Council Regulation (Euratom) 2023/1479 of 14 July 2023 laying down rules for the exercise of the Community’s rights in the implementation 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

• CELEX: Regulation (Euratom) 2023/1479
• Articles: 5

Article 1 Subject matter and scope

1.   This Regulation lays down rules and procedures to ensure an effective and timely exercise of the Community’s rights in implementing 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’).

2.   This Regulation applies to the following measures adopted by the Community in accordance with Articles 718 and 719 of the Trade and Cooperation Agreement:

(a)

the suspension of the application of Protocol I to the Trade and Cooperation Agreement, in relation to one or more Community programmes, activities, or parts thereof;

(b)

the termination of the application of Protocol I to the Trade and Cooperation Agreement, in relation to one or more Community programmes, activities, or parts thereof.

Article 2 Exercise of the Community’s rights

1.   Notwithstanding any provisions of Community law adopted pursuant to Articles 7, 47 and 48 of the Euratom Treaty, the Commission shall be empowered to adopt the measures referred to in Article 1(2) of this Regulation, and to give effect to those measures, by means of implementing acts.

2.   Measures adopted pursuant to this Regulation shall be proportionate to the objectives pursued and effective in maintaining the balance of rights and obligations underlying the United Kingdom’s participation in Union programmes as foreseen in the Trade and Cooperation Agreement. They shall comply with the specific criteria established in that Agreement.

3.   The Commission shall be empowered to amend, suspend or repeal the measures referred to in Article 1(2), point (a), by means of implementing acts. Where appropriate, those implementing acts shall specify the duration of the suspension.

4.   Where there is a particular concern of one or more Member States, that or those Member States may request the Commission to suspend the participation of the United Kingdom in the Community programme or programmes concerned in accordance with paragraph 1. If the Commission does not respond positively to such a request, it shall inform the Council in a timely manner of its reasons.

5.   The implementing acts referred to in paragraphs 1 and 2 of this Article shall be adopted in accordance with the examination procedure referred to in Article 3(2).

6.   On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 3(3).

Article 3 Committee procedure

1.   The Commission shall be assisted by the UK Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Article 4 Review

By 9 August 2028, the Commission shall present a report to the European Parliament and to the Council on the application of this Regulation, accompanied, where appropriate, by relevant legislative proposals.

Article 5 Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .