Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
In light of articles 52 to 55 of the Constitution;
In light of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France,
Décrète:
Regulation of the Intergovernmental Commission concerning the use of the Channel Tunnel by International groupings or railway undertakings, adopted in London on 25 October 2005, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
R E G L E M E N T
OF THE INTERGOVERNMENTAL COMMISSION ON THE USE OF THE TUNNEL UNDER THE MANCHE BY INTERNATIONAL REGROUPEMENTS OR RAILWAY COMPANIES
The Intergovernmental Commission,
Having regard to the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning construction and The operation by private concessionaires of a transshaft fixed link, signed at Canterbury on 12 February 1986, and in particular Articles 1 and 10 thereof;
Having regard to Council Directive 91 /440/EEC of 29 July 1991, as amended by the Council Directives 2001 /12/EC of 26 February 2001 and 2004/51 of 29 April 2004 on the development of the Community's railways and, in particular, Article 10.3;
In view of Council Directive 95 /18/EEC of 19 June 1995, as amended By Directive 2001 /13/EC of the European Parliament and of the Council of 26 February 2001 on the licences of railway undertakings;
Having regard to Directive 2001 /14/EC of the European Parliament and of the Council of 26 February 2001 concerning the allocation of Railway infrastructure capacity, rail infrastructure charging and safety certification and in particular Article 8.2 which provides that, for specific investment projects, the manager Infrastructure can set or maintain higher fees based on the long-term cost of such projects, provided that they are performance-enhancing and/or cost-effective projects that could not otherwise have been Implemented;
Given the Quadripartite Concession, concluded on March 14, 1986, between, on the one hand, the Minister of Planning, Housing and Transport representing the French State and the Secretary of State for Transport of the United Kingdom Britain and Northern Ireland and, on the other hand, France Manche SA and the Channel Tunnel Group Limited (the Concession);
Considering the specific nature of the investment made to ensure design, financing, construction And the operation, since 1994, of the Channel Tunnel,
terminates the following regulation:
Item 1
Object
This Regulation applies to the use of parts of the Fixed Link Required for delivery:
-international transport services by international groupings;
-international combined freight transport services; and
-international freight services By railway undertakings,
in accordance with the above directives.
Article 2
Definitions
The terms " Concession " And " Consignees " Have the same meanings as those Data in Article 1 of the said Treaty.
The term " Common Section " Means the part of the Fixed Link facility that is normally used by all types of trains to provide the services described in item 1.
" The Intergovernmental Commission " Means the Intergovernmental Commission, established by Article 10 of the aforementioned Treaty, to follow, on behalf of the Governments (the Conceants) of the French Republic and the United Kingdom of Great Britain and And by delegation of Northern Ireland, all matters relating to the construction and operation of the Fixed Link.
The expressions used in this Regulation have the same meaning as those contained in the Directives.
Article 3
Right of access and transit
3.1. International groupings have, on fair and non-discriminatory terms, a right of access and transit through the Joint Section, to provide international transport services between Member States Where the railway undertakings are established.
3.2. Railway undertakings established or established in a Member State shall have, on fair and non-discriminatory terms, a right of access and transit through the Joint Section for the purpose of the operation of services of Combined international freight or international freight services.
3.3. The right of access and transit through the Joint Section includes, for any railway undertaking or international grouping, the right to the following minimum benefits:
-the processing of its requests for infrastructure capacity;
-the right to use the capabilities assigned to it;
-the use of the connections and needles of the Joint Section;
-the regulation of train traffic including signalling, regulation, management of the Circulations, communication and,
-the provision of information concerning the movement of trains and any other information necessary for the implementation or operation of the service for which the capacity has been
3.4. The right of access and transit through the Joint Section also includes:
-the use of the power supply system for traction current;
-access to any facility for the reception of corporate freight Of which the two Governments agree, in accordance with Article 1.2 of the Treaty of Canterbury, that it forms part of the fixed link;
-the switching service in the event of a technical failure;
-access to emergency routes in the event of a technical failure
Item 4
Infrastructure Manager
Subject to the provisions of sections 9.2 and 11.3, the Dealers are the Infrastructure Manager of the Fixed Link. The Dealers shall keep and publish, separately, the balance sheets and loss and profit accounts for the activities relating to the management of the railway infrastructure, on the one hand, and those relating to the provision of services of Transport by railway undertakings, on the other. Any potential public aid that could be paid to one of these two activities cannot be transferred to the other and accounts for both activities are kept to reflect this prohibition.
Article 5
Fixed Link Reference Document
5.1. The Dealers shall establish, publish, maintain and, where appropriate, amend a reference document of the Fixed Link (the Document of Reference) in accordance with the provisions of Article 3 and Annex I to Directive 2001 /14/EC Above. They communicate, in a timely manner, to international groupings and railway undertakings performing services through the Fixed Link, changes in the quality or capacity of this infrastructure.
5.2. The Document of Reference contains all the information necessary for the exercise of the rights of access and transit within the Fixed Link and in particular:
a) presentation of the consistency and characteristics of the infrastructure Making available to railway undertakings and international groupings and the conditions of access and transit in the Fixed Link;
(b) the principles and criteria for the allocation of infrastructure capacity, setting out the General characteristics of the infrastructure and possible restrictions on use, in particular for maintenance operations;
(c) the time limits and procedures for the presentation and appraisal of requests for capacity allocation, and Specifically:
i) the procedures that applicants are submitting to request the infrastructure capacity of the manager;
ii) the requirements for applicants;
iii) the schedule for filing applications and their Instructions;
iv) the principles of the coordination procedure;
v) the procedures to be followed and the criteria used when the infrastructure is full;
vi) the details of the infrastructure usage restrictions And
vii) any conditions for prior use levels that are taken into account in determining priorities in the allocation of capabilities;
d) pricing principles and rates; and
e) measures To ensure adequate processing of freight services, international services and applications to the ad hoc procedure.
5.3. The Dealers shall consult with all interested parties, including the Intergovernmental Commission on the draft Reference Document, by making them aware of the deadline for making their observations known.
5.4. The Dealers shall adopt the Network Reference Document and make it public, by any appropriate means, no later than four months before the annual deadline for the submission of applications for furrows
The Reference Document is updated as required by the same procedure.
Article 6
Exercise of right of access or transit
An international grouping or a business Railway may exercise the right of access or transit referred to in Article 3 only if:
(a) it has the licence provided for in Directive 95 /18/EEC as amended by Article 1 of Directive 2001 /13/EC referred to above and Complies with the requirements of national laws and regulations, as well as the regulations of the Dealers approved by the Intergovernmental Commission and the security provisions of the Governments ;
(b) is sufficiently insured to operate services through the Fixed Link, or has taken equivalent provisions, in accordance with national and international laws, to cover its civil liability in case An accident, in particular with respect to its customers, the Fixes of the Fixed Link and other third parties;
(c) it has a valid security certificate issued by the Intergovernmental Commission, after report Of Dealers, in accordance with Article 32 of Directive (EC) No 20.01/14 referred to above and laying down the safety requirements with a view to ensuring a safe service on the Fixed Link;
(d) completing the three Above, he (or she) has entered into an agreement with the Dealers. This agreement defines the rights and obligations of the parties under the conditions set out in Article 7.
Article 7
Nature and content of the agreements
7.1. The conditions governing the agreements provided for in Article 6 (d) shall be non-discriminatory in accordance with Article 10 (5) of Directive 91 /440/EEC, as amended by Article 1 of Directive 2001 /12/EC and Directive 2004 /51/EC
The agreements provided for in Article 6 (d) shall include:
-the administrative, technical and financial provisions to ensure, on an ongoing basis, the conditions set out in points (a) to (c) of Article 6, above;
-the Provisions relating to the allocation of grooves on the joint section, pursuant to the procedure laid down in Article 9;
-the provisions on charges pursuant to the rules laid down in Article 11.
Article 8
Framework Agreements
8.1. The Transferees may enter into a multi-year framework agreement with any railway undertaking or international grouping, the purpose of which is to specify the characteristics of the railway infrastructure capacity required by a railway undertaking. International consolidation or the railway undertaking, as well as those offered to it for any period exceeding a period of validity of the service schedule. The framework agreement does not define the furrow (s) in detail but is established in such a way as to meet the legitimate business needs of the international grouping or the railway
. A framework agreement is concluded in principle for a period of five years. Dealers may accept shorter or longer periods of time. Any period of more than five years is motivated by the existence of commercial contracts, specific investments or risks. A duration of more than ten years is possible only in exceptional cases, particularly in the case of large and long-term investments subject to contractual commitments.
8.3. The Framework Agreement does not preclude the use of the Fixed Link by other candidates or services.
8.4. The framework agreement must be able to be modified or limited to allow for better use of the Fixed Link.
8.5. The framework agreement may provide for sanctions if the agreement is to be changed or terminated.
8.6. While respecting the confidentiality of commercial data, the general provisions of each framework agreement shall be communicated to any interested party.
Article 9
Procedure for the allocation of furrows
9.1. The Dealers set up an infrastructure capacity allocation body on the Fixed Link. The allocation body shall guarantee the fair and non-discriminatory character of the procedure for the allocation of furrows and its conformity with Community rules. It respects the confidentiality of the commercial information communicated to it in the context of this function. Subject to the provisions of 9.2, the Transferees, as infrastructure managers, perform the role of distributing organization.
9.2. The allocation body is independent of any railway undertaking from a legal, organizational or decision point of view.
9.3. Requests for grooves corresponding to the exercise of the right provided for in Article 3 shall be addressed either to the allocation body or to another infrastructure manager concerned, or to any common body established for that purpose by the Infrastructure managers. Applications for grooves shall be submitted in accordance with the terms and conditions laid down in the Reference Document, supplemented, in the case of a framework agreement and, where appropriate, by the provisions of this Agreement. The allocation body shall comply with the requirements laid down in Article 18 of Directive 2001 /14/EC:
(a) the right to use an infrastructure capacity in the form of a furrow may be granted to an international grouping or to a company Rail for a maximum of one service schedule. Any international grouping or railway undertaking party to a framework agreement must request an infrastructure capacity in accordance with the terms of this framework agreement. Once allocated to an international grouping or a railway undertaking by the allocation body, the infrastructure capacity may not be transferred by its holder to another undertaking or service. Any commercial transaction relating to an infrastructure capacity shall be prohibited and shall result in the exclusion of international or railway undertakings from any subsequent allocation of capacity;
(b) the allocation body Conducts requests for grooves in accordance with the conditions and deadlines set out in the Reference Document. It takes into account the capacity required for the maintenance, renovation and improvement of infrastructure. It shall endeavour, as far as possible, to satisfy all the requests made. Where certain applications are incompatible with each other, the distribution body shall have the right to propose furrows different from those which have been requested; it must, in these circumstances, give reasons for its proposal. The allocation body shall endeavour, through consultations with the applicants concerned, to resolve any conflicts;
(c) at the end of the appraisal, the dispatch body shall draw up a draft service schedule to be communicated to it. To all interested parties. Interested parties shall have at least one month to submit their comments. This period expires, the dispatch body shall take the appropriate provisions to deal with the remarks made and then stop the final service schedule and make it public;
(d) without prejudice to the provisions of Article 12, in the event of Dispute over the allocation of infrastructure capacity, the allocation agency is putting in place a dispute resolution process to resolve these disputes quickly. This process is described in the Reference Document and, when applied, a decision must be made within 10 working days;
(e) requests for grooves can be submitted after the service schedule is published. For the remaining duration of this schedule. Ad hoc requests for individual grooves may also be submitted at any time during the period of validity of the current service schedule. The dispatch organisation shall respond to these ad hoc requests as soon as possible and, in any event, within a maximum period of five working days. Information on available capacity should be provided to international groupings or railway undertakings that would like to use them.
9.4. The dispatch body shall be required to give reasons for any refusal to award a furrow requested.
9.5. The allocation body may, by giving reasons, delete or modify the furrows allocated:
(a) to permit unscheduled maintenance of the railway infrastructure;
(b) to grant, at the request of the Commission Intergovernmental, either of the Conceants or the two Conceants acting jointly, the priority of transportation necessary for the defence needs; and
(c) to ensure better use of the railway infrastructure Where the use of the furrow has been less than, over a period of at least one month, at a threshold defined in the Document of Reference.
The decision to amend or delete shall be preceded by a fifteen-day notice to the beneficiary of the And in consultation with interested railway undertakings. The allocation body must indicate the duration of the modification or deletion. In the case referred to in (c), the duration of the modification or deletion may be definitive, for the duration of the service schedule.
However, in the event of an emergency and of absolute necessity, in particular in the event of an accident, Failure rendering the infrastructure temporarily unusable or for any other fact that prevents the use of the infrastructure under normal security conditions, the dispatch body may remove, without prior notice, the allotted grooves During the time necessary for the restoration of the installations or the disappearance of the fact generator of the stopping of the circulations. The allocation body shall immediately inform the Intergovernmental Commission.
The arrangements for possible compensation shall be specified in the agreement reached pursuant to Article 6 (d
. The dispatch organization cooperates with other infrastructure managers in order to ensure the consistency of the furrows assigned through the Fixed Link and adjacent networks. Procedures are in place to ensure this consistency, in accordance with Article 15 of Directive 2001/14.
Article 10
Infrastructure saturated
10.1. Where the Dealers consider that it is not possible to respond favourably to the requests for capacity, they shall immediately declare that the infrastructure is full, inform the Intergovernmental Commission and apply the criteria of Priority defined in the Reference document.
10.2. The Dealers shall, within six months of the declaration referred to in Article 10.1, carry out a capacity analysis in accordance with Article 25 of Directive 2001/14. They shall inform the Intergovernmental
. After consulting the users of the infrastructure and no later than six months after the completion of the capacity analysis referred to in Article 10.2, the Dealers shall draw up a capacity-building plan, as referred to in Article 26 of the Directive 2001/14, in accordance with the relevant provisions of the Concession.
Article 11
Usage Charges
11.1. The Dealers shall cooperate with other infrastructure managers in order to ensure the efficient operation of rail services. They shall endeavour to ensure the optimum competitiveness of international rail freight transport and ensure the efficient use of the Trans-European Rail Freight
. The Dealers shall set up a pricing body which establishes the specific pricing rules and determines the charges for the use of the Fixed Link, in accordance with Chapter II of Directive 2001 /14/EC. Subject to the provisions of 11.3, Dealers shall, as infrastructure managers, perform the duties of a charging agency. In any event, the Grantees collect Fixed Link usage charges.
11.3. The charging body established in accordance with Article 11.2 shall be independent of any railway undertaking in legal, organisational or decision-making.
11.4. The charges shall be set in accordance with the relevant pricing principles laid down in Chapter II of Directive 2001 /14/EC, in particular Article 8.2, with their exceptions, to the possibilities of reduction and modulation, by holding Account for performance and possible reservation rights.
11.5. The charging organisation must be able to justify the charges invoiced in the light of the principles laid down in this Regulation and in Chapter II of Directive 2001 /14/EC, and in particular, to show that the charging system has been Applied to international groupings and railway undertakings in a fair and non-discriminatory manner. The pricing organization respects the commercial confidentiality of the information provided by the requesters.
Article 12
Redress
12.1. A railway undertaking or an international grouping, exercising or requesting to exercise rights of access or transit in the Channel Tunnel, may appeal to the Commission if it considers that it is the victim of a treatment Unfair, discriminatory or other harm, in particular against decisions made by Dealers or, where appropriate, by the railway undertaking with respect to:
(a) the Network Reference Document;
(b) The criteria contained in this document;
c) the allocation procedure and its results;
d) the pricing system;
e) the level or structure of the infrastructure usage charges that it or could be To pay;
f) the implementation and monitoring of security rules.
12.2. For the purposes of examining such remedies, the Intergovernmental Commission shall make use of designated bodies or experts in accordance with Article 10.7 of the Treaty of
. The Grantees and other interested parties shall provide, without undue delay, to the Intergovernmental Commission, any information requested. In particular, the Grantees shall provide the Intergovernmental Commission with any information necessary to ensure that the fees fixed have been provided on a non-discriminatory basis and in accordance with Chapter II of the Directive 2001 /14/EC.
12.4. The Intergovernmental Commission shall take a decision and adopt the necessary measures to remedy the situation within two months of receiving all the information necessary for this action. Notwithstanding Article 12.5, the decisions of the Intergovernmental Commission shall be binding on all parties
. The decisions of the Intergovernmental Commission may be appealed to either of the competent British or French courts. Referral to a court of one of the two States prevents the submission of a second application having the same object before a court of the other State.
12.6. In order to monitor competition in the market for the rail services concerned by the Fixed Link, the Intergovernmental Commission, without prejudice to the national competition rights of the two States, calls on bodies or experts Designated for this purpose in accordance with Article 10.7 of the Treaty of Canterbury.
Article 13
Entry into force
13.1. This regulation cancels the regulation signed on 22 December 1998.
13.2. Each Government shall notify the other of the completion of the internal procedures required, as far as it is concerned, for the entry into force of this Regulation, which shall take effect on the date of receipt of the last notification
Intergovernmental Commission, October 25, 2005, in English and French, both texts being equally authentic.
Chief
of the British Delegation
to the
Intergovernmental Commission,
John Henes
Chief
of the French delegation
to the
Intergovernmental Commision,
Jean-Pierre Ghuysen
Done at Paris, March 1, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
