Date: 2023-04-17Category: Not ApplicableState: Union GovernmentCountry: Europe
Recommendation No 2/2023 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 24 March 2023 on Article 13(3a) of the Protocol on Ireland/Northern Ireland [2023/821]
This document is a recommendation (No 2/2023) issued on March 24, 2023, by 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. The recommendation concerns Article 133a of the Protocol on Ireland/Northern Ireland.
The core of the recommendation stipulates that if an arbitration panel, acting in accordance with Article 175 of the Withdrawal Agreement, determines that the United Kingdom has failed to comply with Article 133a, third subparagraph, of the Protocol, then the Union and the United Kingdom must agree within 30 days of the notification of the ruling that the relevant Union act, as defined in Article 133a, applies as amended or replaced by a specific Union act. This application will take effect from the first day of the second month following the notification of the arbitration panel ruling.
The recommendation takes effect on the day following its issuance.
The co-chairs of the Joint Committee, Maroš Šefčovič and James Cleverly, signed the recommendation in London.
Key Entities Referenced
European Union: One of the parties to the Agreement on the withdrawal of the United Kingdom.
United Kingdom of Great Britain and Northern Ireland: One of the parties to the Agreement on the withdrawal from the European Union.
European Atomic Energy Community: An international organisation, and a party to the withdrawal agreement.
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.
Article 133a of the Protocol on Ireland/Northern Ireland: Article within the Protocol on Ireland/Northern Ireland concerning compliance with rulings.
Protocol on Ireland/Northern Ireland: A protocol forming an integral part of the Withdrawal Agreement.
Joint Committee: The committee established by the Agreement on the withdrawal of the United Kingdom.
London: The city where the Recommendation was signed.
L 102/86 EN Official Journal of the European Union 17.4.2023
RECOMMENDATION No 2/2023 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 24 March 2023
on Article 13(3a) of the Protocol on Ireland/Northern Ireland [2023/821]
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 166(1) thereof,
Whereas:
(1) Article 166 (3) of the Withdrawal Agreement provides that recommendations are to be made by mutual consent.
(2) Under Article 182 of the Withdrawal Agreement, the Protocol on Ireland/Northern Ireland (‘the Protocol’) forms an
integral part of that Agreement.
(3) Where an arbitration panel has ruled that the United Kingdom has failed to comply with the conditions set out in
Article 13(3a), third sub-paragraph, of the Protocol, swift compliance with such an arbitration panel ruling should
be achieved,
HAS MADE THE FOLLOWING RECOMMENDATION:
Article 1
The Joint Committee recommends to the Union and the United Kingdom the following:
In case the arbitration panel has ruled, in accordance with Article 175 of the Withdrawal Agreement, that the United
Kingdom has failed to comply with Article 13(3a), third sub-paragraph, of the Protocol, the Union and the United
Kingdom agree no later than 30 days after such notification that in order to comply with the arbitration panel ruling, and
as the case may be, to the extent set out therein, the Union act applies as amended or replaced by the specific Union act, as
defined in Article 13(3a) of the Protocol, as from the first day of the second month following the notification of the
arbitration panel ruling to the Union and the United Kingdom.
Article 2
This Recommendation shall take effect on the day following the date on which it is made.
Done at London, 24 March 2023.
For the Joint Committee
The Co-chairs
Maroš ŠEFČOVIČ
James CLEVERLY
(1) OJ L 29, 31.1.2020, p. 7.