Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2008-475 of 22 May 2008 authorizing the approval of the rules of the Intergovernmental Commission on the Safety of the Trans-Manche Fixed Liaison, signed in London on 24 January 2007;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 87-757 of 9 September 1987 authorizing the publication of the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation by private companies concessionaries of a fixed transmanche link;
Vu le Decree No. 2006-263 of 1 March 2006 publishing the rules of the Intergovernmental Commission on the use of the Channel Tunnel by international groupings or railway companies, adopted in London on 25 October 2005,
Decrete:
The rules of the Intergovernmental Commission on the Safety of the Trans-Manche Fixed Liaison, signed in London on 24 January 2007, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
G L E M E N T
OF THE INTERGOVERNMENTAL COMMISSION ON
THE SECURITY OF THE FIXTH LIAISON TRANS-MANCHE
The Intergovernmental Commission (CIG), established to monitor on behalf of the two French and British governments and by delegation of them all matters related to the construction and operation of the Fixed Liaison,
In view of the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation by private companies concessionaries of a trans-Manche fixed link, signed in Cantorbéry on 12 February 1986 (the Treaty), including Articles 1 and 10,
In light of Council Directive 95/18/EC of 19 June 1995 on the licences of railway companies, as amended by Directive 2001/13/EC of the European Parliament and Council of 26 February 2001 and Directive 2004/49/EC of the European Parliament and Council of 29 April 2004,
In light of Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of community railways and amending Council Directive 95/18/EC on railway licences as well as amended Directive 2001/14/EC on the distribution of railway infrastructure capacity, railway infrastructure pricing and security certification.
Considering Directive 2004/50/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 96/48/EC on the interoperability of the high-speed trans-European railway system and Directive 2001/16/EC of the European Parliament and the Council on the interoperability of the conventional trans-European railway system,
In light of Directive 2004/51/EC of the European Parliament and of the Council of 29 April 2004 amending Council Directive 91/440/EEC on the development of community railways,
Having regard to Regulation (EC) 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency,
Having regard to decision 884/2004/EC of the European Parliament and of the Council of 29 April 2004 amending decision 1962/96/EC on the Community orientations for the development of the trans-European transport network,
In view of the arrangements made by the French Republic and the United Kingdom of Great Britain and Northern Ireland to transpose articles 19 to 25 of Directive 2004/49/EC,
In view of the quadripartite Concession, concluded on 14 March 1986, between the Minister of Planning, Housing and Transport representing the French State and the Secretary of State for Transport of the United Kingdom of Great Britain and Northern Ireland and, on the other hand, France Manche SA and the Channel Tunnel Group Limited (the Concession),
Considering the rules of the Intergovernmental Commission signed on 25 October 2005 concerning the use of the Channel Tunnel by international groupings or railway companies,
Considering the specific nature of the investment made to ensure the design, financing, construction and operation, since 1994, of the tunnel under the Channel,
Considering the need to ensure a unified security regime within the transboundary infrastructure of the Fixed Liaison,
Considering that the unified security regime takes into account the specific risks of the Fixed Liaison,
After consulting the Treaty Security Committee,
Stop the following rules:
PART I
1. Definitions:
i. The term "accident" means an unintentional or unintended event, or a particular sequence of events of this nature, having adverse consequences; accidents are ventilated according to the following types: collisions, derailments, accidents at grade crossings, accidents of persons caused by rolling stock, fires and others;
ii. The term "serious accident" means any train collision or train derailment that results in at least one fatality or at least five seriously injured persons or significant damage to rolling stock, infrastructure or the environment, and any other similar accidents that have obvious consequences for the regulation or management of railway safety; "significant damage" means damage that can be immediately estimated by the competent investigative body at a total of at least 2 million euros;
iii. The term "Agency" means the European Railway Agency, i.e. the Community Agency for Rail Safety and Interoperability established by the aforementioned Regulation (EC) 881/2004;
iv. The term "Security Authority" refers to the body responsible by France and the United Kingdom for tasks related to the security of the Fixed Liaison in accordance with Article 3 (g) and Article 16 of Directive 2004/49/EC to ensure a unified security regime on the specific transboundary infrastructure of the tunnel under the Channel;
v. The term "certification part A" means certification confirming acceptance of the safety management system of a railway undertaking, issued by the security authority of the Member State where the railway company establishes its activities in the first place;
vi. The term "certification Part B" means the certification granted to railway companies by the Intergovernmental Commission under the conditions of these Regulations and only valid for their activities on the Joint Section;
vii. The term "Intergovernmental Commission" (IGC) means the Intergovernmental Commission established by Article 10 of the Treaty to follow, on behalf of the Governments (the Compeders) of the French Republic and the United Kingdom of Great Britain and Northern Ireland and by delegation of them, all matters related to the construction and operation of the Fixed Liaison;
viii. The term "Concession" has the same meaning as that given in Article 1 of the Treaty;
ix. The term "Concessionaries" has the same meaning as that given in article 1 of the treaty;
x. The term "interoperability components" means any elemental component, group of components, subset or complete set of equipment incorporated or intended to be incorporated into a subsystem, which directly or indirectly depends on the interoperability of the high-speed or conventional railway system, as defined in Directives 96/48/EC and 2001/16/EC. The notion of "constitutive" covers material but also immaterial objects such as software;
xi. The term "investigation" means a procedure whose purpose is to prevent accidents and incidents and to collect and analyze information, draw conclusions, including the determination of causes, and, where appropriate, make safety recommendations;
xii. The term "rail company" means a railway company within the meaning of Directive 2001/14/EC and any other public or privately owned company whose activity is the provision of freight and/or passenger transport services by rail, the traction that must be provided by that company; This also includes companies that provide only traction. But this does not include the Concessionaries whose transport activities are limited to the provision of shuttle services for road vehicles through the tunnel under the Channel;
xiii. The term "Infrastructural Manager" means any entity or company that is in particular responsible for the establishment and maintenance of the railway infrastructure or part thereof, as defined by section 3 of Directive 91/440/EEC. Dealers are the infrastructure manager of the Fixed Liaison in accordance with the Treaty and are also responsible for the management of infrastructure regulatory and security systems;
xiv. The term "common safety indicators" means the common safety indicators described in Annex 2 to these Regulations;
xv. The term "incident" means any event, other than a serious accident or accident, related to the operation of trains and affecting operational safety;
xvi. The term "fixed link" refers to the trans-Manche fixed link as defined in Article 1.2 of the Treaty;
xvii. The term "common safety methods" (MSC) refers to the methods that are developed by the Agency to describe how to assess safety levels, the achievement of security objectives and compliance with other security requirements;
xviii. The term "common safety objectives" (CSO) refers to safety levels, to be determined by the Agency, which must at least reach the various parts of the railway system (such as the high-speed railway system and long rail tunnels) and the system as a whole, expressed as risk acceptance criteria;
xix. The term "investigation bodies" means the British and French national investigative bodies, respectively:
(a) the Rail Accident Investigation Branch established by the Railways and Transport Safety Act 2003;
(b) the Land Transport Accident Investigation Office (EAB-TT), established by the Act No. 2002-3 of 3 January 2002 and Decree No. 2004-85 of 26 January 2004 modified;
xx. The term "notified bodies" means the bodies responsible for assessing the conformity or suitability of the interoperability components or for instructing the CE verification procedure of the subsystems, as defined in Directives 96/48/EC (interoperability of the high-speed trans-European railway system) and 2001/16/EC (interoperability of the conventional trans-European railway system);
xxi. The term "unified safety rules" means the safety rules notified to the European Commission applicable to the Fixed Liaison, which describe the security requirements to be met for the design, maintenance and operation of the railway system. The objective of these rules is to contribute to the overall level of security.
xxii. The term "Community Section" refers to the part of the Fixed Link facilities that is usually used by all types of trains to provide the services described in section 1 of the Intergovernmental Commission Regulation of 25 October 2005 concerning the use of the Channel Tunnel by international groupings or railways;
xxiii. The term "technical specifications for interoperability" (STI) means the specifications of which each subsystem or subsystem is subject to in order to meet the essential requirements and ensure the interoperability of high-speed and conventional trans-European railway systems, as defined in Directive 96/48/EC and Directive 2001/16/EC;
xxiv. The term "security management system" refers to the organization and provisions established by an infrastructure manager or a railway company to ensure the safe management of its activities;
xxv. The term "rail system" means the entire railway network of the Fixed Link:
(a) It is constituted by all or part of the subsystems of a structural and functional nature as defined in Directives 96/48/EC and 2001/16/EC, including:
- railway tracks and fixed installations,
- the rolling stock authorized to use these infrastructures,
- Tunnel risk prevention and protection equipment,
– the elements necessary for the management and operation of the Fixed Liaison in its entirety.
(b) It also includes shuttle services for road vehicles of the Concessionaries;
xxvi. The term "Treaty" refers to the Treaty between the French Republic and the United Kingdom of Great Britain and Northern Ireland concerning the construction and operation by private companies concessionaries of a trans-Manche fixed link, signed at Cantorbéry on 12 February 1986.
PART II
MISSIONS AND RESPONSIBILITIES
Security Authority (AS)
2. The Intergovernmental Commission is the Security Authority for the Fixed Liaison.
3. The Intergovernmental Commission, taking into account the particular characteristics of the railway system, ensures that railway safety is maintained overall and, where reasonably feasible, consistently improved, taking into account the evolution of community legislation as well as technical and scientific progress, and giving priority to the prevention of serious accidents.
4. The tasks of the Intergovernmental Commission, as the Security Authority, are at least the following:
i. authorize (in accordance with the requirements of Article 14 of Directive 96/48/EC and Directive 2001/16/EC) the commissioning of any subsystem comprising part of the high-speed trans-European railway system or part of the conventional trans-European railway system, included and/or operated within the limits of the Fixed Linkage;
ii. verify that all of these structural subsystems are operated and maintained in accordance with their essential requirements;
iii. verify, provided that this is justified for the railway system, that interoperability components comply with the essential requirements set out in Article 12 of Directives 96/48/EC and 2001/16/EC;
iv. authorize the commissioning, within the limits of the Fixed Link, of new or substantially modified rolling stock that is not covered by a technical interoperability specification (ITS);
v. authorize, as already provided for in the Concession, the commissioning, within the limits of the Fixed Link, of new or substantially modified rolling stock used for road vehicle shuttle services;
vi. issue, renew, modify and revoke relevant elements of the security certifications granted to railway companies as long as they relate to the Fixed Liaison;
vii. issue, renew, modify and revoke relevant elements of the security clearance granted to the Concessionaries;
viii. verify for the Fixed Liaison that the conditions and requirements of certifications and security clearance are met and that the activities of railways and dealers comply with the requirements of Community, National and Intergovernmental Commission regulations;
ix. verify, promote and, where appropriate, enforce and develop the safety regulatory framework applicable to the railway system, including unified safety rules;
x. ensure that the rolling stock authorized to circulate on the Fixed Link is duly registered with the corresponding security information in a national register established in accordance with Article 14 of Directive 96/48/EC and Directive 2001/16/EC and that the recorded information is accurate and up-to-date;
xi. publish and transmit to the Agency, as early as 30 September 2007, and thereafter every year no later than 30 September, a report on its activities during the previous year, containing information on the evolution of railway safety, common safety indicators, certification and security accreditation, the significant changes in railway safety legislation and regulations within the limits of the Fixed Linkage and the lessons learned from the railways
5. (a) The Intergovernmental Commission shall carry out its tasks in an open, non-discriminatory and transparent manner. In particular, it allows all parties to be heard and indicates the reasons for its decisions.
(b) It promptly responds to requests and requests, submits requests for information without delay and adopts all decisions within four months after all requested information has been provided.
6. (a) For the above-mentioned tasks, the Intergovernmental Commission:
i. may at any time request technical assistance from the Concessionaries, railways or other qualified bodies;
ii. conducts all necessary inspections and investigations, using, in accordance with the provisions of Article 10 (7), 10 (8), 11 (6), and 11 (8) of the Treaty, the collaboration of the administrations of each Government and of any body or expert of its choice. Without prejudice to the inspection powers that the Intergovernmental Commission has under the Concession, these inspections and investigations in France are carried out under the same conditions as those applicable to the inspections and investigations carried out by the security authorities of the French Republic when they fulfill their mission outside the Fixed Liaison and in Great Britain, are carried out in accordance with the relevant legislative and regulatory provisions.
(b) To assist the Intergovernmental Commission in carrying out the above-mentioned tasks, concessionaires and railways provide the Intergovernmental Commission, upon request, with access to all appropriate documents and to premises, facilities, equipment and equipment.
7. The Intergovernmental Commission may duly empower persons for the purposes of Article 6 (a) ii. These persons carry out their missions in such a way as to cause the minimum disruption in the operation of the Fixed Liaison, without preventing the legitimate fulfilment of their missions that aims to verify compliance with security requirements in accordance with the conditions of issue of security clearance to the Concessionaries and the certification of Part B to railways.
8. The Concessionaries and railway companies shall, at their request, inform the Intergovernmental Commission on any security matters. In addition, they and they immediately report to the Intergovernmental Commission:
i. serious accidents on the railway system;
ii. any other accident or incident within the categories specified and notified by the Intergovernmental Commission.
9. The Concessionaries and any railway undertaking using the common section shall, at its request, communicate to the Intergovernmental Commission the appropriate information on significant incidents, potential return of experience in the field of safety and investigations that may be carrying on the security of the railway system.
10. The Intergovernmental Commission, to monitor and evaluate the implementation of the security requirements for the Fixed Liaison, and without prejudice to the right of the Concessionary to receive reports and information from the Concessionaries, collects relevant elements using the common security indicators described in Annex 2 and any other indicator that may be relevant to the Fixed Liaison.
Infrastructure Manager
11. The Concessionaries are the infrastructure manager of the Fixed Link.
12. Without prejudice to the civil liability established in accordance with the legal requirements, the Concessionaries are responsible for the railway system and the operational security of the latter, including the provision of equipment and the outsourcing of services, vis-à-vis users, customers, personnel concerned and third parties.
13. To this end and without prejudice to their responsibilities under the Concession, the Concessionaries shall take all necessary measures, including:
i. Implement any measures necessary for risk control, if applicable in cooperation with railways,
ii. comply with the requirements specified in community and national legislation and in unified railway safety rules,
iii. are responsible for the compliance of the operation of road vehicle shuttle services with the requirements applicable to the Common Section,
iv. ensure that rolling stock used to carry out road vehicle shuttle services is authorized to operate on the Common Section,
v. ensure the good condition of rolling stock used to carry out their road vehicle shuttle service activities,
vi. ensure that railways and subcontractors have access to information that is necessary for the exercise of their responsibility for training and certification of personnel assigned to security tasks, including information on procedures for the prevention and protection of risks in the tunnel,
vii. ensure that their personnel assigned to security tasks have received training, possess and maintain the appropriate skills and certification,
viii. take the necessary precautionary measures, if they find or are notified of a situation with a serious or imminent risk for safety resulting from a serious or repeated failure of railways to the applicable unified security rules,
ix. refer the Intergovernmental Commission to any serious or repeated failure of railways to the applicable unified security rules and to the provision of interim measures to enable the Intergovernmental Commission to assess the measures to be taken, including those referred to in section 54.
Railway enterprises
14. Without prejudice to the civil liability established in accordance with the legal requirements, any railway company is responsible for the safe operation of its activities on the Common Section, including the provision of equipment and the outsourcing of services, vis-à-vis users, customers, personnel concerned and third parties.
15. To this end, railway companies take all relevant measures, including:
i. Implement any measures necessary for risk control, if necessary in cooperation with the Concessionaries,
ii. comply with the requirements specified in the unified railway safety rules,
iii. ensure that their personnel assigned to security tasks have been trained, possessed and maintained appropriate skills and certification, including those related to tunnel risk prevention and protection procedures,
iv. ensure that rolling stock used to carry out their rail transport activities is permitted to operate on the Common Section,
v. ensure the good condition of rolling stock used to carry out their rail transport activities.
Annual report on security
16. No later than 30 June of each year, starting in 2007, the Concessionaries and all railway companies that use the Common Section submit to the Intergovernmental Commission an annual security report on their activities within the limits of the Fixed Linkage carried out during the previous calendar year. The security report includes:
i. information on how the Concessionaries or the railway company achieve their own safety objectives,
ii. the results of security plans,
iii. the common security indicators included in annex 2 to the extent that these security indicators are relevant to their organization,
iv. results of internal security audits,
v. comments on deficiencies and deficiencies in the operation of the railway operations and infrastructure management of the Fixed Link that may be of interest to the Intergovernmental Commission.
Unified security rules
17. The Intergovernmental Commission ensures that binding unified security rules are published in the French and English language and are brought to the attention of the Concessionaries, adjacent infrastructure managers, railway companies, security certificate applicants and security clearance applicants.
18. The unified safety rules complement the requirements of the technical interoperability specifications (ITS) that apply to all or part of the railway system.
19. The Intergovernmental Commission shall ensure, taking into account the specificities of the railway system, that any necessary modifications are made to the unified safety rules, taking into account the adoption and revision of common safety methods and to achieve at least the common security objectives in accordance with the timetable for the implementation of these common security objectives.
20. The Intergovernmental Commission shall inform the Government of the French Republic and the Government of the United Kingdom of any need to notify the European Commission of an amendment to existing unified security rules or a new unified security rule, unless the amendments and proposals relate exclusively to the implementation of a technical specification of interoperability.
21. In developing unified security rules, the Intergovernmental Commission shall consult with all concerned and interested parties.
PART III
SAFETY MANAGEMENT, SAFETY SAFETY SAFETY AND PART B OF THE SECURITY CERTIFICATE OF RAILS
Security Management Systems (SMS)
22. The Concessionaries establish and implement a security management system that demonstrates their ability to assume their security responsibilities.
23. The Concessionary Security Management System meets the requirements and contains the elements listed in Schedule 1 to these Regulations that are appropriate to the nature, importance and other characteristics of the activities carried out with the objective of ensuring a unified security regime for the Fixed Liaison and under the conditions established by the Intergovernmental Commission. Without prejudice to existing national and international liability laws, the Concessionary Security Management System also takes into account, as appropriate and within reasonable terms, the risks resulting from third-party activities.
24. The Concessionary Security Management System takes into account the effects of the activities of the various railway companies on the Common Section and includes provisions allowing all railway companies to operate in accordance with the ITS applicable to the relevant national rules, unified safety rules and conditions set out in their Part B certification. It includes the Concessionary Emergency Procedures coordination measures with all railway companies using the Common Section.
25. The Concessionary Security Management System contains the necessary provisions to control the risks associated with the introduction of a new element into the railway system or the modification of an existing element of the so-called railway system.
26. Railway companies must demonstrate to the IGC the acceptance of a security management system by the Member State where they established their activities first.
Concessionary security clearance
27. The Concessionaries may only manage and operate the Fixed Liaison if they are in possession of a security clearance issued by the Intergovernmental Commission for that purpose.
28. The security clearance confirms acceptance by the Intergovernmental Commission:
(a) the Concessionary Security Management System,
(b) arrangements made by the Concessionaries to meet the specific requirements required to ensure the safety of the railway system at the design, maintenance and operation levels.
29. The Intergovernmental Commission provides detailed information on the procedures for the application of the security clearance, its duration, the terms of its issuance, its update, its modification, its revision, its renewal, its suspension and its withdrawal.
30. The validity of a security clearance is not more than 5 years and is clearly indicated on the security clearance.
31. The Concessionaries must make an application to renew their security clearance, at least four months before its expiry.
32. The Intergovernmental Commission shall make a decision on applications for security clearance as soon as possible and in all cases no later than four months after all the required information and additional information requested by the Intergovernmental Commission have been provided. If the applicant is invited to provide additional information, the applicant will promptly communicate it.
33. Unless otherwise agreed with the Intergovernmental Commission, all applications for security clearance and all accompanying documents must be produced in the English and French language language.
34. (a) The Concessionaries shall promptly inform the Intergovernmental Commission of any proposal for a substantial amendment to infrastructure, signalling, energy supply, rolling stock or principles applicable to its operation and maintenance, and shall propose the appropriate amendments to their security clearance;
(b) By proposing the introduction of a new element into the railway system or the modification of an existing element of this system, the Concessionaries shall ensure that this new element or changes will not degrade the overall level of safety and, where reasonably feasible, improve it;
(c) The Intergovernmental Commission shall initiate these proposals in accordance with the procedures applicable to a request for security approval;
(d) The validity of the security clearance is not altered by the acceptance of one of these proposals unless the Intergovernmental Commission decides otherwise and the amendment accordingly to the security clearance.
35. The Intergovernmental Commission may require a review of the security clearance in the event of a substantial change in the security regulatory framework.
36. If the Intergovernmental Commission finds that the Concessionaries no longer meet the requirements for security clearance, it may, without prejudice to the emergency measures to be taken, after formal notification and by giving the Concessionaries the opportunity to express themselves and after reviewing the observations concerned, amend, limit, suspend or withdraw the approval, by motivating its decision. The Concessionaries shall take appropriate measures to inform railways using the Common Section of any significant consequences for their activities.
37. The Intergovernmental Commission shall notify the Agency within one month of the issuance, renewal, modification or withdrawal of the security clearance. The notification mentions the name and address of the Concessionaries, the date of issue, the area of application and the validity of the security clearance and, in the event of withdrawal, the reasons for its decision.
38. A security clearance issued to the Concessionaries by the Intergovernmental Commission, including a tacit security clearance within the meaning of section 73 (a), may also, if the Intergovernmental Commission considers it appropriate and indicates it in writing, constitute a certificate confirming the acceptance by the Intergovernmental Commission, in accordance with the provisions of section 10 (2, a) of Directive 2004/49/EC, of the required Concessionary Security Management System
Part B of the Safety Certificate
railway enterprises
39. To use the Common Section, a railway company must have a security certificate including:
(i) part A certification and,
(ii) a Part B certification issued by the Intergovernmental Commission.
40. Part B certification may only be granted for rail transport activities that are equivalent to those specified in Part B certification A owned by the railway company.
41. The validity period of Part B certification is not more than five years and is clearly indicated on it. In all cases, the validity of Part B certification ends when the validity of Part A certification ceases.
42. The application of a railway company for a Part B certification must include:
i) proof that it is in possession of a party certification Confirming acceptance of its SMS;
(ii) evidence of the measures taken to meet the specific requirements necessary for the safe use of the Common Section. These elements include documentation on:
(a) ITS or parts of ITS and, where appropriate, unified safety rules and other rules applicable to its activities, personnel and rolling stock, as well as how compliance is ensured by the security management system;
(b) The various categories of personnel of the undertaking or its contractors, including evidence that such personnel meet the requirements of ITS, unified security rules or national rules and that they have been duly certified;
(c) The various types of rolling stock used for its activities, including evidence that they meet the requirements of ITS or unified safety rules and have been duly certified;
(d) Training and certification of train drivers and staff performing essential safety tasks related to the knowledge of ITS, unified safety rules and procedures to be followed in the event of an emergency specific to the tunnel under the Channel.
43. In order to avoid duplication and limit the amount of information, only a summary documentation will be submitted regarding elements that comply with ITS and other provisions of Directives 96/48/EC and 2001/16/EC.
44. Unless otherwise agreed with the Intergovernmental Commission, all documentation submitted in support of a Part B certification application must be produced in French and English.
45. Part B certification confirms the acceptance by the Intergovernmental Commission of the provisions made by the railway company to meet the specific requirements necessary for the safe use of the Common Section.
46. Railway companies must, upon request, communicate to the Concessionaries their Part B certification.
47. The Intergovernmental Commission takes a decision on Part B certification requests as soon as possible and in all cases no later than four months after all required information and additional information requested by the Intergovernmental Commission has been provided. If the applicant is invited to provide additional information, the applicant will promptly communicate it.
48. The Intergovernmental Commission seeks the advice of the Concessionaries on the application for Part B certification submitted by a railway company upon the initiation of its instruction.
49. The Intergovernmental Commission provides detailed information on the formalities of Part B certification application, the modalities for its issuance, updating, modification, revision, renewal and withdrawal.
50. The licensee of a Part B certification must make an application for the renewal of its Part B certification, at least four months before its expiry.
51. The holder of a Part B certification promptly informs the Intergovernmental Commission of all significant changes to the conditions of its Part A certification, and further informs the Commission when new categories of personnel or the acquisition of new types of rolling stock are proposed.
52 (a) The holder of a Part B certification shall promptly inform the Intergovernmental Commission of any proposal for a substantial modification of the type or scope of its activities, or any amendment proposal arising out of Article 51 that would require an amendment to its security certificate and propose the appropriate amendments to its Part B certification;
(b) By proposing the introduction of a new element into the railway system or the modification of an existing element of this system, the holder of a Part B certification ensures that this new element or amendments will not degrade the overall level of safety and, where reasonably feasible, will improve it;
(c) The Intergovernmental Commission initiates these proposals in accordance with the procedures for a Part B certification application. The validity of Part B certification is not altered by the acceptance of any of these proposals for introduction or amendment, unless otherwise decided by the Intergovernmental Commission and consequential amendment to Part B certification.
53. The Intergovernmental Commission may require a review of the relevant part of Part B certification in the event of a substantial change in the security regulatory framework.
54. If the Intergovernmental Commission finds that the licensee of a Party B certification that it has issued no longer meets the requirements, it may, without prejudice to the emergency measures to be taken, after formal notification and giving the certification holder the opportunity to express themselves and after having examined the observations concerned, amend, limit, suspend or withdraw the Part B certification, by motivating its decision. The Intergovernmental Commission immediately informs of its decision the security authority that has granted certification Part A and the Concessionaries.
55. The Intergovernmental Commission shall withdraw to its licensee the certification of Part B granted, if it is not used according to the use provided in the year following its issuance.
PART IV
SPECIAL PROVISIONS TO THE TRAINING OF TRAINS AND PERSONNEL CONDUCTORS WITHIN WHICH TESTS OF SECURITY
Access to training services
56. Fair and non-discriminatory access to the training required to obtain a Part B certification in accordance with the requirements of section 42ii d is provided by the Concessionaries, by railway companies or by appropriate training services, to train drivers and personnel of any railway undertaking performing essential safety tasks.
57. (a) The training must cover the knowledge of the relevant aspects of the railway system, in particular line knowledge, operating rules and procedures, the signalling and control system, and emergency procedures;
(b) If training services do not include examinations and the issuance of a certificate to assess personnel and to certify that they meet the relevant requirements of Part B certification, the Intergovernmental Commission ensures that railways have access to such certification if this is a requirement of Part B certification.
58. Training and, where applicable, the issuance of certificates required for a Part B certification must meet the safety requirements defined in ITS or in unified safety rules.
59. If training services are offered only by a single railway company or by the only Dealers, the related benefits are made available to any railway or infrastructure manager at a reasonable and non-discriminatory price, proportionate to the cost of the service rendered and may include a profit margin.
60. Individuals currently or formerly employed as train drivers and staff performing essential safety tasks may have access, on a simple request from the organizations concerned, to the documents proving their training, qualifications and experience, obtain copies and communicate them.
PART V
SPECIAL PROVISIONS TO THE ROULING MATERIAL
Authorization of rolling stock
by railway companies
61. The rolling stock that has been authorized to operate in a Member State of the European Union, but which is not fully covered by the relevant ITS, is not permitted to circulate on the Fixed Liaison without having received authorization from the Intergovernmental Commission.
62. The applicant for such an authorization shall submit to the Intergovernmental Commission a technical record of rolling stock or type of rolling stock indicating the intended use of the Common Section. The file provides the necessary justifications and contains the following information:
(i) evidence that the commissioning of rolling stock has been authorized in a Member State of the European Union and copies of records showing the history of its operation, its maintenance and, where appropriate, technical modifications;
(ii) the appropriate technical data, maintenance programme and operational characteristics required by the Intergovernmental Commission for this authorization;
(iii) Evidence that the technical and operational characteristics of rolling stock ensure compatibility with the railway system and unified safety rules;
(iv) information on exemptions to unified security rules that may be necessary to grant authorization, and evidence, based on the risk assessment, that acceptance of rolling stock does not create an excessive risk on the Fixed Link.
63. The Intergovernmental Commission seeks the advice of the Concessionaries on the request and may request that rolling stock tests be carried out on the Fixed Link to verify compliance with the specific requirements of the railway system. The Intergovernmental Commission defines the scope and content of these tests. Royalties may be collected for the capacity used to conduct such tests. These fees are not above the net cost of these tests for the Concessionaries and are borne by the applicant.
64. The Intergovernmental Commission shall notify the railway company of its decision as soon as possible and no later than four months after the submission of the complete technical record, including the test documents. The authorization certificate may contain conditions of use and other restrictions.
65. The Intergovernmental Commission shall promptly inform the Concessionaries of its decision on the application of the railway undertaking and shall transmit a copy of the authorization issued.
66. Any approval or authorization for the use of rolling stock on the Fixed Link (including amendments made), issued by the Intergovernmental Commission and in a state of validity immediately before the coming into force of these Regulations, is considered to be an authorization within the meaning of section 61 above.
PART VI
ON ACCIDENTS
AND INCIDENTS
67. Investigations into serious accidents and accidents and incidents that, under slightly different circumstances, could have led to serious accidents, including technical failures at the level of structural subsystems or interoperability components and within the limits of the Fixed Liaison, are carried out by investigative bodies, functionally independent of the Intergovernmental Commission.
68. When deciding whether to conduct an investigation and when carrying out their functions, the investigative bodies act in accordance with the provisions of their national laws, as well as in the mutual cooperation arrangements between these bodies. Investigation bodies take into account the relevant aspects of the security regime for the Fixed Liaison, as established by both Governments and the Intergovernmental Commission.
69. The Intergovernmental Commission, Concessionaries and railway companies may apply to investigative bodies for investigation. Investigation agencies, when considering such requests, act under the provisions of their national laws, as well as arrangements for mutual cooperation between them.
70. The Concessionaries, railways and, if necessary, the Intergovernmental Commission shall immediately report to any of the investigative bodies the accidents and incidents referred to in Article 8 above, without prejudice to the provisions of mutual information provided for in the cooperation arrangements.
71. The Intergovernmental Commission shall take the necessary steps to ensure that the recommendations of the investigative bodies concerning the Fixed Link are duly taken into account by the Concessionaries and railway companies and, where appropriate, implemented.
72. The Intergovernmental Commission shall report, at least once a year, to the investigative body concerned on measures taken or planned as a result of the recommendations made by the Intergovernmental Commission.
PART VII
TRANSITIONAL AND OTHER PROVISIONS
Transitional provisions relating to Accreditation
and Certification Part B
73. (a) Any acceptance (including amendments) in a condition of validity immediately before the coming into force of these Regulations notified to the Concessionaries by the Intergovernmental Commission on a security record for the Fixed Liaison (or its amendments), submitted by the Concessionaries to the Intergovernmental Commission, is recognized as a security clearance within the meaning of Article 28 above.
(b) The tacit security clearance referred to in Article 73 (a) above shall retain its validity for one year after the coming into force of these Regulations or until it is replaced by a new security clearance issued in accordance with the provisions of these Regulations, on the date that comes first.
74. (a) Any acceptance (including amendments) in a condition of validity immediately before the coming into force of these Regulations notified to a railway undertaking by the Intergovernmental Commission on a security record (or its amendments) submitted to the Intergovernmental Commission and concerning the common section is recognized as a certification, Part B within the meaning of section 39 ii above.
(b) Part B, tacit certification referred to in section 74 (a) above shall retain its validity for two years after the coming into force of these Regulations or until it is replaced by a new Part B certification, issued in accordance with the provisions of these Regulations, on the date that comes first.
Miscellaneous provisions
75. The rules of the Intergovernmental Commission on the use of the Channel Tunnel by international groupings or railway companies adopted on 25 October 2005 are thus amended:
(i) Item 6 (c) is replaced by the following provisions:
"he (or she) has a valid security certificate in accordance with Article 39 of the rules of the Intergovernmental Commission transposing Directive 2004/49/EC of the European Parliament and of the Council (Directive on Railway Safety) signed on 24 January 2007. »
(ii) item 12.1 (f) is replaced by the following provisions: "access to the network provisions".
76. The decisions of the Intergovernmental Commission made pursuant to the binational regulations established in accordance with the provisions of Article 10 (3, e) of the Treaty may be appealed to either of the French or British courts under the conditions provided for by the national law applicable to these jurisdictions. The seizure of a jurisdiction of one of the two States is an obstacle to the submission of a second application having the same object before a jurisdiction of the other State.
77. These Regulations shall enter into force on the date of the last notification by each Government of the performance of the internal procedures required for them.
Done by the Intergovernmental Commission on 24 January 2007, in English and French, both texts being equally authentic.
The chief
of the delegation of France
to the Commission
intergovernmental,
Marc Abadie
The chief
of the British delegation
to the Commission
intergovernmental,
Roy J. Griffins
Done in Paris, July 28, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
