Decision 2021/1836 - EU position in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom from the EU and Euratom as regards the adoption of a decision to amend the Agreement - Main contents
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official title
Council Decision (EU) 2021/1836 of 15 October 2021 establishing the position to be adopted on behalf of the European Union in 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 as regards the adoption of a decision to amend the Agreement| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2021/1836 |
| Regdoc number | ST(2021)12369 |
| Original proposal | COM(2021)593  |
| CELEX number i | 32021D1836 |
| Document | 15-10-2021; Date of adoption |
|---|---|
| Publication in Official Journal | 20-10-2021; OJ L 372 p. 16-19 |
| Effect | 15-10-2021; Entry into force Date of document See Art 3 |
| End of validity | 31-12-9999 |
20.10.2021 |
EN |
Official Journal of the European Union |
L 372/16 |
COUNCIL DECISION (EU) 2021/1836
of 15 October 2021
establishing the position to be adopted on behalf of the European Union in 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 as regards the adoption of a decision to amend the Agreement
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 50(2) thereof,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(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, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on behalf of the Union in the Joint Committee established by Article 164(1) of the Withdrawal Agreement, on a decision to be taken in accordance with Article 164(5)(d) thereof shall be based on the draft decision of the Joint Committee attached to this Decision.
Article 2
The Decision of the Joint Committee shall be published in the Official Journal of the European Union.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 15 October 2021.
For the Council
The President
-
J.CIGLER KRALJ
DRAFT
DECISION No […]/2021 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 …
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
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... |
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