Legal provisions of COM(2018)841 - Cover letter and Note verbale on the agreement on the withdrawal of the United Kingdom from the EU and Euratom

Please note

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EUROPEAN COMMISSION

Brussels, 5.12.2018

COM(2018) 841 final

Cover letter and Note verbale

on the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community


Cover letter to

Note Verbale on the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community

Cover letter to third countries

[Sender 1 ] presents its compliments to your Government and has the honour to transmit the attached Note Verbale on the Agreement for the withdrawal of the United Kingdom from the European Union and Euratom.

Furthermore, for all conventions/agreements/arrangements to which the European Union is a signatory, party or participant, and for which your Government is the depositary or chair, [Sender] kindly requests that your Government bring the attached Note Verbale to the attention of the other parties or participants to these conventions/agreements/arrangements.

The attached Note Verbale has been endorsed by the Member States of the Union, including the United Kingdom.

[Sender] avails itself of this opportunity to renew to your Government the assurances of its highest consideration.

Cover letter to international organisations

[Sender 2 ] presents its compliments to your Organisation and has the honour to transmit the attached Note Verbale on the Agreement for the withdrawal of the United Kingdom from the European Union and Euratom.

Furthermore, for all conventions/agreements/arrangements to which the European Union is a signatory, party or participant, and for which your Organisation is the depositary or Secretariat, the relevant body or authority in your Organisation is kindly requested to bring it to the attention of the other parties or participants to these conventions/agreements/ arrangements.

The attached Note Verbale has been endorsed by the Member States of the Union, including the United Kingdom.

[Sender] avails itself of this opportunity to renew to your Organisation the assurances of its highest consideration.


Note Verbale on the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community

1. On 29 March 2017, the Government of the United Kingdom of Great Britain and Northern Ireland (the 'United Kingdom') notified the European Council of the United Kingdom's intention to withdraw from the European Union ("Union") and the European Atomic Energy Community ("Euratom") in accordance with Article 50 of the Treaty on European Union. The United Kingdom will therefore cease to be a Member State of the European Union and of Euratom on 30 March 2019.

2. On [DATE], the Union and Euratom, and the United Kingdom, in accordance with Article 50, paragraph 2, of the Treaty on European Union, signed an Agreement setting out the arrangements for the withdrawal of the United Kingdom from the Union and Euratom ("Withdrawal Agreement") 3 . The Withdrawal Agreement will enter into force on 30 March 2019, subject to its prior ratification by the United Kingdom and conclusion by the Union and Euratom.

3. In order to address the specific situation of the withdrawal of the United Kingdom from the Union and Euratom, the Withdrawal Agreement provides for a time-limited transition period during which, save certain very limited exceptions, Union law shall be applicable to and in the United Kingdom and that any reference to Member States in Union law, including as implemented and applied by Member States, shall be understood as including the United Kingdom.

4. The Union and Euratom, and the United Kingdom have agreed that Union law within the meaning of the Withdrawal Agreement encompasses international agreements concluded by the Union (or Euratom), or by Member States acting on behalf of the Union (or Euratom), or by the Union (or Euratom) and its Member States jointly.

5. Subject to timely ratification and conclusion of the Withdrawal Agreement, the Union and Euratom notify parties to the international agreements referred to in point 4 above that, during the transition period, the United Kingdom is treated as a Member State of the Union and of Euratom for the purposes of these international agreements.

6. It is understood that the principles set out in this note also extend to international instruments and arrangements without legally binding force entered into by the Union or Euratom and to international agreements referred to in point 4 above which are provisionally applied.

7. The provisions relating to the transition period are laid down in Part Four (Articles 126 to 132) of the Withdrawal Agreement, to be read in conjunction with the other relevant provisions of the Withdrawal Agreement, in particular its Part One.

8. The transition period starts on 30 March 2019 and ends on 31 December 2020, but the Withdrawal Agreement foresees the possibility of adopting a single decision extending the transition period for up to 24 months. In the event of an extension, the Union and Euratom will communicate this by a further Note Verbale.

9. At the end of the transition period, the United Kingdom will no longer be covered by the international agreements referred to in points 4 and 6 above. This is without prejudice to the status of the United Kingdom in relation to multilateral agreements to which it is a party in its own right.


(1)

Head of the EU Delegation where there is an accredited EU Delegation and by Union headquarters in the absence of an accredited EU Delegation.

(2)

Head of the EU Delegation where there is an accredited EU Delegation and by Union headquarters in the absence of an accredited EU Delegation.

(3)

     The Withdrawal Agreement can be consulted [link to Commission website: https://ec.europa.eu/commission/brexit-negotiations/negotiating-documents-article-50-negotiations-united-kingdom_en ] [link to the Official Journal and the Council decision on the signing of the Withdrawal Agreement]