ARTICLE 10 of the Treaty of Canterbury
Intergovernmental Commission
(1) An Intergovernmental Commission is established to supervise, in the name and on behalf of the two governments, all matters concerning the construction and operation of the Fixed Link.
(2) With regard to the Concessionaires, the two Governments shall exercise through the Intergovernmental Commission their rights and obligations under the Concession, other than those relating to the amendment, extension, suspension, termination or assignment of the latter.
(3) The functions of the Intergovernmental Commission shall include:
(a) monitoring the construction and operation of the Fixed Link;
(b) undertaking necessary consultations with the Concessionaires;
(c) taking decisions in the name of the two Governments for the implementation of the Concession;
(d) approving proposals made by the Safety Authority as provided by article 11;
(e) drawing up, or participating in the preparation of, regulations applicable to the Fixed Link, including regulations relating to maritime matters and the environment, and monitoring their subsequent implementation;
(f) considering any matter referred to it by the Governments or the Safety Authority or any other matter which appears to it to be necessary to consider;
(g) giving advice and making recommendations to the two Governments or the Concessionaires.
(4) Each Government shall appoint half the members of the Intergovernmental Commission, which shall comprise at most 16 members including at least two representatives of the Safety Authority. The Chairmanship of the Commission shall be held for a period of one year by the head of each delegation alternately.
(5) The decisions of the Intergovernmental Commission shall be taken by agreement between the heads of the British and French delegations. In the event of disagreement between them, the procedure for consultation between Governments provided for in Article 18 shall apply.
(6) The Intergovernmental Commission shall draw up its own rules of procedure and submit them for the approval of the two Governments.
(7) For the purpose of carrying out its functions the Intergovernmental Commission may invoke the assistance of the authorities of each Government or any body or expert of its choice.
(8) The Governments shall take all necessary measures to ensure that regulations applicable to the Fixed Link have the necessary force and effect within their national laws and shall grant to the Intergovernmental Commission such powers of investigation, inspection and direction as are necessary for the performance of its functions.
(9) The expenses of the Intergovernmental Commission shall be met by the Concessionaires as provided in the Concession.
Composition of the UK delegation
The Secretary of State for Transport, in consultation with the ORR appoints:
- the UK IGC Head of Delegation;
- one member to provide economic expertise to the IGC, also acting as the head of the UK delegation to the Joint Economic Committee (JEC).
- The Head of the UK delegation to the Channel Tunnel Safety Authority (CTSA), who is automatically a member of the delegation in accordance with Article 10(4) of the Treaty of Canterbury.
Up to five other members ("Policy Members") can be appointed by any relevant UK Government departments or agencies (for example: Department for Transport (DfT), Border Force or Home Office).
Composition of the French delegation
Décret 86-342 of 11 March 1986, Article 1:
The French delegation to the Intergovernmental Commission (IGC) which is responsible for monitoring all matters concerning the construction and operation of the Channel Tunnel Fixed Link is made up as follows.
- two named members and two deputies representing the Minister of the Economy, Finance and the Budget;
- two named members and two deputies representing the Minister for Foreign Affairs;
- one named member and one deputy representing the Minster of the Interior and Decentralisation;
- two named members and two deputies representing the Minister for Transport.
The General Secretariat of the Commission is provided by departments in the Ministry for Transport.
Members of the French delegation and the General Secretary are appointed by order of the Prime Minister, at the recommendation of the relevant ministries.
The head of the French delegation is appointed by order of the Prime Minister from members of the delegation.