(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 (TEU). 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 withdrawal will occur during the programming period 2014-2020 in which the United Kingdom is participating in 15 cooperation programmes under the European territorial cooperation goal. Two of those programmes, namely PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) (jointly referred to as the ‘cooperation programmes’), are programmes involving Northern Ireland and support peace and reconciliation and North-South cooperation under the Northern Ireland Peace Agreement (the ‘Good Friday Agreement’) that the Union intends to continue even if the United Kingdom withdraws from the Union without a withdrawal agreement having entered into force by the date the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU. Therefore, this Regulation should be limited to those cooperation programmes.

(3)

The cooperation programmes are in particular governed by Regulations (EU) No 1299/2013 (3), (EU) No 1303/2013 (4) and (EU, Euratom) 2018/1046 (5) of the European Parliament and of the Council. This Regulation should lay down provisions in order to allow, following the United Kingdom's withdrawal from the Union, for the continuation of the cooperation programmes in accordance with those Regulations.

(4)

As regards the cooperation programmes, the managing authority is located in the Special EU Programmes Body (‘SEUPB’) set up under the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing Implementation Bodies signed on 8 March 1999. As the cooperation programmes involve Northern Ireland, they should continue with the necessary complementing provisions.

(5)

For the purposes of the continuation of the cooperation programmes, it should be clarified that, without prejudice to Article 20(2) and (3) of Regulation (EU) No 1299/2013, they may cover the participating regions in the United Kingdom, which should be equivalent to NUTS level 3 regions.

(6)

For the purposes of the continuation of the cooperation programmes with financing from the Union general budget, an administrative agreement should be concluded between the Commission and the authorities of the United Kingdom with effect as from the date on which the Treaties cease to apply to the United Kingdom to allow for the necessary controls and audits of the cooperation programmes. If such controls and audits cannot be carried out, the Commission should have the possibility to interrupt payment deadlines, suspend payments and apply financial corrections, as laid down in Articles 83, 142, 144 and 145 of Regulation (EU) No 1303/2013.

(7)

In accordance with Article 76 of Regulation (EU) No 1303/2013, the Commission implementing decisions approving the PEACE IV (Ireland-United Kingdom) programme of 30 November 2015 and the Interreg VA programme of 12 February 2015 are to continue to constitute a financing decision within the meaning of Regulation (EU, Euratom) 2018/1046 and hence a legal commitment within the meaning of Regulation (EU, Euratom) 2018/1046. The United Kingdom remains liable for its financial obligations assumed as a Member State which relate to these legal commitments of the Union.

(8)

The United Kingdom will cease to be, from the date that the Treaties cease to apply to it, part of the Union part of the programme area within the meaning of Article 20(1) of Regulation (EU) No 1299/2013. Therefore, the provisions of that Regulation on the eligibility of operations depending on location should be adapted.

(9)

Since the objective of this Regulation, namely to allow, following the United Kingdom's withdrawal from the Union, for the continuation of the cooperation programmes, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.

(10)

In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation should only apply in a situation where no withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) TEU has entered into force by the date the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU,

(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)

Regulation (EC) No 391/2009 of the European Parliament and of the Council (3) and Directive 2009/15/EC of the European Parliament and of the Council (4) together constitute the regulatory framework for the activities of recognised ship inspection, survey and certification organisations.

(3)

In accordance with Article 8(1) of Regulation (EC) No 391/2009, ship inspection, survey and certification organisations recognised at Union level by the Commission (‘recognised organisations’) are to be assessed on a regular basis and at least every two years by the Commission, together with the Member State that submitted the relevant request for recognition of the organisation.

(4)

For reasons of equal treatment, organisations which were initially recognised by the relevant Member State in accordance with Council Directive 94/57/EC (5) and currently enjoy Union recognition under Article 15(1) of Regulation (EC) No 391/2009 are to be assessed by the Commission together with the Member State which initially recognised those organisations.

(5)

In accordance with Articles 7 and 8 of Regulation (EC) No 391/2009, in order to continue to benefit from Union recognition, recognised organisations must continue to fulfil the requirements and minimum criteria set out in Annex I to that Regulation. This is verified through the continuous assessment carried out by the Commission, together with the relevant Member State, in accordance with Article 8(1) of that Regulation. Therefore, regular assessments play an important role for continued recognition of organisations.

(6)

Following its withdrawal from the Union, the United Kingdom will no longer be able to participate in the assessments carried out pursuant to Article 8(1) of Regulation (EC) No 391/2009.

(7)

The recognised organisations which were initially recognised by the United Kingdom currently enjoy Union recognition and have been entrusted by other Member States with duties in relation to the inspection, survey and certification of ships, in accordance with Article 3(2) of Directive 2009/15/EC. Article 8(1) of Regulation (EC) No 391/2009 should therefore be amended in order to ensure that those organisations will continue to be subject to assessment in accordance with the requirements of that provision.

(8)

The monitoring and oversight obligations that Member States currently have to fulfil under Article 9 of Directive 2009/15/EC should also be taken into account. In this regard, the assessment of recognised organisations under Regulation (EC) No 391/2009 should be conducted by the Commission together with the Member State or Member States which authorised the relevant recognised organisation in accordance with Article 3(2) of Directive 2009/15/EC.

(9)

In order to ensure the coordination of national and Union activities with regard to the monitoring of recognised organisations, the Commission should consult with experts and identify and exchange good practices to avoid duplication of work and to make best use of existing capacities and resources.

(10)

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 (EC) No 391/2009 ceases to apply to the United Kingdom,

(1)

Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council (3) established a specific European legal status for European political parties and European political foundations and provides for their funding from the general budget of the European Union. It also established an Authority for European political parties and European political foundations (‘the Authority’).

(2)

In order to enable the Authority to fully fulfil its tasks, including the new ones provided for in this Regulation, and to enable it to do so in an independent manner, it is necessary to staff it in a permanent way and to confer the powers of an appointing authority on the Director of the Authority.

(3)

Recent events have demonstrated the potential risks to electoral processes and to democracy that can arise from the unlawful use of personal data. It is therefore necessary to protect the integrity of the European democratic process by providing for financial sanctions in situations where European political parties or European political foundations take advantage of infringements of rules on protection of personal data with a view to influencing the outcome of elections to the European Parliament.

(4)

To that end, a verification procedure should be established whereby the Authority must, in certain circumstances, ask the committee of independent eminent persons established by Regulation (EU, Euratom) No 1141/2014 to assess whether a European political party or a European political foundation has deliberately influenced or attempted to influence the outcome of elections to the European Parliament by taking advantage of an infringement of the applicable rules on protection of personal data. Where, in accordance with the verification procedure, that is found to be the case, the Authority should impose sanctions under the effective, proportionate and dissuasive sanctioning system established by Regulation (EU, Euratom) No 1141/2014.

(5)

When the Authority imposes a sanction on a European political party or foundation in accordance with the verification procedure, it should take due account of the ne bis in idem principle, whereby sanctions cannot be imposed twice for the same offence. The Authority should also ensure that the principle of legal certainty is respected and that the European political party or European political foundation concerned has been given the opportunity to be heard.

(6)

The new procedure should exist alongside the current procedures used for the verification of compliance with registration conditions and in cases of manifest and serious breaches of the values on which the Union is founded. However, the time limits for verification of compliance with registration conditions and requirements set in Article 10 of Regulation (EU, Euratom) No 1141/2014 should not apply to the new procedure.

(7)

Since the new procedure is triggered by a decision of a competent national data protection supervisory authority, it should be possible for the European political party or European political foundation concerned to request that the sanction be reviewed if the decision of that national supervisory authority is repealed, or a remedy against that decision has been granted, provided that all national remedies have been exhausted.

(8)

In order to ensure that the 2019 elections to the European Parliament take place in accordance with strong democratic rules and in full respect of the European values of democracy, rule of law and respect of fundamental rights, it is important that the provisions on the new verification procedure enter into force in timely manner and that the procedure applies as soon as possible. In order to achieve this, the amendments to Regulation (EU, Euratom) No 1141/2014 introduced by this Regulation should enter into force on the date of its publication in the Official Journal of the European Union.

(9)

Regulation (EU, Euratom) No 1141/2014 should therefore be amended accordingly,

(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 principal objective of Regulation (EU) 2018/1139 of the European Parliament and of the Council (3) is to establish and maintain a high and uniform level of aviation safety in the Union. For that purpose, a system of certificates has been established for various aviation activities, in order to achieve the required safety levels and to enable the necessary verifications and the mutual acceptance of certificates issued.

(3)

In the area of aviation safety, the impact of the withdrawal of the United Kingdom from the Union on certificates and approvals can be remedied by many stakeholders through various measures. Those measures include the transfer to a civil aviation authority of one of the remaining 27 Member States, or applying, before the withdrawal date, for a certificate issued by the European Union Aviation Safety Agency (‘the Agency’), taking effect from that date only and hence conditional upon the United Kingdom having become a third country.

(4)

However, unlike in other areas of Union law, there are some specific instances where it is not possible to obtain a certificate from another Member State or from the Agency because, from the withdrawal date, the United Kingdom will resume, for its jurisdiction, the role as ‘State of design’ under the Convention on International Civil Aviation. The United Kingdom, in turn, can only issue certificates in that new role once it has assumed it, namely once Union law ceases to apply to the United Kingdom following its withdrawal from the Union.

(5)

It is therefore necessary to set up a temporary mechanism to extend the validity of certain aviation safety certificates, in order to allow the operators concerned, and the Agency, sufficient time to issue the necessary certificates under Article 68 of Regulation (EU) 2018/1139 to take account of the United Kingdom's status as a third country.

(6)

The duration of such extension of the validity of certificates should be limited to what is strictly necessary in order to deal with the United Kingdom's departure from the Union's aviation safety system.

(7)

In order to allow for additional time, where necessary, for the certificates under Article 68 of Regulation (EU) 2018/1139 to be issued to the operators concerned, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of further extending the period of validity of the certificates referred to in Section I of the Annex to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (4). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(8)

Moreover, unlike in most other areas of Union law regarding goods, the invalidity of certificates has an impact not on the placing on the market but on the actual use of aviation products, parts and appliances in the Union, for example when installing parts and appliances on an Union aircraft operating in the Union. Such use of aviation products in the Union should not be impacted by the withdrawal of the United Kingdom.

(9)

In the Union's aviation safety system, the training of pilots and mechanics is tightly regulated and training modules are harmonised. Persons taking part in a training module in one Member State cannot always change, in the course of that training, to another Member State. That particular situation should be taken into account in the Union contingency measures.

(10)

The provisions of this Regulation should enter into force as a matter of urgency and should apply, in principle, from the day following that on which the Treaties cease to apply to the United Kingdom, unless a withdrawal agreement concluded with the United Kingdom has entered into force by that date. However, in order to allow for the necessary administrative procedures to be conducted as early as possible, certain provisions should apply from the entry into force of this Regulation,

(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.

(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,

(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 (TEU). 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, i.e. from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period.

(2)

Council Regulation (EC) No 428/2009 (2) sets up a common system for the control of exports of dual-use items which is necessary to promote Union and international security and to provide a level playing field for Union exporters.

(3)

Regulation (EC) No 428/2009 provides for ‘Union general export authorisations’ which facilitate controls on low-risk exports of dual-use items to certain third countries. Currently, Australia, Canada, Japan, New Zealand, Norway, Switzerland, including Liechtenstein, and the United States of America are covered by Union general export authorisation No EU001 set out in Annex IIa to Regulation (EC) No 428/2009.

(4)

The United Kingdom is a party to the relevant international treaties and a member of international non-proliferation regimes, maintains full compliance with related obligations and commitments. The United Kingdom applies proportionate and adequate controls to effectively address considerations about intended end uses and the risk of diversion, consistent with the provisions and objectives of Regulation (EC) No 428/2009.

(5)

Considering that the United Kingdom is an important destination for dual-use items produced in the Union, it is appropriate to add the United Kingdom to the list of destinations covered by Union general export authorisation No EU001 in order to ensure the uniform and consistent application of controls throughout the Union, to promote a level playing field for Union exporters and to avoid an unnecessary administrative burden, while protecting Union and international security.

(6)

Given the urgency entailed by the circumstances of the United Kingdom's withdrawal from the Union, it is necessary to allow for the prompt application of this Regulation concerning the inclusion of the United Kingdom in Union general export authorisation No EU001. Therefore, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

(7)

The United Kingdom should be added to the list of destinations covered by Union general export authorisation No EU001 only in a situation where no withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) TEU has entered into force by the date on which the Treaties cease to apply to the United Kingdom pursuant to Article 50(3) TEU,

(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 (TEU). 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 withdrawal agreement published in the Official Journal of the European Union on 19 February 2019 (2) contains arrangements for the application of provisions of Union law to the United Kingdom beyond the date on which the Treaties cease to apply to the United Kingdom. If that agreement enters into force, the Common Fisheries Policy (CFP) will apply to the United Kingdom during the transition period in accordance with that agreement and will cease to apply at the end of that period.

(3)

When the CFP ceases to apply to the United Kingdom, United Kingdom waters (territorial sea and adjacent exclusive economic zone) will no longer be part of Union waters. Consequently, in the absence of a withdrawal agreement, Union vessels risk losing access to United Kingdom waters and fishing opportunities therein from 30 March 2019. This would have a significant impact in terms of fishing activities of the Union fleet and economic returns.

(4)

Measures are already available under Regulation (EU) No 508/2014 of the European Parliament and of the Council (3) that can be used for mitigating the adverse economic effects due to the withdrawal of the United Kingdom from the Union throughout the whole chain of production and marketing.

(5)

Regulation (EU) No 508/2014 lays down the rules and arrangements for granting financial compensation to fishermen and owners of fishing vessels in cases of temporary cessation of fishing activities. The criteria to allow for temporary cessation do not allow for compensation due to the withdrawal of a Member State from the Union and the subsequent loss of access to and fishing opportunities within the waters of that State.

(6)

In addition to the measures already available under Regulation (EU) No 508/2014, in order to mitigate the adverse economic effects caused by the withdrawal of a Member State from the Union, public support for the temporary cessation of fishing activities should be available for fishermen and operators that have significant dependence on access to United Kingdom waters.

(7)

Regulation (EU) No 508/2014 should therefore be amended accordingly.

(8)

The remaining appropriations are available to be dedicated to any eligible measure mitigating the consequences of the withdrawal of the United Kingdom from the Union.

(9)

For the sake of simplification, Member States concerned are invited to consider combining amendments to their operational programme within the context of Article 22(4) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (4).

(10)

In view of the need to ensure, prior to the date of the withdrawal of the United Kingdom from the Union, the availability of support under the European Maritime and Fisheries Fund for temporary cessation of fishing activities by Union fishing vessels with significant dependence on access to United Kingdom waters in the event that the United Kingdom does not grant access to those waters from the date of the United Kingdom's withdrawal from the Union, which could be 30 March 2019, it was considered appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the TEU, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.

(11)

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 the Treaties cease to apply to the United Kingdom, unless a withdrawal agreement concluded with the United Kingdom has entered into force by that date,

(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 (TEU). 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 withdrawal agreement published in the Official Journal of the European Union on 19 February 2019 (2) contains arrangements for the application of provisions of Union law to the United Kingdom beyond the date on which the Treaties cease to apply to the United Kingdom. If that agreement enters into force, the common fisheries policy (CFP) will apply to the United Kingdom during the transition period in accordance with that agreement and will cease to apply at the end of that period.

(3)

When the CFP ceases to apply to the United Kingdom, United Kingdom waters (territorial sea and adjacent exclusive economic zone) will no longer be part of Union waters. Consequently, in the absence of a withdrawal agreement, Union and United Kingdom fishing vessels risk not having the possibility to utilise fully the fishing opportunities established for 2019.

(4)

To ensure the sustainability of fisheries, and in light of the importance of fisheries for the economic livelihood of many communities in the Union and in the United Kingdom, the possibility of arrangements for continued full reciprocal fishing access by Union and United Kingdom fishing vessels to each other's waters after the CFP ceases to apply to the United Kingdom as a Member State should be maintained, for a limited period of time. The purpose of this Regulation is to create the appropriate legal framework for such reciprocal access.

(5)

The territorial scope of this Regulation and any reference to the United Kingdom therein does not include Gibraltar.

(6)

The fishing opportunities for 2019 were agreed pursuant to Council Regulations (EU) 2019/124 (3) and (EU) 2018/2025 (4), including by the United Kingdom, during the United Kingdom's membership of the Union. Those fishing opportunities were established fully in accordance with the requirements set out in Articles 61 and 62 of the United Nations Convention on the Law of the Sea. To ensure sustainable exploitation of marine living resources and stability within Union waters and United Kingdom waters, the agreed quota allocations and shares for the Member States and the United Kingdom should remain available in accordance with Articles 2 and 3 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (5).

(7)

In light of the long-standing fishing patterns of United Kingdom fishing vessels in Union waters and vice versa, the Union should provide for a mechanism for United Kingdom fishing vessels to access Union waters by means of authorisations, in order to be able to fish their allocated quota shares established under Regulations (EU) 2019/124 and (EU) 2018/2025 under the same conditions that apply to Union fishing vessels, for a limited period of time. Such fishing authorisations should only be granted if and to the extent that the United Kingdom continues to provide authorisations for Union fishing vessels to continue to make use of fishing opportunities allocated to them in accordance with the relevant fishing opportunity Regulations.

(8)

Regulation (EU) 2017/2403 of the European Parliament and of the Council (6) sets out the rules for issuing and managing fishing authorisations for vessels in waters under the sovereignty or jurisdiction of a third country and for third country fishing vessels conducting fishing operations in Union waters.

(9)

Regulation (EU) 2017/2403 lays down rules for fishing operations carried out by Union fishing vessels in the waters of a third country outside the framework of a fisheries agreement, and provides that a flag Member State may grant direct authorisations and establishes the conditions and procedures for the granting of such authorisations. Given the number of Union fishing vessels that carry out fishing activities in United Kingdom waters, those conditions and procedures would lead to considerable delays and an increased administrative burden in the absence of a withdrawal agreement or a fisheries agreement. It is therefore necessary to provide for specific conditions and procedures to facilitate the issuing of authorisations to Union fishing vessels by the United Kingdom for the operation of fishing activities in United Kingdom waters.

(10)

It is necessary to derogate from the rules that apply to third country fishing vessels and provide for specific conditions and procedures allowing for the issuing of authorisations to United Kingdom fishing vessels by the Union for the operation of fishing activities in Union waters.

(11)

Regulation (EU) No 1380/2013 empowers the Member States to exchange all or part of the fishing opportunities allocated to them. Approximately 1 000 quota exchanges take place annually between the Member States and the United Kingdom. Without prejudice to the exclusive Union competence, a flexible system is needed after the Treaties cease to apply to the United Kingdom, which would allow the Union to exchange quotas with the United Kingdom. Therefore, Member States should be able to discuss with the United Kingdom and, as appropriate, establish a possible outline of an intended quota transfer or exchange. The Commission should remain responsible for carrying out such quota transfer or exchange. Fishing opportunities received from or transferred to the United Kingdom under the quota transfer or exchange should be deemed to be quotas allocated to, or deducted from, the allocation of the Member State concerned.

(12)

Regulation (EU) 2017/2403 should therefore be amended accordingly.

(13)

In view of the need to provide, prior to the date of the withdrawal of the United Kingdom from the Union, a legal framework aiming to avoid the interruption of fishing activities by United Kingdom fishing vessels in Union waters and by Union fishing vessels in United Kingdom waters on the date of the United Kingdom's withdrawal from the Union, which could be 30 March 2019, it was considered appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the TEU, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.

(14)

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 the Treaties cease to apply to the United Kingdom, unless a withdrawal agreement concluded with the United Kingdom has entered into force by that date. It should apply until 31 December 2019.

(15)

In order to enable both Union and United Kingdom operators to continue to fish in accordance with the relevant fishing opportunities allocated to them, fishing authorisations for fishing activities in Union waters should only be granted to United Kingdom fishing vessels if and in so far as the Commission satisfies itself that the United Kingdom grants access rights to Union fishing vessels to conduct fishing operations in United Kingdom waters on the basis of reciprocity,

(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 (TEU). 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 withdrawal occurs during the 2014-2020 programming period of the Erasmus+ programme in which the United Kingdom is participating.

(3)

Regulation (EU) No 1288/2013 of the European Parliament and of the Council (3) establishes and governs the Erasmus+ programme. This Regulation should lay down rules in order to allow for the continuation of legal commitments already undertaken, in accordance with Regulation (EU) No 1288/2013, with regard to ongoing learning mobility activities involving the United Kingdom, after its withdrawal from the Union.

(4)

From the date on which the Treaties cease to apply to the United Kingdom, the United Kingdom will cease to be a programme country within the meaning of Article 24(1) of Regulation (EU) No 1288/2013. In order to avoid current Erasmus+ participants being required to interrupt their ongoing learning mobility activities, the rules on the eligibility of ongoing learning mobility activities under the Erasmus+ programme should be adapted.

(5)

For the purposes of the continuation of financing of ongoing learning mobility activities from the Union budget, the Commission and the United Kingdom should agree to allow the exercise of controls and audits of those activities. If the necessary controls and audits cannot be carried out, this should be considered a serious deficiency in the management and control system.

(6)

Since the objective of this Regulation, namely to allow for the continuation of ongoing learning mobility activities involving the United Kingdom which have started at the latest on the date on which the Treaties cease to apply to the United Kingdom, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(7)

In view of the fact that, in the absence of a withdrawal agreement or of an extension of the two-year period after the United Kingdom's notification, the Treaties will cease to apply to the United Kingdom from 30 March 2019 and in view of the need to ensure, prior to the date of the withdrawal of the United Kingdom from the Union, the continuation of ongoing learning mobility activities under the Erasmus+ programme, it was considered appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the TEU, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.

(8)

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 the Treaties cease to apply to the United Kingdom unless a withdrawal agreement concluded with the United Kingdom has entered into force by that date,

(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 (TEU). 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)

In the absence of a withdrawal agreement or of an extension of the two-year period after the United Kingdom's notification of its intention to withdraw from the Union, the Union rules on social security coordination provided for in Regulations (EC) No 883/2004 (2) and (EC) No 987/2009 (3) of the European Parliament and of the Council will cease to apply to and in the United Kingdom from 30 March 2019.

(3)

As a result, persons who, in their capacity as Union citizens, have legitimately exercised the right to freedom of movement or freedom of establishment enshrined in Articles 45 and 49 of the Treaty on the Functioning of the European Union (TFEU) prior to the date of the United Kingdom's withdrawal from the Union, as well as members of their families and survivors, are no longer able to rely on the Union rules on social security coordination as regards their social security entitlements on the basis of facts and events that occurred and periods of insurance, employment, self-employment or residence that were completed before the withdrawal date, and that involved the United Kingdom. Stateless persons and refugees who are or have been subject to the legislation of one or more Member States and who are or have been in situations involving the United Kingdom, as well as members of their families and survivors, will equally be affected.

(4)

To achieve the aim of safeguarding social security entitlements for the persons concerned, Member States should continue applying the Union principles of equality of treatment, assimilation and aggregation as laid down by Regulations (EC) No 883/2004 and (EC) No 987/2009, as well as the rules of those Regulations that are necessary to give effect to those principles, as regards persons covered, facts or events that occurred, and periods that were completed prior to the withdrawal of the United Kingdom from the Union.

(5)

This Regulation does not affect existing social security conventions and agreements between the United Kingdom and one or more Member States which are in compliance with Article 8 of Regulation (EC) No 883/2004 and Article 9 of Regulation (EC) No 987/2009. This Regulation is without prejudice to the possibility for the Union or the Member States to take measures addressing administrative cooperation and the exchange of information with the competent institutions in the United Kingdom for the purpose of giving effect to the principles of this Regulation. Furthermore, this Regulation does not affect any competence of either the Union or the Member States to conclude social security conventions and agreements with third countries or with the United Kingdom that cover the period after the day on which the Treaties cease to apply to the United Kingdom.

(6)

This Regulation does not affect any rights that were acquired or were in the process of being acquired in accordance with the legislation of a Member State during the period before the date of application of this Regulation. Good cooperation is necessary for such rights to be protected and upheld. It is important to ensure that appropriate and timely information is available to the persons concerned.

(7)

Since the objective of this Regulation, namely to achieve the uniform unilateral application of the social security principles of equality of treatment, assimilation and aggregation, cannot be sufficiently achieved by the Member States but can rather, by reason of coordinating their response, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(8)

In view of the fact that, in the absence of a withdrawal agreement or of an extension of the two-year period after the United Kingdom's notification of its intention to withdraw from the Union, the Treaties will cease to apply to the United Kingdom from 30 March 2019, and in view of the need to provide legal certainty, it was considered appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the TEU, to the TFEU and to the Treaty establishing the European Atomic Energy Community.

(9)

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 the Treaties cease to apply to the United Kingdom, unless a withdrawal agreement concluded with the United Kingdom has entered into force by that date,

(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 (‘TEU’). 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, that is to say from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period.

(2)

The withdrawal of the United Kingdom from the Union would, in the relationship with the remaining 27 Member States and in the absence of any special provisions, end all rights and obligations ensuing from Union law in respect of market access, as established by Regulation (EC) No 1072/2009 (3) and Regulation (EC) No 1073/2009 (4) of the European Parliament and the Council.

(3)

The multilateral quota system of the European Conference of Ministers of Transport (ECMT) is the only other available legal framework that could provide a basis for the carriage of goods by road between the Union and the United Kingdom after the withdrawal date. However, due to the limited number of permits currently available under the ECMT system and its limited scope as regards the covered types of road transport operations, the system is currently inadequate to fully address the road freight transport needs between the Union and the United Kingdom.

(4)

In order to prevent ensuing serious disruptions, including in respect of public order, it is therefore necessary to establish a temporary set of measures enabling road haulage operators and coach and bus service operators licensed in the United Kingdom to carry goods and passengers by road between the territory of the latter and of the remaining 27 Member States, or from the territory of the United Kingdom to the territory of the United Kingdom transiting one or more Member States. In order to ensure a proper equilibrium between the United Kingdom and the remaining Member States, the rights thus conferred should be conditional upon the conferral of equivalent rights and be subject to certain conditions ensuring fair competition.

(5)

Gibraltar is not included in the territorial scope of this Regulation and any reference to the United Kingdom therein does not include Gibraltar.

(6)

The right to carry out transport operations within the territory of a Member State or between Member States is a fundamental achievement of the internal market and should, following the withdrawal of the United Kingdom from the Union and in the absence of any specific provision to the contrary, no longer be available to United Kingdom road haulage operators which are not established in the Union. However, temporary phasing out measures should be envisaged to permit United Kingdom road haulage operators to perform a limited number of additional operations within the territory of the Union in the context of operations between the United Kingdom and the Union. In the immediate aftermath of a withdrawal of the United Kingdom from the Union without a withdrawal agreement, such measures should help to prevent disruptions to traffic flows, which are to be expected from additional controls of vehicles and their cargo, and ensuing threats to public order. They should help in alleviating, more particularly, the pressure on the border points, which are few in number and which are where such disruptions are most likely, as the vehicles do not need to return immediately. They should be proportionate, should not replicate the same level of rights as those enjoyed by Union road haulage operators under the rules of the internal market and should be progressively phased out in accordance with this Regulation.

(7)

In the absence of any special provisions, the withdrawal of the United Kingdom from the Union would also lead to serious disruptions, including in respect of public order, in the context of road passenger services. The Agreement on the international occasional carriage of passengers by coach and bus (5) (‘Interbus Agreement’) is the only available legal framework that provides a basis for the carriage of passengers by bus and coach between the Union and the United Kingdom after the withdrawal date. The United Kingdom will become a Contracting Party in its own right to the Interbus Agreement from 1 April 2019. However, the Interbus Agreement covers only occasional services and is, therefore, inadequate to address the disruptions ensuing from the withdrawal, given the high number of persons that would continue to seek to travel between the Union and the United Kingdom. A Protocol to the Interbus Agreement covering regular passenger transport services was negotiated between its Contracting Parties, but it is not expected to enter into force in time to offer a viable alternative solution to the current situation for the period immediately after the withdrawal of the United Kingdom. Therefore, for regular and special regular services of passenger transport by bus and coach, the current instruments do not address the needs of road transport of passengers between the Union and the United Kingdom. To mitigate an ensuing major disruption that could put public order at risk, it is therefore appropriate to allow United Kingdom carriers to carry passengers from the United Kingdom to the Union and vice versa provided the United Kingdom grants at least equivalent rights to EU carriers. Those rights granted under this Regulation should be limited to a short period of time, so as to allow the Protocol to the Interbus Agreement on regular services to enter into force and the United Kingdom to accede to that Protocol.

Cross-border coach and bus services between Ireland and Northern Ireland are of particular importance for communities living in the border regions, in view of ensuring basic connectivity between communities inter alia as part of the Common Travel Area. The picking up and setting down of passengers in regions on either side of the border supports the viability of those services. Therefore, the picking up and setting down of passengers by United Kingdom coach and bus service operators should continue to be authorised in the border regions of Ireland in the course of international passenger transport services by coach and bus between Ireland and Northern Ireland. These rights should be granted for a limited period of time (until 30 September 2019) to enable alternatives to be put in place.

(8)

In order to reflect their temporary character, while not setting a precedent, the set of measures provided for in this Regulation should be limited to a short period of time. In respect of road haulage operations, the limitation in time is made in view of possible arrangements for basic connectivity to be made in the ECMT system, and without prejudice to both the possible negotiation and entry into force of a future agreement covering the carriage of goods by road between the Union and the United Kingdom and future Union rules on transport. As far as passenger transport by bus and coach is concerned, the limitation in time is made to allow the Protocol to the Interbus Agreement on regular services to enter into force and the United Kingdom to accede to that protocol, and without prejudice to a possible future agreement on the matter between the Union and the United Kingdom.

(9)

In accordance with the principle of proportionality set out in Article 5 TEU, this Regulation does not go beyond what is necessary in order to achieve that objective.

(10)

This Regulation should enter into force as a matter of urgency and apply from the day following that on which the Treaties cease to apply to the United Kingdom unless a withdrawal agreement concluded with the United Kingdom has entered into force by that date. This Regulation should in any event cease to apply on 31 December 2019. The Union will therefore cease to exercise the competence exercised through this Regulation after that date. Without prejudice to other Union measures, and subject to compliance with those measures, that competence will, in accordance with Article 2(2) of the Treaty on the Functioning of the European Union (‘TFEU’), again be exercised by the Member States thereafter. The respective competences of the Union and of the Member States with respect to the conclusion of international agreements in the area of road transport are to be determined in accordance with the Treaties and taking into account relevant Union legislation.

(11)

Where necessary to address market needs, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission, to restore the equivalence of rights granted by the Union to United Kingdom road haulage operators, as well as United Kingdom coach and bus service operators, with those granted by the United Kingdom to Union road haulage operators, and to Union coach and bus service operators, including where the rights granted by the United Kingdom are granted on the basis of the Member State of origin or otherwise are not equally available to all Union operators, and to remedy occurrences of unfair competition to the detriment of Union road haulage operators and of Union coach and bus service operators.

(12)

The delegated acts should comply with the principle of proportionality, and their terms should therefore be commensurate to the problems raised through the failure to grant equivalent rights or through unfair conditions of competition. Suspension of the application of this Regulation should be envisaged by the Commission only in the most severe cases, where no equivalent rights are granted to Union road haulage operators or to Union coach and bus service operators by the United Kingdom or where the rights granted are minimal, or where the conditions of competition for United Kingdom road haulage operators or United Kingdom coach and bus service operators differ so much from those of Union operators that the provision of the services in question by Union operators is, for them, not economically viable.

(13)

When adopting the delegated acts, it is of particular importance that the Commission carry out appropriate consultations during its preparatory work including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (6). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. It should be ensured that any such delegated act does not unduly affect the proper functioning of the internal market.

(14)

To ensure that rights granted by the United Kingdom to Union road haulage operators and Union coach and bus service operators equivalent to those granted by this Regulation to United Kingdom road haulage operators and United Kingdom coach and bus service operators are equally available to all Union operators, the scope of Regulations (EC) No 1072/2009 and (EC) No 1073/2009 should be temporarily extended. Those Regulations already cover the part of a journey between a Member State and a third country on the territory of any Member State crossed in transit. It is, however, necessary to ensure, in such case, that Regulation (EC) No 1072/2009 also apply to the part of the journey on the territory of the Member State of loading or unloading, and that Regulation (EC) No 1073/2009 apply to the part of the journey on the territory of the Member State of picking up or setting down passengers. Such an extension aims at ensuring that Union operators can perform cross-trade operations to or from the United Kingdom, as well as additional stops in their operation of passenger transport,

(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)

Regulation (EC) No 1008/2008 of the European Parliament and of the Council (3) sets out the conditions for the granting of the Union operating licence to air carriers and establishes the freedom to provide intra-EU air services.

(3)

In the absence of any special provisions, the withdrawal of the United Kingdom from the Union would end all rights and obligations ensuing from Union law in respect of market access as established by Regulation (EC) No 1008/2008, insofar as the relationship between the United Kingdom and the remaining 27 Member States is concerned.

(4)

It is therefore necessary to establish a temporary set of measures enabling carriers licensed in the United Kingdom to provide air transport services between the territory of the latter and the remaining 27 Member States. In order to ensure a proper equilibrium between the United Kingdom and the remaining 27 Member States, the rights thus conferred should be conditional upon the conferral of equivalent rights by the United Kingdom to air carriers licensed in the Union and be subject to certain conditions ensuring fair competition.

(5)

In order to reflect its temporary character, the application of this Regulation should be limited to a short period of time, without prejudice to the possible negotiation and entry into force of a future agreement covering the provision of air services with the United Kingdom to which the Union is a party. The Commission should be given, upon its recommendation, as soon as possible, an authorisation to negotiate a comprehensive air transport agreement with the United Kingdom. Such an agreement should be negotiated and concluded without delay.

(6)

In order to maintain mutually beneficial levels of connectivity, cooperative marketing arrangements, such as code-sharing, should be foreseen for both UK air carriers and Union air carriers in line with the principle of reciprocity.

(7)

In view of the exceptional and unique circumstances that necessitate the adoption of this Regulation and in accordance with the Treaties, it is appropriate for the Union to exercise temporarily the relevant shared competence conferred upon it by the Treaties. However, any effect of this Regulation on the division of competences between the Union and the Member States should be strictly limited in time. The competence exercised by the Union should therefore only be exercised with respect to the period of application of this Regulation. Accordingly, the shared competence thus exercised will cease to be exercised by the Union as soon as this Regulation ceases to apply. In accordance with Article 2(2) of the Treaty on the Functioning of the European Union, Member States will, therefore, again exercise their competence as of that moment. Furthermore, it is recalled that, as set out in Protocol No 25 on the exercise of shared competence annexed to the Treaty on European Union and Treaty on the Functioning of the European Union, the scope of the exercise of the competence of the Union in this Regulation covers only those elements governed by this Regulation and does not cover the whole area. The respective competences of the Union and of the Member States with respect to the conclusion of international agreements in the area of air transport are to be determined in accordance with the Treaties and taking into account relevant Union legislation.

(8)

According to Regulation (EC) No 1008/2008, in order to maintain valid operating licences, Union air carriers are to notably comply at all times with the ownership and control requirements set out in that Regulation. In the event that the withdrawal of the United Kingdom from the Union takes place without the withdrawal agreement, some Union air carriers are likely to encounter difficulties in complying with those requirements as from the withdrawal date. It is therefore necessary to put in place contingency measures. In accordance with the principles of equal treatment and proportionality, those measures should be limited to what is strictly necessary to address the problems ensuing from the disorderly withdrawal of the United Kingdom from the Union. In view of the same principles, it is also necessary to establish mechanisms to allow close monitoring of progress towards compliance with the ownership and control requirements and to withdraw the operating licence, where this is warranted. In order to avoid an abrupt cessation of the operations and allow notably for the repatriation of affected passengers, the revocation of a non-complying operating licence, in case no appropriate plan for remedial action has been presented, should be effective two weeks after the revocation decision.

(9)

This Regulation should not prevent Member States from issuing authorisations for the operation of scheduled air services by Union air carriers in the exercise of rights granted to them by the United Kingdom, similarly to situations occuring in the context of international agreements. In respect of those authorisations, Member States should not discriminate between Union air carriers.

(10)

The Commission and the Member States should resolve the problems that may affect the existing traffic distribution schemes as a result of the withdrawal of the United Kingdom from the Union. In particular, appropriate measures should be taken to ensure full compliance with these schemes and to provide as much as possible for an orderly transition in order to avoid disruption to passengers and companies in the Union.

(11)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the adoption of measures to guarantee a fair degree of reciprocity between the rights unilaterally granted by the Union and the United Kingdom to each other's air carriers, and to ensure that Union air carriers can compete with UK air carriers under fair conditions in the provision of air services. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4). Given their potential impact on the air connectivity of the Member States, the examination procedure should be used for the adoption of those measures. The Commission should adopt immediately applicable implementing acts where, in duly justified cases, imperative grounds of urgency so require. Such duly justified cases might concern those where the United Kingdom fails to grant equivalent rights to Union air carriers and thereby causes a manifest imbalance, or where less favourable conditions of competition than those enjoyed by UK air carriers in the provision of air transport services covered by this Regulation threaten the economic viability of Union air carriers.

(12)

Since the objective of this Regulation, namely to lay down provisional measures governing air transport between the Union and the United Kingdom in the event of the absence of a withdrawal agreement, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(13)

The territorial scope of this Regulation and any reference to the United Kingdom therein does not include Gibraltar.

(14)

This Regulation is without prejudice to the legal position of the Kingdom of Spain with regard to the sovereignty over the territory in which the airport of Gibraltar is situated.

(15)

The provisions of this Regulation should enter into force as a matter of urgency and should apply, in principle, from the day following that on which the Treaties cease to apply to the United Kingdom unless a withdrawal agreement concluded with the United Kingdom has entered into force by that date. However, in order to allow for the necessary administrative procedures to be conducted as early as possible, certain provisions should apply as from the entry into force of this Regulation,

(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)

In the area of rail transport, the impact of the withdrawal of the United Kingdom from the Union on certificates and authorisations can be remedied by the operators concerned, through various measures. Those measures include operators establishing themselves in one of the remaining Member States and obtaining appropriate licences and certificates there.

(3)

Specific agreements, as provided for in Article 14 of Directive 2012/34/EU of the European Parliament and of the Council (2), would be necessary to address issues directly concerning cross border rail services and infrastructure, thereby ensuring continuity of such services and minimising disruption. In accordance with that Directive, such agreements would also ensure reciprocal treatment for Union undertakings and undertakings established in the United Kingdom using cross border infrastructure.

(4)

The conclusion of such agreements between the Member States concerned and the United Kingdom is only possible after the United Kingdom becomes a third country. In particular, the application of Union safety rules to the Channel tunnel is currently conferred upon an Intergovernmental Commission, set up under the Treaty of Canterbury signed on 12 February 1986, which in the safety field benefits from the advice of the Channel Tunnel Safety Authority. The system established by that Treaty would have to be adapted taking into account the status of the United Kingdom as a third country. In particular, the responsibility for the part of the Channel tunnel on the French territory should be under the sole control of a competent authority as defined in Article 3(7) of Directive (EU) 2016/798 of the European Parliament and of the Council (3), in order to ensure that Union law is applied as such to that part of the tunnel. That competent authority could however, with a view to discharging its tasks in the best possible way and having regard to the common features of the tunnel on either side of the border and in order to facilitate consistency of decisions, take account of the opinions of a binational body established under an agreement between the two countries, such as the Channel Tunnel Safety Authority established by the Treaty of Canterbury, which advises the Intergovernmental Commission, or develop other means to cooperate with the authorities responsible for the part of the tunnel on UK territory.

(5)

The measures in this Regulation are conditional on safety standards and procedures, requirements for access to operating as a railway undertaking, and requirements for driving a train, which are identical to Union requirements being applied to the infrastructure which is used for the purposes of ensuring cross-border rail connectivity with the United Kingdom as well as to undertakings operating and drivers driving trains on that infrastructure.

(6)

In order to allow parties concerned to enter into the necessary agreements and to take any other measures required to avoid disruptions, taking into account the status of the United Kingdom as a third country, it is necessary to extend the validity of certain certificates, authorisations and licences.

(7)

The duration of such extension of the validity of certificates, authorisations and licences should be limited in time to what is strictly necessary in order to enable the Members States concerned to take those necessary steps, in accordance with the provisions set out in Directive 2004/49/EC of the European Parliament and of the Council (4), Directive 2007/59/EC of the European Parliament and of the Council (5) and Directive 2012/34/EU.

(8)

To avoid major disruption of the cross- border rail services with the United Kingdom, it is also essential that the rail operators and the national authorities take the required measures speedily to ensure that certificates, authorisations and licences falling under this Regulation are issued in good time before this Regulation ceases to apply, and that other certificates, autorisations and licences required to operate on Union territory are issued before the date of the United Kingdom's withdrawal.

(9)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission as regards the withdrawal of the benefit conferred on holders of the certificates, authorisations and licences, where compliance with the Union requirements is not ensured. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (6). The examination procedure should be used for the adoption of those measures, given their potential impact on railway safety. The Commission should adopt immediately applicable implementing acts where, in duly justified cases, imperative grounds of urgency so require.

(10)

In view of the urgency entailed by the withdrawal of the United Kingdom from the Union, it is appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community.

(11)

Since the objective of this Regulation, namely to lay down provisional measures on certain aspects of railway safety and connectivity with regard to the withdrawal of the United Kingdom from the Union, in the event of the absence of a withdrawal agreement, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

(12)

The provisions of this Regulation should enter into force as a matter of urgency and should apply from the day following that on which the Treaties cease to apply to the United Kingdom unless a withdrawal agreement concluded with the United Kingdom has entered into force by that date,

(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 (TEU). 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, i.e. from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period.

(2)

The withdrawal agreement as agreed between the negotiators contains arrangements for the application of provisions of Union law to and in the United Kingdom beyond the date on which the Treaties cease to apply to and in the United Kingdom. If that agreement enters into force, Directive (EU) 2018/2002 (3), amending Directive 2012/27/EU (4) of the European Parliament and of the Council, and Regulation (EU) 2018/1999 of the European Parliament and of the Council (5), will apply to and in the United Kingdom during the transition period in accordance with that agreement and will cease to apply at the end of that period.

(3)

Article 3(5) of Directive 2012/27/EU, which was introduced by Directive (EU) 2018/2002, requires Member States to set indicative national energy efficiency contributions towards the Union's energy efficiency targets of at least 32,5 % for 2030. In setting those contributions, the Member States are to take into account the Union's 2030 energy consumption in terms of primary and/or final energy.

(4)

The first subparagraph of Article 6(1) of Regulation (EU) 2018/1999 requires Member States to take into account the Union's 2030 energy consumption in terms of primary and/or final energy in their indicative national energy efficiency contributions towards the Union targets. In accordance with the first subparagraph of Article 29(3) of that Regulation, the energy consumption at Union level is also relevant for the Commission's assessment of progress towards collectively achieving the Union's targets.

(5)

Due to the United Kingdom's withdrawal from the Union, it is necessary to amend the projected energy consumption figures for the Union in 2030 to reflect the Union of 27 Member States excluding the United Kingdom (‘EU 27’). Projections made for the Union headline targets of at least 32,5 % show that primary energy consumption should be equal to 1 273 million tonnes of oil equivalent (Mtoe) and final energy consumption should be equal to 956 Mtoe in 2030 for the Union of 28 Member States. The equivalent projections for the EU 27 show that primary energy consumption should be equal to 1 128 Mtoe and final energy consumption should be equal to 846 Mtoe in 2030. This requires the amendment of the figures for energy consumption levels in 2030.

(6)

The same projections for energy consumption in 2030 are relevant for Articles 6 and 29 of Regulation (EU) 2018/1999.

(7)

In accordance with Article 4(3) of Regulation (EEC, Euratom) No 1182/71 of the Council (6), the cessation of the application of acts fixed at a given date is to occur on the expiry of the last hour of the day falling on that date. This Decision should therefore apply from the day following that on which Directive 2012/27/EU and Regulation (EU) 2018/1999 cease to apply to the United Kingdom.

(8)

Directive 2012/27/EU and Regulation (EU) 2018/1999 should therefore be amended accordingly.

(9)

In order to prepare without delay for the withdrawal of the United Kingdom, this Decision should enter into force on the third day following that of its publication in the Official Journal of the European Union,