The European Railway Agency (ERA) issued on 21 March its Technical opinion regarding the safety related aspects of the Channel Tunnel Intergovernmental Commission (IGC) conclusions on the operation of rolling stock in the tunnel. The European Commission has welcomed this technical opinion as it paves the way to introduce more competition in the Channel Tunnel, ensuring the highest level in safety standards.

In March 2010, the Franco-British Intergovernmental Commission (IGC), which is the specific safety authority for the Channel Tunnel under EU law, requested the European Railway Agency (ERA), to issue a technical opinion on the advisability of modifying existing Channel Tunnel safety rules which prohibit trains with electric motors situated under the carriage floors to use the tunnel and prescribe a specific train length to facilitate evacuation in case of fire. Further to this request, the Agency analysed how opening Channel Tunnel operations to different types of rolling stock could affect aspects such as traction requirements, smoke penetration protection systems and door joints, minimum length of train, or multiple unit trains and fire Protection Standards for design of vehicles and their fittings, among others.

Eurostar's existing passenger trains, which are the only type currently allowed to use the undersea tunnel, have all their motors and electrical equipment concentrated in power cars at either end of the trains and are over 375 metres long. As Eurostar planned to order German-built high-speed trains from Siemens, which have motors with distributed power, and Deutsche Bahn announced its intention to run its shorter to 375 meters own ICE trains in the tunnel, the IGC decided to question the Agency about any safety standard to be met by any other type of rolling stock to be operated in the Channel Tunnel. The main issues for analysis were therefore the distribution of power as well as length of trains within the Channel.

The European Railway Agency concludes in its opinion on IGC conclusions that there is no technical justification for the IGC to exclude a priori trains with distributed power which conform to EU safety and interoperability prescriptions. Furthermore, it is not for the IGC to impose a requirement based on the features of existing trains and a single evacuation scenario in case of fire. It is for the railway undertaking wishing to operate in the tunnel to provide an evacuation scenario within its safety management system, the latter to be approved by the IGC as part of the EU safety certification process.

Commenting on this opinion of European Railway Agency, European Commission Vice President Siim Kallas, responsible for Transport, underlined that it is an important step in the right direction. The European Railway Agency has made it clear that passenger trains, other than those already circulating, should be able to operate in the Channel tunnel provided that there is an equivalent high level of safety and that all EU safety requirements are met. That, in Commissioner Kallas words, is good for passengers who stand to benefit from more and better quality high speed rail services, good for the environment, and good for the industry. The European Commission also hoped that the Intergovernmental Commission (IGC) will now consider the opinion of the European Railway Agency and move swiftly to modify safety rules which are seen to be outdated.

ERA recalls in its technical opinion that since the regulatory arrangements covering the Channel Tunnel were put in place under the auspices of the Treaty of Canterbury, EU legislation has evolved in the field of railways in order to promote competition and has introduced, principles of separation of infrastructure management from operations, open rights of access to infrastructure, a common approach to railway safety, mutual recognition of national rules and vehicle authorisations as well as a common set of TSIs. As the Channel Tunnel is part of the trans-European high speed rail network, considerations must be taken into account as the traffic of passengers can be open to competition for operation under safety standards.