Decision 2020/1531 - Decision 2020/1531 empowering France to negotiate sign and conclude an international agreement supplementing the Treaty between France and the United Kingdom concerning the Construction and Operation by Private Concessionaires of a Channel Fixed Link - Main contents
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Decision (EU) 2020/1531 of the European Parliament and of the Council of 21 October 2020 empowering France to negotiate, sign and conclude an international agreement supplementing 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| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2020/1531 |
| Original proposal | COM(2020)622  |
| CELEX number i | 32020D1531 |
| Document | 21-10-2020; Date of signature |
|---|---|
| Publication in Official Journal | 22-10-2020; OJ L 352 p. 4-6 |
| Signature | 21-10-2020 |
| Effect | 01-01-1001; Takes effect Date notif. |
| End of validity | 17-03-2024; Partial end of validity See 32024D0867 Art. 6 {repealing.act.provisional.date.notification.disclaimer|http://publications.europa.eu/resource/authority/fd_365/repealing.act.provisional.date.notification.disclaimer} 31-12-9999 |
| Notification | 01-01-1001 |
22.10.2020 |
EN |
Official Journal of the European Union |
L 352/4 |
DECISION (EU) 2020/1531 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 October 2020
empowering France to negotiate, sign and conclude an international agreement supplementing 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
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) |
The Treaty between France and the United Kingdom of Great Britain and Northern Ireland concerning the Construction and Operation by Private Concessionnaires 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’). |
(2) |
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 (3) (‘the transition period’), the Intergovernmental Commission is a body entrusted by several Member States with the tasks regarding railway safety in respect of the Channel Fixed Link. In this regard, the Intergovernmental Commission therefore constitutes the national safety authority within the meaning of Directive (EU) 2016/798 of the European Parliament and of the Council (4). In that capacity, it applies the provisions of Union law relevant to railway safety and, under Directive (EU) 2016/797 of the European Parliament and of the Council (5), railway interoperability. |
(3) |
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 Kindgom of Great Britain and Northern Ireland (‘the United Kingdom’). Furthermore, and unless otherwise provided for in an international agreement binding upon the United Kingdom, Union law will no longer be applicable to the part of the Channel Fixed Link under the jurisdiction of the United Kingdom. |
(4) |
An international agreement with a third country regarding the application of railway safety and interoperability rules in cross-border situations is liable to affect an area covered to a large extent by Union law, and in particular by Regulation (EU) 2016/796 of the European Parliament and of the Council (6) and Directives (EU) 2016/797 and (EU) 2016/798. Therefore, any such agreement falls within the Union’s exclusive external competence. Member States may negotiate, or conclude, such an agreement only if empowered to do so by the Union in accordance with Article 2(1) of the Treaty on the Functioning of the European Union (TFEU). Because of the interaction with existing Union legislation, it is also necessary for such empowerment to be granted by the Union legislator in accordance with the legislative procedure referred to in Article 91 TFEU. |
(5) |
By letter of 16 July 2020, France requested an empowerment from the Union to negotiate and conclude with the United Kingdom an international agreement supplementing the Treaty of Canterbury. |
(6) |
To ensure the safe and efficient operation of the Channel Fixed... |
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