BETA


2022/0068(COD) Union's rights in enforcing and implementing the UK Withdrawal Agreement and the EU-UK Trade and Cooperation Agreement

Progress: Awaiting Parliament's position in 1st reading

RoleCommitteeRapporteurShadows
Joint Responsible Committee ['AFET', 'INTA', 'AFCO'] HÜBNER Danuta Maria (icon: EPP EPP), KELLY Seán (icon: EPP EPP), SCHIEDER Andreas (icon: S&D S&D) MCALLISTER David (icon: EPP EPP), DE CASTRO Paolo (icon: S&D S&D), SILVA PEREIRA Pedro (icon: S&D S&D), GOERENS Charles (icon: Renew Renew), LOISEAU Nathalie (icon: Renew Renew), RINZEMA Catharina (icon: Renew Renew), ALFONSI François (icon: Verts/ALE Verts/ALE), DELBOS-CORFIELD Gwendoline (icon: Verts/ALE Verts/ALE), HAUTALA Heidi (icon: Verts/ALE Verts/ALE), BUCHHEIT Markus (icon: ID ID), BOURGEOIS Geert (icon: ECR ECR), FOTYGA Anna (icon: ECR ECR), SCHOLZ Helmut (icon: GUE/NGL GUE/NGL), VILLANUEVA RUIZ Idoia (icon: GUE/NGL GUE/NGL)
Committee Opinion PECH KARLESKIND Pierre (icon: Renew Renew) Grace O'SULLIVAN (icon: Verts/ALE Verts/ALE), Bert-Jan RUISSEN (icon: ECR ECR)
Committee Opinion AGRI
Committee Opinion ITRE
Committee Opinion IMCO CAVAZZINI Anna (icon: Verts/ALE Verts/ALE)
Committee Opinion TRAN VITANOV Petar (icon: S&D S&D)
Committee Opinion JURI
Lead committee dossier:
Legal Basis:
RoP 58, TFEU 043, TFEU 091, TFEU 100-p2, TFEU 173-p3, TFEU 188 -a1, TFEU 188-p2, TFEU 189, TFEU 207

Events

2022/10/19
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2022/10/17
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2022/10/13
   EP - Committee report tabled for plenary, 1st reading
Details

The Committees on Foreign Affairs, International Trade and Constitutional Affairs jointly adopted a report by Andreas SCHIEDER (S&D, DE), Seán KELLY (EPP, IE) and Danuta Maria HÜBNER (EPP, PL) on the proposal for a regulation of the European Parliament and of the Council laying down rules for the exercise of the Union's rights in the implementation and enforcement of 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 and 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.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Parliament’s scrutiny

Members stressed in the explanatory statement that it is essential to ensure Parliament’s scrutiny and the democratic oversight of the implementation of the Agreements with the UK. Therefore, Parliament should be able to fully play its role in the monitoring and implementation of the Agreements that form part of a special and unprecedented relationship between the EU and a neighbour country, which was a former Member State.

In this regard, the report proposed that Parliament should be fully informed in a timely manner on a par with the Council of all difficulties that may arise, in particular possible breaches of the Agreements and other situations that might result in measures being taken pursuant to this Regulation, as well as of the Commission's intention to adopt any enforcement measures under the Agreements and of the follow up to any measures taken in order to enable a meaningful exchange of views to take place including when urgent action is required. The European Parliament should have the possibility to express its opinion to the Commission, which the Commission should consider before it adopts any enforcement measures.

Where there is a particular concern any Member State, or the European Parliament may request the Commission to adopt measures or the European Parliament may request the Commission to review its concern and assess the need to adopt such measures. If the Commission does not respond positively to such a request, it should inform the European Parliament and the Council in timely manner of its reasons.

Committee procedure

The Commission should be assisted by the UK Committee . In accordance with the provisions of Regulation (EU) No 182/2011 on laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers, the European Parliament and the Council should be regularly and promptly informed on committee proceedings. The European Parliament and the Council may at any time exercise their right of scrutiny.

Review

By three years after the entry into force of this Regulation, the Commission should present a report on the application of this Regulation, accompanied where appropriate by relevant legislative proposals.

Documents
2022/10/10
   EP - Vote in committee, 1st reading
2022/10/10
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2022/10/04
   EP - Specific opinion
Documents
2022/09/27
   EP - Specific opinion
Documents
2022/09/26
   EP - Specific opinion
Documents
2022/09/08
   EP - Amendments tabled in committee
Documents
2022/08/05
   EP - Committee draft report
Documents
2022/07/07
   EP - Referral to joint committee announced in Parliament
2022/06/15
   ESC - Economic and Social Committee: opinion, report
Documents
2022/05/17
   EP - CAVAZZINI Anna (Verts/ALE) appointed as rapporteur in IMCO
2022/04/25
   EP - KARLESKIND Pierre (Renew) appointed as rapporteur in PECH
2022/03/31
   EP - VITANOV Petar (S&D) appointed as rapporteur in TRAN
2022/03/23
   EP - Committee referral announced in Parliament, 1st reading
2022/03/22
   EP - HÜBNER Danuta Maria (EPP) appointed as rapporteur in ['AFET', 'INTA', 'AFCO']
2022/03/22
   EP - KELLY Seán (EPP) appointed as rapporteur in ['AFET', 'INTA', 'AFCO']
2022/03/22
   EP - SCHIEDER Andreas (S&D) appointed as rapporteur in ['AFET', 'INTA', 'AFCO']
2022/03/11
   EC - Legislative proposal published
Details

PURPOSE: to establish the rules and procedures governing the exercise of the Union's rights under the UK's EU Withdrawal Agreement and the Trade and Cooperation Agreement.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: on 30 January 2020, the Council concluded the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union. This agreement entered into force on 1 February 2020. In addition, the Trade and Cooperation Agreement concluded by the Council, on behalf of the Union, applies provisionally from 1 January 2021 and entered into force on 1 May 2021.

Both the Withdrawal Agreement and the Trade and Cooperation Agreement provide that a Party may adopt certain measures in specific cases and subject to compliance with the conditions and procedures set out therein. These measures may result in the suspension of certain obligations under the agreement concerned.

Should the need arise to exercise its rights in implementing and enforcing the Withdrawal Agreement and the Trade and Cooperation Agreement, the Union should be in a position to make appropriate use of the instruments available to it swiftly and in a proportionate, effective and flexible manner, while fully involving Member States. The Union should also be able to take appropriate measures if effective recourse to binding dispute settlement under those Agreements is not possible because the United Kingdom does not cooperate in making such recourse possible. It is therefore necessary to lay down rules and procedures governing the adoption of those measures.

CONTENT: the proposed Regulation aims to establish general principles and uniform conditions for the exercise of the Union's rights to implement and enforce the Withdrawal Agreement and the Trade and Cooperation Agreement or any supplementary agreement. It also aims to empower the Commission to adopt the necessary measures, including, where appropriate, restrictions on trade, investment or other activities falling within the scope of the Trade and Cooperation Agreement.

These rights could be exercised through the suspension of preferential treatment for the product(s) concerned, remedial measures, rebalancing measures, countermeasures under the Trade and Cooperation Agreement, safeguard measures and measures restricting trade, investment or other activities listed in the proposal.

The implementing acts would be adopted by the Commission under the examination procedure, in accordance with the committee procedure. The Commission should adopt immediately applicable implementing acts where, in duly justified cases, imperative grounds of urgency so require for the appropriate protection of the Union’s interests.

The Commission should review the Regulation within five years of its entry into force in order to ascertain that it remains fit for purpose.

Documents

AmendmentsDossier
58 2022/0068(COD)
2022/09/12 AFET, INTA, AFCO 58 amendments...
source: 735.572

History

(these mark the time of scraping, not the official date of the change)

docs/1/docs/0/url
https://www.europarl.europa.eu/doceo/document/CJ41-PR-734466_EN.html
docs/2/docs/0/url
https://www.europarl.europa.eu/doceo/document/CJ41-AM-735572_EN.html
docs/6
date
2022-10-13T00:00:00
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url: https://www.europarl.europa.eu/doceo/document/A-9-2022-0248_EN.html title: A9-0248/2022
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  • The Committees on Foreign Affairs, International Trade and Constitutional Affairs jointly adopted a report by Andreas SCHIEDER (S&D, DE), Seán KELLY (EPP, IE) and Danuta Maria HÜBNER (EPP, PL) on the proposal for a regulation of the European Parliament and of the Council laying down rules for the exercise of the Union's rights in the implementation and enforcement of 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 and 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.
  • The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
  • Parliament’s scrutiny
  • Members stressed in the explanatory statement that it is essential to ensure Parliament’s scrutiny and the democratic oversight of the implementation of the Agreements with the UK. Therefore, Parliament should be able to fully play its role in the monitoring and implementation of the Agreements that form part of a special and unprecedented relationship between the EU and a neighbour country, which was a former Member State.
  • In this regard, the report proposed that Parliament should be fully informed in a timely manner on a par with the Council of all difficulties that may arise, in particular possible breaches of the Agreements and other situations that might result in measures being taken pursuant to this Regulation, as well as of the Commission's intention to adopt any enforcement measures under the Agreements and of the follow up to any measures taken in order to enable a meaningful exchange of views to take place including when urgent action is required. The European Parliament should have the possibility to express its opinion to the Commission, which the Commission should consider before it adopts any enforcement measures.
  • Where there is a particular concern any Member State, or the European Parliament may request the Commission to adopt measures or the European Parliament may request the Commission to review its concern and assess the need to adopt such measures. If the Commission does not respond positively to such a request, it should inform the European Parliament and the Council in timely manner of its reasons.
  • Committee procedure
  • The Commission should be assisted by the UK Committee . In accordance with the provisions of Regulation (EU) No 182/2011 on laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers, the European Parliament and the Council should be regularly and promptly informed on committee proceedings. The European Parliament and the Council may at any time exercise their right of scrutiny.
  • Review
  • By three years after the entry into force of this Regulation, the Commission should present a report on the application of this Regulation, accompanied where appropriate by relevant legislative proposals.
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New
Awaiting committee decision
docs/0/summary
  • PURPOSE: to establish the rules and procedures governing the exercise of the Union's rights under the UK's EU Withdrawal Agreement and the Trade and Cooperation Agreement.
  • PROPOSED ACT: Regulation of the European Parliament and of the Council.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
  • BACKGROUND: on 30 January 2020, the Council concluded the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union. This agreement entered into force on 1 February 2020. In addition, the Trade and Cooperation Agreement concluded by the Council, on behalf of the Union, applies provisionally from 1 January 2021 and entered into force on 1 May 2021.
  • Both the Withdrawal Agreement and the Trade and Cooperation Agreement provide that a Party may adopt certain measures in specific cases and subject to compliance with the conditions and procedures set out therein. These measures may result in the suspension of certain obligations under the agreement concerned.
  • Should the need arise to exercise its rights in implementing and enforcing the Withdrawal Agreement and the Trade and Cooperation Agreement, the Union should be in a position to make appropriate use of the instruments available to it swiftly and in a proportionate, effective and flexible manner, while fully involving Member States. The Union should also be able to take appropriate measures if effective recourse to binding dispute settlement under those Agreements is not possible because the United Kingdom does not cooperate in making such recourse possible. It is therefore necessary to lay down rules and procedures governing the adoption of those measures.
  • CONTENT: the proposed Regulation aims to establish general principles and uniform conditions for the exercise of the Union's rights to implement and enforce the Withdrawal Agreement and the Trade and Cooperation Agreement or any supplementary agreement. It also aims to empower the Commission to adopt the necessary measures, including, where appropriate, restrictions on trade, investment or other activities falling within the scope of the Trade and Cooperation Agreement.
  • These rights could be exercised through the suspension of preferential treatment for the product(s) concerned, remedial measures, rebalancing measures, countermeasures under the Trade and Cooperation Agreement, safeguard measures and measures restricting trade, investment or other activities listed in the proposal.
  • The implementing acts would be adopted by the Commission under the examination procedure, in accordance with the committee procedure. The Commission should adopt immediately applicable implementing acts where, in duly justified cases, imperative grounds of urgency so require for the appropriate protection of the Union’s interests.
  • The Commission should review the Regulation within five years of its entry into force in order to ascertain that it remains fit for purpose.
committees/0/rapporteur
  • name: KELLY Seán date: 2022-03-22T00:00:00 group: Group of European People's Party abbr: EPP
committees/5
type
Committee Opinion
body
EP
committee_full
Agriculture and Rural Development
committee
AGRI
associated
False