The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 518
Exiting The European Union
Transport
The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019
Made 7th March 2019
Laid before Parliament 8th March 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721and section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20182.
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to railways and railway transport3.
The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
PART 1
Introduction
Citation, extent and commencement
1.—(1) These Regulations may be cited as the Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019.
(2) Parts 2 and 5 of, and the Schedule to, these Regulations do not extend to Northern Ireland.
(3) These Regulations come into force as follows—
(a)
(a) regulations 9(a), 13(b) and (c) and 21(b) come into force 21 days after having been laid or on exit day, whichever is the earlier date;
(b)
(b) the remaining provisions come into force on exit day.
PART 2
Amendment of subordinate legislation
Amendment of the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016
2. The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 20164are amended as set out in regulations 3 to 24.
3. 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 20055”;
(e) omit the definition of “the Treaty”.
4. In regulation 4 (scope), in paragraph (2)(b), for “the railway undertakings established or to be established in an EEA State” substitute “railway undertakings”.
5. 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”.
6. In regulation 7 (cross-border agreements), omit paragraphs 2 to 4.
7. In regulation 8 (management independence), in paragraph (1), for “Member State” substitute “national authority”.
8. In regulation 11 (indicative railway infrastructure strategy) omit sub-paragraphs 1(b) and 2(b).
9. In regulation 13 (network statement)—
(a) in paragraph (4), after subparagraph (i), insert—
“(ia)
“(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 20116”;
(c) in paragraph (12), after “cooperation with”, insert “other” and omit “from other Member States”.
10. In regulation 15 (infrastructure costs and accounts), in paragraph (6), for “Annex V of the Directive”, substitute “Schedule 4A”.
11. 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”.
12. 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 handling 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 913/2010of 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.”.
13. 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 19937is 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.”.
14. In regulation 25, (declaration of specialised infrastructure), in paragraph (2), omit “without prejudice to articles 101, 102 and 106 of the Treaty,”.
15. 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”.
16. 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”.
17. 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”.
18. In regulation 34 (monitoring the rail services markets) omit paragraphs (9) and (10).
19. 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”.
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