Withdrawal Agreement Joint Committee Decisions

Further decisions will be needed to adapt grants to changes in aid under the EU`s Common Agricultural Policy each time a new Multiannual Financial Framework (MFF) is approved. The MFF decides on the EU budget over a 7-year cycle. On 10 December, the texts of the Joint Committee`s draft decisions were published, together with several unilateral declarations and a new order document from the British Government setting out what these decisions mean for the movement of goods between Great Britain and Northern Ireland. The Committee took decisions in the following areas: on 8 December, the United Kingdom and the EU announced that the Joint Committee had reached an agreement in principle. The UK has agreed to scrap the controversial clauses in both pieces of legislation. The protocol states that this decision should be taken “before the end of the transition period”. If this were not the case, the goods would not be classified as risky and would be subject to the tariffs agreed in the EU-UK trade agreement or, in the absence of an agreement, to the EU`s most-favoured-nation tariff (often referred to as “WTO conditions”). Link on the implementation of residence rights of the Withdrawal Agreement, Part 2 (Citizens` rights) added: Third Joint Report, April 2021 On 9 June, the agenda of the Joint Withdrawal Agreement and the post-meeting declaration were added The EU and the United Kingdom agreed on how the Protocol on Northern Ireland should be fully implemented after taking decisions within the EU-UK Joint Committee. The Joint Committee agreed on rules on how goods are transported between Northern Ireland and the United Kingdom, including how to avoid customs duties. These rules will come into force whether the EU and the UK agree on a future relationship or there is a “no deal”. The two sides also agreed on temporary grace periods for products such as agri-food and pharmaceuticals to give Northern Irish companies time to prepare for the new rules and controls. The decisions recorded in the minutes to which the Joint Committee was empowered were as follows: a meeting of the Joint Committee was scheduled for 17 December and the decisions were adopted.

The Peace Agreement and the Group have set up a joint committee to implement and enforce decisions on agreements to be adopted jointly by the UK and the EU. Decisions of the Joint Committee on the Northern Ireland Protocol (1 MB , PDF) The Protocol on Ireland and Northern Ireland (the Protocol) is part of the VA, which sets out the conditions for the withdrawal of the United Kingdom from the EU. It sets out Northern Ireland`s relationship with the EU and the UK (the rest of the UK) at the end of the transition period on 31 December 2020. The protocol will enter into force whether or not the EU and the UK agree on a future relationship agreement. The Joint Committee monitors the work of six technical committees and takes decisions on their recommendations, which must be approved by the UK and the EU. Unlike the areas mentioned above, the Joint Committee under the Withdrawal Agreement was not empowered to take decisions in areas where the UK sought to relax and reinterpret EU rules under the Protocol. Instead, unilateral statements were used. Unilateral statements are not legally binding, but they can be used to interpret contracts. The Joint Committee may amend the Withdrawal Agreement in a limited number of areas, but may not amend essential elements of the Agreement.

The Joint Committee is also responsible for taking a number of decisions relating to the application of the Protocol. These include the definition of goods imported into Northern Ireland from outside the EU and considered “non-risky” for subsequent transport to the EU and therefore exempt from all applicable customs duties, the level of eligible financial support for the agriculture and fisheries sectors in Northern Ireland and the arrangements for EU monitoring the UK`s implementation of the EU legislation in Northern Ireland. The Withdrawal Agreement created the Joint Committee – chaired by both the UK and the EU – to oversee the implementation, application and interpretation of the Agreement. Supermarkets and their suppliers bringing agricultural and food products to Northern Ireland have been given a three-month grace period before complying with the EU`s comprehensive Sanitary and Phytosanitary (SPS) Regulations. However, to be eligible for this time-limited exemption, businesses must register for an approved list of suppliers by December 31, 2020. The UK also agreed to maintain its current EU SPS legislation for the products concerned for the three-month period. For the purpose of determining whether a good is likely to continue to travel within the EU, the decision states that the goods are not considered to be at risk if EU law is zero or – in cases where the goods are not imported from either the UK or the EU – EU law is inferior to UK customs. The Joint Committee is also keen to resolve any issues that may arise in the implementation of the Withdrawal Agreement. Britain`s Cabinet Secretary for EU relations and former UK chief Brexit negotiator David Frost chairs the UK, while European Commission Vice-President Maroš Šefčovič chairs the EU. For the purpose of determining whether a product is undergoing commercial processing, the Decision clarifies that certain categories of goods intended solely for the Northern Irish market are not considered to be undergoing processing; Goods are also not reported by small businesses. This approach requires the introduction of new controls and controls on goods transported both from Great Britain to Northern Ireland and, to a lesser extent, from Northern Ireland to Great Britain.

Access to the new rules for businesses and citizens from 1 January 2021. The fifth meeting of the EU-UK Joint Committee under the Withdrawal Agreement took place on Thursday 17 December 2020. Due to the coronavirus outbreak, the meeting took place in Brussels and by videoconference. The explanations mean that supermarkets will benefit from a six-month grace period before they have to comply with EU SPS rules for the import of certain types of chilled meat, such as sausages. B, from the United Kingdom to Northern Ireland. Supermarkets must bring all these products through border inspection posts, have official certificates from the UK authorities and bear a label stating “These products from the UK may not be sold outside northern Ireland”. The UK government is asking for a relaxation of the protocol`s rules The declaration states that most goods shipped from Northern Ireland to the UK by companies do not require prior declaration and/or export. Instead, HMRC will collect “equivalent” information from sources such as shipping manifests. It is not clear to what extent this will reduce the administrative burden on businesses in relation to the preparation of EU customs declarations. The government said in its December leadership paper that it believed that a “comprehensive free trade agreement with an appropriate framework for agri-food issues would help support a broader mutual solution of general issues of common interest in SPS issues between the UK and the EU”. One of the main features of the Protocol on Ireland and Northern Ireland is the uk`s regulatory alignment “as regards Northern Ireland” with EU and other EU acts relating to customs and the free movement of goods. The applicable legislation and other acts are set out in the annexes to the Protocol.

Where a registered act is amended or replaced by an EU decision, the act as amended or replaced shall automatically apply to the United Kingdom in respect of Northern Ireland. If the EU adopts a new legal act deemed relevant to the Protocol, the EU and the United Kingdom decide whether to include it in the relevant Annex to the Protocol. This is done by decision of the Joint Committee. The Joint Committee confirmed the right of EU officials to be present at activities related to the implementation of the Protocol, but stipulated that the UK authorities must also be present if these rights are exercised. The Decision also grants the EU continuous access to UK systems, the e.B.dem customs declaration service and other systems, as appropriate. The document also expressed the UK`s concerns in two other areas: following the UK`s decision to leave the EU, the two sides drafted a Withdrawal Agreement (AO) that sets out how the UK`s withdrawal works. This Agreement entered into force on 31 January 2020. .

The six specialised committees deal with the following areas: citizens` rights; other separate provisions; Ireland/Northern Ireland; Gibraltar; Sovereign base areas in Cyprus; and financial arrangements. In any case, the EU will apply a similar approach to “small markets that have always depended on the supply of medicines from or through the UK (Cyprus, Ireland and Malta)”. The UK said in its December order document that the EU statement “addresses concerns expressed by the UK government” about how the protocol`s state aid provisions could be applied in the UK. However, legal commentators do not believe that this statement will have much impact on the issue of “remedy” and note that the Court of Justice of the European Union (CJEU) retains its state aid jurisdiction under the protocol. It is not clear what weight the CJEU will attach to the declaration. The EU rejected these laws in the strongest possible terms, and the House of Lords repeatedly removed parts of the IMB that referred to the Protocol, and the government continued to reinsert them. The Joint Committee agreed that the level of agricultural subsidies in Northern Ireland would be set at GBP 382.2 million per year, although these could be increased by an additional GBP 6.8 million in exceptional circumstances. .