A railway undertaking may appeal in relation to infrastructure charges to the Channel Tunnel Intergovernmental Commission under article 12.1 of the schedule to the Channel Tunnel (International Arrangements) Order 2005 (SI No. 2005/3207, as amended).
The Office of Rail Regulation has no powers to hear such appeals in respect of the Channel Tunnel, but may be called upon to assist the Intergovernmental Commission in dealing with them, under article 4A(1) of the same instrument.
The Channel Tunnel Intergovernmental Commission has issued guidance to assist railway operators in making applications for part B safety certificates, which they issue in respect of the Channel Tunnel.
In addition, the Intergovernmental Commission expects to consult shortly on the specific safety rules that apply to the transit of passenger trains through the Tunnel. After 15 years of operation it is necessary to consider whether the rules that were originally put in place remain valid and to ensure that they do not act as an unnecessary obstacle to the free movement of traffic, while at the same time ensuring that existing levels of safety are maintained.
The Government believe that existing legislation do contain, and the new legislation covering Channel Tunnel access to infrastructure for international rail passenger services will contain, clearly specified requirements, so that new rail operators will not need assistance when making an application.