Regulatory Body (RB)

Under European Union legislation, each Regulatory Body (RB) has the task to oversee the application of Community rules and act as an appeal body in case of disputes. DIRECTIVE 2012/34/EU, Article 55: 'Each Member State shall establish a single national regulatory body for the railway sector. Without prejudice to paragraph 2, this body shall be a stand-alone authority which is, in organisational, functional, hierarchical and decision- making terms, legally distinct and independent from any other public or private entity. It shall also be independent in its organisation, funding decisions, legal structure and decision- making from any infrastructure manager, charging body, allocation body or applicant. It shall furthermore be functionally independent from any competent authority involved in the award of a public service contract.' Thus it shall ensure that charges set by the Infrastructure Manager comply with Chapter II of 2001/14/EU and are non-discriminatory. The RB oversees negotiations between applicants and the IM and intervenes when the requirements of 2001/14 are likely to be contravened. Applicants have the right to appeal to the RB if they believe that they have been unfairly treated, discriminated against or are in any other way aggrieved. In particular, they may appeal against decisions adopted by the IM (or where appropriate the Railway Undertaking) concerning: a) the network statement; b) criteria contained within it; c) the allocation process and its outcome; d) the charging scheme; e) level or structure of infrastructure fees which it is, or may be, required to pay; f) arrangements for access.