Representatives of the European Parliament and the Romanian Presidency of the Council of the European Union agreed on Monday evening, 11 March, in an informal discussion, on the measures that the European Union could take to ensure rail safety and connectivity between the EU and the United Kingdom in the event of a no-deal Brexit.
This compromise will not apply if the House of Commons votes on Tuesday evening, 12 March, in favour of the withdrawal agreement negotiated by London and the European Commission (see other news).
The agreement between Parliament and the EU Council echoes the Commission's proposal from 12 February last (see EUROPE 12192/27). The institution suggested at that time a three-month extension of the validity of safety authorisations granted under Directive 2004/49/EC to infrastructure managers present in the United Kingdom and with active links with the EU.
The Member States' ambassadors to the European Union (Committee of Permanent Representatives – 'Coreper') approved their negotiating position on 6 March, showing more flexibility than the Commission's proposal (see EUROPE 12208/31, 12207/11). Parliament did not express a formal position prior to this informal discussion, since it used the urgent procedure provided for in Rule 154 of its Rules of Procedure.
The co-legislators agreed on three key points: governance, scope and duration of the Regulation.
On the governance side, Parliament and the EU Council are not going back on the Commission's original proposal to no longer grant jurisdiction to the Franco-British Intergovernmental Commission for safety approvals for the Channel Tunnel, as defined under the Treaty of Canterbury, since the United Kingdom will become a third country. On the other hand, it was decided to insert a recital in principle to allow this intergovernmental commission to advise the competent French authority.
With regard to the scope, the position defined by Coreper is the one agreed between the co-legislators.
Finally, on the question of the duration of the extension of the validity of approvals, certificates or licences, the position of the Member States is not the one that has been adopted. Indeed, they had proposed that this extension be extended to 9 months. The parties have agreed here that it should be 7 months for infrastructure managers and railway undertakings and 6 months for licences granted to train drivers under the procedure laid down in Directive 2007/59/EC.
The agreement must now be voted by the European Parliament in plenary session on Wednesday 13 March and approved by the Member States. It should be borne in mind that this text will not enter into force, if there is agreement on Brexit. (Original version in French by Lucas Tripoteau)