The Railways (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations 2019

Made: 17th January 2019

Laid before Parliament: 21st January 2019

Coming into force: 11th February 2019

The Secretary of State is a Minister designated for the purposes of that section in relation to measures relating to railways and railway transport[^f00002].

Citation, extent and commencemen

1

• (1) These Regulations, which do not extend to Northern Ireland, may be cited as the Railways (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations 2019.

• (2) These Regulations come into force on 11th February 2019.

Amendment of the 2005 Regulations

2

• (1) Until the end of 31st December 2020, the Railway (Licensing of Railway Undertakings) Regulations 2005[^f00003] apply with the following modifications.

• (2) In regulation 2 (interpretation) for the definition of “the 2012 Directive” substitute—

• “the 2012 Directive” means Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area (recast)[^f00004];

• (3) In Schedule 2, paragraph 2(c)(i), after “health and safety” insert “or any applicable law relating to binding collective agreements”.

Amendment of the 2016 Regulations

3

The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016[^f00005] are amended in accordance with regulations 4 to 7.

Regulatory decisions concerning passenger services

4

In Regulation 33—

• (a) omit paragraph (2);

• (b) in paragraph (13), after “set out in” insert “Commission Implementing Regulation (EU) 2018/1795 of 20 November 2018 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the Council[^f00006] or, in relation to applicants’ notifications received sufficiently in advance for the passenger services to be able to start before 12 December 2020,”.

Timetable for the Allocation Process

5

For Schedule 4 (timetable for the allocation process), substitute the schedule that is set out in Schedule 1 to these Regulations.

Transitory modifications

6

After regulation 46 (review) insert—

(47) The transitory modifications set out in Schedule 6 apply.

7

After Schedule 5, insert the schedule that is set out in Schedule 2 to these Regulations.

SCHEDULE 1

SCHEDULE 2

Signed

Signed by the authority of the Secretary of State

Andrew Jones — Parliamentary Under Secretary of State — Department for Transport — 17th January 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations implement, for a transitory period ending at the end of 31st December 2020, Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure.

Directive 2012/34/EU was implemented in Great Britain by the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (the “2016 Regulations”). In implementing Directive (EU) 2016/2370, these regulations make amendments to the 2016 Regulations.

Directive (EU) 2016/2370 introduces requirements facilitating open access to domestic, as well as international, Member State rail markets. It also contains separation and transparency requirements where both the rail infrastructure and rail passenger services are operated within a vertically operated undertaking.

These changes are implemented by means of transitory modifications to Parts 1 to 6 of the 2016 Regulations, set out in new Schedule 6 (Transitory modifications) to the 2016 Regulations (see regulations 6 and 7 and Schedule 2 to these Regulations).

These Regulations also (in regulation 2) make two minor transitory modifications to the Railway (Licensing of Railway Undertakings) Regulations 2005 to update the definition of “the 2012 Directive” and to give effect (in Schedule 2, paragraph 2(c)(i)) to Article 1(9) of Directive (EU) 2016/2370. This amends the criteria to be applied by the Office of Rail and Road in determining whether a railway undertaking is of good repute for the purposes of deciding whether to grant a European licence to that undertaking.

These Regulations also—

• (in regulation 5 and Schedule 1, which substitutes a new Schedule 4 (timetable for the allocation process) to the 2016 Regulations) give effect to Commission Delegated Decision (EU) 2017/2075 of 4 September 2017 replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area; and

• (in regulation 4) amend regulation 33 (Regulatory decisions concerning international passenger services) of the 2016 Regulations to take account of the coming into force of Commission Implementing Regulation (EU) 2018/1795 of 20 November 2018 laying down procedure and criteria for the application of the economic equilibrium test pursuant to Article 11 of Directive 2012/34/EU of the European Parliament and of the Council; Regulation (EU) 2018/1795 replaces (subject to transitional provisions) Commission Implementing Regulation (EU) No 869/2014 of 11 August 2014 on new rail passenger services.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private sector is foreseen.

An Explanatory Memorandum and Transposition Note is published alongside this instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^f00002]: S.I. 1996/266, to which there are amendments not relevant to these Regulations.

[^f00003]: S.I. 2005/3050, amended by SI 2016/645; there are other amendments but none is relevant.

[^f00004]: OJ No. L 343, 14.12.2012, p.32; as amended by Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the rail market for domestic passenger transport services by rail and the governance of the railway infrastructure (OJ No. L 352, 23.12.2016, p.1) and Commission Delegated Decision (EU) 2017/2075 of 4 September replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area (OJ No. L 295, 14.11.2017, p.69).

[^f00005]: S.I. 2016/645.

[^f00006]: OJ No. L 294, 21.11.2018, p. 5

[^f00007]: OJ No. L 295, 14.11.2017, p.69.

[^f00008]: OJ No. L 343, 14.12.2012, p.32; as amended by Directive (EU) 2016/2370 of the European Parliament and of the Council of 14 December 2016 amending Directive 2012/34/EU as regards the opening of the market for domestic passenger transport services by rail and the governance of the railway infrastructure (OJ No. L 352, 23.12.2016, p.1) and Commission Delegated Decision (EU) 2017/2075 of 4 September 2017 replacing Annex VII to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area (OJ No. L 295, 14.11.2017, p.69).

[^f00009]: OJ No. L 24, 29.1.2004, p.1.

[^f00010]: 2009 c. 20. Section 103(1) was amended by sections 12(1) and (2) and 14(1) and (2) of the Cities and Local Government Devolution Act 2016 (c. 1).