The EU Council’s Committee of Permanent Representatives (Coreper) approved, on Wednesday 9 September, a negotiating mandate with the European Parliament with a view to adopting new legislation on the operation of the Cross-Channel tunnel.
These provisions, unveiled a few weeks ago by the European Commission (see EUROPE 12549/9), should enable the security authority currently responsible for the rail link between France and the United Kingdom to retain its prerogatives once the post-Brexit transition period is over.
The rules in force since 1986 will thus continue to apply to the entire infrastructure, including the section under UK jurisdiction.
The Commission had initially drawn up two texts to this end: a draft regulation to amend Directive 2016/798 on railway safety and a proposal for a decision empowering France to negotiate and conclude an international agreement.
Last week, however, the institution told Committee on Transport MEPs that a third text on the settlement of potential infrastructure disputes would be needed (see EUROPE 12551/4).
According to the EU Council, it was finally agreed that the draft regulation amending Directive 2016/798 should be split into two texts.
Two draft regulations that will allow to “amend the Statute of the Court of Justice of the European Union in a manner that respects the Court’s prerogatives while avoiding a delay in the start of the negotiations”, the EU Council specified in a statement.
Once the draft decision and the first draft regulation have been approved by the co-legislators - which they intend to do “as a matter of urgency” - negotiations between France and the United Kingdom can begin.
Amendments to the Statute of the Court of Justice, meanwhile, will have to be adopted before France is authorised to sign and conclude the agreement reached with the British on behalf of the EU. This agreement must be reached by 31 December of this year. (Original version in French by Agathe Cherki)