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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:

— 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 ,

— 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 — 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.