Council Decision (EU) 2025/1302 of 17 June 2025 establishing the position to be taken on behalf of the European Union in the Partnership Council established by 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, as regards decision No 2/2025 of the Partnership Council
Date: 2025-06-17
Institutions: Council of the European Union
Subjects: United Kingdom, application of EU law, climate change policy, cooperation agreement (EU), energy cooperation, energy policy, interpretation of the law, raw material, security of supply, trade agreement (EU)




L_202501302EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2025/1302


2.7.2025







            COUNCIL DECISION (EU) 2025/1302
         
of 17 June 2025
         
establishing the position to be taken on behalf of the European Union in the Partnership Council established by 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, as regards decision No 2/2025 of the Partnership Council


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) thereof, in conjunction with Article 218(9) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


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 ‘Trade and Cooperation Agreement’ or ‘the Agreement’) was concluded by the Union by means of Council Decision (EU) 2021/689 (1) and entered into force on 1 May 2021, having been provisionally applied since 1 January 2021.












(2)


Pursuant to Article 519(b) of the Trade and Cooperation Agreement, the Partnership Council established under the Agreement may adopt decisions to issue interpretations of the provisions of Part Two of the Agreement.












(3)


In accordance with Article 331(2) of the Agreement, between 1 July 2026 and 31 December 2026, the Partnership Council may decide to extend the application of Title VIII until 31 March 2027.












(4)


The Partnership Council is to adopt at its next meeting or by written procedure a decision interpreting and implementing Article 331(2) of the Trade and Cooperation Agreement.












(5)


It is appropriate to establish the position to be taken on the Union’s behalf in the Partnership Council as regards the interpretation and implementation of Article 331(2) of the Trade and Cooperation Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The position to be taken on the Union’s behalf in the Partnership Council established by 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, as regards the interpretation and implementation of Article 331(2) of that Agreement is set out in the draft decision of the Partnership Council attached to this Decision.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 17 June 2025.


For the Council


The President

P. HENNIG-KLOSKA
            





(1)  Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, 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, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (OJ L 149, 30.4.2021, p. 2, ELI: http://data.europa.eu/eli/dec/2021/689/oj).





DRAFT
DECISION No 2/2025 OF THE PARTNERSHIP COUNCIL ESTABLISHED BY 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
of …
issuing an interpretation of Article 331(2) and extending the application of Part Two, Heading One, Title VIII on energy, 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 PARTNERSHIP COUNCIL,

Having regard to 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 Agreement’), and in particular Article 519(b) and Article 331(2) thereof,

Whereas:







(1)


In accordance with Article 331(1) of the Trade and Cooperation Agreement, Part Two, Heading One, Title VIII of that Agreement (‘Title VIII’) shall cease to apply on 30 June 2026.












(2)


In accordance with Article 331(2) of the Agreement, between 1 July 2026 and 31 December 2026, the Partnership Council may decide to extend the application of Title VIII until 31 March 2027.












(3)


A situation in which the Partnership Council could adopt a decision on the extension of the application of Title VIII only once Title VIII has already ceased to apply could lead to an interruption to the application of Title VIII, and therefore to uncertainty as regards the legal framework applicable to trade and investment between the European Union and the United Kingdom in the areas of energy and raw materials.












(4)


To provide for legal certainty and predictability, it is therefore appropriate to adopt a decision interpreting Article 331(2) of the Agreement to the effect that a decision of the Partnership Council on the extension of the application of Title VIII until 31 March 2027 can be adopted before 1 July 2026, provided that it takes effect only as of 1 July 2026.












(5)


The objectives of the Title VIII are to facilitate trade and investment between the European Union and the United Kingdom in the areas of energy and raw materials, and to support security of supply and environmental sustainability, notably in contributing to the fight against climate change in those areas.












(6)


To achieve the objectives of Title VIII, it is opportune for both the European Union and the United Kingdom to continue their cooperation on energy through the application of the Title VIII.












(7)


Energy stakeholders should be provided with a stable and predictable legal framework concerning the continuation of such cooperation which facilitates business and ensures market stability.












(8)


It is therefore appropriate to adopt a decision on the application of the Title VIII until 31 March 2027,





HAS ADOPTED THIS DECISION:



Article 1
Article 331(2) of the Trade and Cooperation Agreement shall be interpreted to the effect that a decision on the extension of the application of Part Two, Heading One, Title VIII of the Trade and Cooperation Agreement until 31 March 2027 can be adopted before 1 July 2026, provided that it takes effect only as of 1 July 2026.


Article 2
The application of Part Two, Heading One, Title VIII of the Trade and Cooperation Agreement shall be extended until 31 March 2027.


Article 3
This Decision shall enter into force on the day of its adoption.
Article 2 shall take effect on 1 July 2026.




Done at Brussels and London, … 2025


For the Partnership Council


The Co-Chairs


Maroš ŠEFČOVIČ
               


Nick THOMAS-SYMONDS
               







ELI: http://data.europa.eu/eli/dec/2025/1302/oj
ISSN 1977-0677 (electronic edition)