COUNCIL DECISION (EU) 2020/1599

of 23 October 2020

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) 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) 2020/135 (1) and entered into force on 1 February 2020.

(2) 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 the Protocol.

(3) 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), point (c), of the Withdrawal Agreement, to which it is to report.

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

(5) 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.

(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:

Article 1

The position to be adopted on the Union’s behalf in the working group established by Article 15(1) of the Protocol as regards the adoption of the rules of procedure of the working group pursuant to Article 15(6) thereof shall be based on the draft decision of the working group attached to this Decision.

Article 2

The decision of the working group shall be published in the

Official Journal of the European Union

Article 3

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

Done at Luxembourg, 23 October 2020.

For the Council

The President

S. SCHULZE

(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 (

OJ L 29, 31.1.2020, p. 1

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 Community (1) (the 'Withdrawal Agreement'), and in particular Article 15(6) of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement ('the Protocol'),

Whereas:

(1) 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.

(2) 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.

Article 2

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

Done at …,

For the Joint Consultative

Working Group

The Co-chairs

(1)

OJ L 29, 31.1.2020, p. 7

ANNEX

RULES OF PROCEDURE OF THE JOINT CONSULTATIVE WORKING GROUP

Rule 1

Chair

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.

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

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 designated alternates.

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

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

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

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

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

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.

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

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.

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.

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, 2 and 3.

Rule 8

Minutes

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.

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

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

Co-chairs may request the amendment of 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.

Once approved, electronic copies of the minutes shall be signed by the members of the Secretariat and transmitted to the Union and to 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

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 decisions by written communication through an exchange of electronic notes between the co-chairs. The Secretariat shall inform the parties of any such decisions by the co-chairs.

Rule 10

Confidentiality

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

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

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.