DECISION No 6/2020 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 17 December 2020

providing for the practical working arrangements relating to the exercise of the rights of Union representatives referred to in Article 12(2) of the Protocol on Ireland/Northern Ireland [2020/2250]

THE JOINT COMMITTEE

Having regard to the Protocol on Ireland/Northern Ireland annexed 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, and in particular Article 12(3) thereof,

HAS ADOPTED THIS DECISION:

2. For the purposes of this Decision, “covered activities” means any activities of the authorities of the United Kingdom related to the implementation and application of provisions of Union law made applicable by the Protocol, as well as activities related to the implementation and application of Article 5 of the Protocol, including of Joint Committee decisions adopted thereunder, pursuant to Article 12(2) of the Protocol.

1. This Decision sets out the practical working arrangements relating to the exercise of the rights of Union, through its representatives, referred to in Article 12(2) of the Protocol on Ireland/Northern Ireland (‘the Protocol’).

Article 2

Union representatives

1. The Union shall ensure that its representatives exercising the rights under Article 12(2) of the Protocol act in good faith and closely cooperate with the authorities of the United Kingdom carrying out covered activities, and that they keep in close communication with them.

2. Union representatives exercising the rights under Article 12(2) of the Protocol shall not engage in any activities which do not relate to the exercise of those rights.

3. Union representatives shall take into account the guidance communicated to them by the authorities of the United Kingdom concerning their safety and the safety of others when exercising their right to be present. They shall respect any requirement lawfully imposed by the authorities of the United Kingdom responsible for law enforcement, subject to Title XII and Title XIII (Articles 120 and 121) of Part Three of the Withdrawal Agreement.

4. The Union shall ensure that its representatives may not disclose information of which they have knowledge by reason of exercising the rights under Article 12(2) of the Protocol other than to the institutions, bodies, offices and agencies of the Union as well as the authorities of the United Kingdom, unless they have been authorised by the competent institution, body, office or agency of the Union.

5. Union representatives have the right to be present during covered activities in the United Kingdom, including at all places where goods or animals enter or exit Northern Ireland though ports or airports. Union representatives may only access facilities referred to in Article 3(1) when the representatives of the authorities of the United Kingdom are present and using them for the purpose of carrying out covered activities, or when a facility is otherwise to be operational for that purpose. Union representatives may accompany any representatives of the authorities of the United Kingdom whenever the latter is carrying out any of the covered activities, including for inspections of sites other than those referred to in the previous sentence.

6. The United Kingdom shall facilitate the presence of the Union representatives exercising the rights under Article 12(2) of the Protocol and shall provide any equipment, amenities and other facilities, such as adequately equipped work stations and adequate IT connections, necessary to carry out their tasks.

7. The archives of the Union concerning any information related to any covered activities shall be inviolable.

8. Union representatives present in the United Kingdom shall not be hindered from moving freely in the United Kingdom for the purpose of exercising the rights under Article 12(2) of the Protocol.

9. When exercising the rights under Article 12(2) of the Protocol, Union representatives shall carry a photographic identification card certifying their name, function, and institution, body, office or agency of the Union. The Union shall issue such identification cards using a specimen which the Union shall share with the United Kingdom within one month of the entry into force of this Decision.

10. Upon arrival at the places where rights under Article 12(2) of the Protocol are exercised, the Union representative shall produce the identification card referred to in paragraph 9. Subject to paragraph 3, once duly identified, that Union representative shall immediately be granted access to the facility.

11. Union representatives shall be entitled to travel to the United Kingdom without prior notification or approval for the purpose of exercising the rights under Article 12(2) of the Protocol. They may travel to the United Kingdom using the laissez-passer issued by the Union.

12. Union representatives in the United Kingdom for the purpose of exercising the rights under Article 12(2) of the Protocol shall, together with their spouses and dependent members of their families, not be subject to immigration restrictions or to formalities for the registration of aliens.

13. While in the United Kingdom for the purpose of exercising the rights under Article 12(2) of the Protocol, Union representatives shall be accorded the same facilities in respect of currency or exchange regulations as are customarily accorded to officials of international organisations residing in the United Kingdom and shall be exempt from national taxation on their salaries, wages and emoluments paid by the Union or the member states. Such privileges and immunities from taxation shall not apply to a Union representative if they are a British national (other than a British national who is also a national of a Member State of the Union and not resident in the United Kingdom at the time of appointment) or a permanent resident of the United Kingdom.

14. While in the United Kingdom for the purpose of exercising the rights under Article 12(2) of the Protocol, Union representatives shall enjoy the right to import and re-export free of duty their furniture and effects, including motor vehicles.