Legal provisions of COM(2023)328 - Proposal for empowering France to negotiate sign and conclude an international agreement on the safety and interoperability requirements within the Channel Fixed Link - Main contents
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| dossier | COM(2023)328 - Proposal for empowering France to negotiate sign and conclude an international agreement on the safety and interoperability ... |
|---|---|
| document | COM(2023)328  |
| date | March 13, 2024 |
Article 1
The empowerment is subject to the conditions set out in Articles 2 and 3 of this Decision.
Article 2
(a)The agreement shall be compatible with Union law in all respects. The principles of primacy and, where applicable, direct effect of Union law shall be ensured.
(b)Disputes between the French Republic and the United Kingdom concerning the application of the Agreement shall not be submitted to the arbitral tribunal set up under Article 19 of the Treaty of Canterbury or to any other means of legally binding dispute settlement.
(c)The French Republic shall retain the right to unilaterally suspend or denounce the agreement, with a view to ensuring the full, correct and expeditious application of Union law in the part of the Channel Fixed Link under its jurisdiction.
(d)The agreement shall provide for a mechanism for its amendment, in order to adapt it to changes in Union law.
(e)The independence and the respective powers granted by Union law to the European Union Agency for Railways and the EPSF, as national safety authority within the meaning of Directive (EU) 2016/798, shall be ensured. In particular,
–Acts of the ORR shall only be recognised for the purposes of the agreement in matters where an earlier agreement has been concluded under Article 14(5) of Directive 2012/34/EU 10 .
–Equivalence of the acts of the ORR shall only be recognised where this is provided for by the Convention concerning International Carriage by Rail (COTIF).
–In respect of the matters falling within the scope of the agreement, the tasks and powers of the Intergovernmental Commission and the Safety Authority established by the Treaty of Canterbury shall not affect the decision-making autonomy of the EPSF, in conformity with Union law.
Article 3
Upon completion of the negotiations, the French Republic shall submit the resulting draft agreement to the Commission. The Commission shall inform the Council and the European Parliament thereof.
Within one month from the notification of the draft agreement, the Commission shall adopt a decision as to whether the requirements set out in Article 2 are fulfilled. Where the Commission decides that they are fulfilled, the French Republic may sign and conclude the corresponding agreement.
The French Republic shall provide a copy of the signed agreement to the Commission within one month of its entry into force, or, where the agreement is to be applied provisionally, within one month of the beginning of its provisional application.
Article 4
Article 5
2.The French Republic shall keep the Commission regularly informed of any negotiations with the United Kingdom concerning amendments to the agreement and, where appropriate, invite the Commission to participate as an observer. The French Republic shall submit the envisaged amendments to the Commission together with an explanatory note. The Commission shall inform the Council and the European Parliament thereof. The French Republic shall provide any additional information on the envisaged amendments that is requested by the Commission.
3.Within [three] months from the notification of the envisaged amendment and the accompanying explanatory note, the Commission shall adopt a decision as to whether the requirements set out in paragraph 1 and in Article 2 are fulfilled. Where the Commission decides that they are fulfilled, the French Republic may proceed with the amendment of the agreement. A copy of the amended agreement shall be provided to the Commission within one month of the entry into force of the amendment, or, where the amendment is to be applied provisionally, within one month of the beginning of its provisional application.