Regulation 5 Access and transit rights
An international grouping is entitled, on equitable conditions—
in the case of an international grouping which includes a railway undertaking established in the United Kingdom, to such access and transit rights; or
in the case of any other international grouping, to such transit rights,
as may be necessary for the provision of international transport services between the EEA States where the undertakings constituting the grouping are established.
A railway undertaking is entitled, on equitable conditions, to such access as may be necessary for the purpose of the operation of any type of rail freight service.
It is the duty of the infrastructure manager to ensure that the entitlements conferred by this regulation are honoured.
Without prejudice to the generality of regulation 29, if an international grouping or railway undertaking is denied the entitlements conferred on it by this regulation, that international grouping or railway undertaking has a right of appeal to the Office of Rail Regulation in accordance with regulation 29.