The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019 (Version in vigour from 2020-12-31 to )
| Currency | No known outstanding effects |
| Coming into Force | 31 December 2020 |
(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.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;the remaining provisions come into force on exit day.The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016
for the definition of “cross-border agreement” substitute in the definition of “international passenger service” for “at least one border of a Member State” substitute after the definition of “mine” insert— in the definition of “railway undertaking” for “Directive” substitute “ Railway (Licensing of Railway Undertakings) Regulations 2005
omit the definition of “the Treaty”. In regulation 4 (scope) , in paragraph (2) (b) , for “the railway undertakings established or to be established in an EEA State” substitute in paragraph (4) for “stations located in the same Member State” substitute in paragraph (6) omit “which are in accordance with the law of the European Union”. In regulation 7 (cross-border agreements) , omit paragraphs 2 to 4. In regulation 8 (management independence) , in paragraph (1) , for “Member State” substitute In regulation 11 (indicative railway infrastructure strategy) omit sub-paragraphs 1(b) and 2(b) . in paragraph (4) , after subparagraph (i) , insert— where an infrastructure manager does not propose framework agreements and does not have such agreements in operation, a statement to that effect;in paragraph (5) , for the words from “Article 35” to the end of the paragraph, substitute “ regulation 35 of the Railways (Interoperability) Regulations 2011
in paragraph (12) , after “cooperation with”, insert In regulation 15 (infrastructure costs and accounts) , in paragraph (6) , for “Annex V of the Directive”, substitute in paragraph (1) , for “of the rail system within the European Union” substitute in paragraph (3) for “of the rail system within the European Union” substitute in paragraph (1) for “of the rail system within the European Union” substitute after paragraph (2) insert— 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.in paragraph (5) , for “European Union law on rail freight oriented networks” substitute in paragraph (6) for “European Union” substitute omit paragraph (7) ; in paragraph (8) for “under Part 6” substitute after paragraph (11) insert— 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.in paragraph (1) omit “and without prejudice to articles 101, 102 and 106 of the Treaty”; in paragraph (17) , at the beginning, insert after paragraph (17) insert— Where prior approval of framework agreements by the Office of Rail and Road in accordance with section 18 of the Railways Act 1993 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.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.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.In regulation 25, (declaration of specialised infrastructure) , in paragraph (2) , omit “without prejudice to articles 101, 102 and 106 of the Treaty,”. In regulation 26 (congested infrastructure) , in paragraph (7) , for “at least one border of a Member State” substitute In regulation 31 (regulatory body) , in paragraph (1) for the words “and consistent with the Directive” substitute In regulation 33 (regulatory decisions concerning international passenger services) , in paragraph (1) , for “in different Member States” substitute In regulation 34 (monitoring the rail services markets) omit paragraphs (9) and (10) . 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
- (18) Where prior approval of framework agreements by the Office of Rail and Road in accordance with section 18 of the Railways Act 1993 is required, Articles 8(2) , 9(3) to (6) and 10 of the Commission Implementing Regulation referred to paragraph (17) do not apply.
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