Date: 2019-03-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Regulation (EU) 2019/495 of the European Parliament and of the Council of 25 March 2019 amending Regulation (EU) No 1316/2013 with regard to the withdrawal of the United Kingdom from the Union (Text with EEA relevance.)
Executive Summary:
Regulation EU 2019/495 amends Regulation EU No 1316/2013 concerning the Connecting Europe Facility (CEF) in light of the United Kingdom's withdrawal from the Union. It modifies the North Sea-Mediterranean Core Network Corridor to exclude the UK and include new maritime links involving Irish ports. The regulation prioritizes investments in transport infrastructure for security and external border checks. It takes effect and applies the day after Regulation EU No 1316/2013 ceases to apply to the UK.
Key Points / Main Content:
* **North Sea-Mediterranean Core Network Corridor:**
* The sections and nodes related to the United Kingdom are removed from the North Sea-Mediterranean Core Network Corridor.
* New maritime links are added between Irish ports (Shannon Foynes, Dublin, Cork) and ports in Belgium, France, and the Netherlands (Le Havre, Calais, Dunkerque, Zeebrugge, Terneuzen, Gent, Antwerpen, Rotterdam, Amsterdam).
* A link is established between the North Sea-Mediterranean Corridor and the Atlantic Corridor via Le Havre.
* **Connecting Europe Facility (CEF):**
* Actions adapting transport infrastructure for security and checks on external borders are added as an eligible action under Article 7(2) of Regulation EU No 1316/2013.
* The Commission shall review the multiannual work programs in the transport sector to adapt it to the withdrawal of the United Kingdom from the Union.
* Actions detailed in point m of Article 72 shall be a priority of an annual work programme adopted on or after 28 March 2019.
* **Review of Regulation EU No 1315/2013:**
* The Commission should carry out an early review of Regulation EU No 1315/2013 by 2021 to account for potential changes in goods flow following the UK's departure.
* **Entry into Force and Application:**
* The regulation enters into force the day after its publication in the Official Journal of the European Union.
* It applies from the day following that on which Regulation EU No 1316/2013 ceases to apply to the United Kingdom.
Impact Analysis:
* **Ireland:**
* *Impact:* Ensures continued connectivity with mainland Europe through new maritime links within the North Sea-Mediterranean Core Network Corridor, mitigating potential disruptions due to the UK's withdrawal.
* *Action Required:* Develop relevant infrastructure to support existing and future trade flows between Ireland and mainland Europe.
* **Ports of Belgium, France, and the Netherlands (Le Havre, Calais, Dunkerque, Zeebrugge, Terneuzen, Gent, Antwerpen, Rotterdam, Amsterdam):**
* *Impact:* Increased traffic and potential for infrastructure development due to the establishment of new maritime links with Irish ports.
* *Action Required:* Prepare for potential increases in traffic and consider infrastructure investments to accommodate new trade flows.
* **European Commission:**
* *Impact:* Responsible for amending the multiannual work programs and conducting an early review of Regulation EU No 1315/2013.
* *Action Required:* Propose a new annual work program and review the multiannual work program to adapt it to the withdrawal of the United Kingdom from the Union, and conduct an early review of Regulation EU No 1315/2013 by 2021.
* **Member States:**
* *Impact:* Need to adapt transport infrastructure for security and checks on external borders.
* *Action Required:* Implement actions adapting the transport infrastructure for purposes of security and checks on external borders, as outlined in the amended regulation.
Key Entities Referenced
European Parliament: One of the legislative bodies of the European Union.
Council of the European Union: One of the legislative bodies of the European Union, comprising government ministers from each member state.
European Commission: The executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's budget.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, detailing the organization and operation of the EU.
Treaty on European Union: One of the primary treaties of the European Union. Article 50 concerns the process for a member state to withdraw from the Union.
United Kingdom: A country that was formerly a member state of the European Union and whose withdrawal is the subject of this regulation.
Regulation EU No 1316/2013: A regulation of the European Parliament and of the Council establishing the Connecting Europe Facility.
North Sea Mediterranean Core Network Corridor: A key transport corridor within the trans-European transport network, affected by the withdrawal of the United Kingdom from the European Union.
L 85 I/16 EN Official Journal of the European Union 27.3.2019
REGULATION (EU) 2019/495 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 March 2019
amending Regulation (EU) No 1316/2013 with regard to the withdrawal of the United Kingdom
from the Union
(Text with EEA relevance)
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 172 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),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union
pursuant to Article 50 of the Treaty on European Union. The Treaties will cease to apply to the United Kingdom
from the date of entry into force of a withdrawal agreement or failing that, two years after that notification,
namely, from 30 March 2019, unless the European Council, in agreement with the United Kingdom,
unanimously decides to extend that period.
(2) The Connecting Europe Facility, which is a key Union funding instrument, was established by Regulation (EU)
No 1316/2013 of the European Parliament and of the Council (4). The aim of the Connecting Europe Facility is
to enable projects of cross-border and common interest to be prepared and implemented within the framework
of the trans-European networks policy in the sectors of transport, telecommunications and energy in order to
improve the functioning of the internal market and to improve competitiveness, as well as to contribute to
economic, social and territorial cohesion and to the sustainable development targets.
(3) Part I of Annex I to Regulation (EU) No 1316/2013 sets out a list of nine core network corridors. Those
corridors constitute an instrument to facilitate the coordinated implementation of the core network. They should
contribute to the cohesion of the core network through improved territorial cooperation, address wider transport
policy objectives and facilitate interoperability, modal integration and multimodal operations.
(4) The United Kingdom is part of the North Sea — Mediterranean Core Network Corridor, which includes links
between Belfast, Dublin and Cork on the island of Ireland, and links in Great Britain from Glasgow and
Edinburgh in the North to Folkestone and Dover in the South. The United Kingdom's sections and nodes are
included in the table entitled ‘Pre-identified sections including projects’ of the core network corridors included in
point 2 of Part I of Annex I to Regulation (EU) No 1316/2013.
(5) In view of the withdrawal of the United Kingdom from the Union, the parts of the alignment of the North
Sea — Mediterranean Core Network Corridor related to the United Kingdom and the United Kingdom's sections
and nodes included in the table of pre-identified sections including projects will become obsolete and will no
longer produce legal effects from the day following that on which Regulation (EU) No 1316/2013 ceases to apply
to the United Kingdom.
(1) OJ C 62, 15.2.2019, p. 301.
(2) OJ C 461, 21.12.2018, p. 173.
(3) Position of the European Parliament of 13 March 2019 (not yet published in the Official Journal) and decision of the Council of
19 March 2019.
(4) Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting
Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348,
20.12.2013, p. 129).27.3.2019 EN Official Journal of the European Union L 85 I/17
(6) For Ireland, maritime links represent a key means of ensuring its direct connectivity with mainland Europe,
particularly in view of the uncertain evolution of trade flows passing over the United Kingdom ‘land bridge’.
(7) In order to avoid a situation in which the North Sea — Mediterranean Core Network Corridor is separated into
two distinct and unconnected parts and to ensure connectivity of Ireland with mainland Europe, the North
Sea — Mediterranean Core Network Corridor should include new maritime links between the Irish ports and the
ports of Belgium, France and the Netherlands which are part of that Corridor. In addition, a link between the
North Sea — Mediterranean Corridor and the Atlantic Corridor via Le Havre, which is on the Atlantic Corridor,
should ensure better connectivity and integration of the internal market.
(8) It is important that the mid-term consequences of the withdrawal of the United Kingdom from the Union on
connections and traffic flows, in particular the possible redeployment of traffic flows, are taken into account
when designing the successor instrument to the Connecting Europe Facility, and for the evaluation of Regulation
(EU) No 1315/2013 of the European Parliament and of the Council (5). Therefore, the Commission should, by
2021, carry out an early review of Regulation (EU) No 1315/2013, in order to take into account possible
changes in the flow of goods once the United Kingdom leaves the Union.
(9) Ensuring the connection between Ireland and the other Member States on the North Sea — Mediterranean Core
Network Corridor and a limited part of the Atlantic Corridor is crucial for ongoing and future infrastructure
investments and for providing legal clarity and certainty for infrastructure planning. It is essential to develop the
relevant infrastructure to maintain and support existing and future trade flows between Ireland and mainland
Europe.
(10) Investments into equipment and infrastructure for security and checks on external borders should be a prioritised
action in the last phase of implementation of the current programming period of the Connecting Europe Facility.
(11) To address those needs, the Commission should propose a new annual work programme.
(12) During the review of the multiannual work programme, in order to adapt it to the withdrawal of the United
Kingdom from the Union, actions aiming at reinforcing transport infrastructure for security and checks on
external borders should, in particular, be taken into account.
(13) This Regulation should enter into force as a matter of urgency on the day following that of its publication in the
Official Journal of the European Union and should apply from the day following that on which Regulation (EU)
No 1316/2013 ceases to apply to the United Kingdom,
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 1316/2013 is amended as follows:
(1) In Article 7(2), the following point is added:
‘(m) actions adapting the transport infrastructure for purposes of security and checks on external borders.’;
(2) Article 17 is amended as follows:
(a) paragraph 2 is replaced by the following:
‘2. The Commission shall review the multiannual work programmes at least at mid-term. In the transport
sector, it shall review the multiannual work programme in order to adapt it in light of the withdrawal of the
United Kingdom from the Union. If necessary, the Commission shall adopt implementing acts revising the
multiannual work programme. Those implementing acts shall be adopted in accordance with the examination
procedure referred to in Article 25(2).’;
(b) the following paragraph is inserted:
‘5a. In the transport sector, actions detailed in point (m) of Article 7(2) shall be a priority of an annual work
programme adopted on or after 28 March 2019.’;
(3) Annex I is amended as set out in the Annex to this Regulation.
(5) Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the
development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).L 85 I/18 EN Official Journal of the European Union 27.3.2019
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European
Union.
It shall apply from the day following that on which Regulation (EU) No 1316/2013 ceases to apply to the United
Kingdom.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 25 March 2019.
For the European Parliament For the Council
The President The President
A. TAJANI G. CIAMBA27.3.2019 EN Official Journal of the European Union L 85 I/19
ANNEX
Amendment to Annex I to Regulation (EU) No 1316/2013
In Annex I, Part I, point 2 (‘Core network corridors’), section ‘North Sea — Mediterranean’, subsection ‘Alignment’, the
following line is inserted after the line ‘Belfast — Baile Átha Cliath/Dublin — Corcaigh/Cork’:
‘Shannon Foynes/Baile Átha Cliath/Dublin/Corcaigh/Cork — Le Havre/Calais/Dunkerque/Zeebrugge/Terneuzen/
Gent/Antwerpen/Rotterdam/Amsterdam’.