Brexit: 'Safe operation' of Channel Tunnel in doubt from January, MPs warn

France could ‘take unilateral action to regain control of its section of the Tunnel’ if there are disputes

MPs have raised fears about the “safe operation of the Channel Tunnel” from January, accusing the government of failing to make preparations.

France and the UK were expected to negotiate changes needed because of Brexit – but ministers have yet to put forward a new safety framework, they say.

If a deal is not struck by the end of the transition period, in just 100 days time, the legal status of a treaty dating back to 1986 is uncertain.

This will raise “concerns about the safe operation of the Tunnel after 31 December given that most EU law will no longer apply in the UK”, the report by the Commons European Scrutiny Committee warns

If there are disputes, “France will be able to take unilateral action to regain control of its section of the Tunnel”, it suggests.

The report comes after a leaked government document also warned of queues of up to 7,000 lorries through Kent when the completion of Brexit brings border chaos.

Exporters face two-day delays to reach France, with 70 per cent of trucks not ready for new checks to cross the Channel – including up to half on the busiest Dover-to-Calais route and in the Eurotunnel.

The committee points out that Brexit means “the UK-France Treaty of Canterbury, which has governed the operation of the Tunnel since 1986, will need to be amended”.

The European Commission proposed direct talks between Paris and London – provided any changes “apply all relevant EU law on both the UK and French sides”.

The UK government opposed this, because Boris Johnson has insisted the European Court of Justice will have no remit in this country once Brexit is completed.

But, the report states: “Despite confirming its opposition to the proposals, the government has yet to put forward suggestions for an alternative post-transition safety framework.”

Even if France was willing to reach an agreement outside the ECJ’s future jurisdiction, it would require EU permission, “creating considerable political and time constraints”.

The committee is “urgently requesting further information” from the government and “regular updates on negotiations with France”.

“The unique status of the Channel Tunnel as the UK’s only surface transport connection to mainland Europe and as joint UK-France infrastructure makes an agreement securing its continued safe operation critically important,” its letter states. 

“Indeed, without an agreement on the prevailing safety regime applicable to the Tunnel, there is the real possibility of significant disruption to its operation.” 

The criticism mirrors protests that the government has failed to lay the ground for the hard Brexit it is pursuing, risking border chaos and other huge disruption.

The tunnel is used by around 11 million passengers a year, as well as to transport 1.3 million tonnes of freight.