Date: 2020-07-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 1/2020 of 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 of 12 June 2020 amending 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 [2020/1022]
**Executive Summary:**
This decision, adopted by the Joint Committee on June 12, 2020, amends the Agreement on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community. The amendments correct errors, address omissions, and adjust to the later entry into force of the Withdrawal Agreement. These changes affect Articles 135, 137, 143, 144, 145, and 150, and Annex I of the Withdrawal Agreement.
**Key Points / Main Content:**
* **Amendments to Financial Provisions:**
* Article 135 is amended to reflect budget adjustments for the year 2020.
* Article 137 is amended by deleting references to the year 2019.
* Article 143 is amended, replacing the date "31 July 2019" with "31 July 2020." It also details disclosure requirements in the EU's 2020 consolidated accounts for payments made after the Agreement's entry into force.
* Article 144 is amended, replacing the date "31 July 2019" with "31 July 2020."
* **Research Fund for Coal and Steel Grants:**
* Article 145 is amended to ensure that Union law continues to apply to projects under the Research Fund for Coal and Steel with grant agreements signed before the end of the transition period. This applies until the projects' closure, including specific Council Decisions (2003/76/EC, 2003/77/EC, and 2008/376/EC) and acts referenced in Article 138(2)(a, c, d, e).
* **Amendments to Article 150:**
* Paragraph 4 is amended, replacing "15 December 2019" with "15 October 2020" and "15 December 2030" with "15 October 2031."
* Paragraph 8 is amended, replacing "2019" with "2020" in the first subparagraph and "2020" with "2021" in the second subparagraph.
* **Amendments to Annex I:**
* Part I of Annex I is amended to include Decision No E7 (Electronic Data Exchange) and Decision No F3 (Family Benefits) of the Administrative Commission for the Coordination of Social Security Systems.
* **Entry into Force:**
* The decision enters into force on the day following its adoption (June 12, 2020).
**Impact Analysis:**
**European Union and United Kingdom:**
* *Impact:* Required to implement the amended Withdrawal Agreement, ensuring legal certainty and addressing unforeseen situations and deficiencies.
* *Action Required:* Incorporate the amendments into their respective legal frameworks and ensure compliance.
**Beneficiaries of Research Fund for Coal and Steel Grants:**
* *Impact:* Legal certainty regarding the continuation of applicable Union law to projects under grant agreements signed before the end of the transition period.
* *Action Required:* Continue to adhere to Union law until project closure.
**Administrative Commission for the Coordination of Social Security Systems:**
* *Impact:* The addition of Decisions E7 and F3 to Annex I impacts the coordination of social security systems.
* *Action Required:* Implement and adhere to Decisions E7 and F3.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
United Kingdom of Great Britain and Northern Ireland: A sovereign state located off the north-western coast of continental Europe.
European Atomic Energy Community: An international organisation established by the Treaty of Rome in 1957 with the purpose of creating a specialist market for nuclear power in Europe.
Withdrawal Agreement: 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.
Joint Committee: The Joint Committee established by the Withdrawal Agreement, responsible for overseeing the implementation and application of the agreement.
Research Fund for Coal and Steel: A research fund established by Protocol 37 to the Treaty on the European Union and to the Treaty on the Functioning of the European Union.
Brussels: The capital of Belgium, where the decision was adopted.
Administrative Commission for the Coordination of Social Security Systems: An administrative commission responsible for coordinating social security systems.
14.7.2020 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 225/53
DECISION No 1/2020 OF 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
of 12 June 2020
amending 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 [2020/1022]
THE JOINT COMMITTEE,
Having regard to 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(1) (‘the Withdrawal Agreement’), and in particular Article
164(5)(d) thereof,
Whereas:
(1) Article 164(5) point (d) of the Withdrawal Agreement enables the Joint Committee established under Article 164(1)
thereof (‘the Joint Committee’) to adopt decisions amending that Agreement, provided that such amendments are
necessary to correct errors, to address omissions or other deficiencies, or to address situations unforeseen when the
Agreement was signed, and provided that such decisions do not amend the essential elements of that Agreement.
Pursuant to Article 166(2) of the Withdrawal Agreement, the decisions adopted by the Joint Committee are binding
on the Union and the United Kingdom. The Union and the United Kingdom must implement such decisions, which
shall have the same legal effect as the Withdrawal Agreement.
(2) In the interests of legal certainty and to reflect necessary adjustments as a result of the later date of entry into force of
the Withdrawal Agreement than that initially foreseen, Articles 135, 137, 143, 144 and 150 of the Agreement
should be amended.
(3) Article 145 of the Withdrawal Agreement omits provisions governing grants under the Research Fund for Coal and
Steel that were granted before the end of the transition period to beneficiaries established in the United Kingdom.
Article 145 of the Withdrawal Agreement should therefore be amended to address this deficiency and to provide
legal certainty as regards ongoing grants.
(4) Part I of Annex I to the Withdrawal Agreement should be amended by adding two decisions of the Administrative
Commission for the Coordination of Social Security Systems which were not listed in Part I of Annex I to the
Withdrawal Agreement,
HAS ADOPTED THIS DECISION:
Article 1
The Withdrawal Agreement shall be amended as follows:
(1) In Article 135, in the title, the words ‘budgets for the years 2019 and 2020’ shall be replaced by the words ‘budget for
the year 2020’ and, in paragraph 1, the words ‘years 2019 and’ shall be replaced by the word ‘year’ and the word
‘budgets’ shall be replaced by the word ‘budget’;
(2) In Article 137, in the title and in the first subparagraph of paragraph 1, the words ‘2019 and’ shall be deleted;
(3) Article 143 (1) shall be amended as follows:
(a) in the second subparagraph, ‘31 July 2019’ shall be replaced by ‘31 July 2020’;
(1) OJ L 29, 31.1.2020, p. 7.L 225/54 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 14.7.2020
(b) the third subparagraph shall be replaced by the following:
‘In the consolidated accounts of the Union relating to 2020, the payments made out of the provisions referred to in
point (b) of the second subparagraph from the date of entry into force of this Agreement until 31 December 2020,
shall be disclosed for the same financial operations as referred to in this paragraph but which are decided upon on
or after the date of entry into force of this Agreement.’;
(4) In Article 144(1), in the second subparagraph, ‘31 July 2019’ shall be replaced by ‘31 July 2020’;
(5) In Article 145, the following paragraph shall be added:
‘In respect of the projects under the Research Fund for Coal and Steel established by Protocol 37 to the Treaty on the
European Union and to the Treaty on the Functioning of the European Union under grant agreements signed before
the end of the transition period, the applicable Union law shall continue to apply to and in the United Kingdom after
the end of the transition period, until the closure of the projects. The applicable Union law shall include the following
provisions in particular and any amendments to those provisions, irrespective of the date of adoption, entry into force
or application of the amendment:
(a) Council Decisions 2003/76/EC, 2003/77/EC and 2008/376/EC;
(b) the acts referred to in points (a), (c), (d) and (e) of Article 138(2).’;
(6) Article 150 shall be amended as follows:
(a) paragraph 4 shall be amended as follows:
(i) in the fourth sentence, ‘15 December’ shall be replaced by ‘15 October’ and ‘2019’ shall be replaced by ‘2020’;
(ii) in the fifth sentence, ‘15 December 2030’ shall be replaced by ‘15 October 2031’;
(b) paragraph 8 shall be amended as follows:
(i) in the first subparagraph, ‘2019’ shall be replaced by ‘2020’;
(ii) in the first sentence of the second subparagraph, ‘2020’ shall be replaced by ‘2021’;
(7) In Part I of Annex I to the Withdrawal Agreement, the following acts shall be added:
— Under ‘Electronic Data Exchange (E series)’: Decision No E7 of the Administrative Commission for the Coordination
of Social Security Systems concerning practical arrangements for cooperation and data exchange until the
Electronic Exchange of Social Security Information (EESSI) is fully implemented in the Member States,
— Under ‘Family Benefits (F series)’: Decision No F3 of the Administrative Commission for the Coordination of Social
Security Systems concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 relating to the
method of calculation of the differential supplement.
Article 2
This Decision shall enter into force on the day following the day of its adoption.
Done at Brussels, 12 June 2020.
For the Joint Committee
The Co-chairs
Maroš ŠEFČOVIČ Michael GOVE