Explanatory Memorandum to 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 ... |
|---|---|
| source | COM(2023)328  |
| date | 20-06-2023 |
•Reasons for and objectives of the proposal
The Channel Fixed Link is a unique railway link involving a single, complex engineering structure situated partly in the territory of the French Republic and partly in a third country, namely the United Kingdom.
It requires coherent rail safety and interoperability requirements across the whole Channel Fixed Link, as well as cooperation between the French and the British national safety authorities.
To ensure the safe and efficient operation of the Channel Fixed Link, the French Republic has requested, on 23 March 2023, an empowerment to negotiate and conclude with the United Kingdom of Great Britain and Northern Ireland (‘United Kingdom’) an international agreement on the safety and interoperability requirements within the Channel Fixed Link.
This agreement would also partly transpose the Fourth Railway Package technical pillar (Directives (EU) 2016/797 and (EU) 2016/798 of the European Parliament and of the Council 1 ) for the part of the Channel Fixed Link under the French Republic’s jurisdiction.
It is therefore appropriate to authorise the French Republic to negotiate, sign and conclude an international agreement with the United Kingdom on the safety and interoperability requirements in the Channel Fixed Link.
The agreement should ensure that the part of the Channel Fixed Link under the French Republic’s jurisdiction are governed by Union law, with the Court of Justice exclusively competent to interpret them. Hence nothing in this agreement will put into question the principle of primacy of Union law. The principle of direct effect, where applicable, should also be respected. The independence of the European Union Agency for railways and of the French national safety authority should be ensured.
The agreement should also contain a specific mechanism to allow for its amendment in case of future changes of the Union law, in particular of Directives (EU) 2016/797 and (EU) 2016/798. It should also contain an empowerment for the Commission allowing it to authorise the French Republic to amend the agreement to adapt it in case of amendments to such Directives. As regards the part of the Channel Fixed Link under the United Kingdom’s jurisdiction, the agreement should ensure coherence of the safety and interoperability requirements, thereby contributing to safety and interoperability in the Channel Fixed Link.
The French Republic had already requested a Union empowerment in 2020 to negotiate an agreement with the United Kingdom that would have ensured the unified and dynamic application of Union law, and in particular Regulation (EU) 2016/796 and Directives (EU) 2016/797 and (EU) 2016/798, over the entire Channel Fixed Link (including the part under United Kingdom’s jurisdiction) supervised by a binational authority, namely the Intergovernmental Commission assisted by its Safety Authority put in place by the Treaty of Canterbury. The French Republic was empowered to do so by Decision (EU) 2020/1531 2 . The negotiations under the conditions laid down in that decision have so far not led to an agreement satisfactory for both Parties. Therefore, an alternative empowerment is proposed. Since an agreement concluded on the basis of Decision (EU) 2020/1531 would provide a more unified and thus efficient way of ensuring safety and interoperability over the entire Channel Fixed Link, this option should not be ruled out and the proposed Decision should thus be without prejudice to Decision (EU) 2020/1531.
•Consistency with existing policy provisions in the policy area
The above-mentioned objectives are fully consistent with existing policy in the area of railway safety and interoperability, as well as with Decision (EU) 2020/1531 for the reasons stated above.
•Consistency with other Union policies
An international agreement on the safety and interoperability requirements within the Channel Fixed Link will not result in inconsistencies with any other Union policy.
2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
•Legal basis
The legal basis for this proposal is Articles 2(1) and 91 TFEU.
•Subsidiarity (for non-exclusive competence)
The proposal falls under the exclusive competence of the Union.
•Proportionality
The objective of the proposal is to authorise, pursuant to Article 2(1) TFEU, the negotiation of an international agreement on the safety and interoperability requirements within the Channel Fixed Link ensuring uniform application of rail safety and interoperability requirements across the whole Channel Fixed Link.
Consequently, the proposed Decision of the European Parliament and of the Council does not go beyond what is necessary to achieve this objective.
•Choice of the instrument
The objective sought is to ensure coherent safety and interoperability requirements across the entire Channel Fixed Link, including the part under the United Kingdom’s jurisdiction.
Therefore, it is appropriate to include the rail safety and interoperability elements into in an agreement between the French Republic and the United Kingdom, hence the need to empower the French Republic to that effect.
The proposed Decision of the European Parliament and of the Council addressed to the French Republic and empowering it under Article 2(1) and 91 TFEU to negotiate and conclude such an agreement with the United Kingdom therefore represents an adequate instrument.
3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
•Ex-post evaluations/fitness checks of existing legislation
Not applicable.
•Stakeholder consultations
No formal consultation was performed. This proposal is based on a request made by the French Republic and the empowerment proposed would be addressed to this Member State only.
•Impact assessment
The proposal is based on a request made by the French Republic and the empowerment proposed would be addressed to this Member State only. It also concerns a very specific matter, limited in scope, namely the coherence of safety and interoperability requirements across the entire Channel Fixed Link.
•Regulatory fitness and simplification
The proposal is not linked to REFIT.
•Fundamental rights
The proposal has no consequences for the protection of fundamental rights.
This proposal has no impact on the Union budget.