Date: 2019-04-25Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2019/642 of 13 April 2019 amending Decision (EU) 2019/274 on the signing, on behalf of the European Union and of the European Atomic Energy Community, 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 (Text with EEA relevance.)
**Executive Summary:**
Council Decision (EU) 2019/642 amends Decision (EU) 2019/274, concerning the signing of the Withdrawal Agreement between the EU, the European Atomic Energy Community, and the United Kingdom. This amendment reflects the extension of the Article 50(3) TEU period until 31 October 2019, as agreed with the UK. The Withdrawal Agreement's entry into force depends on the completion of ratification procedures or will occur on 1 November 2019, whichever is earliest.
**Key Points / Main Content:**
* **Extension of Article 50 Period:**
* The period under Article 50(3) TEU has been extended to 31 October 2019.
* The Withdrawal Agreement may enter into force earlier if ratification procedures are completed before this date.
* If the UK had not held European Parliament elections and ratified the Withdrawal Agreement by 22 May 2019, the initial decision would have ceased to apply on 31 May 2019.
* **Amendments to the Withdrawal Agreement:**
* The last recital was modified to replace references to "29 March 2019" with "from the date of entry into force of this Agreement".
* Article 185 was amended to specify that the agreement enters into force on the day following the extended Article 50 period, provided that notifications of completed internal procedures have been received, or on the first day of the month following receipt of the last notification.
* Article 2 of the Protocol on Gibraltar was amended to replace "30 March 2019" with "the date of entry into force of the Withdrawal Agreement".
* **Decision Amendment:**
* Article 1 of Decision (EU) 2019/274 is replaced, authorizing the signing of the adapted Withdrawal Agreement.
* The text of the Agreement attached to Decision (EU) 2019/274 is replaced by the adapted Agreement text.
* This decision enters into force on the date of its adoption, 13 April 2019.
**Impact Analysis**
* **European Union:**
* *Impact:* The EU must prepare for the possibility of the UK's withdrawal on 1 November 2019, or earlier if ratification is completed.
* *Action Required:* The EU must complete its internal procedures for ratification of the adapted Withdrawal Agreement.
* **European Atomic Energy Community:**
* *Impact:* The European Atomic Energy Community must prepare for the UK's withdrawal on 1 November 2019, or earlier if ratification is completed.
* *Action Required:* The European Atomic Energy Community must complete its internal procedures for ratification of the adapted Withdrawal Agreement.
* **United Kingdom:**
* *Impact:* The UK must decide whether to ratify the Withdrawal Agreement before 31 October 2019, or face withdrawal on that date.
* *Action Required:* The UK must decide on its next steps regarding the Withdrawal Agreement and inform the EU accordingly.
* **Depositary of the Agreement:**
* *Impact:* The Depositary of the Agreement is the recipient of formal notifications relating to the completion of internal procedures for both parties.
* *Action Required:* The Depositary must track and confirm written notifications from the EU and the UK regarding the completion of their internal ratification procedures.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Atomic Energy Community Euratom: An international organisation established by the Treaty of Rome in 1957 with the purpose of creating a specialist market for nuclear power in Europe.
United Kingdom of Great Britain and Northern Ireland: A sovereign country in north-western Europe, commonly known as the United Kingdom or UK.
Withdrawal Agreement: The agreement setting out the arrangements for the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community.
European Council: A collective body that defines the overall political direction and priorities of the European Union.
Article 50 of the Treaty on European Union: Article outlining the procedure for a member state to withdraw from the European Union.
Brussels: The de facto capital city of the European Union, located in Belgium, where the decision was made.
Council Decision EU 2019/642: Council Decision amending Decision EU 2019/274 on the signing of the Withdrawal Agreement.
25.4.2019 EN Official Journal of the European Union L 110 I/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION (EU) 2019/642
of 13 April 2019
amending Decision (EU) 2019/274 on the signing, on behalf of the European Union and of the
European Atomic Energy Community, 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
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 50 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) On 29 March 2017, the United Kingdom notified the European Council of its intention to withdraw from the
European Union and the European Atomic Energy Community (‘Euratom’) in accordance with Article 50 of the
Treaty on European Union (‘TEU’), which applies to Euratom by virtue of Article 106a of the Treaty establishing
the European Atomic Energy Community.
(2) In accordance with Article 50 TEU, the European Union negotiated with the United Kingdom an agreement
setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with
the Union (‘Withdrawal Agreement’).
(3) On 11 January 2019, the Council adopted Decision (EU) 2019/274 (1) on the signing of the Withdrawal
Agreement (2).
(4) On 21 March 2019, the European Council approved the Instrument relating to the Withdrawal Agreement and
the Joint Statement supplementing the Political Declaration, agreed between Prime Minister May and the President
of the European Commission Juncker on 11 March 2019.
(5) By Decision (EU) 2019/476 (3), the European Council, in agreement with the United Kingdom, decided to extend
the period under Article 50(3) TEU until 22 May 2019 in the event that the House of Commons approved the
Withdrawal Agreement by 29 March 2019, or, if that were not to be the case, until 12 April 2019. The House of
Commons did not approve the Withdrawal Agreement by 29 March 2019.
(6) On 5 April 2019, the United Kingdom submitted another request to the European Council for an extension of
the period provided for in Article 50(3) TEU. On 11 April 2019, by Decision (EU) 2019/584 (4) the European
Council, in agreement with the United Kingdom, decided to further extend that period until 31 October 2019.
(1) Council Decision (EU) 2019/274 of 11 January 2019 on the signing, on behalf of the European Union and of the European Atomic
Energy Community, 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 47 I, 19.2.2019, p. 1).
(2) The text of the Withdrawal Agreement attached to Decision (EU) 2019/274 was published in OJ C 66 I, 19.2.2019, p. 1.
(3) European Council Decision (EU) 2019/476 taken in agreement with the United Kingdom of 22 March 2019 extending the period under
Article 50(3) TEU (OJ L 80 I, 22.3.2019, p. 1).
(4) European Council Decision (EU) 2019/584 taken in agreement with the United Kingdom of 11 April 2019 extending the period under
Article 50(3) TEU (OJ L 101, 11.4.2019, p. 1).L 110 I/2 EN Official Journal of the European Union 25.4.2019
The European Council recalled that, under Article 50(3) TEU, the Withdrawal Agreement may enter into force on
an earlier date, should the Parties complete their respective ratification procedures before 31 October 2019.
Consequently, the withdrawal should take place on the first day of the month following the completion of the
ratification procedures or on 1 November 2019, whichever is the earliest. Furthermore, as indicated in the
second paragraph of Article 2 of that Decision, that Decision will cease to apply on 31 May 2019 in the event
that the United Kingdom has not held elections to the European Parliament in accordance with applicable Union
law and has not ratified the Withdrawal Agreement by 22 May 2019.
(7) As a consequence, the date of entry into force of the Withdrawal Agreement had to be adapted to reflect the
period provided for in Article 50(3) TEU, as extended by the European Council in agreement with the United
Kingdom.
(8) On 11 April 2019, in agreement with the United Kingdom, the Withdrawal Agreement was adapted in three
instances as follows:
— in the last recital, the words ‘after 29 March 2019’ were replaced by ‘from the date of entry into force of this
Agreement’;
— in Article 185, the first paragraph was replaced by:
‘This Agreement shall enter into force on one of the following dates, whichever is the earliest:
(a) the day following the end of the period provided for in Article 50(3) TEU, as extended by the European
Council in agreement with the United Kingdom, provided that, prior to that date, the depositary of this
Agreement has received the written notifications by the Union and the United Kingdom regarding the
completion of the necessary internal procedures;
(b) the first day of the month following the receipt by the depositary of this Agreement of the last of the
written notifications referred to in point (a).
In the event that, prior to the end of the period provided for in Article 50(3) TEU, as extended by the
European Council in agreement with the United Kingdom, the depositary of this Agreement has not received
the written notifications referred to in point (a), this Agreement shall not enter into force.’;
— in Article 2 of the Protocol on Gibraltar, the date of 30 March 2019 was replaced by ‘the date of entry into
force of the Withdrawal Agreement’.
(9) Decision (EU) 2019/274 should therefore be amended accordingly.
(10) As provided for in Article 50(4) TEU, the United Kingdom has not taken part in the discussions of the Council
concerning this decision nor in its adoption,
HAS ADOPTED THIS DECISION:
Article 1
Article 1 of Decision (EU) 2019/274 is replaced by the following:
‘Article 1
The signing, on behalf of the Union and the European Atomic Energy Community, 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, as adapted, is hereby authorised, subject to the conclusion of the said
Agreement.
The text of the Agreement, as adapted, is attached to this Decision (*).
(*) OJ C 144 I, 25.4.2019, p. 1.’.
Article 2
The text of the Agreement attached to Decision (EU) 2019/274 is replaced by the text of the adapted Agreement
attached to this Decision (5).
(5) OJ C 144 I, 25.4.2019, p. 1.25.4.2019 EN Official Journal of the European Union L 110 I/3
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 13 April 2019.
For the Council
The President
G. CIAMBA