COUNCIL DECISION (EU) 2023/1494

of 26 June 2023

on the position to be taken on behalf of the European Union within 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 as regards the adoption of a decision to amend Part I of Annex I to that Agreement

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) 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 (1) (the ‘Withdrawal Agreement’) was concluded by the Union by means of Council Decision (EU) 2020/135 (2) and entered into force on 1 February 2020.

(2) Pursuant to Article 36(4) of the Withdrawal Agreement, the Joint Committee shall adopt decisions to amend Part I of Annex I to the Withdrawal Agreement to reflect any new Decision or Recommendation approved by the Administrative Commission for the Coordination of Social Security Systems.

(3) The Joint Committee, during its next meeting, is to adopt a decision pursuant to Article 36(4) of the Withdrawal Agreement to amend Part I of Annex I thereto to add two new Decisions approved by the Administrative Commission for the Coordination of Social Security Systems to the list set out therein and to delete from that list three Decisions that have been replaced by the two new Decisions.

(4) It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee as regards the adoption of a decision to amend Part I of Annex I to the Withdrawal Agreement, which decision will be binding on the Union,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on behalf of the European Union within the Joint Committee established by Article 164(1) of the Withdrawal Agreement as regards the adoption of a decision to amend Part I of Annex I to the Withdrawal Agreement is set out in the draft decision of the Joint Committee attached to this Decision.

Article 2

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

Done at Luxembourg, 26 June 2023.

For the Council

The President

J. BORRELL FONTELLES

(1)  

OJ L 29, 31.1.2020, p. 7

.

(2)  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 (

OJ L 29, 31.1.2020, p. 1

).

DRAFT

DECISION No …/2023 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 …

amending Part I of Annex I 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 JOINT COMMITTEE,

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 Community (1) (the ‘Withdrawal Agreement’), and in particular Article 36(4) thereof,

Whereas:

(1) Article 36(4) of the Withdrawal Agreement empowers the Joint Committee established under Article 164(1) thereof (the ‘Joint Committee’) to adopt decisions amending Part I of Annex I to that Agreement, to reflect any new Decision or Recommendation approved by the Administrative Commission for the Coordination of Social Security Systems. Pursuant to Article 166(2) of the Withdrawal Agreement, the decisions adopted by the Joint Committee are binding on the Union and the United Kingdom. The Union and the United Kingdom must implement such decisions, which shall have the same legal effect as the Withdrawal Agreement.

(2) In the interest of legal certainty, Part I of Annex I to the Withdrawal Agreement should be amended by adding two decisions of the Administrative Commission for the Coordination of Social Security Systems and by deleting three decisions which were replaced by the two new decisions,

HAS ADOPTED THIS DECISION:

Article 1

The Withdrawal Agreement shall be amended as follows:

(1) In Part I of Annex I to the Withdrawal Agreement, Decision No H12 of 19 October 2021 concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (2) shall be added under ‘Horizontal issues (H series)’;

(2) In Part I of Annex I to the Withdrawal Agreement, Decision No H13 of 30 March 2022 concerning the composition and working methods of the Audit Board of the Administrative Commission for the Coordination of Social Security Systems (3)shall be added under ‘Horizontal issues (H series)’;

(3) In Part I of Annex I to the Withdrawal Agreement, the following acts shall be deleted:

(a) Decision No H3 of 15 October 2009 concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (4), as amended by Decision No H7 of 25 June 2015 on the revision of the Decision No H3 concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (5), which is replaced by Decision No H12 of 19 October 2021 concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of Regulation (EC) No 987/2009 of the European Parliament and of the Council;

(b) Decision No H4 of 22 December 2009 concerning the composition and working methods of the Audit Board of the Administrative Commission for the Coordination of Social Security Systems (6), which is replaced by Decision No H13 of 30 March 2022 concerning the composition and working methods of the Audit Board of the Administrative Commission for the Coordination of Social Security Systems;

(c) Decision No H7 of 25 June 2015 on the revision of the Decision No H3 concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of Regulation (EC) No 987/2009 of the European Parliament and of the Councilwhich is replaced by Decision No H12 of 19 October 2021 concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of Regulation (EC) No 987/2009 of the European Parliament and of the Council.

Article 2

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

Done at …,

For the Joint Committee

The Co-chairs

(1)  

OJ L 29, 31.1.2020, p. 7

.

(2)  

OJ C 93, 28.2.2022, p. 6

.

(3)  

OJ C 305, 10.8.2022, p. 4

.

(4)  

OJ C 106, 24.4.2010, p. 56

.

(5)  

OJ C 52, 11.2.2016, p. 13

.

(6)  

OJ C 107, 27.4.2010, p. 3

.