Legal provisions of COM(2020)623 - Amendment of Directive (EU) 2016/798, as regards the application of railway safety and interoperability rules within the Channel Fixed Link

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dossier COM(2020)623 - Amendment of Directive (EU) 2016/798, as regards the application of railway safety and interoperability rules within the ...
document COM(2020)623 EN
date October 21, 2020

Contents

Article 1 - Amendments to Directive (EU) 2016/798

Directive (EU) 2016/798 is amended as follows:

(1)in Article 3, point (7) is replaced by the following:

‘7.‘national safety authority’ means:

(a)the national body entrusted with the tasks regarding railway safety in accordance with this Directive;

(b)any body entrusted by several Member States with the tasks referred to in point (a) in order to ensure a unified safety regime;

(c)any body entrusted by a Member State and a third country with the tasks referred to in point (a) in order to ensure a unified safety regime, provided that the Union has concluded an agreement to this effect with the third country concerned or that that Member State has concluded such agreement in accordance with an empowerment granted by the Union to that effect;’;

(2)in Article 16, the following paragraphs are added:

‘4.Where a single piece of engineering structure is situated partly in a third country and partly in a Member State, that Member State may designate, in addition to the national safety authority otherwise competent for its territory, and in accordance with Article 3, point (7), point (c), and with an international agreement concluded by the Union or whose conclusion is authorised by the Union, a safety authority competent specifically for that engineering structure and all other elements of the rail infrastructure linked to it (‘the specific safety authority’). In accordance with that international agreement, the national safety authority may temporarily assume competence for the part of the engineering structure situated in that Member State.

In the context of any international agreement referred to in the first subparagraph, the Member State concerned shall take all measures at its disposal under that international agreement to ensure that the specific safety authority complies with the Union law. To this effect, and where necessary for reasons of railway safety, the Member State concerned shall without delay make use of the right granted by that international agreement, whereby the national safety authority is entitled to assume sole competence for the part of the engineering structure situated in that Member State.

5.Where a dispute submitted to arbitration in accordance with an international agreement raises a question of interpretation of Union law, the Court of Justice of the European Union (‘Court of Justice’) shall have jurisdiction to give a preliminary ruling on the question at the request of the arbitral tribunal set up to settle disputes under that international agreement.

The provisions of Union law governing proceedings before the Court of Justice in accordance with Article 267 of the Treaty on the Functioning of the European Union shall apply mutatis mutandis to requests for a preliminary ruling of the Court of Justice made pursuant to the first subparagraph.

Where the arbitral tribunal fails to comply with any ruling of the Court of Justice delivered in accordance with the first subparagraph, the Member State concerned shall without delay make use of the right granted by the international agreement, whereby the national safety authority is entitled to assume sole competence for the part of the engineering structure situated in that Member State.’.

Article 2 - Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.