5. In regulation 5 (prohibition of unlicensed provision of services)—
(a)in paragraph (1), at the beginning insert “Subject to paragraph (1A),”;
(b)after paragraph (1) insert—
“(1A) A person that is a railway undertaking to which these Regulations apply may provide a Channel Tunnel service if the person holds a European licence that would be appropriate for that service if the United Kingdom were an EEA state.”.