Decision 2020/2186 - EU position within the Joint Committee established by the Agreement on the withdrawal of the United Kingdom from the EU and Euratom as regards practical working arrangements relating to the exercise of the rights of Union representatives - Main contents
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Council Decision (EU) 2020/2186 of 17 December 2020 on the position to be taken on behalf of the European Union within 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 practical working arrangements relating to the exercise of the rights of Union representatives| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2020/2186 |
| Original proposal | COM(2020)833  |
| CELEX number i | 32020D2186 |
| Document | 17-12-2020; Date of adoption |
|---|---|
| Publication in Official Journal | 23-12-2020; OJ L 435 p. 65-72 |
| Effect | 17-12-2020; Entry into force Date of document See Art 3 |
| End of validity | 31-12-9999 |
23.12.2020 |
EN |
Official Journal of the European Union |
L 435/65 |
COUNCIL DECISION (EU) 2020/2186
of 17 December 2020
on the position to be taken on behalf of the European Union within 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 practical working arrangements relating to the exercise of the rights of Union representatives
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 (‘the Withdrawal Agreement’) was concluded by the Union by means of Council Decision (EU) 2020/135 (1) on 30 January 2020 and entered into force on 1 February 2020. |
(2) |
Article 166 of the Withdrawal Agreement empowers the Joint Committee established by Article 164 of the Withdrawal Agreement (‘the Joint Committee’) to adopt decisions in respect of all matters for which the Withdrawal Agreement so provides. The Protocol on Ireland/Northern Ireland (‘the Protocol’) forms an integral part of the Withdrawal Agreement. |
(3) |
Article 12(2) of the Protocol establishes the right of the Union to be present during any activities of the United Kingdom related to the implementation and application of provisions of Union law made applicable by the Protocol as well as activities related to the implementation and application of Article 5 of the Protocol. It specifically provides for the right to request information from the authorities of the United Kingdom relating to such activities and to request those authorities to carry out control measures. |
(4) |
Article 12(3) of the Protocol provides for a decision by the Joint Committee setting out the practical working arrangements relating to the exercise of the rights granted by the Protocol in this regard. Those working arrangements should ensure that Union representatives are able to exercise the rights laid down in Article 12(2) of the Protocol effectively. |
(5) |
The presence of the Union provided for by the Protocol needs to take into account the unique circumstances on the island of Ireland, and rights of Union representatives should be exercised while giving due consideration to respect for foreign sovereignty as well as, in particular, to the Good Friday or Belfast Agreement of 10 April 1998. |
(6) |
It is 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 within the Joint Committee established by Article 164 of the Withdrawal Agreement as regards the practical working arrangements relating to the exercise of the rights of Union representatives referred to in Article 12(2) of the Protocol shall be based on the draft Decision of the Joint Committee attached to this Decision.
Article 2
The Decision of the Joint Committee shall be published in the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 17 December 2020.
For the Council
The President
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S.SCHULZE
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Council Decision (EU) 2020/135 of 30 January 2020 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 (OJ L 29, 31.1.2020, p....
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