Considerations on COM(2020)780 - EU position on application of provisions of title III part 2 of the UK Withdrawal Agreement shall apply to the nationals of Iceland, Liechtenstein, Norway, and Switzerland

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dossier COM(2020)780 - EU position on application of provisions of title III part 2 of the UK Withdrawal Agreement shall apply to the nationals of ...
document COM(2020)780 EN
date November 27, 2020
 
(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 (the ‘Withdrawal Agreement’) was concluded by Council Decision (EU) 2020/135 3 and entered into force on 1 February 2020.

(2) Pursuant to Article 33(1) of the Withdrawal Agreement, the provisions of Title III of Part Two of the Agreement, on the coordination of the social security systems, applicable to Union citizens, shall apply to nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, and the Swiss Confederation provided that these states have concluded and apply corresponding agreements, on the one hand, with the United Kingdom which apply to Union citizens and, on the other hand, with the Union which apply to United Kingdom nationals.

(3) Pursuant to Article 33(2) of the Withdrawal Agreement, upon notification from the United Kingdom and from the Union of the date of entry into force of those agreements, the Joint Committee established under Article 164(1) thereof (the ‘Joint Committee’) shall set the date from which the provisions of Title III of Part Two of the Agreement shall apply to the nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, and the Swiss Confederation, as applicable.

(4) The Union has concluded corresponding agreements with Iceland, the Principality of Liechtenstein and the Kingdom of Norway 4 and with the Swiss Confederation 5 which apply to United Kingdom nationals. The United Kingdom has concluded corresponding agreements with Iceland, the Principality of Liechtenstein and the Kingdom of Norway 6 and with the Swiss Confederation 7 which apply to Union citizens.

(5) In view of the envisaged date of entry into force of those agreements and in order to avoid any gap in the protection of the nationals concerned after the end of the transition period as defined in Article 126 of the Withdrawal Agreement, the date from which the provisions of Title III of Part Two of the Agreement shall apply to the nationals of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, and the Swiss Confederation, should be 1 January 2021.

(6) It is therefore appropriate to establish the position to be taken on the Union's behalf in the Joint Committee, upon notification from the United Kingdom and from the Union of the date of entry into force of the agreements they each concluded with Iceland, the Principality of Liechtenstein and the Kingdom of Norway and with the Swiss Confederation.

(7) In order to allow for the prompt application of the measures provided for in this Decision, this Decision should enter into force on the date of its adoption.