Regulation 2020/1530 - Amendment of Directive (EU) 2016/798, as regards the application of railway safety and interoperability rules within the Channel Fixed Link - Main contents
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official title
Regulation (EU) 2020/1530 of the European Parliament and of the Council of 21 October 2020 amending Directive (EU) 2016/798, as regards the application of railway safety and interoperability rules within the Channel Fixed Link| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2020/1530 |
| Original proposal | COM(2020)623  |
| CELEX number i | 32020R1530 |
| Document | 21-10-2020; Date of signature |
|---|---|
| Publication in Official Journal | 22-10-2020; OJ L 352 p. 1-3 |
| Signature | 21-10-2020 |
| Effect | 23-10-2020; Entry into force Date pub. +1 See Art 2 |
| End of validity | 31-12-9999 |
22.10.2020 |
EN |
Official Journal of the European Union |
L 352/1 |
REGULATION (EU) 2020/1530 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 October 2020
amending Directive (EU) 2016/798, as regards the application of railway safety and interoperability rules within the Channel Fixed Link
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Directive (EU) 2016/798 of the European Parliament and of the Council (3) requires each Member State to establish a national safety authority to be entrusted with the tasks specified in relation to railway safety. In accordance with that Directive, a national safety authority may be a body established unilaterally by the Member State concerned or, alternatively, a body entrusted by several Member States with those tasks in order to ensure a unified safety regime. |
(2) |
The Treaty between France and the United Kingdom of Great Britain and Northern Ireland concerning the Construction and Operation by Private Concessionaires of a Channel Fixed Link, signed at Canterbury on 12 February 1986 (‘the Treaty of Canterbury’), established an Intergovernmental Commission to supervise all matters concerning the construction and operation of the Channel Fixed Link (‘the Intergovernmental Commission’). |
(3) |
Until the end of the transition period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (4) (‘the transition period’), the Intergovernmental Commission is the national safety authority within the meaning of Directive (EU) 2016/798 responsible for the Channel Fixed Link. |
(4) |
At the end of the transition period, the Intergovernmental Commission will become a body established through an international agreement between a Member State, namely France, and a third country, namely the United Kingdom of Great Britain and Northern Ireland (‘the United Kingdom’). Unless otherwise provided for in an international agreement binding upon the United Kingdom, it will no longer be a national safety authority under Union law and Union law will no longer be applicable to the part of the Channel Fixed Link under the jurisdiction of the United Kingdom. |
(5) |
To ensure the safe and efficient operation of the Channel Fixed Link, it is appropriate to retain the Intergovernmental Commission as the single safety authority responsible for the whole of that infrastructure. |
(6) |
To that end, Decision (EU) 2020/1531 of the European Parliament and of the Council (5) empowers France, under certain conditions, to negotiate, sign and conclude an international agreement, supplementing the Treaty of Canterbury, under which the Intergovernmental Commission is retained as the single safety authority competent for the application of Union law within the Channel Fixed Link. |
(7) |
To this effect, specific rules should be established regarding specific safety authorities, as well as regarding the duties of the Member State concerned to take all the necessary measures to ensure that Union law is applied at all times by the specifc safety authority or, failing that, by its national safety authority. |
(8) |
Dispute settlement between the Member State concerned and the third country in the area of railway safety may raise questions of... |
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