Considerations on COM(2021)593 - EU position as regards the adoption of a decision to amend the Agreement on the withdrawal of the United Kingdom from the EU and Euratom

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table>(1)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 Withdrawal Agreement’) was concluded by the Union by Council Decision (EU) 2020/135 (1), and entered into force on 1 February 2020.
(2)Article 164(5)(d) of the Withdrawal Agreement empowers 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, and the Union and the United Kingdom must implement those decisions, which shall have the same legal effect as the Withdrawal Agreement.

(3)By oversight, one decision and one recommendation of the Administrative Commission for the Coordination of Social Security Systems have not been listed in Part I of Annex I to the Withdrawal Agreement. Four other decisions and one recommendation were adopted before the end of the transition period. Those decisions and recommendations should therefore be added to that annex.

(4)The Joint Committee should adopt a decision pursuant to Article 164(5)(d) of the Withdrawal Agreement to address those omissions and deficiencies.

(5)It is therefore appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee,