Considerations on COM(2020)857 - Approval of the conclusion of the Agreement between the Government of the United Kingdom and Euratom for Cooperation on the Safe and Peaceful Uses of Nuclear Energy

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dossier COM(2020)857 - Approval of the conclusion of the Agreement between the Government of the United Kingdom and Euratom for Cooperation on the ...
document COM(2020)857 EN
date December 26, 2020
 
(1) On 25 February 2020, the Council authorised the European Commission to open negotiations with the United Kingdom for a new partnership agreement. Following negotiations, the Parties agreed at negotiators’ level a Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom, of the other part, (the ‘Trade and Cooperation 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 Peaceful Uses of Nuclear Energy.

(2) The Trade and Cooperation Agreement covers matters falling under competences of the European Atomic Energy Community (the ‘Community'), namely the association to the Research and Training programme of Euratom and to the European Joint Undertaking for ITER governed by the provisions of Part Five of the Trade and Cooperation Agreement [Participation in Union programmes, sound financial management and financial provisions]. The Trade and Cooperation Agreement should therefore also be concluded on behalf of the Community as regards matters falling under the Euratom Treaty. The signing and conclusion of the Trade and Cooperation Agreement on behalf of the European Union is subject to a separate procedure.

(3) It is recalled that draft bilateral agreements between a Member State of the Community and the United Kingdom within the purview of the Euratom Treaty, including agreements for the exchange of scientific or industrial information in the nuclear field, may be concluded provided that the conditions and the procedural requirements set out in Articles 29 and 103 of that Treaty are complied with.

(4) The conclusion, by the Commission, of the 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 Peaceful Uses of Nuclear Energy should be approved.

(5) The conclusion, by the Commission, acting on behalf of the European Atomic Energy Community, of the Trade and Cooperation Agreement should be approved.

(6) The entry into application of the Trade and Cooperation Agreement is a matter of special urgency. The United Kingdom, as a former Member State, has extensive links with the Union in a wide range of economic and other areas. If there is no applicable framework regulating the relations between the Union and the United Kingdom after the transition period ending on 31 December 2020, those relations will be significantly disrupted, to the detriment of individuals, businesses and other stakeholders. Given the exceptional situation of the United Kingdom with regard to the Union, the urgency of the situation with the transition period ending on 31 December 2020, as well as the need to give sufficient time to the European Parliament and the Council to appropriately scrutinise the text of the Trade and Cooperation Agreement, that agreement should be applied on a provisional basis also as regards matters falling under the competence of the European Atomic Energy Community. Provisional application should be limited in time as set out in Article FINPROV.11(2) [Entry into force and provisional application] of the Trade and Cooperation Agreement.