Decision 2020/769 - EU position in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom from the EU and Euratom as regards the amendment of the Agreement

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1.

Current status

This decision has been published on June 12, 2020 and entered into force on June 10, 2020.

2.

Key information

official title

Council Decision (EU) 2020/769 of 10 June 2020 establishing the position to be adopted on behalf of the European Union in the Joint Committee established by 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 as regards the amendment of the Agreement
 
Legal instrument Decision
Number legal act Decision 2020/769
Original proposal COM(2020)195 EN
CELEX number i 32020D0769

3.

Key dates

Document 10-06-2020; Date of adoption
Publication in Official Journal 12-06-2020; OJ L 187 p. 12-15
Effect 10-06-2020; Entry into force Date of document See Art 3
End of validity 31-12-9999

4.

Legislative text

12.6.2020   

EN

Official Journal of the European Union

L 187/12

 

COUNCIL DECISION (EU) 2020/769

of 10 June 2020

establishing the position to be adopted on behalf of the European Union in the Joint Committee established by 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 as regards the amendment of the Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 50(2) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(1)

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) (‘the Withdrawal Agreement’) was concluded by the Union by Council Decision (EU) 2020/135 (2) and entered into force on 1 February 2020.

 

(2)

Article 164(5), point (d), of the Withdrawal Agreement empowers the Joint Committee to adopt decisions amending that Agreement, provided that such amendments are necessary to correct errors, to address omissions or other deficiencies, or to address situations that were unforeseen when the Agreement was signed, and provided that such decisions do not amend the essential elements of that Agreement. Pursuant to Article 166(2) of the Withdrawal Agreement, decisions adopted by the Joint Committee are binding on the Union and the United Kingdom. The Union and the United Kingdom must implement such decisions, which have the same legal effect as the Withdrawal Agreement. Pursuant to Article 182 of the Withdrawal Agreement, the Protocol on Ireland/Northern Ireland form an integral part of that Agreement.

 

(3)

Certain dates referred to in the Withdrawal Agreement had already passed at the moment of its entry into force. Those dates should therefore be amended and corresponding adjustments should be made to the Withdrawal Agreement in the interest of legal certainty.

 

(4)

Article 145 of the Withdrawal Agreement does not contain provisions governing grants under the Research Fund for Coal and Steel that were granted to United Kingdom’s beneficiaries before the end of the transition period. Article 145 of the Withdrawal Agreement should therefore be supplemented in this respect, to provide legal certainty as regards ongoing grants.

 

(5)

By oversight, two decisions of the Administrative Commission for the Coordination of Social Security Systems were not listed in Part I of Annex I to the Withdrawal Agreement and eight acts which are essential for the application of the rules of the internal market for goods to Northern Ireland were not listed in Annex 2 to the Protocol on Ireland/Northern Ireland. Those decisions and acts should therefore be added to those annexes. In addition, three notes are also necessary to further define the scope of application of certain specific acts listed in Annex 2 to the Protocol on Ireland/Northern Ireland. These notes should therefore be added to Annex 2 to the Protocol on Ireland/Northern Ireland.

 

(6)

The Joint Committee should adopt a decision pursuant to Article 164(5)(d) of the Withdrawal Agreement to address these omissions and deficiencies.

 

(7)

It is therefore appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf in the Joint Committee established by the Withdrawal Agreement on the amendment of the Withdrawal Agreement in accordance with Article 164(5)(d) thereof shall be to amend the Withdrawal Agreement as follows:

 

(1)

In Article 135, in the title,...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

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