Article 1 Subject matter and scope
1. This Regulation lays down specific provisions, in view of the ending of the transition period referred to in Article 126 of the Withdrawal Agreement, for certain safety authorisations and safety certificates issued under Directive 2004/49/EC and certain licences of railway undertakings issued under Directive 2012/34/EU, referred to in paragraph 2. 2. This Regulation shall apply to the following authorisations, certificates and licences, which are valid on 31 December 2020: (a) safety authorisations issued under Article 11 of Directive 2004/49/EC to infrastructure managers for the management and operation of cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link; (b) safety certificates issued under Article 10 of Directive 2004/49/EC to railway undertakings established in the United Kingdom and using the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link; (c) licences issued under Chapter III of Directive 2012/34/EU to railway undertakings established in the United Kingdom and using the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link.
Article 2 Definitions
For the purposes of this Regulation, relevant definitions in Directives 2012/34/EU and (EU) 2016/798 and the delegated and implementing acts adopted under those Directives and under Directive 2004/49/EC shall apply.
Article 3 Validity of safety authorisations, safety certificates and licences
1. The safety authorisations referred to in point (a) of Article 1(2) shall remain valid for two months from the date of application of this Regulation. 2. The safety certificates referred to in point (b) of Article 1(2) shall remain valid for nine months from the date of application of this Regulation. They shall be valid only for the purpose of reaching the border crossing station and terminal of Calais-Fréthun from the United Kingdom or departing from that station and terminal to the United Kingdom. 3. Licences referred to in point (c) of Article 1(2) shall remain valid for nine months from the date of application of this Regulation. By way of derogation from Article 23(1) of Directive 2012/34/EU, those licences shall be valid only on the territory situated between the border-crossing station and terminal of Calais-Fréthun and the United Kingdom.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal In order to ensure the connectivity between the Union and the United Kingdom after the end of the transition period referred to in Article 126 of the Withdrawal Agreement, the Union legislator considered it essential that rail undertakings established and licensed in the United Kingdom could continue to operate through the Channel Fixed Link 1 . To this end, and in order to enable the Member State concerned to take the necessary steps to ensure connectivity in accordance with Union law, Regulation (EU) 2020/2222 of the European Parliament and of the Council 2 extended until 30 September 2021 the period of validity of the licences issued by the United Kingdom under Directive 2012/34/EU 3 to rail operators established in its territory, as well as that of the safety certificates issued to those undertakings under Directive 2004/49/EC 4 by the Intergovernmental Commission established pursuant to Article 10 of the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the construction and operation by private concessionaires of a channel fixed link, signed at Canterbury on 12 February 1986 (the ‘Treaty of Canterbury’). Regulation (EU) 2020/2222 also extended the period of validity of the safety authorisation of the Channel Fixed Link infrastructure manager issued by the said Intergovernmental Commission until 28 February 2021. On 10 November 2020, France notified the Commission of its intention to enter into negotiations on a cross-border agreement with the United Kingdom pursuant to Article 14(3) of Directive 2012/34/EU with the objective to allow rail undertakings established and licensed in the United Kingdom to use the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link until the border-crossing station and terminal of Calais-Fréthun (France), without obtaining a licence under Directive 2012/34/EU from a Union licensing authority. Following the conclusion of the negotiation of this cross-border agreement, the draft text was notified to the Commission on 1 June 2021. On 15 June 2021, France notified the Commission of its intention to enter into negotiations on a cross-border agreement with the United Kingdom pursuant to Article 10(9) of Directive (EU) 2016/798 5 with the objective to allow the said rail undertakings to use the said infrastructure until the said border-crossing station and terminal, without obtaining a Union single safety certificate in accordance with that Directive. The negotiation of this cross-border agreement is expected to be completed in the course of August 2021. Additional time is needed to complete the formal procedures required under the law of both Parties for the provisional application or entry into force of these agreements. These procedures are expected to extend for six months after the expiry, on 30 September 2021, of the contingency measures currently in force. The two cross-border agreements are appropriate instruments to achieve the objectives of Regulation (EU) 2020/2222, namely to ensure the continuity of the operations of the rail operators concerned. However, unless their period of validity is extended so as to allow for these agreements to enter into force or be provisionally applied, the licences and safety certificates of the above mentioned rail operators will cease to be valid on 30 September 2021 and operations will come to a halt, causing significant disruption in the transport of passengers and freight across the Channel Fixed Link. It is therefore in the Union’s interest to extend the period of validity of those certificates and licences until 31 March 2022.
Revised version (Article 3 Validity of safety authorisations, safety certificates and licences):
1. The safety authorisations referred to in point (a) of Article 1(2) shall remain valid for two months from the date of application of this Regulation. 2. The safety certificates referred to in point (b) of Article 1(2) shall remain valid for 15 months from the date of application of this Regulation. ey shall be valid only for the purpose of reaching the border crossing station and terminal of Calais-Fréthun from the United Kingdom or departing from that station and terminal to the United Kingdom. 3. The licences referred to in point (c) of Article 1(2) shall remain valid for 15 months from the date of application of this Regulation. way of derogation from Article 23(1) of Directive 2012/34/EU, those licences shall be valid only on the territory situated between the border-crossing station and terminal of Calais-Fréthun and the United Kingdom.
Article 4 Rules and obligations regarding safety authorisations, safety certificates and licences
1. Safety authorisations, safety certificates and licences governed by Article 3 of this Regulation are subject to the rules applicable to them in accordance with Directives 2012/34/EU and (EU) 2016/798, and in accordance with the implementing and delegated acts adopted under those Directives. 2. The holders of safety authorisations, safety certificates and licences referred to in Article 1(2), and, as appropriate, the authority issuing them, when different from the national safety authority in whose territory the infrastructure is situated in the Union and under whose competence the border-crossing station and terminal of Calais-Fréthun falls, shall cooperate with that national safety authority and deliver to it all relevant information and documents. 3. Where information or documents have not been delivered within the time limits set in requests made by the national safety authority referred to in paragraph 2 of this Article, the Commission may, upon notification by the national safety authority, adopt implementing acts to withdraw the benefit conferred on the holder pursuant to Article 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2). 4. Holders of safety authorisations, safety certificates and licences referred to in Article 1(2) of this Regulation shall inform without delay the Commission and the European Union Agency for Railways of any actions by other competent safety authorities, which may conflict with their obligations under this Regulation, Directive 2012/34/EU or Directive (EU) 2016/798. 5. Before withdrawing the benefits conferred pursuant to Article 3, the Commission shall in due time inform the national safety authority referred to in paragraph 2 of this Article, the authority having issued the safety authorisations, safety certificates and licences referred to in Article 1(2), and the holders of such authorisations, certificates and licences of its intention to proceed to such withdrawal, and shall provide them with the opportunity to make their views known. 6. As regards the licences referred to in point (c) of Article 1(2) of this Regulation, for the purposes of paragraphs (1) to (5) of this Article, references to a national safety authority shall be understood as references to a licencing authority defined in point (15) of Article 3 of Directive 2012/34/EU.
Article 5 Monitoring compliance with Union law
1. The national safety authority referred to in Article 4(2) shall monitor the railway safety standards applied to railway undertakings established in the United Kingdom using the cross-border infrastructure referred to in point (a) of Article 1(2), and applied to that cross-border infrastructure. In addition, the national safety authority shall check that infrastructure managers and railway undertakings comply with the safety requirements set out in Union law. Where appropriate, the national safety authority shall provide the Commission and the European Union Agency for Railways with a recommendation for the Commission to act in accordance with paragraph 2 of this Article. The licencing authority referred to in Article 4(2), in conjunction with Article 4(6), of this Regulation shall monitor whether the requirements of Articles 19 to 22 of Directive 2012/34/EU continue to be met in relation to railway undertakings licensed by the United Kingdom referred to in point (c) of Article 1(2) of this Regulation. 2. Where the Commission has justified doubts that the safety standards applied to the operation of cross-border railway services or infrastructure falling within the scope of this Regulation or the part of the same infrastructure that is situated in the United Kingdom are in line with the relevant provisions of Union law, it shall without undue delay adopt implementing acts to withdraw the benefit conferred on the holder pursuant to Article 3. The power to adopt implementing acts shall apply mutatis mutandis where the Commission has justified doubts in respect of the fulfilment of the requirements referred to in the second subparagraph of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2). 3. For the purposes of paragraph 1 of this Article, the national safety authority or the licensing authority referred to in Article 4(2), in conjunction with Article 4(6), may request information from the relevant competent authorities, setting a reasonable time limit. Where those relevant competent authorities do not provide the information requested within the established time limit, or provide incomplete information, the Commission may, upon notification by the national safety authority or licencing authority referred to in Article 4(2), in conjunction with Article 4(6), as appropriate, adopt implementing acts to withdraw the benefit conferred on the holder pursuant to Article 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2). 4. Before withdrawing the benefits conferred pursuant to Article 3, the Commission shall in due time inform the national safety authority referred to in Article 4(2), the authority having issued the safety authorisations, safety certificates and licences referred to in Article 1(2) and the holders of such authorisations, certificates and licences, as well as the national safety authority and the licensing authority of the United Kingdom, of its intention to proceed to such withdrawal, and shall provide them with the opportunity to make their views known.
Article 6 Consultation and cooperation
1. The competent authorities of the Member State concerned shall consult and cooperate with the competent authorities of the United Kingdom as necessary in order to ensure the implementation of this Regulation. 2. The Member State concerned shall, upon request, provide the Commission without undue delay with any information obtained pursuant to paragraph 1 or any other information relevant for the implementation of this Regulation.
Article 7 Committee
1. The Commission shall be assisted by the committee referred to in Article 51 of Directive (EU) 2016/797 and by the committee referred to in Article 62 of Directive 2012/34/EU. Those committees shall be committees within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.
Article 8 Entry into force and application
1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . 2. It shall apply from 1 January 2021. 3. This Regulation shall cease to apply on 30 September 2021.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal In order to ensure the connectivity between the Union and the United Kingdom after the end of the transition period referred to in Article 126 of the Withdrawal Agreement, the Union legislator considered it essential that rail undertakings established and licensed in the United Kingdom could continue to operate through the Channel Fixed Link 1 . To this end, and in order to enable the Member State concerned to take the necessary steps to ensure connectivity in accordance with Union law, Regulation (EU) 2020/2222 of the European Parliament and of the Council 2 extended until 30 September 2021 the period of validity of the licences issued by the United Kingdom under Directive 2012/34/EU 3 to rail operators established in its territory, as well as that of the safety certificates issued to those undertakings under Directive 2004/49/EC 4 by the Intergovernmental Commission established pursuant to Article 10 of the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the construction and operation by private concessionaires of a channel fixed link, signed at Canterbury on 12 February 1986 (the ‘Treaty of Canterbury’). Regulation (EU) 2020/2222 also extended the period of validity of the safety authorisation of the Channel Fixed Link infrastructure manager issued by the said Intergovernmental Commission until 28 February 2021. On 10 November 2020, France notified the Commission of its intention to enter into negotiations on a cross-border agreement with the United Kingdom pursuant to Article 14(3) of Directive 2012/34/EU with the objective to allow rail undertakings established and licensed in the United Kingdom to use the cross-border infrastructure linking the Union and the United Kingdom through the Channel Fixed Link until the border-crossing station and terminal of Calais-Fréthun (France), without obtaining a licence under Directive 2012/34/EU from a Union licensing authority. Following the conclusion of the negotiation of this cross-border agreement, the draft text was notified to the Commission on 1 June 2021. On 15 June 2021, France notified the Commission of its intention to enter into negotiations on a cross-border agreement with the United Kingdom pursuant to Article 10(9) of Directive (EU) 2016/798 5 with the objective to allow the said rail undertakings to use the said infrastructure until the said border-crossing station and terminal, without obtaining a Union single safety certificate in accordance with that Directive. The negotiation of this cross-border agreement is expected to be completed in the course of August 2021. Additional time is needed to complete the formal procedures required under the law of both Parties for the provisional application or entry into force of these agreements. These procedures are expected to extend for six months after the expiry, on 30 September 2021, of the contingency measures currently in force. The two cross-border agreements are appropriate instruments to achieve the objectives of Regulation (EU) 2020/2222, namely to ensure the continuity of the operations of the rail operators concerned. However, unless their period of validity is extended so as to allow for these agreements to enter into force or be provisionally applied, the licences and safety certificates of the above mentioned rail operators will cease to be valid on 30 September 2021 and operations will come to a halt, causing significant disruption in the transport of passengers and freight across the Channel Fixed Link. It is therefore in the Union’s interest to extend the period of validity of those certificates and licences until 31 March 2022.
Revised version (Article 8 Entry into force and application):
1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . 2. It shall apply from 1 January 2021. 3. This Regulation shall cease to apply on 31 March 2022. This Regulation shall be binding in its entirety and directly applicable in all Member States.