Decision (EU) 2024/867 of the European Parliament and of the Council of 13 March 2024 empowering the French Republic to negotiate, sign and conclude an international agreement on the safety and interoperability requirements within the Channel Fixed Link
Decision (EU) 2024/867 of the European Parliament and of the Council of 13 March 2024 empowering the French Republic to negotiate, sign and conclude an international agreement on the safety and interoperability requirements within the Channel Fixed Link
Decision (EU) 2024/867 · Decision · 7 articles
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
This Decision hereby sets out the conditions pursuant to which the French Republic is empowered to negotiate, sign, conclude and in future amend an international agreement with the United Kingdom on the safety and interoperability requirements in the Channel Fixed Link, as well as cooperation between the Établissement Public de Sécurité Ferroviaire (EPSF) and the Office of Rail and Road (ORR) (‘the agreement’).
The agreement shall comply with the conditions set out in Articles 2 and 3 of this Decision.
In respect of the part of the Channel Fixed Link under the jurisdiction of the French Republic, the agreement shall comply with the following conditions:
(a)
The agreement shall be compatible with Union law in all respects. Compliance with the principles of the primacy and, where applicable, direct effect of Union law shall be ensured.
(b)
Disputes between the French Republic and the United Kingdom concerning the application of the Agreement shall not be submitted to the arbitral tribunal set up under Article 19 of the Treaty of Canterbury or to any other means of legally binding dispute settlement.
(c)
The French Republic shall retain the right to unilaterally suspend or terminate the agreement, with a view to ensuring the full, correct and expeditious application of Union law in the part of the Channel Fixed Link under its jurisdiction.
(d)
The agreement shall provide for a mechanism for its amendment, in order to adapt it to changes in Union law.
(e)
The independence and the respective powers granted by Union law to the European Union Agency for Railways and the EPSF, as national safety authority within the meaning of Directive (EU) 2016/798, shall be ensured, and in particular:
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acts of the ORR shall only be recognised for the purposes of the agreement in matters where an earlier agreement has been concluded under Article 14(5) of Directive 2012/34/EU of the European Parliament and of the Council ( 8 ) ,
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equivalence of the acts of the ORR shall only be recognised where this is provided for by the Convention concerning International Carriage by Rail (COTIF), and
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in respect of the matters falling within the scope of the agreement, the tasks and powers of the Intergovernmental Commission and the Safety Authority established by the Treaty of Canterbury shall not affect the decision-making autonomy of the EPSF, in conformity with Union law.
The French Republic shall keep the Commission regularly informed of the negotiations with the United Kingdom on the agreement and, where appropriate, invite the Commission to participate as an observer.
Upon completion of the negotiations, the French Republic shall submit the resulting draft agreement to the Commission. The Commission shall immediately inform the European Parliament and the Council of that resulting draft agreement.
Within one month from the submission of the draft agreement to the Commission, the Commission shall adopt a decision as to whether the conditions set out in Article 2 are fulfilled. The Commission shall inform the European Parliament and the Council of the adoption of such decision. Where the Commission decides that those conditions are fulfilled, the French Republic may sign and conclude the corresponding agreement.
The French Republic shall provide a copy of the signed agreement to the Commission within one month of its entry into force, or, where the agreement is to be applied provisionally, within one month of the beginning of its provisional application.
Throughout the duration of the agreement, the French Republic shall ensure the full, correct and expeditious application of Union law in the part of the Channel Fixed Link under its jurisdiction. The French Republic shall take appropriate measures in that respect including, where necessary, the suspension or the denunciation of the agreement.
1. The French Republic is empowered to negotiate amendments to the agreement, in accordance with the procedure set out in paragraphs 3 and 4 of this Article, provided that such amendments are required to adapt the agreement to future changes in Union law, and in particular to amendments of Regulation (EU) 2016/796 and Directives (EU) 2016/797 and (EU) 2016/798, and provided also that such amendments are necessary to ensure the full, correct and expeditious application of Union law in the part of the Channel Fixed Link under its jurisdiction.
2. The French Republic is also empowered to negotiate further amendments to the agreement, in accordance with the procedure set out in paragraphs 3 and 4 of this Article, to ensure that the agreement complies with the conditions laid down in Article 1 of Decision (EU) 2020/1531.
3. The French Republic shall keep the Commission regularly informed of any negotiations with the United Kingdom concerning amendments to the agreement and, where appropriate, invite the Commission to participate as an observer. The French Republic shall submit the envisaged amendments to the Commission together with an explanatory note. The Commission shall immediately inform the European Parliament and the Council thereof. The French Republic shall provide any additional information on the envisaged amendments as requested by the Commission.
4. Within three months from the submission of the envisaged amendment and the accompanying explanatory note to the Commission, the Commission shall adopt a decision as to whether the conditions set out in paragraph 1 of this Article and in Article 2 are fulfilled. Where the Commission decides that those conditions are fulfilled, the Commission shall inform the European Parliament and the Council of the adoption of such a decision, and the French Republic may proceed with the amendment of the agreement. A copy of the amended agreement shall be provided to the Commission within one month of the entry into force of the amendment, or, where the amendment is to be applied provisionally, within one month of the beginning of its provisional application.
