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

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Commission Implementing Regulation (EU) 2018/1795 of 20 November 2018 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the Council

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85.  For Article 12 (cooperation between regulatory bodies competent for a proposed new international service) substitute—

1.  The Office of Rail and Road may, subject to receiving appropriate undertakings as regards confidentiality, provide other regulatory bodies with information in relation to an economic equilibrium test it is carrying out or has carried out in relation to a new international passenger service and in reaching its decision in relation to an economic equilibrium test may take account of information received from any other regulatory bodies.

2.  In this Article “other regulatory bodies” means regulatory bodies established in member States in accordance with article 55 of Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area that have competence for any part of the route of the proposed international passenger service referred to in paragraph 1.

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