Date: 2022-02-24Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 1/2022 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 21 February 2022 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 [2022/291]
Executive Summary:
Decision No 1/2022 of the Joint Committee amends the Agreement on the withdrawal of the United Kingdom from the EU and the European Atomic Energy Community. The amendment updates Annex I of the Withdrawal Agreement by adding decisions and recommendations of the Administrative Commission for the Coordination of Social Security Systems, and replacing two existing decisions. This decision was adopted on February 21, 2022, and will enter into force the day after its adoption.
Key Points / Main Content:
* **Amendments to Annex I of the Withdrawal Agreement:**
* **Additions:**
* Recommendation No A1 regarding attestation issuance (Article 19(2) of Regulation EC No 987/2009).
* Decision No. E6 concerning the legal delivery of electronic messages in EESSI.
* Decision No. H9 regarding postponement of deadlines due to COVID-19.
* Decision No. H10 concerning methods of operation and composition of the Technical Commission for Data Processing.
* Decision No. H11 regarding postponement of deadlines due to COVID-19.
* Recommendation No. H2 concerning authentication features for Portable Documents.
* Decision S11 concerning refund procedures for Articles 35 and 41 of Regulation EC No 883/2004.
* **Replacements:**
* Decision No. H8 is replaced by Decision No. H10 (Technical Commission for data processing).
* Decision No. S9 is replaced by Decision No. S11 (refund procedures for Articles 35 and 41 of Regulation EC No 883/2004).
* **Entry into Force:**
* The decision enters into force on the day following its adoption (February 21, 2022).
Impact Analysis:
* European Union:
* Impact: The EU is bound by the Joint Committee's decision and must implement it, giving it the same legal effect as the Withdrawal Agreement.
* Action Required: Implement the updated Annex I of the Withdrawal Agreement, incorporating the added and replaced decisions and recommendations.
* United Kingdom:
* Impact: The UK is bound by the Joint Committee's decision and must implement it, giving it the same legal effect as the Withdrawal Agreement.
* Action Required: Implement the updated Annex I of the Withdrawal Agreement, incorporating the added and replaced decisions and recommendations.
Key Entities Referenced
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 formal name of the agreement governing the UK's withdrawal from the EU, also referred to as the Withdrawal Agreement.
European Union: A political and economic union of member states located primarily in Europe.
United Kingdom of Great Britain and Northern Ireland: A sovereign country in Europe, formerly a member of the European Union.
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, developing nuclear energy and distributing it to its member states while selling the surplus to non-member states.
Joint Committee: The committee established under Article 164(1) of the Withdrawal Agreement, responsible for adopting decisions amending the agreement.
Administrative Commission for the Coordination of Social Security Systems: An administrative body responsible for coordinating social security systems within the European Union.
Regulation EC No 987/2009: A regulation of the European Parliament and of the Council, implementing Regulation (EC) No 883/2004 on the coordination of social security systems.
Regulation EC No 883/2004: A regulation of the European Parliament and of the Council on the coordination of social security systems.
L 43/84 EN Official Journal of the European Union 24.2.2022
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 1/2022 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 21 February 2022
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 [2022/291]
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, Part I of Annex I to the Withdrawal Agreement should be amended by adding five
decisions and two recommendations of the Administrative Commission for the Coordination of Social Security
Systems which were not previously listed therein, and by removing and replacing two decisions,
HAS ADOPTED THIS DECISION:
Article 1
The Withdrawal Agreement shall be amended as follows:
(1) In Part I of Annex I to the Withdrawal Agreement, Recommendation No A1 of the Administrative Commission for the
Coordination of Social Security Systems concerning the issuance of the attestation referred to in Article 19(2) of
Regulation (EC) No 987/2009 of the European Parliament and of the Council (2) is added under ‘Applicable legislation
(A series)’;
(2) In Part I of Annex I to the Withdrawal Agreement, Decision No. E6 of the Administrative Commission for the
Coordination of Social Security Systems concerning the determination of when an electronic message is considered
legally delivered in the Electronic Exchange of Social Security Information (EESSI) system (3) is be added under
‘Electronic Data Exchange (E series)’;
(3) In Part I of Annex I to the Withdrawal Agreement, Decision No. H9 of the Administrative Commission for the
Coordination of Social Security Systems regarding the postponement of deadlines mentioned in Articles 67 and 70 of
Regulation (EC) No 987/2009 of the European Parliament and of the Council as well as in Decision No S9 due to the
COVID-19 Pandemic (4), is added under ‘Horizontal issues (H series)’;24.2.2022 EN Official Journal of the European Union L 43/85
(4) In Part I of Annex I to the Withdrawal Agreement, Decision No. H10 of the Administrative Commission for the
Coordination of Social Security Systems concerning the methods of operation and the composition of the Technical
Commission for Data Processing of the Administrative Commission for the Coordination of Social Security Systems (5)
shall be added under ‘Horizontal issues (H series)’;
(5) In Part I of Annex I to the Withdrawal Agreement, Decision No. H11 of the Administrative Commission for the
Coordination of Social Security Systems regarding the postponement of deadlines mentioned in Articles 67 and 70 of
Regulation (EC) No 987/2009 as well as in Decision No S9 due to the COVID-19 Pandemic (6) shall be added under
‘Horizontal issues (H series)’;
(6) In Part I of Annex I to the Withdrawal Agreement, Recommendation No. H2 of the Administrative Commission for the
Coordination of Social Security Systems concerning the inclusion of authentication features to Portable Documents
issued by the institution of a Member State and showing the position of a person for the purpose of the application of
Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council (7) shall be added
under ‘Horizontal issues (H series)’;
(7) In Part I of Annex I to the Withdrawal Agreement, Decision S11 of the Administrative Commission for the
Coordination of Social Security Systems concerning refund procedures for the implementation of Articles 35 and 41
of Regulation (EC) No 883/2004 (8) shall be added under ‘Sickness (S series)’;
(8) In Part I of Annex I to the Withdrawal Agreement, the following acts shall be removed and replaced:
(a) Decision No. H8 of the Administrative Commission for the Coordination of Social Security Systems concerning
the methods of operation and the composition of the Technical Commission for data processing of the
Administrative Commission for the Coordination of Social Security Systems (9), which is replaced by Decision No.
H10 of the Administrative Commission for the Coordination of Social Security Systems concerning the methods of
operation and the composition of the Technical Commission for Data Processing of the Administrative
Commission for the Coordination of Social Security Systems (10);
(b) Decision No. S9 of the Administrative Commission for the Coordination of Social Security Systems concerning
refund procedures for the implementation of Articles 35 and 41 of Regulation (EC) No 883/2004 (11), which is
replaced by Decision No. S11 of the Administrative Commission for the Coordination of Social Security Systems
concerning refund procedures for the implementation of Articles 35 and 41 of Regulation (EC) No 883/2004 (12).
Article 2
This Decision shall enter into force on the day following the day of its adoption.
Done at Brussels, 21 February 2022.
For the Joint Committee
The Co-chairs
Maroš ŠEFČOVIČ
Elizabeth TRUSS
_____________
(1) OJ L 29, 31.1.2020, p. 7.
(2) OJ C 183, 29.5.2018, p. 5.
(3) OJ C 355, 4.10.2018, p. 5.
(4) OJ C 259, 7.8.2020, p. 9.
(5) OJ C 89, 16.3.2021, p. 6.
(6) OJ C 170, 6.5.2021, p. 4.
(7) OJ C 147, 29.4.2019, p. 6.
(8) OJ C 236, 18.6.2021, p. 4.
(9) OJ C 263, 20.7.2016, p. 3.
(10) OJ C 89, 16.3.2021, p. 6.
(11) OJ C 279, 27.9.2013, p. 8.
(12) OJ C 236, 18.6.2021, p. 4.