Considerations on COM(2020)28 - Amendment of Decision (EU) 2019/274 on the signing of the Agreement on the withdrawal of the United Kingdom from the EU and Euratom

Please note

This page contains a limited version of this dossier in the EU Monitor.

 
 
table>(1)On 11 January 2019, the Council adopted Decision (EU) 2019/274 (1) on the signing of the Withdrawal Agreement.
(2)By Decision (EU) 2019/476 (2), the European Council, in agreement with the United Kingdom, initially extended the period under Article 50(3) TEU until 12 April 2019. That period was further extended until 31 October 2019 by European Council Decision (EU) 2019/584 (3), taken in agreement with the United Kingdom, and thereafter until 31 January 2020 by European Council Decision (EU) 2019/1810 (4), taken in agreement with the United Kingdom.

(3)The third paragraph of Article 185 of the Withdrawal Agreement, as adapted (5), provides that, when making the written notification of the completion of its necessary internal procedures, the Union, in respect of any Member State which has raised reasons related to fundamental principles of national law of that Member State, may declare that, during the transition period, in addition to the grounds for non-execution of a European arrest warrant referred to in Council Framework Decision 2002/584/JHA (6), the executing judicial authorities of that Member State may refuse to surrender its nationals to the United Kingdom pursuant to a European Arrest Warrant. Pursuant to Article 4 of Decision (EU) 2019/274, those Member States that intend to avail themselves of the possibility provided for in the third paragraph of Article 185 of the Withdrawal Agreement are to inform the Commission and the General Secretariat of the Council of their intention to do so before 15 February 2019.

(4)Given the various extensions of the period under Article 50(3) TEU, it is appropriate to amend Decision (EU) 2019/274 to set a new time limit within which Member States that intend to avail themselves of the possibility provided for in the third paragraph of Article 185 should inform the Commission and the General Secretariat of the Council thereof. At this occasion, it is appropriate to adapt the reference to the relevant paragraph of Article 185 of the Withdrawal Agreement.

(5)Decision (EU) 2019/274 should therefore be amended accordingly.

(6)As provided for in Article 50(4) TEU, the United Kingdom has not taken part in the discussions of the Council concerning this decision or in its adoption,