7.—(1) The Department must ensure that provisions contained in cross-border agreements do not discriminate between railway undertakings, or restrict their freedom to operate cross-border services.
(2) Without prejudice to the division of competence between the European Union and Member States, the Department must notify the European Commission of any intention to enter into negotiations on, to conclude, or to revise a cross-border agreement.
(3) The Department must keep the European Commission regularly informed of any negotiations referred to in paragraph (2) and, where appropriate, must invite the European Commission to participate as an observer.
(4) The Department may apply or conclude a new or revised cross-border agreement with non-EEA countries provided that it is compatible with European Union law and does not harm the object and purpose of the transport policy of the European Union.