1.In its letter to the Department of 24th April 2019, the Committee requested a memorandum on the following points:
Explain why these Regulations, which make amendments to Commission Implementing Regulation (EU) 2015/909, do not amend the limit expressed in Euros in Article 7(2) to a limit expressed in pounds sterling.
2.Commission Implementing Regulation (EU) 2015/909 applies to all railway services, including cross-border services between the United Kingdom and Europe (i.e. services using the Channel Tunnel and the Enterprise line services between Northern Ireland and the Republic of Ireland). Continuing to express this amount in Euros avoids the potential for divergence in the threshold between the United Kingdom and Europe which could result in the threshold being breached, with the result that different rules were applicable, one side of the border but not the other in respect of the same train service.
In regulation 68(a)(i), confirm that the reference to “regulation 23(4) to (10), (9) and (10) of the 2016 GB Regulations” is incorrect.
3.We confirm that this reference is incorrect; the reference should be to regulations 23(1) to (3), (9) and (10)”. We will correct this at the earliest opportunity.
Confirm that in regulation 82, the reference to paragraph 3 of Schedule 3 to the 2016 NI Regulations is incorrect.
4.We confirm that this reference is incorrect; the reference should be to paragraph 3 of Annex 7 to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area (as replaced by Commission Delegated Decision (EU) 2017/2075), to which Schedule 3 to the 2016 NI Regulations refers.
5.We are most grateful to the JCSI for pointing out the two cross-referencing errors and will make further provision to deal with them at the earliest suitable opportunity.
Department for Transport
30 April 2019
Published: 10 May 2019