Annexes to COM(2024)169 -

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dossier COM(2024)169 - .
document COM(2024)169
date April 18, 2024
Agreement

3Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149, 30.04.2021, p.2).

4Council Decision (EU) 2020/2252 of 29 December 2020 on the signing, on behalf of the Union, and on provisional application of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L444, 31.12.2020, p.2).

5With the exception of Ireland. Ireland remains within the “Common Travel Area” with the United Kingdom.

The question of the treatment of the Union citizens that were residing in the United Kingdom at the end of the transition period (and of the United Kingdom nationals that were residing in the Union at that moment) is addressed in the Withdrawal Agreement.

6EUCO XT20001/18, 23 March 2018, §10.

7Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom (OJ C 34, 31.1.2020, p.1. This Declaration said that “the Parties agree to consider conditions for entry and stay for purposes such as research, study, training and youth exchanges.” (§51).

Based on that Declaration, the Commission had included provisions on mobility in the draft agreement submitted to the United Kingdom on 18 March 2020 for the purpose of the negotiations (Draft text of the Agreement on the New Partnership with the United Kingdom, UKTF(2020)14, 18 March 2020: https://commission.europa.eu/publications/draft-text-agreement-new-partnership-united-kingdom_en).

8“Mobility” in the sense of the envisaged agreement implies the residence of a natural person, i.e. a non-temporary stay. Thus, the envisaged agreement does not address matters of travel facilitation, nor does it address the temporary provision of services through the presence of a natural person in the territory of the other Party.

9See Article 488 to 491 and the Protocol on Social Security Coordination of the Trade and Cooperation Agreement.

10In the year ending in June 2023, 87000 more Union citizens left the United Kingdom than arrived.

11Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, (OJ L 382, 28.10.2021).

12Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21).

13Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L 343, 23.12.2011, p.1).

14Regulation (EU) 2018/1806 of the European Parliament and of the Council of 14 November 2018 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement.

15Above a minimum pay threshold, provided that the job is in a list of eligible occupations and that the British employer has been approved by the Home Office (and therefore that employer is able to issue a certificate of sponsorship for the visa applicant).

16Visit the UK as a Standard Visitor: Overview - GOV.UK (www.gov.uk)

17While the United Kingdom is associated to the Horizon Europe Programme as of 1 January 2024 under the conditions established in the Trade and Cooperation Agreement, that Agreement does not include provisions guaranteeing the mobility of researchers, but only a “best efforts” clause in that regard. See Article 712(1) and (2) of the Trade and Cooperation Agreement.

18In addition, doctoral candidates and researchers moving to the United Kingdom under a Horizon Europe project (in particular under the Marie Skłodowska-Curie Actions) do not currently benefit from any specific facilitation as regards their entry and stay and are faced with high visa fees and health surcharges.

1950 % decrease in Union citizens enrolling in United Kingdom universities between 2020 and 2022. Cf. European Parliament, Resolution of 23 November 2023 on the implementation of the EU-UK Trade and Cooperation Agreement (2022/2188(INI)), §148.

20https://www.gov.uk/employment-rights-for-interns

21The Union also seeks to attract skills and talent on a permanent basis. Cf. Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Attracting skills and talent to the EU, COM(2022)657, of 27.4.2022.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Skills and talent Mobility, COM(2023)715, 15.11.2023.

22Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (OJ L 114, 30.4.2002, p.6).

23According to Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the TFEU, Denmark will not be able to participate in the envisaged agreement. Therefore, all references to Union citizens in this recommendation shall be understood as not including Danish nationals, and references to Member States as destination countries under the envisaged agreement shall not be understood as including Denmark. The specific situation of Denmark could be addressed in a separate, subsequent agreement replicating the content of the EU-United Kingdom agreement.

24In respect of Ireland, the provisions of Protocol No 21, annexed to the Treaty on European Union and the TFEU, apply. In any case, the agreement should be without prejudice to Ireland’s arrangements under the “Common Travel Area”.

25The following would be excluded: entry and temporary presence of natural persons to provide services (“GATS mode 4”) and the rules on travel facilitation/border crossing (e.g. passport vs. identity card; use of e-gates) or on visa-free travel for short-term visits.

26Without prejudice to Article 21 of the Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 239, 22.9.2000, p. 19).

27Article 2(1) of the Trade and Cooperation Agreement.

28The possible association of the United Kingdom to Union programmes is provided for in Article 710 of the Trade and Cooperation Agreement: Protocol I to that Agreement could be amended for that purpose by a decision of the Specialised Committee on Participation in Union Programmes referred to in Article 8(1)(s) of the Trade and Cooperation Agreement.

29(OJ L 149, 30.4.2021, p. 10).

30(OJ L 29, 31.1.2020, p. 7).

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