Decision 2020/2252 - Signing and on provisional application of the Trade and Cooperation Agreement with the United Kingdom and of the Agreement with the United Kingdom concerning security procedures for exchanging and protecting classified information

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1.

Current status

This decision has been published on December 31, 2020 and entered into force on December 29, 2020.

2.

Key information

official title

Council Decision (EU) 2020/2252 of 29 December 2020 on the signing, on behalf of the Union, and on provisional application of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information
 
Legal instrument Decision
Number legal act Decision 2020/2252
Original proposal COM(2020)855 EN
CELEX number i 32020D2252

3.

Key dates

Document 29-12-2020; Date of adoption
Publication in Official Journal 31-12-2020; OJ L 444 p. 2-10
Effect 29-12-2020; Entry into force Date of document See Art 15
Deadline 31-12-2023; See Art 5.1(a)
End of validity 31-12-9999

4.

Legislative text

31.12.2020   

EN

Official Journal of the European Union

L 444/2

 

COUNCIL DECISION (EU) 2020/2252

of 29 December 2020

on the signing, on behalf of the Union, and on provisional application of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(1)

On 29 March 2017, the United Kingdom of Great Britain and Northern Ireland (the ‘United Kingdom’) notified the European Council pursuant to Article 50 of the Treaty on European Union (TEU) of its intention to withdraw from the Union and from the European Atomic Energy Community.

 

(2)

On 30 January 2020, the Council adopted Decision (EU) 2020/135 on the conclusion of 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’). The Withdrawal Agreement entered into force on 1 February 2020.

 

(3)

On 25 February 2020, the Council adopted Decision (EU, Euratom) 2020/266 (2) authorising the Commission to open negotiations with the United Kingdom for a new partnership agreement. Those negotiations have been conducted in light of the negotiating directives of 25 February 2020.

 

(4)

The negotiations resulted in a Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (the ‘Trade and Cooperation Agreement’), an Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (the ‘Security of Information Agreement’) and an Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the Safe and the Peaceful Uses of Nuclear Energy (the ‘Nuclear Energy Agreement’).

 

(5)

The Trade and Cooperation Agreement establishes the basis for a broad relationship between the Union and the United Kingdom involving reciprocal rights and obligations, common actions and special procedures. The Security of Information Agreement is a supplementing agreement to the Trade and Cooperation Agreement, intrinsically linked to the latter in particular with regard to the dates of entry into application and termination. The decision on the signing of the Trade and Cooperation Agreement and the Security of Information Agreement (the ‘Agreements’) should therefore be based on the legal basis providing for the establishment of an association allowing the Union to enter into commitments in all areas covered by the Treaties.

 

(6)

In view of the exceptional and unique character of the Trade and Cooperation Agreement, which is a comprehensive agreement with a country that has withdrawn from the Union, the Council is hereby deciding to make use of the possibility for the Union to exercise its external competence with regard to the United Kingdom.

 

(7)

It is appropriate to define the arrangements for the Union’s representation in the Partnership Council and the Committees established by the Trade and Cooperation Agreement. The...


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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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