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

PART 2 Amendments to the Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016

Amendments

2.  The Railways Infrastructure (Access, Management and Licensing of Railway Undertakings) Regulations (Northern Ireland) 2016(1) are amended in accordance with this Part.

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)(2), 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(3);”;

(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;”.

Regulation 3 (scope)

4.  In regulation 3(2)(ii) for “the railway undertakings established or to be established in an EEA State” substitute “railway undertakings”.

Regulation 4 (access and transit rights)

5.  In regulation 4(2), for “the EEA States where the undertakings constituting the grouping are established” substitute “Northern Ireland and the Republic of Ireland”.

Regulation 5 (access to services)

6.  In regulation 5, omit paragraph 13.

Regulation 6 (access to training facilities)

7.—(1) Regulation 6 is amended as follows.

(2) In paragraph (1), for “the requirements of Council Directive 2004/49/EC”, substitute “Part 2 of the Railways (Safety Management) Regulations (Northern Ireland) 2006(4)”.

(3) In paragraph (4), for “safety authority set up in accordance with the requirements of Council Directive 2004/49/EC”, substitute “Department”.

(4) In paragraph (8), for “Article 8”, substitute “national safety rules”.

Regulation 7 (cross-border agreements)

8.  In regulation 7, omit paragraphs (2) to (4).

Regulation 8 (management independence)

9.—(1) Regulation 8 is amended as follows.

(2) In paragraph (1)—

(a) for “Member State” substitute “Northern Ireland Department”;

(b) for “the State” substitute “that Northern Ireland Department”.

Regulation 11 (indicative railway infrastructure strategy)

10.  In regulation 11(1), omit sub-paragraph (b).

Regulation 13 (network statement)

11.—(1) Regulation 13 is amended as follows.

(2) In paragraph (5), for the words from “Article 35” to the end of the paragraph, substitute “regulation 35 of the Railways (Interoperability) Regulations 2011(5).

(3) In paragaph (12), for “other Member States” substitute “the Republic of Ireland”.

Regulation 13B (European network of infrastructure managers)

12.  Omit regulation 13B.

Regulation 15 (infrastructure costs and accounts)

13.  In regulation 15(2), for “of Annex V of the Directive” substitute “set out in Schedule 3A”.

Regulation 17 (cooperation in relation to charging systems on more than one network)

14.—(1) Regulation 17 is amended as follows.

(2) In paragraph (1)—

(a) for “within the European Union”, where those words first occur, substitute “within Northern Ireland and the Republic of Ireland”;

(b) omit “within the European Union” where those words occur for the second time.

(3) In paragraph (2), for “infrastructure managers in the European Union” substitute “infrastructure managers in Northern Ireland and the Republic of Ireland”.

(4) In paragraph (3)—

(a) for “other infrastructure managers within the European Union” substitute “infrastructure managers in the Republic of Ireland”;

(b) omit “within the European Union” where those words occur for the second time.

Regulation 20 (co-operation in the allocation of infrastructure capacity crossing more than one network)

15.—(1) Regulation 20 is amended as follows.

(2) in paragraph (1), for “within the European Union”, substitute “in Northern Ireland and the Republic of Ireland”;

(3) after paragraph (2) insert—

“(2A) Infrastructure managers required by paragraph (2)(a) to cooperate in the allocation of infrastructure capacity crossing more than one network, must provide, without delay, all the information requested by the Office of Rail and Road which is necessary for the purpose of handling an appeal or an own initiative investigation on issues of access or charging relating to an international train path.”;

(4) in paragraph (5), for “the European Union” substitute “Northern Ireland”;

(5) omit paragraph (6);

(6) after paragraph (10) insert—

“(11) The Office of Rail and Road must review decisions and practices of infrastructure managers required to co-operate under this regulation, in relation to train services which cross more than one network, where those decisions and practices implement provisions in these Regulations or which otherwise facilitate international rail transport.”.

Regulation 21 (framework agreements)

16.  In regulation 21(1) omit “and without prejudice to articles 101, 102 and 106 of the Treaty,”.

Regulation 25 (declaration of specialised infrastructure)

17.  In regulation 25(2) omit “and without prejudice to articles 101, 102 and 106 of the Treaty,”.

Regulation 34 (monitoring the rail services markets)

18.  In regulation 34, omit paragraphs (6) and (7).

Regulation 37 (co-operation between regulatory bodies)

19.  Omit regulation 37.

Regulation 43 (prohibition of unlicensed provision of international services)

20.  In regulation 43, in paragraph (4), for “the 2012 Directive” substitute “the Directive and a licence granted by the Office of Rail and Road pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005(6)”.

Regulation 44 (appointment of licensing authority and grant of European licences)

21.—(1) Regulation 44 is amended as follows.

(2) Omit paragraph (2).

(3) In paragraph (3), omit “and inform the Commission of those procedures”.

(4) Omit paragraph (14).

Regulation 46 (monitoring, suspension and revocation of European licences)

22.—(1) Regulation 46 is amended as follows.

(2) For paragraph (5), substitute—

“(5) Where the Department is satisfied that there is a serious doubt whether a railway undertaking to which a licence has been granted by the Office of Rail and Road pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005 complies with any requirement of those Regulations, it must without delay so notify the Office of Rail and Road.”

(3) In paragraph (14), for “European Railway Agency” substitute “the Office of Rail and Road”.

Regulation 48 (prohibition on operating trains without a statement of national regulatory provisions)

23.  In regulation 48, in paragraph (5), for “the 2012 Directive”, substitute “the Directive and a licence granted by the Office of Rail and Road pursuant to the Railway (Licensing of Railway Undertakings) Regulations 2005”.

Regulation 50 (conditions of SNRPs)

24.  In regulation 50, in paragraph (4), omit sub-paragraph (a).

Regulation 51 (referral for Commission’s opinion)

25.  Omit regulation 51.

Regulation 52A (monitoring, suspension and revocation of SNRPs issued to holders of European licences)

26.  After regulation 52 insert—

“Monitoring, suspension and revocation of SNRPs issued to holders of European licences”

52A.— (1) This regulation applies where the Department has issued a SNRP under regulation 49 to the holder of a licence granted pursuant to any action taken by an EEA State for the purpose of implementing the Directive or the 1995 Directive.

(2) The Department must take such steps as are necessary to enable it to determine whether or not the licence holder complies with the requirements referred to in Schedule 4 as to good repute, financial fitness, professional competence and insurance cover for civil liabilities at any time the Department considers that there is serious doubt whether the licence holder complies with any of those requirements, and in doing so, the Department must treat Schedule 4 as if it applies in relation to holders of licences granted pursuant to any action taken by an EEA State for the purposes of implementing the Directive or the 1995 Directive.

(3) If, having taken the steps referred to in paragraph (2), the Department is satisfied that the licence holder does not comply with any such requirement, the Department must revoke or suspend the SNRP issued to the licence holder.”

Schedule 2 (access charging)

27.  In Schedule 2, paragraph 6(1), omit “Subject to the provisions of articles 101, 102, 106 and 107 of the Treaty, and” .

Schedule 3A (basic principles and parameters of contractual agreements between competent authorities and infrastructure managers)

28.  After Schedule 3 (timetable for the allocation process) insert new Schedule 3A (basic principles and parameters of contractual agreements between competent authorities and infrastructure managers), as set out in the Schedule to these Regulations.

(1)

S.R. 2016 No. 420, as amended by S.R. 2019 No. 15.

(2)

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

(3)

2016 c. 5 (N.I.).

(4)

S.R. 2006 No. 237, amended by S.R. 2011 No. 261, S.R. 2013 No. 237 and S.R. 2016 No. 267.

(5)

S.I. 2011/3066, amended by S.I. 2015/2022; there are other amending instruments but none is relevant

(6)

S.I. 2005/3050, amended by S.I. 2009/2054, S.I. 2010/439, S.I. 2011/1043, S.I. 2012/2404, S.I. 2015/1682, S.I. 2016/481, S.I. 2016/645, S.I. 2019/700.