Decision 2021/689 - Conclusion 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 - Main contents
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Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, 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 informationLegal instrument | Decision |
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Number legal act | Decision 2021/689 |
Original proposal | COM(2020)856 |
CELEX number i | 32021D0689 |
Document | 29-04-2021; Date of adoption |
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Publication in Official Journal | 30-04-2021; OJ L 149 p. 2-9 |
Effect | 29-04-2021; Entry into force Date of document See Art 13 |
Deadline | 01-01-2021; See Art 2.4 01-01-2022; At the latest See Art 3.6 31-12-2023; See Art 5.1 Pt (a) |
End of validity | 31-12-9999 |
30.4.2021 |
EN |
Official Journal of the European Union |
L 149/2 |
COUNCIL DECISION (EU) 2021/689
of 29 April 2021
on the conclusion, on behalf of the Union, 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(6) and the second subparagraph of Article 218(8) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament, (1)
Whereas:
(1) |
On 29 December 2020, the Council adopted Decision (EU) 2020/2252 (2) 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 (the ‘Trade and Cooperation Agreement’) 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 ‘Security of Information Agreement’). The Trade and Cooperation Agreement and the Security of Information Agreement (the ‘Agreements’) were signed on 30 December 2020, subject to their conclusion at a later date. |
(2) |
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 conclusion of 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. |
(3) |
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. |
(4) |
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 Commission, as provided for in Article 17(1) of the Treaty on European Union (TEU), is to represent the Union and to express the Union’s positions as established by the Council in accordance with the Treaties. The Council is to exercise its policymaking and coordinating functions as provided for in Article 16(1) TEU by establishing the positions to be taken on the Union’s behalf in the Partnership Council and the Committees established by the Trade and Cooperation Agreement. Furthermore, where the Partnership Council or the Committees established by the Trade and Cooperation Agreement are called upon to adopt acts having legal effects, the positions to be taken on the Union’s behalf in those bodies are to be established in accordance with the procedure set out in Article 218(9) of the Treaty on the Functioning of the European Union (TFEU). Similarly, where the Commission carries out annual consultations related to fisheries, it should do so on the basis of positions to be... |
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