Date: 2023-07-21Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 3/2023 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 3 July 2023 amending Part I of Annex I 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 [2023/1523]
Executive Summary:
This decision, adopted by the Joint Committee on July 3, 2023, amends Part I of Annex I to the Withdrawal Agreement between the UK and the EU. It adds two new decisions from the Administrative Commission for the Coordination of Social Security Systems and deletes three older decisions that have been replaced, ensuring legal certainty. The decision entered into force on the day following its adoption.
Key Points / Main Content:
Amendments to Annex I:
* Decision No H12 of 19 October 2021 concerning the date for determining conversion rates per Article 90 of Regulation EC No 987/2009 is added.
* Decision No H13 of 30 March 2022 concerning the composition and working methods of the Audit Board is added.
Deletions from Annex I:
* Decision No H3 of 15 October 2009, concerning the date for determining conversion rates per Article 90 of Regulation EC No 987/2009, as amended by Decision No. H7, is deleted.
* Decision No H4 of 22 December 2009, concerning the composition and working methods of the Audit Board, is deleted.
* Decision No H7 of 25 June 2015 on the revision of Decision No. H3 is deleted.
Impact Analysis:
The Union and the United Kingdom:
Impact: The decision is binding on both the Union and the United Kingdom and has the same legal effect as the Withdrawal Agreement.
Action Required: Implement the decisions, incorporating the amendments and deletions into their respective legal frameworks.
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 in Europe, that was formerly part 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.
Joint Committee: The committee established by the Agreement on the withdrawal of the United Kingdom from the European Union and the European Atomic Energy Community.
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.
Administrative Commission for the Coordination of Social Security Systems: An administrative body responsible for the coordination of social security systems within the European Union.
Decision No H12 of 19 October 2021: Decision concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of Regulation EC No 987/2009 of the European Parliament and of the Council.
Brussels: The capital of Belgium, and the location where the decision was made.
21.7.2023 EN Official Journal of the European Union L 184/111
DECISION No 3/2023 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 3 July 2023
amending Part I of Annex I 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 [2023/1523]
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 36(4) thereof,
Whereas:
(1) Article 36(4) of the Withdrawal Agreement empowers the Joint Committee established under Article 164(1) thereof
(the ‘Joint Committee’) to adopt decisions amending Part I of Annex I to that Agreement, to reflect any new Decision
or Recommendation approved by the Administrative Commission for the Coordination of Social Security Systems.
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 interest of legal certainty, 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 and by deleting three
decisions which were replaced by the two new 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, Decision No H12 of 19 October 2021concerning the date to be
taken into consideration for determining the rates of conversion referred to in Article 90 of Regulation (EC)
No 987/2009 of the European Parliament and of the Council(2)shall be added under ‘Horizontal issues (H series)’;
(2) in Part I of Annex I to the Withdrawal Agreement, Decision No H13 of 30 March 2022concerning the composition
and working methods of the Audit Board of the Administrative Commission for the Coordination of Social Security
Systems(3)shall be added under ‘Horizontal issues (H series)’;
(3) in Part I of Annex I to the Withdrawal Agreement, the following acts shall be deleted:
(a) Decision No H3 of 15 October 2009concerning the date to be taken into consideration for determining the rates
of conversion referred to in Article 90 of Regulation (EC) No 987/2009 of the European Parliament and of the
Council(4), as amended by Decision No H7 of 25 June 2015on the revision of the Decision No H3 concerning
the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of
Regulation (EC) No 987/2009 of the European Parliament and of the Council(5), which is replaced by Decision
No H12 of 19 October 2021 concerning the date to be taken into consideration for determining the rates of
conversion referred to in Article 90 of Regulation (EC) No 987/2009 of the European Parliament and of the
Council;
(1) OJ L 29, 31.1.2020, p. 7.
(2) OJ C 93, 28.2.2022, p. 6.
(3) OJ C 305, 10.8.2022, p. 4.
(4) OJ C 106, 24.4.2010, p. 56.
(5) OJ C 52, 11.2.2016, p. 13.L 184/112 EN Official Journal of the European Union 21.7.2023
(b) Decision No H4 of 22 December 2009concerning the composition and working methods of the Audit Board of
the Administrative Commission for the Coordination of Social Security Systems(6), which is replaced by Decision
No H13 of 30 March 2022 concerning the composition and working methods of the Audit Board of the
Administrative Commission for the Coordination of Social Security Systems;
(c) Decision No H7 of 25 June 2015 on the revision of the Decision No H3 concerning the date to be taken into
consideration for determining the rates of conversion referred to in Article 90 of Regulation (EC) No 987/2009 of
the European Parliament and of the Councilwhich is replaced by Decision No H12 of 19 October 2021concerning
the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of
Regulation (EC) No 987/2009 of the European Parliament and of the Council.
Article 2
This Decision shall enter into force on the day following that of its adoption.
Done at Brussels, 3 July 2023.
For the Joint Committee
The Co-chairs
Maroš ŠEFČOVIČ
James CLEVERLY
(6) OJ C 107, 27.4.2010, p. 3.