The counter guarantees granted by the State to ETVA to guarantee the guarantees that ETVA had issued in the framework of contracts that HSY concluded with Hellenic Railway Organization (OSE) and with Athens-Piraeus Electric Railways (ISAP) (these measures were named ‘measure E12b’ in the preamble of the present decision) constitute aid, which has been put into effect in contravention of Article 88(3) of the EC Treaty and which is incompatible with the ...[+++]common market.

Establishment of an open market free of technical barriers will guarantee higher quality and greater demand and allow the railways to go ahead with new investments.

* promoting and supporting the commercialisation of railway corporations through concessionaire arrangements, and

Railways corporations must adopt a more commercial approach to become more competitive, particularly with roads.

(b) where there is no such agreement, no more than the net salvage value of the line or segment, as determined by the Agency (5) If, pursuant to an order under subsection (3), a main line or segment operated by one railway company is transferred to another railway company (a) the railway company that operated the line or segment ceases to have any obligations under this or any other Act of Parliament in respect of the operation of the line or segment; (b) if the railway company to which the line or segment is transferred is within the legislative authority of Parliament, (i) that railway company shall be deemed to have assumed all the o ...[+++]bligations under this or any other Act of Parliament in respect of the operation of the line or segment, and (ii) the line or segment shall continue to be a main line for the purposes of this Division, even though it is a subsidiary, secondary, local or feeder line of that railway company; (c) if there is, at the time of the transfer, an agreement between the railway company that operated the line or segment and VIA Rail Canada Inc. in respect of the operation of a rail passenger service on the line or segment, (i) the rights and obligations under the agreement of the railway company that operated the line or segment in respect of the operation of that service vest in the railway company to which the line or segment is transferred and continue, as amended by agreement between VIA Rail Canada Inc. and the company to which the line or segment is transferred, until the operation of the line or segment is abandoned or the operation of the service is discontinued, and (ii) the line or segment is hereby declared to be a work for the general advantage of Canada; (d) where the railway company to which the line or segment is transferred is not within the legislative authority of Parliament and there is not at the time of the transfer an agreement described in paragraph (c) in respect of the line or segment, any declaration that the line or ...

In addition, because the provision is now being applied to a “company” and therefore includes not only federally regulated railway companies that are currently covered but also local railway companies, the notice given under the provision must now, in the case of a local railway company, be filed with the Minister and with the railway company on whose track the local company is operating equipment and that is likely to be affected by the exemption.