Recital (8)

The operation of the Channel fixed link is regulated in particular by the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the Construction and Operation by Private Concessionaires of a Channel Fixed Link, signed at Canterbury on 12 February 1986 (the Treaty of Canterbury), and the Concession Agreement between the Secretary of State for Transport, Le Ministre de I’Urbanisme du Logement et des Transports, The Channel Tunnel Group Limited and France-Manche S.A., signed on 14 March 1986 and amended several times since then (the Concession Agreement). In accordance with the Treaty of Canterbury and the Concession Agreement, the concessionaires are to manage the railway infrastructure and to operate a shuttle service for road vehicles. Directive 2012/34/EU, with the exception of certain provisions, does not apply to undertakings the business of which is limited to providing solely shuttle services for road vehicles through the Channel fixed link or to transport operations in the form of shuttle services for road vehicles through that fixed link. Similarly, it is not appropriate to apply this Regulation to the management of railway infrastructure capacity for the operation of such services. Unless otherwise provided, this Regulation should apply to the management of railway infrastructure capacity for the operation of other services, such as passenger and freight trains.