Proposal for a COUNCIL DECISION amending Decision (EU) 2019/274 on the signing, on behalf of the European Union and of the European Atomic Energy Community, 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
Date: 2020-01-17
Institutions: European Commission, UK Task Force
Subjects: EAEC, European arrest warrant, United Kingdom, agreement (EU), signature of an agreement, withdrawal from the EU

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   EUROPEAN COMMISSION  Brussels, 17.1.2020 COM(2020) 28 final 2020/0012 (NLE)  Proposal for a COUNCIL DECISION amending Decision (EU) 2019/274 on the signing, on behalf of the European Union and of the European Atomic Energy Community, 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 (Text with EEA relevance)  
 
 
EXPLANATORY MEMORANDUM 

On 29 March 2017, the United Kingdom notified the European Council pursuant to Article 50 
of the Treaty on European Union (TEU) of its intention to withdraw from the European Union 
and  from  the  European  Atomic  Energy  Community.  In  accordance  with  that  provision,  the 
European  Union  negotiated  with  the  United  Kingdom  an  agreement  setting  out  the 
arrangements for its withdrawal (hereinafter “the Withdrawal Agreement”), taking account of 
the framework for its future relationship with the Union.  

On 11 January 2019, the Council adopted Decision (EU) 2019/274 authorising the signature 
of the Withdrawal Agreement1 and transmitted the draft Council Decision on the conclusion 
of the Withdrawal Agreement to the European Parliament for its consent.  

However, the Government of the United Kingdom did not obtain the necessary support from 
its Parliament to proceed with the signature and ratification of the Withdrawal Agreement and 
requested  the  European  Council  to  extend  the  period  provided  in  Article  50(3)  TEU.  The 
European Council granted initially an extension until 12 April 20192. That period was further 
extended until 31 October 20193 and thereafter until 31 January 20204 

The third paragraph of Article 185 of the Withdrawal Agreement provides that, when making 
the written notification of the completion of its necessary internal procedures, the Union, in 
respect  of  any  Member  State  which  has  raised  reasons  related  to  fundamental  principles  of 
national law of that Member State, may declare that, during the transition period, in addition 
to  the  grounds  for  non-execution  of  a  European  arrest  warrant  referred  to  in  Council 
Framework Decision 2002/584/JHA5 the executing judicial authorities of that Member State 
may  refuse  to  surrender  its  nationals  to  the  United  Kingdom  pursuant  to  a  European  Arrest 
Warrant. Article 4 of Decision (EU) 2019/274 provides that those Member States that intend 
to avail themselves of the possibility provided for in the second paragraph of Article 185 of 
the Withdrawal Agreement are to inform the Commission and the General Secretariat of the 
Council of their intention to do so before 15 February 2019.6

Given the various extensions of the period under Article 50(3) TEU it is appropriate to set a 
new time limit within which Member States that intend to avail themselves of that possibility 
should inform the Commission and the General Secretariat of the Council thereof. 

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Council Decision (EU) 2019/274 of 11 January 2019 on the signing, on behalf of the European Union 
and  of  the  European  Atomic  Energy  Community,  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  (OJ  L  47I,  19.2.2019,  p.  1).  The  text  of  the  Withdrawal  Agreement  attached  to 
Decision (EU) 2019/274 was published in OJ C 66 I, 19.2.2019, p. 1. 
European Council Decision (EU) 2019/476 taken in agreement with the United Kingdom of 22 March 
2019 extending the period under Article 50(3) TEU (OJ L 80 I, 22.3.2019, p. 1). 
European Council Decision (EU) 2019/584 taken in agreement  with the United Kingdom of 11  April 
2019 extending the period under Article 50(3) TEU (OJ L 101, 11.4.2019, p. 1). 
European  Council  Decision  (EU)  2019/1810  taken  in  agreement  with  the  United  Kingdom  of  29 
October 2019 extending the period under Article 50(3)TEU, (OJ L 278I , 30.10.2019, p. 1). 
Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest  warrant and the 
surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1). 
Decision (EU) 2019/274 refers to the second paragraph of Article 185 of the Withdrawal Agreement as 
published in OJ C 66 I, 19.2.2019, p. 1. However, in the adapted Withdrawal Agreement, as published 
in OJ C 384 I, 12.11.2019, p. 1, the second paragraph has become the third paragraph. 

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It is therefore necessary to amend Decision (EU) 2019/274 on the signing of the Withdrawal 
Agreement accordingly.  

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2020/0012 (NLE) 

Proposal for a 

COUNCIL DECISION 

amending Decision (EU) 2019/274 on the signing, on behalf of the European Union and 
of the European Atomic Energy Community, 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 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union, and in particular Article 50 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

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On 11 January 2019, the Council adopted Decision (EU) 2019/2741 on the signing of 
the Withdrawal Agreement.  

By  Decision  (EU)  2019/4762,  the  European  Council,  in  agreement  with  the  United 
Kingdom, initially extended the period under Article 50(3) TEU until 12 April 2019. 
That  period  was  further  extended  until  31 October  2019  by  European  Council 
Decision (EU) 2019/5843, taken in agreement with the United Kingdom, and thereafter 
until  31  January  2020  by  European  Council  Decision  (EU)  2019/18104,  taken  in 
agreement with the United Kingdom.  

The  third  paragraph  of  Article  185  of  the  Withdrawal  Agreement,  as  adapted5  
provides that, when making the written notification of the completion of its necessary 
internal  procedures,  the  Union,  in  respect  of  any  Member  State  which  has  raised 
reasons  related to  fundamental  principles of national  law of that Member State, may 
declare that, during the transition period, in addition to the grounds for non-execution 
in  Council  Framework  Decision 
of  a  European  arrest  warrant  referred 

to 

Council Decision (EU) 2019/274 of 11 January 2019 on the signing, on behalf of the European Union 
and  of  the  European  Atomic  Energy  Community,  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 (OJ L 47I, 19.2.2019, p. 1).  
European Council Decision (EU) 2019/476 taken in agreement with the United Kingdom of 22 March 
2019 extending the period under Article 50(3)TEU (OJ L 80 I, 22.3.2019, p. 1). 
European Council Decision (EU) 2019/584 taken in agreement  with the United Kingdom of 11  April 
2019 extending the period under Article 50(3) TEU (OJ L 101, 11.4.2019, p. 1). 
European  Council  Decision  (EU)  2019/1810  taken  in  agreement  with  the  United  Kingdom  of  29 
October 2019 extending the period under Article 50(3)TEU, (OJ L 278 I, 30.10.2019, p. 1). 
The adapted version of the Withdrawal Agreement was published in OJ C 384 I, 12.11.2019, p. 1. 

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2002/584/JHA6, the executing judicial authorities of that Member State may refuse to 
surrender its nationals to the United Kingdom pursuant to a European Arrest Warrant. 
Pursuant to Article 4 of Decision (EU) 2019/274, those Member States that intend to 
avail themselves of the possibility provided for in the third paragraph of Article 185 of 
the Withdrawal Agreement are to inform the Commission and the General Secretariat 
of the Council of their intention to do so before 15 February 2019. 

(4) 

Given the various extensions of the period under Article 50(3) TEU, it is appropriate 
to amend Decision (EU) 2019/274 to set a new time limit within which Member States 
that intend to avail themselves of the possibility provided for in the third paragraph of 
Article 185 should inform the Commission and the General Secretariat of the Council 
thereof.  At  this  occasion,  it  is  appropriate  to  adapt  the  reference  to  the  relevant 
paragraph of Article 185 of the Withdrawal Agreement. 

(5) 

Decision (EU) 2019/274 should therefore be amended accordingly. 

(6) 

As provided for in Article 50(4) TEU, the United Kingdom has not taken part in the 
discussions of the Council concerning this decision or in its adoption, 

HAS ADOPTED THIS DECISION: 

Article 1 

Article 4 of Decision (EU) 2019/274 is replaced by the following: 

“Article 4 

Those  Member  States  that  intend  to  avail  themselves  of  the  possibility  provided  for  in  the 
third paragraph of Article 185 of the Agreement shall inform the Commission and the General 
Secretariat of the Council of their intention to do so before 28 January 2020.”. 

Article 2 

This Decision shall enter into force on the date of its adoption.  

Done at Brussels, 

For the Council 
The President 

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Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest  warrant and the 
surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1). 

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