Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Consultative Working Group 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 its rules of procedure
Date: 2020-10-08
Institutions: European Commission, UK Task Force
Subjects: EAEC, United Kingdom, agreement (EU), joint body (EU), rules of procedure, withdrawal from the EU

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   EUROPEAN COMMISSION  Brussels, 8.10.2020  COM(2020) 636 final 2020/0285 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Joint Consultative Working Group 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 its rules of procedure  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

The  Commission  proposes  that  the  Council  establishes  the  position  to  be  adopted  on  the 
Union's  behalf  in  the  Joint  Consultative  Working  Group  established  by  the  Protocol  on 
Ireland/Northern Ireland 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 (‘the Withdrawal Agreement’) on a  Joint Consultative Working Group decision 
to adopt its rules of procedure. 

2. 

2.1. 

CONTEXT OF THE PROPOSAL 

The Agreement on the withdrawal of the United Kingdom of Great Britain and 
Northern Ireland from the European Union and the European Atomic Energy 

The  Withdrawal  Agreement  sets  out  the  arrangements  for  the  orderly  withdrawal  of  the 
United  Kingdom  of  Great  Britain  and  Northern  Ireland  (‘United  Kingdom’)  from  the 
European  Union  (‘Union’)  and  the  European  Atomic  Energy  Community.  This  Agreement 
entered into force on 1 February 2020. 

2.2. 

The Joint Consultative Working Group  

The Joint Consultative Working Group (‘working group’) was established under Article 15(1) 
of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement (‘the Protocol’), to 
serve  as  a  forum  for  the  exchange  of  information  and  mutual  consultation  on  the 
implementation of the Protocol. 

The working group is composed of representatives of the Union and the United Kingdom and 
carries out its functions under the supervision of the Specialised Committee on issues related 
to  the  implementation  of  the  Protocol,  established  under  Article  165  of  the  Withdrawal 
Agreement, to which it reports. 

The working group has no power to take binding decisions other than the power to adopt its 
own rules of procedure. 

Within the working group: 

a)  the Union and the United Kingdom exchange, in a timely manner, information  about 
planned, ongoing and final relevant implementation measures in relation to the Union 
acts listed in the Annexes to the Protocol; 

b)  the Union informs the United Kingdom about planned Union acts within the scope of 
this Protocol, including Union acts that amend or replace the Union acts listed in the 
Annexes to the Protocol; 

c)  the  Union  provides  to  the  United  Kingdom  all  information  the  Union  considers 
relevant  to  allow the United Kingdom  to  fully  comply with  its obligations under the 
Protocol; and 

d)  the  United  Kingdom  provides  to  the  Union  all  information  that  Member  States  are 
required to provide to one another or to the institutions, bodies, offices or agencies of 
the Union pursuant to the Union acts listed in the Annexes to the Protocol. 

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The working group is co-chaired by the Union and the United Kingdom. The working group 
meets at least once a month as from the end of the transition period, unless otherwise decided 
by the Union and the United Kingdom  by mutual  consent.  Where necessary, the Union and 
the  United  Kingdom  may  exchange  information  referred  to  in  points  (c)  and  (d)  above 
between meetings. 

The Union ensures that all views expressed by the United Kingdom in the working group and 
all  information  provided  by  the  United  Kingdom  in  the  working  group,  including  technical 
and scientific data, are communicated to the relevant institutions, bodies, offices and agencies 
of the Union without undue delay. 

2.3. 

The envisaged decision of the working group 

Pursuant  to  Article  15(6)  of  the  Protocol,  the  working  group  shall  adopt  its  own  rules  of 
procedure by mutual consent. 

The purpose of the envisaged decision for which the Union’s position should be established is 
for the working group to adopt its rules of procedure.  

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The  proper  functioning  of  the  working  group  requires  rules  of  procedure  covering,  among 
others,  the  designation  of  the  co-chairs,  the  composition  of  the  secretariat,  the  exchange  of 
information regarding the composition of the delegations, the place where the meeting should 
take place, the handling of documents and correspondence, the drawing up of the agenda and 
the  minutes,  the  confidentiality  and  the  working  language  of  the  meeting,  as  well  as  the 
expenses to be borne by the delegations.  

In  view  of  the  purpose  and  composition  of  the  working  group  and  its  relation  with  the 
Specialised  Committee  on  issues  related  to  the  implementation  of  the  Protocol,  these  rules 
should be similar, to the extent possible, to the rules of procedure provided for in Annex VIII 
to the Withdrawal Agreement as regards the Specialised Committees established under Article 
165 of the Withdrawal Agreement. 

The  position  of  the  Union  should  therefore  be  to  support  the  adoption  of  a  decision  by  the 
working group pursuant to Article 15(6) of the Protocol establishing such rules of procedure 
to govern its work, in line with the draft decision attached to this proposal. 

4. 

LEGAL BASIS 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
Council decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set 
up by an agreement, when that body is called upon to adopt acts having legal effects, with the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

The decision, which the working group is called upon to adopt, constitutes an act having legal 
effects.  

The  envisaged  act  does  not  supplement  or  amend  the  institutional  framework  of  the 
Withdrawal Agreement.  

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

The sole objective and content of the envisaged act relates to establishing the Union’s position 
on the rules of procedure of a body established under the Withdrawal Agreement, and which 
pursuant  to  that  same  agreement,  shall  adopt  its own  rules  of  procedure  by  mutual  consent. 

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The  conclusion  of  the  Agreement  was  based  on  Article  50(2)  of  the  Treaty  on  European 
Union.  

The  legal  basis  of  the  proposed  decision  should  therefore  be  Article  50(2)  of  the  Treaty  on 
European Union, in conjunction with Article 218(9) TFEU.  

5. 

PUBLICATION OF THE ENVISAGED ACT 

As  the  purpose  of  the  decision  of  the  working  group  is  to  adopt  its  rules  of  procedure, 
similarly  to  rules  of  procedure  of  the  Joint  Committee  and  the  Specialised  Committees 
provided  for  in  the  Withdrawal  Agreement,  it  is  appropriate  to  publish  the  decision  of  the 
working  group,  including  the  rules  of  procedure,  in  the  Official  Journal  of  the  European 
Union after its adoption. 

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2020/0285 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the Joint Consultative 
Working Group 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 its rules of procedure 

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) 

(2) 

(3) 

(4) 

(5) 

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 Council Decision (EU) 
2020/1351 and entered into force on 1 February 2020. 

The  Joint  Consultative  Working  Group  (the  ‘working  group’)  was  established  by 
Article  15(1)  of  the  Protocol  on  Ireland/Northern  Ireland  to  the  Withdrawal 
Agreement (‘the Protocol’), to serve as a forum for the exchange of information and 
mutual consultation on the implementation of that Protocol. 

Pursuant  to  Article  15(2)  of  the  Protocol,  the  working  group  is  to  be  composed  of 
representatives of the Union and the United Kingdom and is to carry out its functions 
under  the  supervision  of  the  Specialised  Committee  on  issues  related  to  the 
implementation  of  the  Protocol,  established  by  Article  165(1)(c)  of  the  Withdrawal 
Agreement, to which it should report. 

Pursuant  to  Article  15(6)  of  the  Protocol,  the  working  group  adopts  its own  rules  of 
procedure by mutual consent. 

In view of the purpose and composition of the working group and its relation with the 
Specialised  Committee  on  issues  related  to  the  implementation  of  the  Protocol,  the 
rules of procedure should be similar to the rules of procedure provided for in Annex 
VIII to the Withdrawal Agreement as regards the Specialised Committees established 
by Article 165(1) of the Withdrawal Agreement. 

(6) 

It is therefore appropriate to establish the position to be taken on the Union's behalf in 
the working group. 

1 

Council  Decision  (EU)  2020/135  of  30  January  2020  on  the  conclusion  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) (OJ L 29, 31.1.2020, p.1). 

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(7) 

In  order  to  allow  for  the  prompt  application  of  the  measures  provided  for  in  this 
Decision, this Decision should enter into force on the date of its adoption, 

HAS ADOPTED THIS DECISION: 

The position to be adopted on the Union's behalf in the working group established by Article 
15(1) of the Protocol, on a decision to be taken in accordance with Article 15(6) thereof, shall 
be based on the draft decision of the working group attached to this Decision. 

Article 1 

The decision of the working group shall be published in the Official Journal of the European 
Union.  

Article 2 

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

Done at Brussels, 

Article 3 

For the Council 
The President 

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ANNEX  

Decision No …/2020 of the Joint Consultative Working Group 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 … 

adopting its rules of procedure  

THE JOINT CONSULTATIVE WORKING GROUP, 

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 
Community2 (the ‘Withdrawal Agreement’), and in particular Article 15(6) of the Protocol on 
Ireland/Northern Ireland to the Withdrawal Agreement (‘the Protocol’), 

Whereas: 

(1) 

(2) 

Pursuant to Article 15(6) of the Protocol, the Joint Consultative Working Group (the 
‘working group’) is to adopt its own rules of procedure by mutual consent.  

In view of the purpose and composition  of the working  group and its relation with 
the  Specialised  Committee  on  issues  related  to  the  implementation  of  the  Protocol, 
the  rules  of  procedure  of  the  working  group  should  be  similar  to  the  rules  of 
procedure provided  for in Annex VIII to  the Withdrawal  Agreement  as regards the 
Specialised Committees established under Article 165 of the Withdrawal Agreement,  

HAS ADOPTED THIS DECISION: 

Article 1 

The  work  of  the  Joint  Consultative  Working  Group  established  by  Article  15(1)  of  the 
Protocol on Ireland/Northern Ireland to the Withdrawal Agreement shall be governed by the 
rules of procedure set out in the Annex to this Decision.  

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

Done at …, 

Article 2 

For the Joint Consultative Working Group  

The Co-chairs 

2 

OJ L 29, 31.1.2020, p.7. 

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RULES OF PROCEDURE OF THE JOINT CONSULTATIVE WORKING GROUP 

ANNEX 

Rule 1 

Chair 

1. 

The Joint Consultative Working Group (the “working group”) shall be co-chaired by a 
representative  designated  by  the  European  Commission  and  by  a  representative 
designated  by  the  Government  of  the  United  Kingdom.  The  European  Union  and  the 
United Kingdom shall notify each other in writing of the designated representatives. 

2.  A  co-chair  who  is  unable  to  attend  a  meeting  may  be  replaced  for  that  meeting  by  a 
designated  alternate.  An  alternate  designated  by  the  European  Commission  or  an 
alternate designated by the Government of the United Kingdom shall inform the other 
co-chair and the Secretariat of the working group in writing of the designation as early 
as possible. 

3. 

The designated alternate of the co-chair shall exercise the rights of that co-chair to the 
extent  of  the  designation.  Any  reference  in  these  Rules  of  Procedure  to  the  co-chairs 
shall be understood to include a designated alternate. 

Rule 2 

Secretariat 

The Secretariat  of the working  group (the "Secretariat") shall be composed of an official of 
the  European  Commission  and  an  official  of  the  Government  of  the  United  Kingdom.  The 
Secretariat  shall,  under  the  authority  of  the  co-chairs,  perform  the  tasks  conferred  on  it  by 
these Rules of Procedure. 

Rule 3 

Participation in meetings 

1. 

Before  each  meeting,  the  Union  and  the  United  Kingdom  shall  inform  each  other 
through the Secretariat of the intended composition of the delegations. 

2.  Where  appropriate  and  by  decision  of  the  co-chairs,  experts  or  other  persons  who  are 
not members of delegations may be invited to attend meetings of the working group in 
order to provide information on a particular subject. 

Rule 4 

Meetings 

1. 

The  working  group  shall  hold  its  meetings  alternately  in  Brussels  and  the  United 
Kingdom, unless the co-chairs decide otherwise. 

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2. 

3. 

By way of derogation from paragraph 1, the co-chairs may decide that a meeting of the 
working group be held by videoconference or teleconference. 

Each meeting of the working group shall be convened by the Secretariat at a date and 
place  decided  by  the  co-chairs.  Where  either  the  Union  or  the  United  Kingdom  has 
made a request for a meeting, the working group shall endeavour to meet within 15 days 
of such request. In cases of urgency it shall endeavour to meet sooner. 

Rule 5 

Documents 

Written documents exchanged formally  within the working group, whether at or in between 
meetings,  shall  be  numbered  and  circulated  to  the  Union  and  the  United  Kingdom  by  the 
Secretariat as documents of the working group. 

Rule 6 

Correspondence 

1. 

2. 

The  Union  and  the  United  Kingdom  shall  send  their  correspondence  addressed  to  the 
working  group  to  the  Secretariat.  Such  correspondence  may  be  sent  in  any  form  of 
written communication, including by electronic mail. 

The  Secretariat  shall  ensure  that  correspondence  addressed  to  the  working  group  is 
forwarded to the co-chairs and is circulated, where appropriate, in accordance with Rule 
5. 

3.  All correspondence from or addressed directly to the co-chairs shall be forwarded to the 
Secretariat and shall be circulated, where appropriate, in accordance with Rule 5. 

Rule 7 

Agenda for the meetings 

1. 

2. 

For each meeting a draft provisional agenda shall be drawn up by the Secretariat. It shall 
be  transmitted,  together  with  the  relevant  documents,  to  the  co-chairs  no  later  than  5 
days before the date of the meeting. 

The provisional agenda shall include those items, the inclusion of which in the agenda 
has  been  requested  by  the  Union  or  the  United  Kingdom.  Any  such  request,  together 
with  any  relevant  document,  shall be submitted to  the Secretariat  no later than 7 days 
before the beginning of the meeting. 

3.  No  later  than  3  days  before  the  date  of  the  meeting,  the  co-chairs  shall  decide  on  the 
provisional agenda for a meeting. They may decide to make that provisional agenda, or 
any part thereof, public before the beginning of the meeting. 

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4. 

5. 

The agenda shall be adopted by the working group at the beginning of each meeting. On 
request  by the Union or the United Kingdom  an  item  other than those included in  the 
provisional agenda may be included in the agenda by decision of the working group. 

The co-chairs may decide to derogate from the time limits specified in paragraphs 1 to 
3. 

Rule 8 

Minutes 

1.  Draft minutes of each meeting shall be drawn up by the Secretariat, within 5 days from 
the end of the meeting, unless the co-chairs decide otherwise. The Secretariat shall also 
prepare a summary of the minutes. 

2. 

The  minutes  shall,  as  a  rule,  summarise  each  item  on  the  agenda,  specifying  where 
applicable: 

(a) 

the documents submitted to the working group; 

(b) 

any statement that one of the co-chairs requested to be entered in the minutes; and 

(c) 

and operational conclusions adopted on specific items. 

3. 

4. 

The minutes shall include a list of the names, titles and capacity of all individuals who 
attended the meeting. 

Co-chairs may request an amendment to the draft minutes or summary within 5 days of 
their  circulation  by  the  Secretariat  in  accordance  with  paragraph  1.  The  minutes  and 
summary shall be considered as approved by the co-chairs upon expiry of that period if 
no amendments were requested. If a co-chair requests an amendment within that period, 
the minutes and summary  shall be considered as approved once the other co-chair has 
agreed to the requested amendment.  

5.  Once approved, electronic copies of the minutes shall be signed by the members of the 
Secretariat  and  transmitted  to  the  Union  and  the  United  Kingdom,  as  well  as  to  the 
Specialised  Committee  on  issues  related  to  the  implementation  of  the  Protocol  on 
Ireland / Northern Ireland. The co-chairs may then decide to make the summary of the 
minutes public. 

Rule 9 

Decisions  

1. 

2. 

The decisions of the co-chairs provided for by these rules of procedure shall be taken by 
mutual consent. 

In  the  period  between  meetings,  the  co-chairs  may  take  such  decisions  by  written 
communication  through  an  exchange  of  electronic  notes  between  the  co-chairs.  The 
Secretariat shall inform the parties of any such decisions of the co-chairs. 

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Rule 10 

Confidentiality 

1.  Unless otherwise decided by the co-chairs, the meetings of the working group shall be 

confidential. 

2.  Where  the  Union  or  the  United  Kingdom  submits  information  considered  as 
confidential or protected from disclosure under its laws and regulations to the working 
group, the other party shall treat that information received as confidential. 

Rule 11 

Working language 

The  working  language  of  the  working  group  shall  be  English.  Unless  otherwise  decided  by 
the  co-chairs,  the  working  group  shall  base  its  deliberations  on  documents  prepared  in 
English. 

Rule 12 

Expenses 

1. 

2. 

3. 

1. 

2. 

The Union and the United Kingdom shall each meet any expenses they incur as a result 
of participating in the meetings of the working group. 

Expenditure  in  connection  with  the  organisation  of  meetings  and  reproduction  of 
documents shall be borne by the Union for meetings held in Brussels, and by the United 
Kingdom for meetings held in the United Kingdom. 

Expenditure in connection with interpretation to and from the working language of the 
working group at meetings shall be borne by the party requesting such interpretation. 

Rule 13 

Annual report to the Specialised Committee  

The Secretariat shall draw up a report on the work of the working group each calendar 
year. The report shall be drawn up by 1 February of the following year.  

Each  report  shall  be  adopted  and  signed  by  the  co-chairs  and  shall  be  sent  to  the 
Specialised  Committee  on  issues  related  to  the  implementation  of  the  Protocol  on 
Ireland / Northern Ireland immediately after the signature. 

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