraph (5), for the words from “Article 35” to the end of the paragraph, substitute “
regulation 35 of the Railways (Interoperability) Regulations 2011 M3
”
;
c
in paragraph (12), after “cooperation with”, insert “
other
”
and omit “from other Member States”.
I1110
In regulation 15 (infrastructure costs and accounts), in paragraph (6), for “Annex V of the Directive”, substitute “
Schedule 4A
”
.
I1211
In regulation 18 (co-operation in relation to charging systems on more than one network)—
a
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
”
;
b
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
”
.
I1312
In regulation 20 (co-operation in the allocation of infrastructure capacity crossing more than one network)—
a
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
”
;
b
after paragraph (2) insert—
2A
Infrastructure managers required to cooperate in the allocation of infrastructure capacity crossing more than one network by paragraph (2)(a), must provide, without delay, all the information requested by the Office of Rail and Road which is necessary for the purpose of handing an appeal or an own initiative investigation on issues of access or charging relating to an international train path.
c
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
”
;
d
in paragraph (6) for “European Union” substitute “
United Kingdom
”
;
e
omit paragraph (7);
f
in paragraph (8) for “under Part 6” substitute “
under paragraph 12 and Part 6
”
;
g
after paragraph (11) insert—
12
The Office of Rail and Road must review decisions and practices of infrastructure managers required to co-operate over train services which cross more than one network under this regulation, that implement provisions in these Regulations or which otherwise facilitate international rail transport.
I2I1413
In regulation 21 (framework agreements)—
a
in paragraph (1) omit “and without prejudice to articles 101, 102 and 106 of the Treaty”;
b
in paragraph (17), at the beginning, insert “
Subject to paragraphs 18 to 21,
”
;
c
after paragraph (17) insert—
18
Where prior approval of framework agreements by the Office of Rail and Road in accordance with section 18 of the Railways Act 1993 M4 is required, Articles 8(2), 9(3) to (6) and 10 of the Commission Implementing Regulation referred to paragraph (17) do not apply.
19
If an infrastructure manager does not propose framework agreements and does not have such agreements in operation, Articles 1 to 11 and Article 13 of the Commission Implementing Regulation referred to paragraph (17) do not apply to its network.
20
Subject to paragraph (21), for framework agreements concluded before 28th April 2016, Articles 6(2), 7 to 11 and 13 of the Commission Implementing Regulation referred to paragraph (17) do not apply until 28th April 2021.
21
Paragraph (20) does not apply to amendments to framework agreements agreed after 28th April 2016 which would involve an increase of the allocated framework capacity or an extension of the duration of the framework agreement.
I1514
In regulation 25, (declaration of specialised infrastructure), in paragraph (2), omit “without prejudice to articles 101, 102 and 106 of the Treaty,”.
I1615
In regulation 26 (congested infrastructure), in paragraph (7), for “at least one border of a Member State” substitute “
the border between the United Kingdom and the European Union
”
.
I1716
In regulation 31 (regulatory body), in paragraph (1) for the words “and consistent with the Directive” substitute “
and so far as is consistent with these Regulations
”
.
I1817
In regulation 33 (regulatory decisions concerning international passenger services), in paragraph (1), for “in different Member States” substitute “
in the United Kingdom and a member State
”
.
I1918
In regulation 34 (monitoring the rail services markets) omit paragraphs (9) and (10).
I2019
In regulation 36 (provision of information to the regulatory body), in paragraph (1)(a)(iii) for “subordinate legislation made for the purposes of implementing Directive 2012/34/(EU) of the European Parliament and of the Council of 21st November 2012 establishing a single European railway area (recast)” substitute “
the Railways (Access, Management and Licensing Railway Undertakings) Regulations 2016
”
.
I2120
Omit regulation 37 (cooperation between regulatory bodies).
I3I2221
In Schedule 3 (access charging)—
a
in paragraph 1, in sub-paragraph (5), after “the infrastructure manager must” insert “
, subject to sub-paragraphs (5A) and 5(B),
”
;
b
after sub-paragraph (5) insert—
5A
For the purposes of the calculation of direct costs on a network-wide basis, referred to in paragraph 1 of Article 3 of the Commission Implementing Regulation referred to in sub-paragraph (5), the infrastructure manager may apply the costs of efficient service provision.
5B
For the purposes of calculating the direct unit costs referred to in paragraph 1 of Article 5 of the Commission Implementing Regulation referred to in sub-paragraph (5), the infrastructure manager may modulate the average direct unit costs to take into account the different levels of wear and tear caused to the infrastructure according to one or more of the parameters listed in paragraph 2 of Article 5 of that Commission Implementing Regulation.
c
in paragraph 6, in sub-paragraph (1), omit “Subject to the provisions of articles 101, 102, 106 and 107 of the Treaty, and”.
I2322
In Schedule 4 (timetable for the allocation process), in paragraph 2, in the last sentence, for “must” substitute “
may
”
.
I2623
After Schedule 4, insert new Schedule 4A, as set out in the Schedule to these Regulations.
I2424
Schedule 6 is amended as follows—
a
in paragraph 2 (interpretation) in sub-paragraph (m), in the definition of “vertically integrated undertaking”, for “Member State” substitute “
national authority
”
;
b
in paragraph 7, omit inserted regulation 13B (European Network of Infrastructure Managers) and the heading to that inserted regulation;
c
omit paragraph 15 (cooperation between regulatory bodies).