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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

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.