Channel Tunnel Intergovernmental Commission

ARTICLE 11 OF THE TREATY OF CANTERBURY :

SAFETY AUTHORITY

(1) A Safety Authority shall be established to: (a) Advise and assist the Intergovernmental Commission on all matters concerning safety in the construction and operation of the Fixed Link.

For this purpose, the Safety Authority shall:

(i) Give advice or make proposals to the Intergovernmental Commission, at the request of the Intergovernmental Commission or on its own initiative;

(ii) Participate in the drawing-up of any regulations applicable to safety of the Fixed Link and present them to the Intergovernmental Commission;

(iii) Discharge, within the scope of its own powers, any function delegated to it by the Intergovernmental Commission;

(b) Ensure that the safety measures and practices applicable to the Fixed Link comply with the national or international laws in force, enforce such laws, monitor their implementation, and report thereon to the Intergovernmental Commission; and

(c) Examine reports concerning any incident affecting safety within the Fixed Link, make such investigations as are necessary, and report thereon to the Intergovernmental Commission.

(2) The Safety Authority shall undertake necessary consultations with the Concessionaires.

(3) In an emergency, the Chairman of the Safety Authority or his agent shall take the measures necessary for the safety of persons and property within the Fixed Link. He shall report any measures taken to the two Governments and to the Intergovernmental Commission.

(4) The composition of the Safety Authority shall be determined by the two Governments by agreement. Each Government shall appoint half its members. The Chairmanship of the Safety Authority shall be held for a period of one year by the head of each delegation alternately.

(5) The Safety Authority shall draw up its own rules of procedure and shall submit them through the Intergovernmental Commission for the approval of the two Governments.

(6) For the purpose of carrying out its functions, the Safety Authority may invoke the assistance of the authorities of each Government or any body or expert of its choice.

(7) The Safety Authority may, where it considers it necessary to do so, make a report to the two Governments at the same time as it reports to the Intergovernmental Commission.

(8) The two Governments shall grant to the Safety Authority and its members and agents such powers of investigation, inspection and direction as are necessary for the performance of its functions.

(9) The expenses of the Safety Authority shall be met by the Concessionaires as provided in the Concession. The budget of the Safety Authority shall be determined by the Intergovernmental Commission after consultation with the Authority.