Report from the Secretariat to the Joint Committee on the execution 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 (the Withdrawal Agreement) for the fiscal year 2021.
Introduction
1. The Withdrawal Agreement (Article 164) developed a Joint Committee to monitor and assist in the execution and application of the Agreement. The Withdrawal Agreement needs the Joint Committee to release a yearly report, prepared by the Secretariat [footnote 1], each fiscal year. This report is offered pursuant to Article 164(6).
2. The Withdrawal Agreement (Article 164(2)) needs the Joint Committee to fulfill a minimum of when a year. In 2021, the Joint Committee satisfied two times, on 24 February and on 9 June. Meeting were kept in a combined in-person/video conference format, due to the COVID-19 pandemic.
3. In addition, the 6 Specialised Committees developed by the Withdrawal Agreement [footnote 2] satisfied on the following dates in 2021:
- the Committee on residents’ rights: 23 February, 28 April, 17 June and 16 September
- the Committee on the other separation arrangements: co-chairs concurred not to fulfill in 2021
- the Committee on concerns associated with the execution of the Protocol on Ireland/Northern Ireland: 23 February, 26 March, 19 July and 24 September
- the Committee on concerns associated with the execution of the Protocol associating with the Sovereign Base Areas in Cyprus: co-chairs concurred not to fulfill in 2021
- the Committee on concerns associated with the execution of the Protocol on Gibraltar: 16 April
- the Committee on the monetary arrangements: 26 April and 12 November
4. Moreover, aside from the official conferences of the Withdrawal Agreement joint bodies, the EU and UK co-chairs of the Joint Committee held various virtual and in-person conferences throughout 2021 concerning the execution of the Withdrawal Agreement consisting of the Protocol on Ireland / Northern Ireland.
5. This report supplies an introduction of Withdrawal Agreement activity from 1 January 2021 to 31 December 2021. There are 2 areas: (1) Withdrawal Agreement Joint Committee activity in 2021 and (2) Withdrawal Agreement Specialised Committee activity in 2021. The report likewise consists of a list of the joint and unilateral press declarations following each conference of the Joint Committee in 2021 in the annex.
Section 1: Withdrawal Agreement Joint Committee activity in 2021
6. The EU hosted the 7th conference of the Joint Committee in Brussels, in addition to by video conference, on 24 February. The Joint Committee carried out a stocktake of Specialised Committees’ activity. Concerning the Protocol on Ireland/Northern Ireland, the Joint Committee analyzed its operation and of work to discover practical options to the concerns that had actually developed in its operation. The celebrations acknowledged the value of joint action to make the Protocol work for the advantage of everybody in Northern Ireland, consisting of through more joint engagement with business groups and other stakeholders in Northern Ireland. The Joint Committee likewise went over residents’ rights where the celebrations invited the useful engagement to deal with concerns on residents’ rights considering that completion of the shift duration (31 December 2020), keeping in mind the requirement to deal with these concerns and worried the value of interaction and assistance to susceptible residents.
7. The UK hosted the 8th conference of the Joint Committee in London, in addition to by video conference, on 9 June. The Joint Committee carried out a stocktake of Specialised Committees’ activity considering that its previous conference, went over the operation of the Protocol on Ireland/Northern Ireland and residents’ rights and embraced and signed the 2020 Withdrawal Agreement Annual Report. On the Protocol on Ireland / Northern Ireland, the Joint Committee likewise assessed joint UK-EU engagement with businesses and civil society considering that its last conference and talked about possible options to exceptional concerns. On residents’ rights, the Joint Committee went over the approaching due date of 30 June 2021 by which residence applications were to be made by EU residents in the UK, and UK nationals in a number of EU Member States. The UK’s EU Settlement Scheme was likewise talked about where the EU raised the problem of the loss of residence status if EU residents do not use in time to alter their status from pre-settled to settled and the absence of legal clearness for EU residents holding a brand-new UK residence status regarding whether their rights are ensured by the Withdrawal Agreement or by the UK migration law. The UK set out the continued success of the execution of its EU Settlement Scheme where over 5 million applications by EU-citizens in the UK had actually been concluded. The UK registered its issue at the troubles come across by UK nationals attempting to gain access to advantages and services in some Member States and the problem of some Member States requesting for extra files to offer evidence of status which are not needed. Both celebrations highlighted their decision to appreciate the rights of EU residents and UK nationals and accepted make sure that all exceptional concerns are fixed quickly.
Section 2: Withdrawal Agreement Specialised Committees activity in 2021
8. The Specialised Committee on residents’ rights has an essential function in making sure that UK nationals in the EU and EU residents in the UK and their member of the family are managed their rights and privileges as set out in the Withdrawal Agreement. The Specialised Committee satisfied 4 times in 2021.
9. The UK’s Independent Monitoring Authority, developed in accordance with Article 159 of the Withdrawal Agreement, used up its work and kept an eye on the UK’s execution and application of Part Two (‘Citizens’ Rights’) of the Withdrawal Agreement.
10. In the Specialised Committee conference on 23 February, the Independent Monitoring Authority upgraded the Committee on beginning its activity on keeping track of the application of residents’ rights in the UK. In the conference of 17 June, the civil society organisations ‘British in Europe’ and ‘the3million’ were welcomed to offer statement on practical execution concerns.
11. Throughout 2021, the Specialised Committee got updates on the execution of Part Two of the Withdrawal Agreement in the UK and the EU, consisting of the UK’s EU Settlement Scheme, the residence system and the due dates for applications for a brand-new residence status in EU Member States that have actually selected a constitutive system under Article 18(1) of the Withdrawal Agreement.
12. The Specialised Committee worked as a collective online forum enabling both Parties to signal practical and legal troubles come across by their nationals that may trigger real-life troubles, significantly around residence status and access to numerous advantages. Communication and info projects released by the European Commission, the EU Member States and the UK, with specific regard to mobilising individuals and connecting to the susceptible were talked about frequently.
13. The Specialised Committee ready 3 joint reports on the execution of residents’ rights (the 3rd [footnote 3], fourth [footnote 4] and 5th [footnote 5] respectively) which were released by the EU and the UK on 28 May, 29 June and 22 September 2021. The Joint Reports were released up until the expiration of the last due date for applications for a brand-new residence status in nations that have actually selected a constitutive system under Article 18(1) of the Withdrawal Agreement. The last due date ended on 31 December 2021. The reports offer info on administrative treatments, interaction and assistance offered by the UK and the EU and its Member States in relation to the issuance of residence files under Article 18 of the Withdrawal Agreement. The reports likewise offer analytical tables on the variety of applications for a brand-new residence status under Article 18(1) and the issuance of brand-new residence files under Article 18(4) by result.
14. The Specialised Committee on the other separation arrangements co-chairs concurred not to fulfill in 2021. The co-chairs had a conference in December 2021 and analyzed the state of play on the execution of Part Three (‘Separation Provisions’) of the Withdrawal Agreement. The execution of this Part continues with any staying concerns being resolved at technical level.
15. The Specialised Committee on concerns associated with the execution of the Protocol on Ireland / Northern Ireland satisfied 4 times in 2021. The Parties exchanged updates on the operation of the Protocol and analyzed the exceptional concerns. Additionally, the Parties exchanged updates on the work of the Joint Consultative Working Group (JCWG) and engagement with stakeholders in Northern Ireland.
16. During the conference on 23 February, the Specialised Committee thought about the difficulties positioned by the end of the shift duration. The Specialised Committee likewise went over exceptional concerns and possible options, in specific concerning: customizeds; hygienic and phytosanitary (SPS) controls; supply of medications to Northern Ireland; tariff rate quotas suitable in Northern Ireland; and pet travel from Great Britain to Northern Ireland. The Specialised Committee likewise kept in mind that the JCWG Rules of Procedure were embraced on 29 January.
17. During the conference on 26 March, the Specialised Committee set out a joint list of exceptional concerns throughout the locations of SPS, customizeds, indirect tax and worldwide trade. Both sides restated the requirement to discover options.
18. During the conference on 19 July, the Specialised Committee analyzed the joint list of exceptional concerns developed in the previous conference, with a concentrate on SPS concerns, medications, customizeds, EU access to UK IT systems, trade concerns and barrel on pre-owned automobiles moved from Great Britain to Northern Ireland. The Specialised Committee likewise bore in mind of the extension of the grace duration for cooled meats moved from Great Britain to Northern Ireland in addition to the European Commission’s recommended method forward on medications.
19. During the conference on 24 September, the Specialised Committee talked about updates on the exceptional concerns consisting of EU access to UK IT systems. The EU co-chair offered an update on the versatilities that the EU had actually recognized to resolve the concerns the UK had actually raised worrying the motions of live animals from Great Britain to Northern Ireland. The EU co-chair likewise raised issues around centers for SPS main controls at points of entry into Northern Ireland. The UK co-chair specified the UK federal government’s view that in spite of the comprehensive actions taken by the UK to run the Protocol, it was not operating in its existing form and substantial modification was required. The EU Co-Chair explained that the EU would not renegotiate the Protocol however stood all set to determine practical options to reality issues in the operation in Northern Ireland. The Specialised Committee likewise analyzed the work of the JCWG.
20. In addition to the 4 conferences of the Specialised Committee, the co-chairs held round tables with business and civil society agents from Northern Ireland on 23 April.
21. Throughout 2021, technical conversations occurred in between the conferences of the Specialised Committee. These conversations concentrated on the list of exceptional concerns concurred in the Specialised Committee of 26 March, in addition to other concerns recognized.
22. Aside from the Specialised Committee conferences, a variety of substantial advancements worrying the application of the Protocol on Ireland / Northern Ireland occurred in 2021.
a. Following casual conversations on 29 January 2021, the co-chairs of the Joint Committee satisfied officially on 3 February 2021 and 11 February 2021 to think about exceptional concerns on the Protocol on Northern Ireland/Ireland, and to get ready for the Joint Committee conference hung on 24 February 2021. Following frank however useful conversations, they identified to work intensively to discover options to exceptional concerns that were practical on the ground.
b. On 2 March 2021, the UK Government specified its objective to unilaterally extend the grace durations in location worrying the motion of products and family pet travel from Great Britain to Northern Ireland in order to assist in the circulation of products in between Great Britain and Northern Ireland. In a declaration on the exact same day, the European Commission Vice-President and EU co-chair of the Joint Committee revealed the EU’s strong issues over the UK’s unilateral action.
c. In action to the UK’s unilateral action, the European Commission sent a letter of official notification to the UK Government on 15 March. This marked the launch of official legal procedures versus the UK under Article 12(4) of the Protocol, in combination with Article 258 of the Treaty on the Functioning of the European Union. Additionally, on the exact same day, Vice-President and EU co-chair Šefčovič sent a political letter to Minister of State and UK co-chair Lord Frost, in action to the UK Government’s declarations and assistance released on 3 and 4 March. The UK Government reacted to the letter of official notification on 14 May.
d. On 17 June, the UK Government sent a letter proposing to extend the method on cooled meat set out in its unilateral statement of 17 December 2020 for 3 more months (up until 30 September 2021). On 30 June, the UK Government made an official unilateral statement to the exact same impact. On the exact same day, in a different unilateral declaration, the EU bore in mind of the UK’s statement.
e. On 30 June, the European Commission revealed a package of proposed options recognized to address:
i. The continued long term supply of medications from Great Britain to Northern Ireland
ii. The crossing from Great Britain into Northern Ireland of guide dogs
iii. A waiver of the responsibility to reveal the motor insurance coverage permit when showing up from Great Britain; and
iv. The motion of specific animals. To that impact it remembered the EU legislation embraced on 29 June 2021 to assist in the motion of live animals by eliminating the requirement for re-tagging when animals move several times in between Great Britain and Northern Ireland throughout their life. The European Commission highlighted that it was dealing with more assistances
f. On 21 July, the UK released a Command Paper, ‘Northern Ireland Protocol: the way forward’, setting out propositions to resolve the complete series of concerns it related to the operation of the Protocol. This consisted of propositions on customizeds, SPS, BARREL & import tax, aid control, governance, and the blood circulation of products in Northern Ireland, which were targeted at providing a brand-new balance in the operation of the Protocol. The EU bore in mind of the publication.
g. On 23 July, the UK Government proposed to preserve the operation of the Protocol on the existing basis, and to stop briefly existing legal actions.
h. On 27 July, the EU revealed that it had, at this phase, chose not to transfer to the next phase of the violation treatment began in March.
i. In a ministerial declaration on 6 September, the UK Government revealed that it would continue to run the Protocol on the existing basis consisting of the grace durations and easements in force. In a declaration on the exact same day, the European Commission bore in mind of the unilateral UK ministerial declaration. The European Commission likewise specified that, at that phase, it would not be relocating to the next phase of the violation treatment released in March 2021, and would, for the minute, not open any brand-new violations. The European Commission scheduled its rights in regard of such violation procedures.
j. From September onwards, the UK and EU co-chairs and authorities carried out continual technical conversations throughout the fall on both UK and EU propositions. These covered SPS, customizeds, barrel and import tax, products, state aid/subsidy control, medications and governance.
k. On 13 October, the European Commission advanced plans in 4 non-papers, for conversation with the UK, worrying:
i. a long-lasting service to make sure the continued supply of medications from Great Britain to Northern Ireland
ii. propositions to reinforce the function for Northern Ireland stakeholders and authorities in the transactions of the Protocol
iii. a long-lasting extensive service in the hygienic and phyto-sanitary location
iv. even more assistance and simplification for East/West Trade in the customizeds field
l. Following its statement of 30 June, and comprehensive engagement with stakeholders and conversations with the UK authorities, on 17 December 2021, the European Commission tabled legal propositions in order to make sure the ongoing long-lasting supply of human medications from Great Britain to Northern Ireland (and likewise to resolve exceptional supply issues in Cyprus, Ireland and Malta.) These propositions were developed to lead, when embraced, to medications continuing to be available in Northern Ireland at the exact same time as in the remainder of the United Kingdom, with particular conditions making sure that UK-authorised medications would not go into the EU Single Market. On 22 December, the European Commission likewise embraced a Notice on the application of the Union’s pharmaceutical acquis in markets traditionally based on medications supply from or through parts of the United Kingdom besides Northern Ireland in order to bridge the space in between the entry into force of the above pointed out brand-new propositions and the previous notification which was because of end on 31 December 2021. In addition, as relates to medical items for veterinary usage, the Notice offered another year, that is up until 31 December 2022, for business to get used to the modifications caused by the end of the shift duration and the arrangements of the Protocol on Ireland / Northern Ireland.
23. The Joint Consultative Working Group, developed under Article 15 of the Protocol, embraced its Rules of Procedure at its conference on 29 January 2021.
24. Throughout 2021, a regularised and practical procedure on info exchange was put in location in between the EU and UK delegations, and the JCWG satisfied 8 times to go over concerns in relation to the info exchanged. In line with the responsibilities in the Protocol, the Union shared info with the UK pursuant to Article 15(3)(a), Article 15(3)(b), Article 15(3)(c) and Article 15(5) while the UK shared info with the Union pursuant to Article 15(3)(a), Article 15(3)(d) and Article 15(5). The co-chairs and secretariat established collective procedures for info exchange and shared assessment.
25. The Specialised Committee on concerns associated with the execution of the Protocol associating with the Sovereign Base Areas in Cyprus did not fulfill in 2021. There were technical conversations worrying the analysis and execution of Article 13 of the Protocol, on obligation for execution, as far as fisheries handled by Article 6 are worried.
26. The Specialised Committee on concerns associated with the execution of the Protocol on Gibraltar satisfied on 16 April 2021. At the conference, Article 1 (residents’ rights) in relation to the Protocol on Gibraltar was talked about. The EU likewise raised concerns worrying the execution of responsibilities under Article 3(3), associated to the establishment of a system of traceability and security steps associating with tobacco items that stopped to use at the end of the shift duration. A technical conference outside the scope and structure of the Specialised Committee was hung on 21 May 2021 (followed by composed technical exchanges) to go over technical elements of Article 3(3) of the Protocol and the execution of the tobacco traceability responsibility.
27. Articles 2 to 5 of the Protocol on Gibraltar (on air transportation law; financial matters and security of monetary interests; environment security and fishing; and cooperation in authorities and customizeds matters) stopped to use at the end of the shift duration on 31 December 2020. The co-chairs concurred that the Specialised Committee would fulfill as needed, and a minimum of when a year, to go over residents’ rights matters as set out in Article 1 of the Protocol.
28. The Specialised Committee on monetary arrangements manages the execution of the monetary arrangements set out in Part V (Financial Provisions) of the Withdrawal Agreement. The Specialised Committee satisfied two times in 2021. The Committee took stock and went over the reporting package sent by the EU to the UK at the end of March 2021 in addition to the April and September 2021 interactions to the UK setting out the pertinent quantities in relation to the settlement of the UK’s net liabilities under the Withdrawal Agreement.
The Specialised Committee kept in mind the favorable engagement on the preparations for the 3rd official reporting package due at the end of March 2022 under the Withdrawal Agreement. The Committee likewise kept in mind that all UK payments towards the settlement had actually been made on time and completely. Furthermore, the UK and the EU devoted to continue working collaboratively on a variety of execution concerns, in acknowledgment of the shared advantage of smooth execution of the monetary arrangements of the Withdrawal Agreement.
Conclusion
29. In 2021, the joint bodies developed by the Withdrawal Agreement satisfied where needed to assist in the execution and application of the Withdrawal Agreement. The Parties likewise carried out technical conversations in between the official conferences to look for development on options.
30. The Joint Committee’s actions throughout 2021 targeted at working towards options to exceptional concerns and making sure execution of the Withdrawal Agreement, which both Parties stay dedicated to.
Signed in London, 24 March 2023. For the Joint Committee, the co-chairs:
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Rt Hon James Cleverly MP, Secretary of State for Foreign, Commonwealth & Development Affairs, UK co-chair
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Maroš Šefčovič, Vice-President of the European Commission, EU co-chair
Annex: particular joint in addition to UK and EU unilateral press declarations following conferences of the Withdrawal Agreement Joint Committee in 2021
Joint Committee conference of 24 February 2021
Joint declaration:
