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II
(Information)
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES
AND AGENCIES
COUNCIL
AGREEMENT
on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European
Union and the European Atomic Energy Community
(2019/C 384 I/01)
PREAMBLE
THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY
AND
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
CONSIDERING that on 29 March 2017 the United Kingdom of Great Britain and Northern Ireland ("United Kingdom"),
following the outcome of a referendum held in the United Kingdom and its sovereign decision to leave the European
Union, notified its intention to withdraw from the European Union ("Union") and the European Atomic Energy
Community ("Euratom") in accordance with Article 50 of the Treaty on European Union ("TEU"), which applies to
Euratom by virtue of Article 106a of the Treaty establishing the European Atomic Energy Community ("Euratom Treaty"),
WISHING to set out the arrangements for the withdrawal of the United Kingdom from the Union and Euratom, taking
account of the framework for their future relationship,
NOTING the guidelines of 29 April and 15 December 2017 and of 23 March 2018 provided by the European Council in the
light of which the Union is to conclude the Agreement setting out the arrangements for the withdrawal of the United
Kingdom from the Union and Euratom,
RECALLING that, pursuant to Article 50 TEU, in conjunction with Article 106a of the Euratom Treaty, and subject to the
arrangements laid down in this Agreement, the law of the Union and of Euratom in its entirety ceases to apply to the
United Kingdom from the date of entry into force of this Agreement,
STRESSING that the objective of this Agreement is to ensure an orderly withdrawal of the United Kingdom from the Union
and Euratom,
RECOGNISING that it is necessary to provide reciprocal protection for Union citizens and for United Kingdom nationals, as
well as their respective family members, where they have exercised free movement rights before a date set in this
Agreement, and to ensure that their rights under this Agreement are enforceable and based on the principle of non-
discrimination; recognising also that rights deriving from periods of social security insurance should be protected,
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RESOLVED to ensure an orderly withdrawal through various separation provisions aiming to prevent disruption and to
provide legal certainty to citizens and economic operators as well as to judicial and administrative authorities in the Union
and in the United Kingdom, while not excluding the possibility of relevant separation provisions being superseded by the
agreement(s) on the future relationship,
CONSIDERING that it is in the interest of both the Union and the United Kingdom to determine a transition or
implementation period during which – notwithstanding all consequences of the United Kingdom's withdrawal from the
Union as regards the United Kingdom's participation in the institutions, bodies, offices and agencies of the Union, in
particular the end, on the date of entry into force of this Agreement, of the mandates of all members of institutions, bodies
and agencies of the Union nominated, appointed or elected in relation to the United Kingdom's membership of the Union –
Union law, including international agreements, should be applicable to and in the United Kingdom, and, as a general rule,
with the same effect as regards the Member States, in order to avoid disruption in the period during which the agreement
(s) on the future relationship will be negotiated,
RECOGNISING that, even if Union law will be applicable to and in the United Kingdom during the transition period, the
specificities of the United Kingdom as a State having withdrawn from the Union mean that it will be important for the
United Kingdom to be able to take steps to prepare and establish new international arrangements of its own, including in
areas of Union exclusive competence, provided such agreements do not enter into force or apply during that period, unless
so authorised by the Union,
RECALLING that the Union and the United Kingdom have agreed to honour the mutual commitments undertaken while the
United Kingdom was a member of the Union through a single financial settlement,
CONSIDERING that in order to guarantee the correct interpretation and application of this Agreement and compliance with
the obligations under this Agreement, it is essential to establish provisions ensuring overall governance, in particular
binding dispute-settlement and enforcement rules that fully respect the autonomy of the respective legal orders of the
Union and of the United Kingdom as well as the United Kingdom's status as a third country,
ACKNOWLEDGING that, for an orderly withdrawal of the United Kingdom from the Union, it is also necessary to establish,
in separate protocols to this Agreement, durable arrangements addressing the very specific situations relating to Ireland/
Northern Ireland and to the Sovereign Base Areas in Cyprus,
ACKNOWLEDGING further that, for an orderly withdrawal of the United Kingdom from the Union, it is also necessary to
establish, in a separate protocol to this Agreement, the specific arrangements in respect of Gibraltar applicable in particular
during the transition period,
UNDERLINING that this Agreement is founded on an overall balance of benefits, rights and obligations for the Union and the
United Kingdom,
NOTING that in parallel with this Agreement, the Parties have made a Political Declaration setting out the framework for the
future relationship between the European Union and the United Kingdom of Great Britain and Northern Ireland,
CONSIDERING that there is a need for both the United Kingdom and the Union to take all necessary steps to begin as soon as
possible from the date of entry into force of this Agreement, the formal negotiations of one or several agreements
governing their future relationship with a view to ensuring that, to the extent possible, those agreements apply from the
end of the transition period,
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HAVE AGREED AS FOLLOWS:
PART ONE
COMMON PROVISIONS
Article 1
Objective
This Agreement sets out the arrangements for the withdrawal of the United Kingdom of Great Britain and Northern Ireland
("United Kingdom") from the European Union ("Union") and from the European Atomic Energy Community ("Euratom").
Article 2
Definitions
For the purposes of this Agreement, the following definitions shall apply:
(a) "Union law" means:
(i)
the Treaty on European Union ("TEU"), the Treaty on the Functioning of the European Union ("TFEU") and the
Treaty establishing the European Atomic Energy Community ("Euratom Treaty"), as amended or supplemented,
as well as the Treaties of Accession and the Charter of Fundamental Rights of the European Union, together
referred to as "the Treaties";
(ii) the general principles of the Union's law;
(iii) the acts adopted by the institutions, bodies, offices or agencies of the Union;
(iv) the international agreements to which the Union is party and the international agreements concluded by the
Member States acting on behalf of the Union;
(v) the agreements between Member States entered into in their capacity as Member States of the Union;
(vi) acts of the Representatives of the Governments of the Member States meeting within the European Council or the
Council of the European Union ("Council");
(vii) the declarations made in the context of intergovernmental conferences which adopted the Treaties;
(b) "Member States" means the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of
Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of
Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of
Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of
the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of
Slovenia, the Slovak Republic, the Republic of Finland and the Kingdom of Sweden;
(c) "Union citizen" means any person holding the nationality of a Member State;
(d) "United Kingdom national" means a national of the United Kingdom, as defined in the New Declaration by the
Government of the United Kingdom of Great Britain and Northern Ireland of 31 December 1982 on the definition of
the term "nationals" (1) together with Declaration No 63 annexed to the Final Act of the intergovernmental conference
which adopted the Treaty of Lisbon (2);
(1) OJ C 23, 28.1.1983, p. 1.
(2) OJ C 306, 17.12.2007, p. 270.
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(e) "transition period" means the period provided in Article 126;
(f) "day" means a calendar day, unless otherwise provided in this Agreement or in provisions of Union law made applicable
by this Agreement.
Article 3
Territorial scope
1.
Unless otherwise provided in this Agreement or in Union law made applicable by this Agreement, any reference in
this Agreement to the United Kingdom or its territory shall be understood as referring to:
(a) the United Kingdom;
(b) Gibraltar, to the extent that Union law was applicable to it before the date of entry into force of this Agreement;
(c) the Channel Islands and the Isle of Man, to the extent that Union law was applicable to them before the date of entry
into force of this Agreement;
(d) the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus, to the extent necessary to ensure the implementation of
the arrangements set out in the Protocol on the Sovereign Base Areas of the United Kingdom of Great Britain and
Northern Ireland in Cyprus annexed to the Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of
Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the
European Union;
(e) the overseas countries and territories listed in Annex II to the TFEU having special relations with the United
Kingdom (3), where the provisions of this Agreement relate to the special arrangements for the association of the
overseas countries and territories with the Union.
2.
Unless otherwise provided in this Agreement or in Union law made applicable by this Agreement, any reference in
this Agreement to Member States, or their territory, shall be understood as covering the territories of the Member States to
which the Treaties apply as provided in Article 355 TFEU.
Article 4
Methods and principles relating to the effect, the implementation and the application of this Agreement
1.
The provisions of this Agreement and the provisions of Union law made applicable by this Agreement shall produce
in respect of and in the United Kingdom the same legal effects as those which they produce within the Union and its
Member States.
Accordingly, legal or natural persons shall in particular be able to rely directly on the provisions contained or referred to in
this Agreement which meet the conditions for direct effect under Union law.
2.
The United Kingdom shall ensure compliance with paragraph 1, including as regards the required powers of its
judicial and administrative authorities to disapply inconsistent or incompatible domestic provisions, through domestic
primary legislation.
3.
The provisions of this Agreement referring to Union law or to concepts or provisions thereof shall be interpreted and
applied in accordance with the methods and general principles of Union law.
4.
The provisions of this Agreement referring to Union law or to concepts or provisions thereof shall in their
implementation and application be interpreted in conformity with the relevant case law of the Court of Justice of the
European Union handed down before the end of the transition period.
(3) Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands,
Montserrat, Pitcairn, Saint Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands, and Turks and
Caicos Islands.
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5.
In the interpretation and application of this Agreement, the United Kingdom's judicial and administrative authorities
shall have due regard to relevant case law of the Court of Justice of the European Union handed down after the end of the
transition period.
Article 5
Good faith
The Union and the United Kingdom shall, in full mutual respect and good faith, assist each other in carrying out tasks
which flow from this Agreement.
They shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising from
this Agreement and shall refrain from any measures which could jeopardise the attainment of the objectives of this
Agreement.
This Article is without prejudice to the application of Union law pursuant to this Agreement, in particular the principle of
sincere cooperation.
Article 6
References to Union law
1.
With the exception of Parts Four and Five, unless otherwise provided in this Agreement all references in this
Agreement to Union law shall be understood as references to Union law, including as amended or replaced, as applicable
on the last day of the transition period.
2.
Where in this Agreement reference is made to Union acts or provisions thereof, such reference shall, where relevant,
be understood to include a reference to Union law or provisions thereof that, although replaced or superseded by the act
referred to, continue to apply in accordance with that act.
3.
For the purposes of this Agreement, references to provisions of Union law made applicable by this Agreement shall
be understood to include references to the relevant Union acts supplementing or implementing those provisions.
Article 7
References to the Union and to Member States
1.
For the purposes of this Agreement, all references to Member States and competent authorities of Member States in
provisions of Union law made applicable by this Agreement shall be understood as including the United Kingdom and its
competent authorities, except as regards:
(a) the nomination, appointment or election of members of the institutions, bodies, offices and agencies of the Union, as
well as the participation in the decision-making and the attendance in the meetings of the institutions;
(b) the participation in the decision-making and governance of the bodies, offices and agencies of the Union;
(c) the attendance in the meetings of the committees referred to in Article 3(2) of Regulation (EU) No 182/2011 of the
European Parliament and of the Council (4), of Commission expert groups or of other similar entities, or in the
meetings of expert groups or similar entities of bodies, offices and agencies of the Union, unless otherwise provided in
this Agreement.
(4) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general
principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55,
28.2.2011, p. 13).
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2.
Unless otherwise provided in this Agreement, any reference to the Union shall be understood as including Euratom.
Article 8
Access to networks, information systems and databases
Unless otherwise provided in this Agreement, at the end of the transition period the United Kingdom shall cease to be
entitled to access any network, any information system and any database established on the basis of Union law. The United
Kingdom shall take appropriate measures to ensure that it does not access a network, information system or database
which it is no longer entitled to access.
PART TWO
CITIZENS' RIGHTS
TITLE I
GENERAL PROVISIONS
Article 9
Definitions
For the purposes of this Part, and without prejudice to Title III, the following definitions shall apply:
(a) "family members" means the following persons, irrespective of their nationality, who fall within the personal scope
provided for in Article 10 of this Agreement:
(i) family members of Union citizens or family members of United Kingdom nationals as defined in point (2) of
Article 2 of Directive 2004/38/EC of the European Parliament and of the Council (5);
(ii) persons other than those defined in Article 3(2) of Directive 2004/38/EC whose presence is required by Union
citizens or United Kingdom nationals in order not to deprive those Union citizens or United Kingdom nationals of
a right of residence granted by this Part;
(b) "frontier workers" means Union citizens or United Kingdom nationals who pursue an economic activity in accordance
with Article 45 or 49 TFEU in one or more States in which they do not reside;
(c) "host State" means:
(i) in respect of Union citizens and their family members, the United Kingdom, if they exercised their right of
residence there in accordance with Union law before the end of the transition period and continue to reside there
thereafter;
(ii) in respect of United Kingdom nationals and their family members, the Member State in which they exercised their
right of residence in accordance with Union law before the end of the transition period and in which they
continue to reside thereafter;
(d) "State of work" means:
(i) in respect of Union citizens, the United Kingdom, if they pursued an economic activity as frontier workers there
before the end of the transition period and continue to do so thereafter;
(5) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their
family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and
repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and
93/96/EEC (OJ L 158, 30.4.2004, p. 77).
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(ii) in respect of United Kingdom nationals, a Member State in which they pursued an economic activity as frontier
workers before the end of the transition period and in which they continue to do so thereafter;
(e) "rights of custody" means rights of custody within the meaning of point (9) of Article 2 of Council Regulation (EC) No
2201/2003 (6), including rights of custody acquired by judgment, by operation of law or by an agreement having legal
effect.
Article 10
Personal scope
1.
Without prejudice to Title III, this Part shall apply to the following persons:
(a) Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law before the end
of the transition period and continue to reside there thereafter;
(b) United Kingdom nationals who exercised their right to reside in a Member State in accordance with Union law before
the end of the transition period and continue to reside there thereafter;
(c) Union citizens who exercised their right as frontier workers in the United Kingdom in accordance with Union law
before the end of the transition period and continue to do so thereafter;
(d) United Kingdom nationals who exercised their right as frontier workers in one or more Member States in accordance
with Union law before the end of the transition period and continue to do so thereafter;
(e) family members of the persons referred to in points (a) to (d), provided that they fulfil one of the following conditions:
(i) they resided in the host State in accordance with Union law before the end of the transition period and continue to
reside there thereafter;
(ii) they were directly related to a person referred to in points (a) to (d) and resided outside the host State before the
end of the transition period, provided that they fulfil the conditions set out in point (2) of Article 2 of Directive
2004/38/EC at the time they seek residence under this Part in order to join the person referred to in points (a) to
(d) of this paragraph;
(iii) they were born to, or legally adopted by, persons referred to in points (a) to (d) after the end of the transition
period, whether inside or outside the host State, and fulfil the conditions set out in point (2)(c) of Article 2 of
Directive 2004/38/EC at the time they seek residence under this Part in order to join the person referred to in
points (a) to (d) of this paragraph and fulfil one of the following conditions:
— both parents are persons referred to in points (a) to (d);
— one parent is a person referred to in points (a) to (d) and the other is a national of the host State; or
— one parent is a person referred to in points (a) to (d) and has sole or joint rights of custody of the child, in
accordance with the applicable rules of family law of a Member State or of the United Kingdom, including
applicable rules of private international law under which rights of custody established under the law of a third
State are recognised in the Member State or in the United Kingdom, in particular as regards the best interests of
the child, and without prejudice to the normal operation of such applicable rules of private international
law (7);
(f) family members who resided in the host State in accordance with Articles 12 and 13, Article 16(2) and Articles 17 and
18 of Directive 2004/38/EC before the end of the transition period and continue to reside there thereafter.
2.
Persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC whose residence was facilitated by the
host State in accordance with its national legislation before the end of the transition period in accordance with Article 3(2)
of that Directive shall retain their right of residence in the host State in accordance with this Part, provided that they
continue to reside in the host State thereafter.
(6) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of
judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338,
23.12.2003 p. 1).
(7) The notion of rights of custody is to be interpreted in accordance with point (9) of Article 2 of Regulation (EC) No 2201/2003.
Therefore, it covers rights of custody acquired by judgment, by operation of law or by an agreement having legal effect.
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3.
Paragraph 2 shall also apply to persons falling under points (a) and (b) of Article 3(2) of Directive 2004/38/EC who
have applied for facilitation of entry and residence before the end of the transition period, and whose residence is being
facilitated by the host State in accordance with its national legislation thereafter.
4.
Without prejudice to any right to residence which the persons concerned may have in their own right, the host State
shall, in accordance with its national legislation and in accordance with point (b) of Article 3(2) of Directive 2004/38/EC,
facilitate entry and residence for the partner with whom the person referred to in points (a) to (d) of paragraph 1 of this
Article has a durable relationship, duly attested, where that partner resided outside the host State before the end of the
transition period, provided that the relationship was durable before the end of the transition period and continues at the
time the partner seeks residence under this Part.
5.
In the cases referred to in paragraphs 3 and 4, the host State shall undertake an extensive examination of the personal
circumstances of the persons concerned and shall justify any denial of entry or residence to such persons.
Article 11
Continuity of residence
Continuity of residence for the purposes of Articles 9 and 10 shall not be affected by absences as referred to in Article 15(2).
The right of permanent residence acquired under Directive 2004/38/EC before the end of the transition period shall not be
treated as lost through absence from the host State for a period specified in Article 15(3).
Article 12
Non-discrimination
Within the scope of this Part, and without prejudice to any special provisions contained therein, any discrimination on
grounds of nationality within the meaning of the first subparagraph of Article 18 TFEU shall be prohibited in the host
State and the State of work in respect of the persons referred to in Article 10 of this Agreement.
TITLE II
RIGHTS AND OBLIGATIONS
Chapter 1
R IGH TS R EL ATED T O R ESID ENCE, RESID EN CE DO CUMENT S
Article 13
Residence rights
1.
Union citizens and United Kingdom nationals shall have the right to reside in the host State under the limitations and
conditions as set out in Articles 21, 45 or 49 TFEU and in Article 6(1), points (a), (b) or (c) of Article 7(1), Article 7(3),
Article 14, Article 16(1) or Article 17(1) of Directive 2004/38/EC.
2.
Family members who are either Union citizens or United Kingdom nationals shall have the right to reside in the host
State as set out in Article 21 TFEU and in Article 6(1), point (d) of Article 7(1), Article 12(1) or (3), Article 13(1), Article 14,
Article 16(1) or Article 17(3) and (4) of Directive 2004/38/EC, subject to the limitations and conditions set out in those
provisions.
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3.
Family members who are neither Union citizens nor United Kingdom nationals shall have the right to reside in the
host State under Article 21 TFEU and as set out in Article 6(2), Article 7(2), Article 12(2) or (3), Article 13(2), Article 14,
Article 16(2), Article 17(3) or (4) or Article 18 of Directive 2004/38/EC, subject to the limitations and conditions set out
in those provisions.
4.
The host State may not impose any limitations or conditions for obtaining, retaining or losing residence rights on the
persons referred to in paragraphs 1, 2 and 3, other than those provided for in this Title. There shall be no discretion in
applying the limitations and conditions provided for in this Title, other than in favour of the person concerned.
Article 14
Right of exit and of entry
1.
Union citizens and United Kingdom nationals, their respective family members, and other persons, who reside in the
territory of the host State in accordance with the conditions set out in this Title shall have the right to leave the host State
and the right to enter it, as set out in Article 4(1) and the first subparagraph of Article 5(1) of Directive 2004/38/EC, with
a valid passport or national identity card in the case of Union citizens and United Kingdom nationals, and with a valid
passport in the case of their respective family members and other persons who are not Union citizens or United Kingdom
nationals.
Five years after the end of the transition period, the host State may decide no longer to accept national identity cards for the
purposes of entry to or exit from its territory if such cards do not include a chip that complies with the applicable
International Civil Aviation Organisation standards related to biometric identification.
2.
No exit visa, entry visa or equivalent formality shall be required of holders of a valid document issued in accordance
with Article 18 or 26.
3.
Where the host State requires family members who join the Union citizen or United Kingdom national after the end
of the transition period to have an entry visa, the host State shall grant such persons every facility to obtain the necessary
visas. Such visas shall be issued free of charge as soon as possible, and on the basis of an accelerated procedure.
Article 15
Right of permanent residence
1.
Union citizens and United Kingdom nationals, and their respective family members, who have resided legally in the
host State in accordance with Union law for a continuous period of 5 years or for the period specified in Article 17 of
Directive 2004/38/EC, shall have the right to reside permanently in the host State under the conditions set out in Articles
16, 17 and 18 of Directive 2004/38/EC. Periods of legal residence or work in accordance with Union law before and after
the end of the transition period shall be included in the calculation of the qualifying period necessary for acquisition of the
right of permanent residence.
2.
Continuity of residence for the purposes of acquisition of the right of permanent residence shall be determined in
accordance with Article 16(3) and Article 21 of Directive 2004/38/EC.
3.
Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period
exceeding 5 consecutive years.
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Article 16
Accumulation of periods
Union citizens and United Kingdom nationals, and their respective family members, who before the end of the transition
period resided legally in the host State in accordance with the conditions of Article 7 of Directive 2004/38/EC for a period
of less than 5 years, shall have the right to acquire the right to reside permanently under the conditions set out in Article 15
of this Agreement once they have completed the necessary periods of residence. Periods of legal residence or work in
accordance with Union law before and after the end of the transition period shall be included in the calculation of the
qualifying period necessary for acquisition of the right of permanent residence.
Article 17
Status and changes
1.
The right of Union citizens and United Kingdom nationals, and their respective family members, to rely directly on
this Part shall not be affected when they change status, for example between student, worker, self-employed person and
economically inactive person. Persons who, at the end of the transition period, enjoy a right of residence in their capacity
as family members of Union citizens or United Kingdom nationals, cannot become persons referred to in points (a) to (d)
of Article 10(1).
2.
The rights provided for in this Title for the family members who are dependants of Union citizens or United Kingdom
nationals before the end of the transition period, shall be maintained even after they cease to be dependants.
Article 18
Issuance of residence documents
1.
The host State may require Union citizens or United Kingdom nationals, their respective family members and other
persons, who reside in its territory in accordance with the conditions set out in this Title, to apply for a new residence
status which confers the rights under this Title and a document evidencing such status which may be in a digital form.
Applying for such a residence status shall be subject to the following conditions:
(a) the purpose of the application procedure shall be to verify whether the applicant is entitled to the residence rights set
out in this Title. Where that is the case, the applicant shall have a right to be granted the residence status and the
document evidencing that status;
(b) the deadline for submitting the application shall not be less than 6 months from the end of the transition period, for
persons residing in the host State before the end of the transition period.
For persons who have the right to commence residence after the end of the transition period in the host State in
accordance with this Title, the deadline for submitting the application shall be 3 months after their arrival or the
expiry of the deadline referred to in the first subparagraph, whichever is later.
A certificate of application for the residence status shall be issued immediately;
(c) the deadline for submitting the application referred to in point (b) shall be extended automatically by 1 year where the
Union has notified the United Kingdom, or the United Kingdom has notified the Union, that technical problems
prevent the host State either from registering the application or from issuing the certificate of application referred to
in point (b). The host State shall publish that notification and shall provide appropriate public information for the
persons concerned in good time;
(d) where the deadline for submitting the application referred to in point (b) is not respected by the persons concerned, the
competent authorities shall assess all the circumstances and reasons for not respecting the deadline and shall allow
those persons to submit an application within a reasonable further period of time if there are reasonable grounds for
the failure to respect the deadline;
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(e) the host State shall ensure that any administrative procedures for applications are smooth, transparent and simple, and
that any unnecessary administrative burdens are avoided;
(f) application forms shall be short, simple, user friendly and adapted to the context of this Agreement; applications made
by families at the same time shall be considered together;
(g) the document evidencing the status shall be issued free of charge or for a charge not exceeding that imposed on
citizens or nationals of the host State for the issuing of similar documents;
(h) persons who, before the end of the transition period, hold a valid permanent residence document issued under Article
19 or 20 of Directive 2004/38/EC or hold a valid domestic immigration document conferring a permanent right to
reside in the host State, shall have the right to exchange that document within the period referred to in point (b) of
this paragraph for a new residence document upon application after a verification of their identity, a criminality and
security check in accordance with point (p) of this paragraph and confirmation of their ongoing residence; such new
residence documents shall be issued free of charge;
(i) the identity of the applicants shall be verified through the presentation of a valid passport or national identity card for
Union citizens and United Kingdom nationals, and through the presentation of a valid passport for their respective
family members and other persons who are not Union citizens or United Kingdom nationals; the acceptance of such
identity documents shall not be made conditional upon any criteria other than that of the validity of the document.
Where the identity document is retained by the competent authorities of the host State while the application is
pending, the host State shall return that document upon application without delay, before the decision on the
application has been taken;
(j) supporting documents other than identity documents, such as civil status documents, may be submitted in copy.
Originals of supporting documents may be required only in specific cases where there is a reasonable doubt as to the
authenticity of the supporting documents submitted;
(k) the host State may only require Union citizens and United Kingdom nationals to present, in addition to the identity
documents referred to in point (i) of this paragraph, the following supporting documents as referred to in Article 8(3)
of Directive 2004/38/EC:
(i) where they reside in the host State in accordance with point (a) of Article 7(1) of Directive 2004/38/EC as workers
or self-employed, a confirmation of engagement from the employer or a certificate of employment, or proof that
they are self‐employed;
(ii) where they reside in the host State in accordance with point (b) of Article 7(1) of Directive 2004/38/EC as
economically inactive persons, evidence that they have sufficient resources for themselves and their family
members not to become a burden on the social assistance system of the host State during their period of
residence and that they have comprehensive sickness insurance cover in the host State; or
(iii) where they reside in the host State in accordance with point (c) of Article 7(1) of Directive 2004/38/EC as
students, proof of enrolment at an establishment accredited or financed by the host State on the basis of its
legislation or administrative practice, proof of comprehensive sickness insurance cover, and a declaration or
equivalent means of proof, that they have sufficient resources for themselves and their family members not to
become a burden on the social assistance system of the host State during their period of residence. The host State
may not require such declarations to refer to any specific amount of resources.
With regard to the condition of sufficient resources, Article 8(4) of Directive 2004/38/EC shall apply;
(l) the host State may only require family members who fall under point (e)(i) of Article 10(1) or Article 10(2) or (3) of
this Agreement and who reside in the host State in accordance with point (d) of Article 7(1) or Article 7(2) of
Directive 2004/38/EC to present, in addition to the identity documents referred to in point (i) of this paragraph, the
following supporting documents as referred to in Article 8(5) or 10(2) of Directive 2004/38/EC:
(i) a document attesting to the existence of a family relationship or registered partnership;
(ii) the registration certificate or, in the absence of a registration system, any other proof that the Union citizen or the
United Kingdom national with whom they reside actually resides in the host State;
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(iii) for direct descendants who are under the age of 21 or who are dependants and dependent direct relatives in the
ascending line, and for those of the spouse or registered partner, documentary evidence that the conditions set
out in point (c) or (d) of Article 2(2) of Directive 2004/38/EC are fulfilled;
(iv) for the persons referred to in Article 10(2) or (3) of this Agreement, a document issued by the relevant authority
in the host State in accordance with Article 3(2) of Directive 2004/38/EC.
With regard to the condition of sufficient resources as concerns family members who are themselves Union citizens or
United Kingdom nationals, Article 8(4) of Directive 2004/38/EC shall apply;
(m) the host State may only require family members who fall under point (e)(ii) of Article 10(1) or Article 10(4) of this
Agreement to present, in addition to the identity documents referred to in point (i) of this paragraph, the following
supporting documents as referred to in Articles 8(5) and 10(2) of Directive 2004/38/EC:
(i) a document attesting to the existence of a family relationship or of a registered partnership;
(ii) the registration certificate or, in the absence of a registration system, any other proof of residence in the host State
of the Union citizen or of the United Kingdom nationals whom they are joining in the host State;
(iii) for spouses or registered partners, a document attesting to the existence of a family relationship or a registered
partnership before the end of the transition period;
(iv) for direct descendants who are under the age of 21 or who are dependants and dependent direct relatives in the
ascending line and those of the spouse or registered partner, documentary evidence that they were related to
Union citizens or United Kingdom nationals before the end of the transition period and fulfil the conditions set
out in point (c) or (d) of Article 2(2) of Directive 2004/38/EC relating to age or dependence;
(v) for the persons referred to in Article 10(4) of this Agreement, proof that a durable relationship with Union
citizens or United Kingdom nationals existed before the end of the transition period and continues to exist
thereafter;
(n) for cases other than those set out in points (k), (l) and (m), the host State shall not require applicants to present
supporting documents that go beyond what is strictly necessary and proportionate to provide evidence that the
conditions relating to the right of residence under this Title have been fulfilled;
(o) the competent authorities of the host State shall help the applicants to prove their eligibility and to avoid any errors or
omissions in their applications; they shall give the applicants the opportunity to furnish supplementary evidence and
to correct any deficiencies, errors or omissions;
(p) criminality and security checks may be carried out systematically on applicants, with the exclusive aim of verifying
whether the restrictions set out in Article 20 of this Agreement may be applicable. For that purpose, applicants may
be required to declare past criminal convictions which appear in their criminal record in accordance with the law of
the State of conviction at the time of the application. The host State may, if it considers this essential, apply the
procedure set out in Article 27(3) of Directive 2004/38/EC with respect to enquiries to other States regarding
previous criminal records;
(q) the new residence document shall include a statement that it has been issued in accordance with this Agreement;
(r) the applicant shall have access to judicial and, where appropriate, administrative redress procedures in the host State
against any decision refusing to grant the residence status. The redress procedures shall allow for an examination of
the legality of the decision, as well as of the facts and circumstances on which the proposed decision is based. Such
redress procedures shall ensure that the decision is not disproportionate.
2.
During the period referred to in point (b) of paragraph 1 of this Article and its possible one‐year extension under
point (c) of that paragraph, all rights provided for in this Part shall be deemed to apply to Union citizens or United
Kingdom nationals, their respective family members, and other persons residing in the host State, in accordance with the
conditions and subject to the restrictions set out in Article 20.
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3.
Pending a final decision by the competent authorities on any application referred to in paragraph 1, and pending a
final judgment handed down in case of judicial redress sought against any rejection of such application by the competent
administrative authorities, all rights provided for in this Part shall be deemed to apply to the applicant, including Article
21 on safeguards and right of appeal, subject to the conditions set out in Article 20(4).
4.
Where a host State has chosen not to require Union citizens or United Kingdom nationals, their family members, and
other persons, residing in its territory in accordance with the conditions set out in this Title, to apply for the new residence
status referred to in paragraph 1 as a condition for legal residence, those eligible for residence rights under this Title shall
have the right to receive, in accordance with the conditions set out in Directive 2004/38/EC, a residence document, which
may be in a digital form, that includes a statement that it has been issued in accordance with this Agreement.
Article 19
Issuance of residence documents during the transition period
1.
During the transition period, a host State may allow applications for a residence status or residence document as
referred to in Article 18(1) and (4) to be made voluntarily from the date of entry into force of this Agreement.
2.
Decisions to accept or refuse such applications shall be taken in accordance with Article 18(1) and (4). Decisions
under Article 18(1) shall have no effect until after the end of the transition period.
3.
If an application under Article 18(1) is accepted before the end of the transition period, the host State may not
withdraw the decision granting the residence status before the end of the transition period on any grounds other than
those set out in Chapter VI and Article 35 of Directive 2004/38/EC.
4.
If an application is refused before the end of the transition period, the applicant may apply again at any time before
the expiry of the period set out in point (b) of Article 18(1).
5.
Without prejudice to paragraph 4, the redress procedures under point (r) of Article 18(1) shall be available from the
date of any decision to refuse an application referred to in paragraph 2 of this Article.
Article 20
Restrictions of the rights of residence and entry
1.
The conduct of Union citizens or United Kingdom nationals, their family members, and other persons, who exercise
rights under this Title, where that conduct occurred before the end of the transition period, shall be considered in
accordance with Chapter VI of Directive 2004/38/EC.
2.
The conduct of Union citizens or United Kingdom nationals, their family members, and other persons, who exercise
rights under this Title, where that conduct occurred after the end of the transition period, may constitute grounds for
restricting the right of residence by the host State or the right of entry in the State of work in accordance with national
legislation.
3.
The host State or the State of work may adopt the necessary measures to refuse, terminate or withdraw any right
conferred by this Title in the case of the abuse of those rights or fraud, as set out in Article 35 of Directive 2004/38/EC.
Such measures shall be subject to the procedural safeguards provided for in Article 21 of this Agreement.
4.
The host State or the State of work may remove applicants who submitted fraudulent or abusive applications from its
territory under the conditions set out in Directive 2004/38/EC, in particular Articles 31 and 35 thereof, even before a final
judgment has been handed down in the case of judicial redress sought against any rejection of such an application.
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Article 21
Safeguards and right of appeal
The safeguards set out in Article 15 and Chapter VI of Directive 2004/38/EC shall apply in respect of any decision by the
host State that restricts residence rights of the persons referred to in Article 10 of this Agreement.
Article 22
Related rights
In accordance with Article 23 of Directive 2004/38/EC, irrespective of nationality, the family members of a Union citizen
or United Kingdom national who have the right of residence or the right of permanent residence in the host State or the
State of work shall be entitled to take up employment or self-employment there.
Article 23
Equal treatment
1.
In accordance with Article 24 of Directive 2004/38/EC, subject to the specific provisions provided for in this Title
and Titles I and IV of this Part, all Union citizens or United Kingdom nationals residing on the basis of this Agreement in
the territory of the host State shall enjoy equal treatment with the nationals of that State within the scope of this Part. The
benefit of this right shall be extended to those family members of Union citizens or United Kingdom nationals who have
the right of residence or permanent residence.
2.
By way of derogation from paragraph 1, the host State shall not be obliged to confer entitlement to social assistance
during periods of residence on the basis of Article 6 or point (b) of Article 14(4) of Directive 2004/38/EC, nor shall it be
obliged, prior to a person's acquisition of the right of permanent residence in accordance with Article 15 of this
Agreement, to grant maintenance aid for studies, including vocational training, consisting in student grants or student
loans to persons other than workers, self-employed persons, persons who retain such status or to members of their families.
Chapter 2
R IGH TS O F WOR K ERS AND SEL F - EMPLOY ED PERSONS
Article 24
Rights of workers
1.
Subject to the limitations set out in Article 45(3) and (4) TFEU, workers in the host State and frontier workers in the
State or States of work shall enjoy the rights guaranteed by Article 45 TFEU and the rights granted by Regulation (EU) No
492/2011 of the European Parliament and of the Council (8). These rights include:
(a) the right not to be discriminated against on grounds of nationality as regards employment, remuneration and other
conditions of work and employment;
(b) the right to take up and pursue an activity in accordance with the rules applicable to the nationals of the host State or
the State of work;
(c) the right to assistance afforded by the employment offices of the host State or the State of work as offered to own
nationals;
(d) the right to equal treatment in respect of conditions of employment and work, in particular as regards remuneration,
dismissal and in case of unemployment, reinstatement or re‐employment;
(8) Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers
within the Union (OJ L 141, 27.5.2011, p. 1).
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(e) the right to social and tax advantages;
(f) collective rights;
(g) the rights and benefits accorded to national workers in matters of housing;
(h) the right for their children to be admitted to the general educational, apprenticeship and vocational training courses
under the same conditions as the nationals of the host State or the State of work, if such children are residing in the
territory where the worker works.
2.
Where a direct descendant of a worker who has ceased to reside in the host State is in education in that State, the
primary carer for that descendant shall have the right to reside in that State until the descendant reaches the age of
majority, and after the age of majority if that descendant continues to need the presence and care of the primary carer in
order to pursue and complete his or her education.
3.
Employed frontier workers shall enjoy the right to enter and exit the State of work in accordance with Article 14 of
this Agreement and shall retain the rights they enjoyed as workers there, provided they are in one of the circumstances set
out in points (a), (b), (c) and (d) of Article 7(3) of Directive 2004/38/EC, even where they do not move their residence to the
State of work.
Article 25
Rights of self-employed persons
1.
Subject to the limitations set out in Articles 51 and 52 TFEU, self-employed persons in the host State and self-
employed frontier workers in the State or States of work shall enjoy the rights guaranteed by Articles 49 and 55 TFEU.
These rights include:
(a) the right to take up and pursue activities as self-employed persons and to set up and manage undertakings under the
conditions laid down by the host State for its own nationals, as set out in Article 49 TFEU;
(b) the rights as set out in points (c) to (h) of Article 24(1) of this Agreement.
2.
Article 24(2) shall apply to direct descendants of self-employed workers.
3.
Article 24(3) shall apply to self-employed frontier workers.
Article 26
Issuance of a document identifying frontier workers' rights
The State of work may require Union citizens and United Kingdom nationals who have rights as frontier workers under this
Title to apply for a document certifying that they have such rights under this Title. Such Union citizens and United
Kingdom nationals shall have the right to be issued with such a document.
Chapter 3
PROFES SIO NAL Q UAL IFIC AT IONS
Article 27
Recognised professional qualifications
1.
The recognition, before the end of the transition period, of professional qualifications, as defined in point (b) of
Article 3(1) of Directive 2005/36/EC of the European Parliament and of the Council (9), of Union citizens or United
Kingdom nationals, and their family members, by their host State or their State of work shall maintain its effects in the
respective State, including the right to pursue their profession under the same conditions as its nationals, where such
recognition was made in accordance with any of the following provisions:
(9) Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional
qualifications (OJ L 255, 30.9.2005, p. 22).
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(a) Title III of Directive 2005/36/EC in respect of the recognition of professional qualifications in the context of the
exercise of the freedom of establishment, whether such recognition fell under the general system for the recognition of
evidence of training, the system for the recognition of professional experience or the system for the recognition on the
basis of coordination of minimum training conditions;
(b) Article 10(1) and (3) of Directive 98/5/EC of the European Parliament and of the Council (10) in respect of gaining
admission to the profession of lawyer in the host State or State of work;
(c) Article 14 of Directive 2006/43/EC of the European Parliament and of the Council (11) in respect of the approval of
statutory auditors from another Member State;
(d) Council Directive 74/556/EEC (12) in respect of the acceptance of evidence of the knowledge and ability necessary to
take up or pursue the activities of self-employed persons and of intermediaries engaging in the trade and distribution
of toxic products or activities involving the professional use of toxic products.
2.
Recognitions of professional qualifications for the purposes of point (a) of paragraph 1 of this Article shall include:
(a) recognitions of professional qualifications which have benefited from Article 3(3) of Directive 2005/36/EC;
(b) decisions granting partial access to a professional activity in accordance with Article 4f of Directive 2005/36/EC;
(c) recognitions of professional qualifications for establishment purposes made under Article 4d of Directive 2005/36/EC.
Article 28
Ongoing procedures on the recognition of professional qualifications
Article 4, Article 4d in respect of recognitions of professional qualifications for establishment purposes, Article 4f and Title
III of Directive 2005/36/EC, Article 10(1), (3) and (4) of Directive 98/5/EC, Article 14 of Directive 2006/43/EC and
Directive 74/556/EEC shall apply in respect of the examination by a competent authority of the host State or State of work
of any application for the recognition of professional qualifications introduced before the end of the transition period by
Union citizens or United Kingdom nationals and in respect of the decision on any such application.
Articles 4a, 4b and 4e of Directive 2005/36/EC shall also apply to the extent relevant for the completion of the procedures
for the recognitions of professional qualifications for establishment purposes under Article 4d of that Directive.
Article 29
Administrative cooperation on recognition of professional qualifications
1.
With regard to the pending applications referred to in Article 28, the United Kingdom and the Member States shall
cooperate in order to facilitate the application of Article 28. Cooperation may include the exchange of information,
including information on disciplinary action or criminal sanctions taken or any other serious and specific circumstances
which are likely to have consequences for the pursuit of the activities falling under the Directives referred to in Article 28.
(10) Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer
on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36).
(11) Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and
consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC
(OJ L 157, 9.6.2006, p. 87).
(12) Council Directive 74/556/EEC of 4 June 1974 laying down detailed provisions concerning transitional measures relating to activities,
trade in and distribution of toxic products and activities entailing the professional use of such products including activities of
intermediaries (OJ L 307, 18.11.1974, p. 1).
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2.
By way of derogation from Article 8, for a period not exceeding 9 months from the end of the transition period, the
United Kingdom shall be entitled to use the internal market information system in respect of applications referred to in
Article 28 insofar as they concern procedures for the recognition of professional qualifications for establishment purposes
under Article 4d of Directive 2005/36/EC.
TITLE III
COORDINATION OF SOCIAL SECURITY SYSTEMS
Article 30
Persons covered
1.
This Title shall apply to the following persons:
(a) Union citizens who are subject to the legislation of the United Kingdom at the end of the transition period, as well as
their family members and survivors;
(b) United Kingdom nationals who are subject to the legislation of a Member State at the end of the transition period, as
well as their family members and survivors;
(c) Union citizens who reside in the United Kingdom and are subject to the legislation of a Member State at the end of the
transition period, as well as their family members and survivors;
(d) United Kingdom nationals who reside in a Member State, and are subject to the legislation of the United Kingdom at the
end of the transition period, as well as their family members and survivors;
(e) persons who do not fall within points (a) to (d) but are:
(i) Union citizens who pursue an activity as an employed or self-employed person in the United Kingdom at the end of
the transition period, and who, based on Title II of Regulation (EC) No 883/2004 of the European Parliament and
of the Council (13), are subject to the legislation of a Member State, as well as their family members and survivors; or
(ii) United Kingdom nationals who pursue an activity as an employed or self-employed person in one or more Member
States at the end of the transition period, and who, based on Title II of Regulation (EC) No 883/2004, are subject to
the legislation of the United Kingdom, as well as their family members and survivors;
(f) stateless persons and refugees, residing in a Member State or in the United Kingdom, who are in one of the situations
described in points (a) to (e), as well as their family members and survivors;
(g) nationals of third countries, as well as members of their families and survivors, who are in one of the situations
described in points (a) to (e), provided that they fulfil the conditions of Council Regulation (EC) No 859/2003 (14).
2.
The persons referred to in paragraph 1 shall be covered for as long as they continue without interruption to be in one
of the situations set out in that paragraph involving both a Member State and the United Kingdom at the same time.
3.
This Title shall also apply to persons who do not, or who no longer, fall within points (a) to (e) of paragraph 1 of this
Article but who fall within Article 10 of this Agreement, as well as their family members and survivors.
4.
The persons referred to in paragraph 3 shall be covered for as long as they continue to have a right to reside in the
host State under Article 13 of this Agreement, or a right to work in their State of work under Article 24 or 25 of this
Agreement.
(13) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security
systems (OJ L 166, 30.4.2004, p. 1).
(14) Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation
(EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their
nationality (OJ L 124, 20.5.2003, p. 1).
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5.
Where this Article refers to family members and survivors, those persons shall be covered by this Title only to the
extent that they derive rights and obligations in that capacity under Regulation (EC) No 883/2004.
Article 31
Social security coordination rules
1.
The rules and objectives set out in Article 48 TFEU, Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009
of the European Parliament and of the Council (15) shall apply to the persons covered by this Title.
The Union and the United Kingdom shall take due account of the Decisions and Recommendations of the Administrative
Commission for the Coordination of Social Security Systems attached to the European Commission, set up under
Regulation (EC) No 883/2004 ("Administrative Commission") listed in Part I of Annex I to this Agreement.
2.
By way of derogation from Article 9 of this Agreement, for the purposes of this Title, the definitions in Article 1 of
Regulation (EC) No 883/2004 shall apply.
3.
With regard to nationals of third countries who fulfil the conditions of Regulation (EC) No 859/2003, as well as their
family members or survivors within the scope of this Title, the references to Regulation (EC) No 883/2004 and Regulation
(EC) No 987/2009 in this Title shall be understood as references to Council Regulation (EEC) No 1408/71 (16) and Council
Regulation (EEC) No 574/72 (17) respectively. References to specific provisions of Regulation (EC) No 883/2004 and
Regulation (EC) No 987/2009 shall be understood as references to the corresponding provisions of Regulation (EEC) No
1408/71 and Regulation (EEC) No 574/72.
Article 32
Special situations covered
1.
The following rules shall apply in the following situations to the extent set out in this Article, insofar as they relate to
persons not or no longer covered by Article 30:
(a) the following persons shall be covered by this Title for the purposes of reliance on and aggregation of periods of
insurance, employment, self-employment or residence, including rights and obligations deriving from such periods in
accordance with Regulation (EC) No 883/2004:
(i) Union citizens, as well as stateless persons and refugees residing in a Member State and nationals of third countries
who fulfil the conditions of Regulation (EC) No 859/2003, who have been subject to the legislation of the United
Kingdom before the end of the transition period, as well as their family members and survivors;
(ii) United Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom and nationals
of third countries who fulfil the conditions of Regulation (EC) No 859/2003, who have been subject to the
legislation of a Member State before the end of the transition period, as well as their family members and survivors;
for the purposes of the aggregation of periods, periods completed both before and after the end of the transition period
shall be taken into account in accordance with Regulation (EC) No 883/2004;
(15) Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for
implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).
(16) Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-
employed persons and to members of their families moving within the Community (OJ L 149, 5.7.1971, p. 2).
(17) Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71
on the application of social security schemes to employed persons and their families moving within the Community (OJ L 74,
27.3.1972, p. 1).
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(b) the rules set out in Articles 20 and 27 of Regulation (EC) No 883/2004 shall continue to apply to persons who, before
the end of the transition period, had requested authorisation to receive a course of planned health care treatment
pursuant to Regulation (EC) No 883/2004, until the end of the treatment. The corresponding reimbursement
procedures shall also apply even after the treatment ends. Such persons and the accompanying persons shall enjoy the
right to enter and exit the State of treatment in accordance with Article 14, mutatis mutandis;
(c) the rules set out in Articles 19 and 27 of Regulation (EC) No 883/2004 shall continue to apply to persons who are
covered by Regulation (EC) No 883/2004 and who are on a stay at the end of the transition period in a Member State
or the United Kingdom, until the end of their stay. The corresponding reimbursement procedures shall also apply even
after the stay or treatment ends;
(d) the rules set out in Articles 67, 68 and 69 of Regulation (EC) No 883/2004 shall continue to apply, for as long as the
conditions are fulfilled, to awards of family benefits to which there is entitlement at the end of the transition period for
the following persons:
(i) Union citizens, stateless persons and refugees residing in a Member State as well as nationals of third countries who
fulfil the conditions of Regulation (EC) No 859/2003 and reside in a Member State, who are subject to the
legislation of a Member State and have family members residing in the United Kingdom at the end of the
transition period;
(ii) United Kingdom nationals, as well as stateless persons and refugees residing in the United Kingdom and nationals
of third countries who fulfil the conditions of Regulation (EC) No 859/2003 and reside in the United Kingdom,
who are subject to the legislation of the United Kingdom and have family members residing in a Member State at
the end of the transition period;
(e) in the situations set out in point (d)(i) and (ii) of this paragraph, for any persons who have rights as family members at
the end of the transition period under Regulation (EC) No 883/2004, such as derived rights for sickness benefits in
kind, that Regulation and the corresponding provisions of Regulation (EC) No 987/2009 shall continue to apply for as
long as the conditions provided therein are fulfilled.
2.
The provisions of Chapter 1 of Title III of Regulation (EC) No 883/2004 as regards sickness benefits shall apply to
persons receiving benefits under point (a) of paragraph 1 of this Article.
This paragraph shall apply mutatis mutandis as regards family benefits based on Articles 67, 68 and 69 of Regulation (EC)
No 883/2004.
Article 33
Nationals of Iceland, Liechtenstein, Norway and Switzerland
1.
The provisions of this Title applicable to Union citizens shall apply to nationals of Iceland, the Principality of
Liechtenstein, the Kingdom of Norway, and the Swiss Confederation provided that:
(a) Iceland, the Principality of Liechtenstein, the Kingdom of Norway, and the Swiss Confederation, as applicable, have
concluded and apply corresponding agreements with the United Kingdom which apply to Union citizens; and
(b) Iceland, the Principality of Liechtenstein, the Kingdom of Norway, and the Swiss Confederation, as applicable, have
concluded and apply corresponding agreements with the Union which apply to United Kingdom nationals.
2.
Upon notification from the United Kingdom and from the Union of the date of entry into force of the agreements
referred to in paragraph 1 of this Article, the Joint Committee established by Article 164 ("Joint Committee") shall set the
date from which the provisions of this Title shall apply to the nationals of Iceland, the Principality of Liechtenstein, the
Kingdom of Norway, and the Swiss Confederation, as applicable.
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Article 34
Administrative cooperation
1.
By way of derogation from Articles 7 and 128(1), as of the date of entry into force of this Agreement, the United
Kingdom shall have the status of observer in the Administrative Commission. It may, where the items on the agenda
relating to this Title concern the United Kingdom, send a representative, to be present in an advisory capacity, to the
meetings of the Administrative Commission and to the meetings of the bodies referred to in Articles 73 and 74 of
Regulation (EC) No 883/2004 where such items are discussed.
2.
By way of derogation from Article 8, the United Kingdom shall take part in the Electronic Exchange of Social Security
Information (EESSI) and bear the related costs.
Article 35
Reimbursement, recovery and offsetting
The provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009 on reimbursement, recovery and offsetting shall
continue to apply in relation to events, insofar as they relate to persons not covered by Article 30, that:
(a) occurred before the end of the transition period; or
(b) occur after the end of the transition period and relate to persons who were covered by Articles 30 or 32 when the event
occurred.
Article 36
Development of law and adaptations of Union acts
1.
Where Regulations (EC) No 883/2004 and (EC) No 987/2009 are amended or replaced after the end of the transition
period, references to those Regulations in this Agreement shall be understood as referring to those Regulations as amended
or replaced, in accordance with the acts listed in Part II of Annex I to this Agreement.
The Joint Committee shall revise Part II of Annex I to this Agreement and align it to any act amending or replacing
Regulations (EC) No 883/2004 and (EC) No 987/2009 as soon as such act is adopted by the Union. To that end, the Union
shall, as soon as possible after adoption, inform the United Kingdom within the Joint Committee of any act amending or
replacing those Regulations.
2.
By way of derogation from the second subparagraph of paragraph 1, the Joint Committee shall assess the effects of an
act amending or replacing Regulations (EC) No 883/2004 and (EC) No 987/2009 where that act:
(a) amends or replaces the matters covered by Article 3 of Regulation (EC) No 883/2004; or
(b) makes a cash benefit exportable where that cash benefit was non-exportable under Regulation (EC) No 883/2004 at the
end of the transition period, or makes a cash benefit non-exportable, where that cash benefit was exportable at the end
of the transition period; or
(c) makes a cash benefit exportable for an unlimited period of time, where that cash benefit was exportable only for a
limited period of time under Regulation (EC) No 883/2004 at the end of the transition period, or makes a cash benefit
exportable only for a limited period of time, where that cash benefit was exportable for an unlimited period of time
under that Regulation at the end of the transition period.
In making its assessment, the Joint Committee shall consider in good faith the scale of the changes referred to in the first
subparagraph of this paragraph, as well as the importance of the continued good functioning of Regulations (EC) No
883/2004 and (EC) No 987/2009 between the Union and the United Kingdom and the importance of there being a
competent State in relation to individuals within the scope of Regulation (EC) No 883/2004.
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If the Joint Committee so decides within 6 months from receiving the information given by the Union pursuant to
paragraph 1, Part II of Annex I to this Agreement shall not be aligned to the act referred to in the first subparagraph of this
paragraph.
For the purposes of this paragraph:
(a) "exportable" means payable under Regulation (EC) No 883/2004 to or in relation to a person residing in a Member
State or in the United Kingdom if the institution responsible for providing the benefit is not situated there; "non-
exportable" shall be interpreted accordingly; and
(b) "exportable for an unlimited period of time" means exportable for as long as the conditions giving rise to the
entitlements are met.
3.
Regulations (EC) No 883/2004 and (EC) No 987/2009 shall, for the purposes of this Agreement, be understood as
comprising the adaptations listed in Part III of Annex I to this Agreement. As soon as possible after the adoption of any
changes in domestic provisions of relevance to Part III of Annex I to this Agreement, the United Kingdom shall inform the
Union thereof within the Joint Committee.
4.
The Decisions and Recommendations of the Administrative Commission shall, for the purposes of this Agreement,
be understood as comprising the decisions and recommendations listed in Part I of Annex I. The Joint Committee shall
amend Part I of Annex I to reflect any new Decision or Recommendation adopted by the Administrative Commission. To
that end, as soon as possible after adoption of decisions and recommendations of the Administrative Commission, the
Union shall inform the United Kingdom thereof within the Joint Committee. Such amendments shall be made by the Joint
Committee on a proposal of the Union or the United Kingdom.
TITLE IV
OTHER PROVISIONS
Article 37
Publicity
The Member States and the United Kingdom shall disseminate information concerning the rights and obligations of persons
covered by this Part, in particular by means of awareness-raising campaigns conducted, as appropriate, through national
and local media and other means of communication.
Article 38
More favourable provisions
1.
This Part shall not affect any laws, regulations or administrative provisions applicable in a host State or a State of
work which would be more favourable to the persons concerned. This paragraph shall not apply to Title III.
2.
Article 12 and Article 23(1) shall be without prejudice to the Common Travel Area arrangements between the United
Kingdom and Ireland as regards more favourable treatment which may result from these arrangements for the persons
concerned.
Article 39
Life-long protection
The persons covered by this Part shall enjoy the rights provided for in the relevant Titles of this Part for their lifetime, unless
they cease to meet the conditions set out in those Titles.
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PART THREE
SEPARATION PROVISIONS
TITLE I
GOODS PLACED ON THE MARKET
Article 40
Definitions
For the purposes of this Title, the following definitions shall apply:
(a) "making available on the market" means any supply of a good for distribution, consumption or use on the market in
the course of a commercial activity, whether in return for payment or free of charge;
(b) "placing on the market" means the first making available of a good on the market in the Union or the United Kingdom;
(c) "supply of a good for distribution, consumption or use" means that an existing and individually identifiable good, after
the stage of manufacturing has taken place, is the subject matter of a written or verbal agreement between two or more
legal or natural persons for the transfer of ownership, any other property right, or possession concerning the good in
question, or is the subject matter of an offer to a legal or natural person or persons to conclude such an agreement;
(d) "putting into service" means the first use of a good within the Union or the United Kingdom by the end user for the
purposes for which it was intended or, in the case of marine equipment, placing on board;
(e) "market surveillance" means the activities carried out and measures taken by market surveillance authorities to ensure
that goods comply with the applicable requirements and do not endanger health, safety or any other aspect of public
interest protection;
(f) "market surveillance authority" means an authority of a Member State or of the United Kingdom responsible for
carrying out market surveillance on its territory;
(g) "conditions for the marketing of goods" means requirements concerning the characteristics of goods such as levels of
quality, performance, safety or dimensions, including on the composition of such goods or on the terminology,
symbols, testing and testing methods, packaging, marking, labelling, and conformity assessment procedures used in
relation to such goods; the term also covers requirements concerning production methods and processes, where these
have an effect on product characteristics;
(h) "conformity assessment body" means a body that performs conformity assessment activities including calibration,
testing, certification and inspection;
(i) "notified body" means a conformity assessment body authorised to carry out third-party conformity assessment tasks
under Union law harmonising the conditions for the marketing of goods;
(j) "animal products" means products of animal origin, animal by-products and derived products, as referred to in points
(29), (30) and (31) of Article 4 of Regulation (EU) 2016/429 of the European Parliament and of the Council (18),
respectively, feed of animal origin, and food and feed containing products of animal origin.
Article 41
Continued circulation of goods placed on the market
1.
Any good that was lawfully placed on the market in the Union or the United Kingdom before the end of the transition
period may:
(a) be further made available on the market of the Union or of the United Kingdom and circulate between these two
markets until it reaches its end-user;
(18) Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and
amending and repealing certain acts in the area of animal health ("Animal Health Law") (OJ L 84, 31.3.2016, p. 1).
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(b) where provided in the applicable provisions of Union law, be put into service in the Union or in the United Kingdom.
2.
The requirements set out in Articles 34 and 35 TFEU and the relevant Union law governing the marketing of goods,
including the conditions for the marketing of goods, applicable to the goods concerned shall apply in respect of the goods
referred to in paragraph 1.
3.
Paragraph 1 shall apply to all existing and individually identifiable goods within the meaning of Title II of Part Three
of the TFEU, with the exception of the circulation between the Union market and the United Kingdom's market or vice-
versa of:
(a) live animals and germinal products;
(b) animal products.
4.
In respect of a movement of live animals or of germinal products between a Member State and the United Kingdom,
or vice-versa, the provisions of Union law listed in Annex II shall apply, provided that the date of departure was before the
end of the transition period.
5.
This Article shall be without prejudice to the possibility for the United Kingdom, a Member State or the Union to take
measures to prohibit or restrict the making available on its market of a good referred to in paragraph 1, or a category of
such goods, where and to the extent permitted by Union law.
6.
The provisions of this Title shall be without prejudice to any applicable rules on modalities of sale, intellectual
property, customs procedures, tariffs and taxes.
Article 42
Proof of placing on the market
Where an economic operator relies on Article 41(1) with respect to a specific good, that operator shall bear the burden of
proof of demonstrating, on the basis of any relevant document, that the good was placed on the market in the Union or
the United Kingdom before the end of the transition period.
Article 43
Market surveillance
1.
The market surveillance authorities of the Member States and the market surveillance authorities of the United
Kingdom shall exchange without delay any relevant information collected with regard to the goods referred to in Article
41(1) in the context of their respective market surveillance activities. They shall, in particular, communicate to each other
and to the European Commission any information relating to those goods presenting a serious risk, as well as any
measures taken in relation to non-compliant goods, including relevant information drawn from networks, information
systems and databases established under Union or United Kingdom law in relation to those goods.
2.
The Member States and the United Kingdom shall transmit without delay any request from the market surveillance
authorities of the United Kingdom or of a Member State, respectively, to a conformity assessment body established in their
territory, where that request concerns a conformity assessment carried out by that body in its capacity as notified body
before the end of the transition period. Member States and the United Kingdom shall ensure that any such request is
promptly addressed by the conformity assessment body.
Article 44
Transfer of files and documents relating to ongoing procedures
The United Kingdom shall transfer without delay to the competent authority of a Member State designated in accordance
with the procedures provided for in the applicable Union law all relevant files or documents in relation to assessments,
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approvals and authorisations ongoing on the day before the date of entry into force of this Agreement and led by a United
Kingdom competent authority in accordance with Regulation (EU) No 528/2012 (19), Regulation (EC) No 1107/2009 (20),
Directive 2001/83/EC (21) and Directive 2001/82/EC (22) of the European Parliament and of the Council.
Article 45
Making available of information in relation to past authorisation procedures for medicinal products
1.
The United Kingdom shall, upon a reasoned request from a Member State or the European Medicines Agency, make
available without delay the marketing authorisation dossier of a medicinal product authorised by a competent authority of
the United Kingdom before the end of the transition period, where that dossier is necessary for the assessment of a
marketing authorisation application in accordance with Articles 10 and 10a of Directive 2001/83/EC or Articles 13 and
13a of Directive 2001/82/EC.
2.
A Member State shall, upon a reasoned request from the United Kingdom, make available without delay the
marketing authorisation dossier of a medicinal product authorised by a competent authority of that Member State before
the end of the transition period, where that dossier is necessary for the assessment of a marketing authorisation
application in the United Kingdom in accordance with the United Kingdom's legislative requirements, to the extent that
those legislative requirements replicate the circumstances of Articles 10 and 10a of Directive 2001/83/EC or Articles 13
and 13a of Directive 2001/82/EC.
Article 46
Making available of information held by notified bodies established in the United Kingdom or in a Member State
1.
The United Kingdom shall ensure that information held by a conformity assessment body established in the United
Kingdom in relation to its activities as a notified body under Union law before the end of the transition period is made
available at the request of the certificate holder, without delay, to a notified body established in a Member State as indicated
by the certificate holder.
2.
Member States shall ensure that information held by a notified body established in the Member State concerned in
relation to its activities before the end of the transition period is made available at the request of the certificate holder,
without delay, to a conformity assessment body established in the United Kingdom as indicated by the certificate holder.
TITLE II
ONGOING CUSTOMS PROCEDURES
Article 47
Union status of goods
1.
Regulation (EU) No 952/2013 of the European Parliament and of the Council (23) shall apply in respect of Union
goods referred to in point (23) of Article 5 of that Regulation, where such goods move from the customs territory of the
United Kingdom to the customs territory of the Union, or vice versa, provided that the movement started before the end of
the transition period and ended thereafter. A movement of goods which has started before the end of the transition period
and ends thereafter shall be treated as an intra-Union movement regarding importation and exportation licencing
requirements in Union law.
(19) Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the
market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).
(20) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant
protection products on the market (OJ L 309, 24.11.2009, p. 1).
(21) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to
medicinal products for human use (OJ L 311, 28.11.2001, p. 67).
(22) Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to
veterinary medicinal products (OJ L 311, 28.11.2001, p. 1).
(23) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs
Code (OJ L 269, 10.10.2013, p. 1).
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2.
For the purposes of paragraph 1, the presumption of the customs status of Union goods as referred to in Article 153
(1) of Regulation (EU) No 952/2013 shall not apply. The customs status of those goods as Union goods, as well as the fact
that the movement referred to in paragraph 1 started before the end of the transition period, shall need to be proven for
every movement by the person concerned by any of the means referred to in Article 199 of Commission Implementing
Regulation (EU) 2015/2447 (24). The proof of the start of the movement shall be provided by means of a transport
document relating to the goods.
3.
Paragraph 2 shall not apply in respect of Union goods that are carried by air and have been loaded or transhipped at
an airport in the customs territory of the United Kingdom for consignment to the customs territory of the Union or have
been loaded or transhipped at an airport in the customs territory of the Union for consignment to the customs territory of
the United Kingdom, where such goods are carried under cover of a single transport document issued in either of the
customs territories concerned, provided that the movement by air started before the end of the transition period and the
movement ended thereafter.
4.
Paragraph 2 shall not apply in respect of Union goods that are carried by sea and have been shipped between ports in
the customs territory of the United Kingdom and ports in the customs territory of the Union by a regular shipping service,
as referred to in Article 120 of Commission Delegated Regulation (EU) 2015/2446 (25), provided that:
(a) the voyage comprising the ports in the customs territory of the United Kingdom and ports in the customs territory of
the Union started before the end of the transition period and ended thereafter; and
(b) the regular shipping service vessel called at one or several ports in the customs territory of the United Kingdom or in
the customs territory of the Union before the end of the transition period.
5.
When during the voyage referred to in point (a) of paragraph 4 the regular shipping service vessel calls at one or
several ports in the customs territory of the United Kingdom after the end of the transition period:
(a) for goods loaded before the end of the transition period and unloaded in those ports, the customs status of Union
goods shall not be altered;
(b) for goods loaded in ports called after the end of the transition period, the customs status of Union goods shall not be
altered provided that it is proven in accordance with paragraph 2.
Article 48
Entry summary declaration and pre-departure declaration
1.
Regulation (EU) No 952/2013 shall apply in respect of entry summary declarations that were lodged at a customs
office of first entry in accordance with Chapter I of Title IV of that Regulation before the end of the transition period, and
those declarations shall produce the same legal effects in the customs territory of the Union and the customs territory of
the United Kingdom after the end of the transition period.
2.
Regulation (EU) No 952/2013 shall apply in respect of pre-departure declarations that were lodged in accordance
with Chapter I of Title VIII of that Regulation before the end of the transition period and, where applicable, where the
goods were released in accordance with Article 194 of that Regulation before the end of the transition period. Those
declarations shall produce the same legal effects in the customs territory of the Union and the customs territory of the
United Kingdom after the end of the transition period.
Article 49
Ending of temporary storage or customs procedures
1.
Regulation (EU) No 952/2013 shall apply in respect of non-Union goods that were in temporary storage referred to
in point (17) of Article 5 of that Regulation at the end of the transition period and in respect of goods that were under any
of the customs procedures referred to in point (16) of Article 5 of that Regulation in the customs territory of the United
Kingdom at the end of the transition period, until such temporary storage is ended, until one of the special customs
procedures is discharged, until the goods are released for free circulation, or until the goods are taken out of the territory,
provided that such event occurs after the end of the transition period but not later than within the corresponding time
limit referred to in Annex III.
(24) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain
provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code
(OJ L 343, 29.12.2015, p. 558).
(25) Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European
Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343,
29.12.2015, p. 1).
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However, points (b) and (c) of Article 148(5) and Article 219 of Regulation (EU) No 952/2013 shall not apply in respect of
movements of goods between the customs territory of the United Kingdom and the customs territory of the Union which
end after the end of the transition period.
2.
Regulation (EU) No 952/2013, Council Decision 2014/335/EU, Euratom (26), Council Regulation (EU, Euratom) No
608/2014 (27) and Council Regulation (EU, Euratom) No 609/2014 (28) shall apply in respect of any customs debt arising
after the end of the transition period from the end of temporary storage or discharge referred to in paragraph 1.
3.
Section 1 of Chapter 1 of Title II of Implementing Regulation (EU) 2015/2447 shall apply in respect of requests to
benefit from tariff quotas which have been accepted by the customs authorities in the customs territory of the United
Kingdom and where the required supporting documents have been provided in accordance with Article 50 of that
Regulation by the customs authorities in the customs territory of the United Kingdom before the end of the transition
period, and shall apply in respect of the cancellation of requests and returns of unused allocated quantities of such requests.
Article 50
Access to relevant networks, information systems and databases
By way of derogation from Article 8, the United Kingdom shall have access, to the extent strictly necessary to comply with
its obligations under this Title, to the networks, information systems and databases listed in Annex IV. The United Kingdom
shall reimburse the Union for the actual costs incurred by the Union as a consequence of facilitating that access. The Union
shall communicate to the United Kingdom the amount of those costs by 31 March of each year until the end of the period
referred to in Annex IV. In the event that the communicated amount of the actual costs incurred considerably diverges from
the best estimates amount that was communicated by the Union to the United Kingdom before the signature of this
Agreement, the United Kingdom shall pay without delay to the Union the best estimates amount and the Joint Committee
shall determine the manner in which the difference between the actual costs incurred and the best estimates amount is to
be addressed.
TITLE III
ONGOING VALUE ADDED TAX AND EXCISE DUTY MATTERS
Article 51
Value added tax (VAT)
1.
Council Directive 2006/112/EC (29) shall apply in respect of goods dispatched or transported from the territory of the
United Kingdom to the territory of a Member State, and vice versa, provided that the dispatch or transport started before
the end of the transition period and ended thereafter.
2.
Directive 2006/112/EC shall continue to apply until 5 years after the end of the transition period with regard to the
taxable person's rights and obligations in relation to transactions with a cross-border element between the United
Kingdom and a Member State that took place before the end of the transition period and with regard to transactions
covered by paragraph 1.
(26) Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (OJ L 168,
7.6.2014, p. 105).
(27) Council Regulation (EU, Euratom) No 608/2014 of 26 May 2014 laying down implementing measures for the system of own
resources of the European Union (OJ L 168, 7.6.2014, p. 29).
(28) Council Regulation (EU, Euratom) No 609/2014 of 26 May 2014 on the methods and procedure for making available the traditional,
VAT and GNI-based own resources and on the measures to meet cash requirements (OJ L 168, 7.6.2014, p. 39).
(29) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).
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3.
By way of derogation from paragraph 2 and from Article 15 of Council Directive 2008/9/EC (30), refund applications
that relate to VAT which was paid in a Member State by a taxable person established in the United Kingdom, or which was
paid in the United Kingdom by a taxable person established in a Member State, shall be submitted under the conditions of
that Directive at the latest on 31 March 2021.
4.
By way of derogation from paragraph 2 and from Article 61(2) of Council Implementing Regulation (EU) No
282/2011 (31), amendments to VAT returns that were submitted in accordance with Article 364 or Article 369f of
Directive 2006/112/EC either in the United Kingdom with regard to services supplied in Member States of consumption
before the end of the transition period, or in a Member State with regard to services supplied in the United Kingdom
before the end of the transition period, shall be submitted at the latest on 31 December 2021.
Article 52
Excise goods
Council Directive 2008/118/EC (32) shall apply in respect of movements of excise goods under a duty suspension
arrangement and in respect of movements of excise goods after release for consumption from the territory of the United
Kingdom to the territory of a Member State, or vice versa, provided that the movement started before the end of the
transition period and ended thereafter.
Article 53
Access to relevant networks, information systems and databases
By way of derogation from Article 8, the United Kingdom shall have access, to the extent strictly necessary to comply with
its obligations under this Title, to the networks, information systems and databases listed in Annex IV. The United Kingdom
shall reimburse the Union for the actual costs incurred by the Union as a consequence of facilitating that access. The Union
shall communicate to the United Kingdom the amount of those costs by 31 March of each year until the end of the period
referred to in Annex IV. In the event that the communicated amount of the actual costs incurred considerably diverges from
the best estimates amount that was communicated by the Union to the United Kingdom before the signature of this
Agreement, the United Kingdom shall pay without delay to the Union the best estimates amount and the Joint Committee
shall determine the manner in which the difference between the actual costs incurred and the best estimates amount is to
be addressed.
TITLE IV
INTELLECTUAL PROPERTY
Article 54
Continued protection in the United Kingdom of registered or granted rights
1.
The holder of any of the following intellectual property rights which have been registered or granted before the end of
the transition period shall, without any re-examination, become the holder of a comparable registered and enforceable
intellectual property right in the United Kingdom under the law of the United Kingdom:
(30) Council Directive 2008/9/EC of 12 February 2008 laying down detailed rules for the refund of value added tax, provided for in
Directive 2006/112/EC, to taxable persons not established in the Member State of refund but established in another Member State
(OJ L 44, 20.2.2008, p. 23).
(31) Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive
2006/112/EC on the common system of value added tax (OJ L 77, 23.3.2011, p. 1).
(32) Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive
92/12/EEC (OJ L 9, 14.1.2009, p. 12).
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(a) the holder of a European Union trade mark registered in accordance with Regulation (EU) 2017/1001 of the European
Parliament and of the Council (33) shall become the holder of a trade mark in the United Kingdom, consisting of the
same sign, for the same goods or services;
(b) the holder of a Community design registered and, where applicable, published following a deferral of publication in
accordance with Council Regulation (EC) No 6/2002 (34) shall become the holder of a registered design right in the
United Kingdom for the same design;
(c) the holder of a Community plant variety right granted pursuant to Council Regulation (EC) No 2100/94 (35) shall
become the holder of a plant variety right in the United Kingdom for the same plant variety.
2.
Where a geographical indication, designation of origin or traditional speciality guaranteed within the meaning of
Regulation (EU) No 1151/2012 of the European Parliament and of the Council (36), a geographical indication, designation
of origin or traditional term for wine within the meaning of Regulation (EU) No 1308/2013 of the European Parliament
and of the Council (37), a geographical indication within the meaning of Regulation (EC) No 110/2008 of the European
Parliament and of the Council (38) or a geographical indication within the meaning of Regulation (EU) No 251/2014 of the
European Parliament and of the Council (39), is protected in the Union on the last day of the transition period by virtue of
those Regulations, those persons who are entitled to use the geographical indication, the designation of origin, the
traditional speciality guaranteed or the traditional term for wine concerned shall be entitled, as from the end of the
transition period, without any re-examination, to use the geographical indication, the designation of origin, the traditional
speciality guaranteed or the traditional term for wine concerned in the United Kingdom, which shall be granted at least the
same level of protection under the law of the United Kingdom as under the following provisions of Union law:
(a) points (i), (j) and (k) of Article 4(1) of Directive (EU) 2015/2436 of the European Parliament and of the Council (40); and
(b) in view of the geographical indication, designation of origin, traditional speciality guaranteed or traditional term for
wine concerned, Article 13, Article 14(1), Article 24, Article 36(3), Articles 38 and 44 and point (b) of Article 45(1)
of Regulation (EU) No 1151/2012; Article 90(1) of Regulation (EU) No 1306/2013 of the European Parliament and of
the Council (41); Article 100(3), Article 102(1), Articles 103 and 113, and point (c)(x) of Article 157(1) of Regulation
(EU) No 1308/2013; Article 62(3) and (4) of Commission Regulation (EC) No 607/2009 (42); the first subparagraph of
Article 15(3), Article 16 and Article 23(1) of Regulation (EC) No 110/2008 and, insofar as to the extent related to
compliance with those provisions of that Regulation, Article 24(1) of that Regulation; or Article 19(1) and Article 20
of Regulation (EU) No 251/2014.
Where a geographical indication, designation of origin, traditional speciality guaranteed or traditional term for wine
referred to in the first subparagraph ceases to be protected in the Union after the end of the transition period, the first
subparagraph shall cease to apply in respect of that geographical indication, designation of origin, traditional speciality
guaranteed or traditional term for wine.
(33) Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L
154, 16.6.2017, p. 1).
(34) Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ L 3, 5.1.2002, p. 1).
(35) Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1).
(36) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for
agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
(37) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common
organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC)
No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
(38) Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description,
presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC)
No 1576/89 (OJ L 39, 13.2.2008, p. 16).
(39) Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description,
presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation
(EEC) No 1601/91 (OJ L 84, 20.3.2014, p. 14).
(40) Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the
Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).
(41) Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management
and monitoring of the common agricultural policy (OJ L 347, 20.12.2013, p. 549).
(42) Commission Regulation (EC) No 607/2009 of 14 July 2009 laying down certain detailed rules for the implementation of Council
Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling
and presentation of certain wine sector products (OJ L 193 24.7.2009, p. 60).
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The first subparagraph shall not apply where protection in the Union is derived from international agreements to which the
Union is a party.
This paragraph shall apply unless and until an agreement as referred to in Article 184 that supersedes this paragraph enters
into force or becomes applicable.
3.
Notwithstanding paragraph 1, if an intellectual property right referred to in that paragraph is declared invalid or
revoked, or, in the case of a Community plant variety right, is declared null and void or is cancelled, in the Union as the
result of an administrative or judicial procedure which was ongoing on the last day of the transition period, the
corresponding right in the United Kingdom shall also be declared invalid or revoked, or declared null and void, or be
cancelled. The date of effect of the declaration or revocation or cancellation in the United Kingdom shall be the same as in
the Union.
By way of derogation from the first subparagraph, the United Kingdom shall not be obliged to declare invalid or to revoke
the corresponding right in the United Kingdom where the grounds for the invalidity or revocation of the European Union
trade mark or registered Community design do not apply in the United Kingdom.
4.
A trade mark or registered design right which arises in the United Kingdom in accordance with point (a) or (b) of
paragraph 1 shall have as its first renewal date the renewal date of the corresponding intellectual property right registered
in accordance with Union law.
5.
In respect of trade marks in the United Kingdom referred to in point (a) of paragraph 1 of this Article, the following
shall apply:
(a) the trade mark shall enjoy the date of filing or the date of priority of the European Union trade mark and, where
appropriate, the seniority of a trade mark of the United Kingdom claimed under Article 39 or 40 of Regulation (EU)
2017/1001;
(b) the trade mark shall not be liable to revocation on the ground that the corresponding European Union trade mark had
not been put into genuine use in the territory of the United Kingdom before the end of the transition period;
(c) the owner of a European Union trade mark that has acquired a reputation in the Union shall be entitled to exercise in
the United Kingdom rights equivalent to those provided for in point (c) of Article 9(2) of Regulation (EU) 2017/1001
and point (a) of Article 5(3) of Directive (EU) 2015/2436 in respect of the corresponding trade mark on the basis of
the reputation acquired in the Union by the end of the transition period and thereafter the continuing reputation of
that trade mark shall be based on the use of the mark in the United Kingdom.
6.
In respect of registered design rights and plant variety rights in the United Kingdom referred to in points (b) and (c) of
paragraph 1, the following shall apply:
(a) the term of protection under the law of the United Kingdom shall be at least equal to the remaining period of
protection under Union law of the corresponding registered Community design or Community plant variety right;
(b) the date of filing or date of priority shall be that of the corresponding registered Community design or Community
plant variety right.
Article 55
Registration procedure
1.
The registration, grant or protection pursuant to Article 54(1) and (2) of this Agreement shall be carried out free of
charge by the relevant entities in the United Kingdom, using the data available in the registries of the European Union
Intellectual Property Office, the Community Plant Variety Office and the European Commission. Annex III to Regulation
(EC) No 110/2008 shall be considered a registry for the purpose of this Article.
2.
For the purposes of paragraph 1, holders of the intellectual property rights referred to in Article 54(1) and those
persons who are entitled to use a geographical indication, designation of origin, traditional speciality guaranteed or
traditional term for wine referred to in Article 54(2) shall not be required to introduce an application or to undertake any
particular administrative procedure. Holders of intellectual property rights referred to in Article 54(1) shall not be required
to have a correspondence address in the United Kingdom in the 3 years following the end of the transition period.
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3.
The European Union Intellectual Property Office, the Community Plant Variety Office and the European Commission
shall provide to the relevant entities in the United Kingdom the information necessary for the registration, grant or
protection in the United Kingdom pursuant to Article 54(1) or (2).
4.
This Article shall be without prejudice to renewal fees that may apply at the time of renewal of the rights, or the
possibility for the holders concerned to surrender their intellectual property rights in the United Kingdom in accordance
with the relevant procedure under the law of the United Kingdom.
Article 56
Continued protection in the United Kingdom of international registrations designating the Union
The United Kingdom shall take measures to ensure that natural or legal persons who have obtained protection before the
end of the transition period for internationally registered trade marks or designs designating the Union pursuant to the
Madrid system for the international registration of marks, or pursuant to the Hague system for the international deposit of
industrial designs, enjoy protection in the United Kingdom for their trade marks or industrial designs in respect of those
international registrations.
Article 57
Continued protection in the United Kingdom of unregistered Community designs
The holder of a right in relation to an unregistered Community design which arose before the end of the transition period in
accordance with Regulation (EC) No 6/2002 shall in relation to that unregistered Community design ipso iure become the
holder of an enforceable intellectual property right in the United Kingdom, under the law of the United Kingdom, that
affords the same level of protection as that provided for in Regulation (EC) No 6/2002. The term of protection of that right
under the law of the United Kingdom shall be at least equal to the remaining period of protection of the corresponding
unregistered Community design under Article 11(1) of that Regulation.
Article 58
Continued protection of databases
1.
The holder of a right in relation to a database in respect of the United Kingdom in accordance with Article 7 of
Directive 96/9/EC of the European Parliament and of the Council (43) which arose before the end of the transition period
shall, in relation to that database, maintain an enforceable intellectual property right in the United Kingdom, under the law
of the United Kingdom, that affords the same level of protection as that provided for in Directive 96/9/EC, provided that the
holder of that right continues to comply with the requirements of Article 11 of that Directive. The term of protection of
that right under the law of the United Kingdom shall be at least equal to the remaining period of protection under Article
10 of Directive 96/9/EC.
2.
The following persons and undertakings shall be deemed to comply with the requirements of Article 11 of Directive
96/9/EC:
(a) United Kingdom nationals;
(b) natural persons with a habitual residence in the United Kingdom;
(c) undertakings established in the United Kingdom, provided that where such an undertaking has only its registered office
in the United Kingdom, its operations are genuinely linked on an ongoing basis with the economy of the United
Kingdom or of a Member State.
(43) Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77,
27.3.1996, p. 20).
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Article 59
Right of priority with respect to pending applications for European Union trade marks, Community designs and
Community plant variety rights
1.
Where a person has filed an application for a European Union trade mark or a Community design in accordance with
Union law before the end of the transition period and where that application was accorded a date of filing, that person shall
have, for the same trade mark in respect of goods or services which are identical with or contained within those for which
the application has been filed in the Union or for the same design, the right to file an application in the United Kingdom
within 9 months from the end of the transition period. An application made pursuant to this Article shall be deemed to
have the same filing date and date of priority as the corresponding application filed in the Union and, where appropriate,
the seniority of a trade mark of the United Kingdom claimed under Article 39 or 40 of Regulation (EU) 2017/1001.
2.
Where a person has filed an application for a Community plant variety right in accordance with Union law before the
end of the transition period, that person shall have, for the purpose of filing an application for the same plant variety right
in the United Kingdom, an ad hoc right of priority in the United Kingdom during a period of 6 months from the end of the
transition period. The right of priority shall cause the date of priority of the application for the Community plant variety
right to be deemed to be the date of application for a plant variety right in the United Kingdom for the purpose of
determining distinctness, novelty and entitlement to the right.
Article 60
Pending applications for supplementary protection certificates in the United Kingdom
1.
Regulations (EC) No 1610/96 (44) and No 469/2009 (45) of the European Parliament and of the Council, respectively,
shall apply in respect of applications for supplementary protection certificates for plant protection products and for
medicinal products, as well as to applications for the extension of the duration of such certificates, where such applications
were submitted to an authority in the United Kingdom before the end of the transition period in cases where the
administrative procedure for the grant of the certificate concerned or of the extension of its duration was ongoing at the
end of the transition period.
2.
Any certificate granted pursuant to paragraph 1 shall provide for the same level of protection as that provided for in
Regulation (EC) No 1610/96 or Regulation (EC) No 469/2009.
Article 61
Exhaustion of rights
Intellectual property rights which were exhausted both in the Union and in the United Kingdom before the end of the
transition period under the conditions provided for by Union law shall remain exhausted both in the Union and in the
United Kingdom.
TITLE V
ONGOING POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS
Article 62
Ongoing judicial cooperation proceedings in criminal matters
1.
In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following acts
shall apply as follows:
(44) Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a
supplementary protection certificate for plant protection products (OJ L 198, 8.8.1996, p. 30).
(45) Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary
protection certificate for medicinal products (OJ L 152, 16.6.2009, p. 1).
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(a) the Convention, established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual
Assistance in Criminal Matters between the Member States of the European Union (46), and the Protocol established by
the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in
Criminal Matters between the Member States of the European Union (47), shall apply in respect of mutual legal
assistance requests received under the respective instrument before the end of the transition period by the central
authority or judicial authority;
(b) Council Framework Decision 2002/584/JHA (48) shall apply in respect of European arrest warrants where the requested
person was arrested before the end of the transition period for the purposes of the execution of a European arrest
warrant, irrespective of the decision of the executing judicial authority as to whether the requested person is to remain
in detention or be provisionally released;
(c) Council Framework Decision 2003/577/JHA (49) shall apply in respect of freezing orders received before the end of the
transition period by the central authority or the competent judicial authority for execution, or by a judicial authority in
the executing State with no jurisdiction to recognise or execute a freezing order, but which transmits the freezing order
ex officio to the competent judicial authority for execution;
(d) Council Framework Decision 2005/214/JHA (50) shall apply in respect of decisions received before the end of the
transition period by the central authority or the competent authority in the executing State, or by an authority of the
executing State with no jurisdiction to recognise or execute a decision, but which transmits the decision ex officio to the
competent authority for execution;
(e) Council Framework Decision 2006/783/JHA (51) shall apply in respect of confiscation orders received before the end of
the transition period by the central authority or the competent authority of the executing State, or by an authority in
the executing State with no jurisdiction to recognise or execute a confiscation order, but which transmits the
confiscation order ex officio to the competent authority for execution;
(f) Council Framework Decision 2008/909/JHA (52) shall apply:
(i) in respect of judgments received before the end of the transition period by the competent authority of the
executing State, or by an authority of the executing State with no competence to recognise and enforce a
judgment, but which transmits the judgment ex officio to the competent authority for execution;
(ii) for the purposes of Article 4(6) or Article 5(3) of Framework Decision 2002/584/JHA, where that Framework
Decision is applicable by virtue of point (b) of this paragraph;
(g) Council Framework Decision 2008/675/JHA (53) shall apply in respect of new criminal proceedings within the meaning
of Article 3 of that Framework Decision that are initiated before the end of the transition period;
(h) Council Framework Decision 2009/315/JHA (54) shall apply in respect of requests for information on conviction
received before the end of the transition period by the central authority; however, after the end of the transition
period, replies to such requests shall not be transmitted through the European Criminal Records Information System
established pursuant to the Council Decision 2009/316/JHA (55);
(46) OJ C 197, 12.7.2000, p. 3.
(47) OJ C 326, 21.11.2001, p. 2.
(48) Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between
Member States (OJ L 190, 18.7.2002, p. 1).
(49) Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or
evidence (OJ L 196, 2.8.2003, p. 45).
(50) Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to
financial penalties (OJ L 76, 22.3.2005, p. 16).
(51) Council Framework Decision 2006/783/JHA of 7 October 2006 on the application of the principle of mutual recognition to
confiscation orders (OJ L 328, 24.11.2006, p. 54).
(52) Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to
judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their
enforcement in the European Union (OJ L 327, 5.12.2008, p. 27).
(53) Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European
Union in the course of new criminal proceedings (OJ L 220, 15.8.2008, p. 32).
(54) Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information
extracted from the criminal record between Member States (OJ L 93, 7.4.2009, p. 23).
(55) Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS)
in application of Article 11 of Framework Decision 2009/315/JHA (OJ L 93, 7.4.2009, p. 33).
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(i) Council Framework Decision 2009/829/JHA (56) shall apply in respect of decisions on supervision measures received
before the end of the transition period by the central authority or the competent authority in the executing State, or by
an authority of the executing State with no competence to recognise a decision, but which forwards it ex officio to the
competent authority for execution;
(j) Article 10(3) of Directive 2011/93/EU of the European Parliament and the Council (57) shall apply in respect of requests
for information received before the end of the transition period by the central authority; however, after the end of the
transition period, replies to such requests shall not be transmitted through the European Criminal Records
Information System established pursuant to Decision 2009/316/JHA;
(k) Directive 2011/99/EU of the European Parliament and of the Council (58) shall apply in respect of European protection
orders received before the end of the transition period by the central authority or the competent authority of the
executing State, or by an authority of the executing State with no competence to recognise a European protection
order, but which forwards it ex officio to the competent authority for execution;
(l) Directive 2014/41/EU of the European Parliament and of the Council (59) shall apply in respect of European
Investigation Orders received before the end of the transition period by the central authority or the executing
authority, or by an authority in the executing State with no competence to recognise or execute a European
Investigation Order which forwards it ex officio to the executing authority for execution.
2.
The competent authorities of the United Kingdom may continue to participate in the joint investigation teams in
which they were participating before the end of the transition period, where those investigation teams were set up either in
accordance with Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on
European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union or in
accordance with Council Framework Decision 2002/465/JHA (60).
By way of derogation from Article 8 of this Agreement, the United Kingdom shall be entitled to use, for no longer than one
year after the end of the transition period, the Secure Information Exchange Network Application (SIENA) to the extent
strictly necessary for the purpose of exchanging information within the joint investigation teams referred to in the first
subparagraph of this paragraph. The United Kingdom shall reimburse the Union for the actual costs incurred by the Union
as a consequence of facilitating the United Kingdom's use of SIENA. The Union shall communicate the amount of those
costs to the United Kingdom by 31 March 2021. In the event that the communicated amount of the actual costs incurred
considerably diverges from the best estimates amount that was communicated by the Union to the United Kingdom before
the signature of this Agreement, the United Kingdom shall pay without delay to the Union the best estimates amount and
the Joint Committee shall determine the manner in which the difference between the actual costs incurred and the best
estimates amount is to be addressed.
3.
Eurojust may, upon a request by the United Kingdom, subject to compliance with point (a) of Article 26a(7) and
Article 27 of Council Decision 2002/187/JHA (61), provide information, including personal data, from its Case
Management system, if necessary to complete the ongoing procedures referred to in points (a), (b) (c), (e) and (l) of
paragraph 1 of this Article or the activities of the joint investigation teams referred to in paragraph 2 of this Article. The
United Kingdom's competent authorities may, upon request, provide Eurojust with information in their possession if
necessary to complete the ongoing procedures referred to in points (a), (b), (c), (e) and (l) of paragraph 1 of this Article or
the activities of the joint investigation teams referred to in paragraph 2 of this Article. Where expenses of any
extraordinary nature arise out of the application of this paragraph, the Joint Committee shall determine the manner in
which such expenses are to be addressed.
(56) Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union,
of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (OJ L 294,
11.11.2009, p. 20).
(57) Directive 2011/93/EU of the European Parliament and the Council of 13 December 2011 on combatting the sexual abuse and sexual
exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p.
1).
(58) Directive 2011/99/EU of the European Parliament and of the Council of 13 December 2011 on the European protection order (OJ L
338, 21.12.2011, p. 2).
(59) Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in
criminal matters (OJ L 130, 1.5.2014, p. 1).
(60) Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 20.6.2002, p. 1).
(61) Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime
(OJ L 63, 6.3.2002, p. 1).
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Article 63
Ongoing law enforcement cooperation proceedings, police cooperation and exchange of information
1.
In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following acts
shall apply as follows:
(a) Articles 39 and 40 of the Convention implementing the Schengen Agreement of 14 June 1985 ("Schengen
Implementing Convention") (62), in conjunction with Articles 42 and 43 thereof, shall apply in respect of:
(i) requests in accordance with Article 39 of the Schengen Implementing Convention that are received before the end
of the transition period by the central body responsible in the Contracting Party for international police
cooperation or by competent authorities of the requested Party, or by requested police authorities which do not
have the power to deal with the request, but which forward the request to the competent authorities;
(ii) requests for assistance in accordance with Article 40(1) of the Schengen Implementing Convention that are
received before the end of the transition period by an authority designated by a Contracting Party;
(iii) cross-border surveillance that is carried out without prior authorisation in accordance with Article 40(2) of the
Schengen Implementing Convention, where that surveillance started before the end of the transition period;
(b) the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and
cooperation between customs administrations (63) shall apply in respect of:
(i)
requests for information that are received before the end of the transition period by the requested authority;
(ii)
requests for surveillance that are received before the end of the transition period by the requested authority;
(iii) requests for enquiries that are received before the end of the transition period by the requested authority;
(iv) requests for notification that are received before the end of the transition period by the requested authority;
(v)
requests for authorisation of cross-border surveillance or for entrusting observation to the officers of the Member
State in whose territory observation is carried out that are received before the end of the transition period by an
authority designated by the requested Member State that is empowered to grant the requested authorisation or
to pass on the request;
(vi) cross-border surveillance that is carried out without prior authorisation in accordance with Article 40(2) of the
Schengen Implementing Convention, where that surveillance started before the end of the transition period;
(vii) requests to carry out controlled delivery that are received before the end of the transition period by the requested
authority;
(viii) requests to authorise covert investigations that are received before the end of the transition period by the
requested authority;
(ix) joint special investigation teams that are set up pursuant to Article 24 of that Convention before the end of the
transition period;
(c) Council Decision 2000/642/JHA (64) shall apply in respect of requests that are received before the end of the transition
period by the requested Financial Intelligence Unit;
(d) Council Framework Decision 2006/960/JHA (65) shall apply in respect of requests that are received before the end of
the transition period by the requested competent law enforcement authority;
(62) Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux
Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common
borders (OJ L 239, 22.9.2000, p. 19).
(63) OJ C 24, 23.1.1998, p. 2.
(64) Council Decision 2000/642/JHA of 17 October 2000 concerning arrangements for cooperation between financial intelligence units
of the Member States in respect of exchanging information (OJ L 271, 24.10.2000, p. 4).
(65) Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence
between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, p. 89).
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(e) Council Decision 2007/533/JHA (66) shall apply in respect of the exchange of supplementary information where there
was a hit before the end of the transition period on an alert issued in the Schengen Information System, provided its
provisions apply to the United Kingdom on the last day of the transition period. By way of derogation from Article 8
of this Agreement, the United Kingdom shall be entitled to use, for no longer than 3 months after the end of the
transition period, the Communication Infrastructure as referred to in Article 8(1) of Decision 2007/533/JHA to the
extent strictly necessary for the purpose of exchanging such supplementary information. The United Kingdom shall
reimburse the Union for the actual costs incurred by the Union as a consequence of facilitating the United Kingdom's
use of the Communication Infrastructure. The Union shall communicate to the United Kingdom the amount of those
costs by 31 March 2021. In the event that the communicated amount of the actual costs incurred considerably
diverges from the best estimates amount that was communicated by the Union to the United Kingdom before the
signature of this Agreement, the United Kingdom shall pay without delay to the Union the best estimates amount and
the Joint Committee shall determine the manner in which the difference between the actual costs incurred and the best
estimates amount is to be addressed;
(f) Council Decision 2007/845/JHA (67) shall apply in respect of requests received before the end of the transition period
by an Asset Recovery Office;
(g) Directive (EU) 2016/681 of the European Parliament and of the Council (68) shall apply in respect of requests received
by the passenger information unit in accordance with Articles 9 and 10 of that Directive before the end of the
transition period.
2.
By way of derogation from Article 8, the United Kingdom shall be entitled to use, for no longer than one year after
the end of the transition period, the Secure Information Exchange Network Application (SIENA) to the extent strictly
necessary to complete the ongoing procedures referred to in points (c), (d), (f) and (g) of paragraph 1 of this Article. The
United Kingdom shall reimburse the Union for the actual costs incurred by the Union as a consequence of facilitating the
United Kingdom's use of SIENA. The Union shall communicate to the United Kingdom the amount of those costs by
31 March 2021. In the event that the communicated amount of the actual costs incurred considerably diverges from the
best estimates amount that was communicated by the Union to the United Kingdom before the signature of this
Agreement, the United Kingdom shall pay without delay to the Union the best estimates amount and the Joint Committee
shall determine the manner in which the difference between the actual costs incurred and the best estimates amount is to
be addressed.
Article 64
Confirmation of receipt or arrest
1.
The competent issuing or requesting authority may request an acknowledgement of the receipt of a judicial decision
or request referred to in points (a), (c) to (e), (f)(i) and (h) to (l) of Article 62(1) and points (a)(i) and (ii), points (b)(i) to (v)
and (vii), (viii) and (ix), and points (c), (d), (f) and (g) of Article 63(1) within 10 days after the end of the transition period
where it has doubts as to whether such a judicial decision or request was received by the executing or requested authority
before the end of the transition period.
2.
In the cases referred to in point (b) of Article 62(1), where the competent issuing judicial authority has doubts as to
whether the requested person was arrested pursuant to Article 11 of Framework Decision 2002/584/JHA before the end
of the transition period, it may request from the competent executing judicial authority a confirmation of the arrest within
10 days after the end of the transition period.
3.
Unless confirmation has already been provided pursuant to the applicable provisions of Union law, the executing or
requested authority referred to in paragraphs 1 and 2 shall reply to a request for confirmation of receipt or arrest within
10 days after receiving the request.
(66) Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen
Information System (SIS II) (OJ L 205, 7.8.2007, p. 63).
(67) Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States
in the field of tracing and identification of proceeds from, or other property related to, crime (OJ L 332, 18.12.2007, p. 103).
(68) Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR)
data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (OJ L 119, 4.5.2016, p. 132).
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Article 65
Other applicable Union acts
Directive 2010/64/EU of the European Parliament and of the Council (69) and Directive 2012/13/EU of the European
Parliament and of the Council (70) shall apply in respect of the proceedings referred to in point (b) of Article 62(1) of this
Agreement.
TITLE VI
ONGOING JUDICIAL COOPERATION IN CIVIL AND COMMERCIAL MATTERS
Article 66
Applicable law in contractual and non-contractual matters
In the United Kingdom, the following acts shall apply as follows:
(a) Regulation (EC) No 593/2008 of the European Parliament and of the Council (71) shall apply in respect of contracts
concluded before the end of the transition period;
(b) Regulation (EC) No 864/2007 of the European Parliament and of the Council (72) shall apply in respect of events giving
rise to damage, where such events occurred before the end of the transition period.
Article 67
Jurisdiction, recognition and enforcement of judicial decisions, and related cooperation between central
authorities
1.
In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, in respect of legal
proceedings instituted before the end of the transition period and in respect of proceedings or actions that are related to
such legal proceedings pursuant to Articles 29, 30 and 31 of Regulation (EU) No 1215/2012 of the European Parliament
and of the Council (73), Article 19 of Regulation (EC) No 2201/2003 or Articles 12 and 13 of Council Regulation (EC)
No 4/2009 (74), the following acts or provisions shall apply:
(a) the provisions regarding jurisdiction of Regulation (EU) No 1215/2012;
(b) the provisions regarding jurisdiction of Regulation (EU) 2017/1001, of Regulation (EC) No 6/2002, of Regulation (EC)
No 2100/94, of Regulation (EU) 2016/679 of the European Parliament and of the Council (75) and of Directive 96/71/
EC of the European Parliament and of the Council (76);
(c) the provisions of Regulation (EC) No 2201/2003 regarding jurisdiction;
(d) the provisions of Regulation (EC) No 4/2009 regarding jurisdiction.
(69) Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and
translation in criminal proceedings (OJ L 280, 26.10.2010, p. 1).
(70) Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal
proceedings (OJ L 142, 1.6.2012, p. 1).
(71) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual
obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).
(72) Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-
contractual obligations (Rome II) (OJ L 199, 31.7.2007, p. 40).
(73) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the
recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
(74) Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions
and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1).
(75) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with
regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data
Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(76) Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the
framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
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2.
In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following acts
or provisions shall apply as follows in respect of the recognition and enforcement of judgments, decisions, authentic
instruments, court settlements and agreements:
(a) Regulation (EU) No 1215/2012 shall apply to the recognition and enforcement of judgments given in legal proceedings
instituted before the end of the transition period, and to authentic instruments formally drawn up or registered and
court settlements approved or concluded before the end of the transition period;
(b) the provisions of Regulation (EC) No 2201/2003 regarding recognition and enforcement shall apply to judgments
given in legal proceedings instituted before the end of the transition period, and to documents formally drawn up or
registered as authentic instruments, and agreements concluded before the end of the transition period;
(c) the provisions of Regulation (EC) No 4/2009 regarding recognition and enforcement shall apply to decisions given in
legal proceedings instituted before the end of the transition period, and to court settlements approved or concluded,
and authentic instruments established before the end of the transition period;
(d) Regulation (EC) No 805/2004 of the European Parliament and of the Council (77) shall apply to judgments given in legal
proceedings instituted before the end of the transition period, and to court settlements approved or concluded and
authentic instruments drawn up before the end of the transition period, provided that the certification as a European
Enforcement Order was applied for before the end of the transition period.
3.
In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following
provisions shall apply as follows:
(a) Chapter IV of Regulation (EC) No 2201/2003 shall apply to requests and applications received by the central authority
or other competent authority of the requested State before the end of the transition period;
(b) Chapter VII of Regulation (EC) No 4/2009 shall apply to applications for recognition or enforcement as referred to in
point (c) of paragraph 2 of this Article and requests received by the central authority of the requested State before the
end of the transition period;
(c) Regulation (EU) 2015/848 of the European Parliament and of the Council (78) shall apply to insolvency proceedings,
and actions referred to in Article 6(1) of that Regulation, provided that the main proceedings were opened before the
end of the transition period;
(d) Regulation (EC) No 1896/2006 of the European Parliament and of the Council (79) shall apply to European payment
orders applied for before the end of the transition period; where, following such an application, the proceedings are
transferred according to Article 17(1) of that Regulation, the proceedings shall be deemed to have been instituted
before the end of the transition period;
(e) Regulation (EC) No 861/2007 of the European Parliament and of the Council (80) shall apply to small claims procedures
for which the application was lodged before the end of the transition period;
(f) Regulation (EU) No 606/2013 of the European Parliament and of the Council (81) shall apply to certificates issued
before the end of the transition period.
(77) Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement
Order for uncontested claims (OJ L 143, 30.4.2004, p. 15).
(78) Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141,
5.6.2015, p. 19).
(79) Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for
payment procedure (OJ L 399, 30.12.2006, p. 1).
(80) Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims
Procedure (OJ L 199, 31.7.2007, p. 1).
(81) Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection
measures in civil matters (OJ L 181, 29.6.2013, p. 4).
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Article 68
Ongoing judicial cooperation procedures
In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following acts shall
apply as follows:
(a) Regulation (EC) No 1393/2007 of the European Parliament and of the Council (82) shall apply to judicial and
extrajudicial documents which were received for the purposes of service before the end of the transition period by one
of the following:
(i) a receiving agency;
(ii) a central body of the State where the service is to be effected; or
(iii) diplomatic or consular agents, postal services or judicial officers, officials or other competent persons of the State
addressed, as referred to in Articles 13, 14 and 15 of that Regulation;
(b) Council Regulation (EC) No 1206/2001 (83) shall apply to requests received before the end of the transition period by
one of the following:
(i) a requested court;
(ii) a central body of the State where the taking of evidence is requested; or
(iii) a central body or competent authority referred to in Article 17(1) of that Regulation;
(c) Council Decision 2001/470/EC (84) shall apply to requests that were received before the end of the transition period; the
requesting contact point may request an acknowledgement of receipt within 7 days of the end of the transition period
where it has doubts as to whether the request was received before the end of the transition period.
Article 69
Other applicable provisions
1.
In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following acts
shall apply as follows:
(a) Council Directive 2003/8/EC (85) shall apply to applications for legal aid that were received by the receiving authority
before the end of the transition period. The requesting authority may request an acknowledgement of receipt within 7
days of the end of the transition period where it has doubts as to whether the request was received before that date;
(b) Directive 2008/52/EC of the European Parliament and of the Council (86) shall apply where, before the end of the
transition period:
(i) the parties agreed to use mediation after the dispute had arisen;
(ii) mediation was ordered by the court; or
(iii) a court invited the parties to use mediation;
(c) Council Directive 2004/80/EC (87) shall apply to applications received by the deciding authority before the end of the
transition period.
2.
Point (a) of paragraph 1 and point (a) of paragraph 2 of Article 67 of this Agreement shall also apply in respect of the
provisions of Regulation (EU) No 1215/2012 as applicable by virtue of the agreement between the European Community
and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial
matters (88).
(82) Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member
States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation
(EC) No 1348/2000 (OJ L 324, 10.12.2007, p. 79).
(83) Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of
evidence in civil or commercial matters (OJ L 174, 27.6.2001, p. 1).
(84) Council Decision 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (OJ L 174,
27.6.2001, p. 25).
(85) Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross‐border disputes by establishing minimum
common rules relating to legal aid for such disputes (OJ L 26, 31.1.2003, p. 41).
(86) Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and
commercial matters (OJ L 136, 24.5.2008, p. 3).
(87) Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ L 261, 6.8.2004, p. 15).
(88) OJ L 299, 16.11.2005, p. 62.
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3.
Point (a) of Article 68 of this Agreement shall also apply with regard to the provisions of Regulation (EC) No
1393/2007 as applicable by virtue of the agreement between the European Community and the Kingdom of Denmark on
the service of judicial and extrajudicial documents in civil and commercial matters (89).
TITLE VII
DATA AND INFORMATION PROCESSED OR OBTAINED BEFORE THE END OF THE TRANSITION PERIOD, OR ON THE
BASIS OF THIS AGREEMENT
Article 70
Definition
For the purposes of this Title, "Union law on the protection of personal data" means:
(a) Regulation (EU) 2016/679, with the exception of Chapter VII thereof;
(b) Directive (EU) 2016/680 of the European Parliament and of the Council (90);
(c) Directive 2002/58/EC of the European Parliament and of the Council (91);
(d) any other provisions of Union law governing the protection of personal data.
Article 71
Protection of personal data
1.
Union law on the protection of personal data shall apply in the United Kingdom in respect of the processing of
personal data of data subjects outside the United Kingdom, provided that the personal data:
(a) were processed under Union law in the United Kingdom before the end of the transition period; or
(b) are processed in the United Kingdom after the end of the transition period on the basis of this Agreement.
2.
Paragraph 1 shall not apply to the extent the processing of the personal data referred to therein is subject to an
adequate level of protection as established in applicable decisions under Article 45(3) of Regulation (EU) 2016/679 or
Article 36(3) of Directive (EU) 2016/680.
3.
To the extent that a decision referred to in paragraph 2 has ceased to be applicable, the United Kingdom shall ensure a
level of protection of personal data essentially equivalent to that under Union law on the protection of personal data in
respect of the processing of personal data of data subjects referred to in paragraph 1.
(89) OJ L 300 17.11.2005, p. 55.
(90) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with
regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or
prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing
Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
(91) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and
the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201,
31.7.2002, p. 37).
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Article 72
Confidential treatment and restricted use of data and information in the United Kingdom
Without prejudice to Article 71, in addition to Union law on the protection of personal data, the provisions of Union law
on confidential treatment, restriction of use, storage limitation and requirement to erase data and information shall apply
in respect of data and information obtained by authorities or official bodies of or in the United Kingdom or by contracting
entities, as defined in Article 4 of Directive 2014/25/EU of the European Parliament and of the Council (92), that are of or in
the United Kingdom:
(a) before the end of the transition period; or
(b) on the basis of this Agreement.
Article 73
Treatment of data and information obtained from the United Kingdom
The Union shall not treat data and information obtained from the United Kingdom before the end of the transition period,
or obtained after the end of the transition period on the basis of this Agreement, differently from data and information
obtained from a Member State, on the sole ground of the United Kingdom having withdrawn from the Union.
Article 74
Information security
1.
The provisions of Union law on the protection of EU classified information and Euratom classified information shall
apply in respect of classified information that was obtained by the United Kingdom either before the end of the transition
period or on the basis of this Agreement or that was obtained from the United Kingdom by the Union or a Member State
either before the end of the transition period or on the basis of this Agreement.
2.
The obligations resulting from Union law regarding industrial security shall apply to the United Kingdom in cases
where the tendering, contracting or grant award procedure for the classified contract, classified subcontract or classified
grant agreement was launched before the end of the transition period.
3.
The United Kingdom shall ensure that cryptographic products that use classified cryptographic algorithms developed
under the control of, and evaluated and approved by the Crypto Approval Authority of a Member State or of the United
Kingdom, which have been approved by the Union by the end of the transition period and that are present in the United
Kingdom, are not transferred to a third country.
4.
Any requirements, limitations and conditions set out in the Union approval of cryptographic products shall apply to
those products.
(92) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in
the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
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TITLE VIII
ONGOING PUBLIC PROCUREMENT AND SIMILAR PROCEDURES
Article 75
Definition
For the purposes of this Title, "relevant rules" means the general principles of Union law applicable to the award of public
contracts, Directives 2009/81/EC (93), 2014/23/EU (94), 2014/24/EU (95) and 2014/25/EU (96) of the European Parliament
and of the Council, Regulations (EC) No 2195/2002 (97) and (EC) No 1370/2007 (98) of the European Parliament and of the
Council, Article 4 of Council Regulation (EEC) No 3577/92 (99), Articles 11 and 12 of Council Directive 96/67/EC (100),
Articles 16, 17 and 18 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council (101), Articles 6
and 7 of Regulation (EU) 2017/352 of the European Parliament and of the Council (102), and any other specific provisions
of Union law governing public procurement procedures.
Article 76
Rules applicable to ongoing procedures
1.
The relevant rules shall apply:
(a) without prejudice to point (b), in respect of procedures launched by contracting authorities or contracting entities from
the Member States or the United Kingdom under those rules before the end of the transition period and not yet
finalised on the last day of the transition period, including procedures using dynamic purchasing systems as well as
procedures for which the call for competition takes the form of a prior information notice or periodic indicative
notice or a notice on the existence of a qualification system; and
(b) in respect of the procedures referred to in Article 29(2), (3) and (4) of Directive 2009/81/EC, Article 33(2) to (5) of
Directive 2014/24/EU and Article 51(2) of Directive 2014/25/EU which relate to the performance of the following
framework agreements concluded by contracting authorities or contracting entities from the Member States or the
United Kingdom, including the award of contracts based on such framework agreements:
(i) framework agreements concluded before the end of the transition period that have neither expired nor been
terminated on the last day of the transition period; or
(ii) framework agreements concluded after the end of the transition period in accordance with a procedure that falls
under point (a) of this paragraph.
(93) Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the
award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence
and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8, 2009, p. 76).
(94) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L
94, 28.3.2014, p. 1).
(95) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing
Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
(96) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in
the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
(97) Regulation (EC) No 2195/2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement
Vocabulary (CPV) (OJ L 340, 16.12.2002, p. 1).
(98) Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport
services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ L 315, 3.12.2007, p. 1).
(99) Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime
transport within Member States (maritime cabotage) (OJ L 364, 12.12.1992, p. 7).
(100) Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ L 272,
25.10.1996, p. 36).
(101) Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the
operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).
(102) Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the
provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1).
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2.
Without prejudice to the application of any restriction in accordance with Union law, the non‐discrimination
principle shall be complied with by contracting authorities and contracting entities with regard to tenderers or, as
applicable, persons who are otherwise entitled to submit applications, from the Member States and the United Kingdom in
relation to the procedures referred to in paragraph 1.
3.
A procedure referred to in paragraph 1 shall be considered to have been launched when a call for competition or any
other invitation to submit applications has been made in accordance with the relevant rules. Where the relevant rules allow
for the use of procedures that do not require the use of a call for competition or other invitations to submit applications, the
procedure shall be considered to have been launched when the contracting authority or contracting entity contacted
economic operators in relation to the specific procedure.
4.
A procedure referred to in paragraph 1 shall be considered finalised:
(a) upon publication of a contract award notice in accordance with the relevant rules or, where those rules do not require
the publication of a contract award notice, upon conclusion of the relevant contract; or
(b) upon informing tenderers or persons otherwise entitled to submit applications, as the case may be, of the reasons why
the contract was not awarded, if the contracting authority or contracting entity decided not to award a contract.
5.
This Article shall not affect Union or United Kingdom rules on customs, the movement of goods, the provision of
services, the recognition of professional qualifications or intellectual property.
Article 77
Review procedures
Council Directives 89/665/EEC (103) and 92/13/EEC (104) shall apply in respect of the public procurement procedures
referred to in Article 76 of this Agreement which fall within the scope of those Directives.
Article 78
Cooperation
By way of derogation from Article 8 of this Agreement, Article 61(2) of Directive 2014/24/EU shall apply for a period not
exceeding 9 months from the end of the transition period in respect of the procedures under that Directive that were
launched by contracting authorities from the United Kingdom before the end of the transition period and were not yet
finalised on the last day of the transition period.
TITLE IX
EURATOM RELATED ISSUES
Article 79
Definitions
For the purposes of this Title, the following definitions shall apply:
(a) "Community" means the European Atomic Energy Community;
(b) "safeguards" means activities to verify that nuclear material and equipment are not diverted from their intended use as
declared by the users and activities to verify that international legal obligations to use nuclear material and equipment
for peaceful purposes are honoured;
(103) Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions
relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p.
33).
(104) Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the
application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommu-
nications sectors (OJ L 76, 23.3.1992, p. 14).
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(c) "special fissile materials" means special fissile materials as defined in point (1) of Article 197 of the Euratom Treaty;
(d) "ores" means ores as defined in point (4) of Article 197 of the Euratom Treaty;
(e) "source materials" means source materials as defined in point (3) of Article 197 of the Euratom Treaty;
(f) "nuclear material" means ores, source materials and special fissile materials;
(g) "spent fuel" and "radioactive waste" mean spent fuel and radioactive waste as defined in points (7) and (11) of Article3
of Council Directive 2011/70/Euratom (105).
Article 80
End of Community responsibility for matters related to the United Kingdom
1.
The United Kingdom shall have sole responsibility for ensuring that all ores, source materials and special fissile
materials covered by the Euratom Treaty and present on the territory of the United Kingdom at the end of the transition
period are handled in accordance with relevant and applicable international treaties and conventions, including but not
limited to international treaties and conventions on nuclear safety, safeguards, non-proliferation and physical protection of
nuclear materials, and international treaties and conventions on safety of spent fuel management and the safety of
radioactive waste management.
2.
The United Kingdom shall have sole responsibility for ensuring its compliance with international obligations arising
as a consequence of its membership of the International Atomic Energy Agency or as a consequence of the Treaty on the
Non-Proliferation of Nuclear Weapons or any other relevant international treaties or conventions to which the United
Kingdom is a party.
Article 81
Safeguards
The United Kingdom shall implement a safeguards regime. This safeguards regime shall apply a system offering equivalent
effectiveness and coverage as that provided by the Community in the territory of the United Kingdom in line with the
Agreement between the United Kingdom of Great Britain and Northern Ireland, the European Atomic Energy Community
and the International Atomic Energy Agency for the Application of Safeguards in the United Kingdom of Great Britain and
Northern Ireland in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons [INFCIRC/263], as amended.
Article 82
Specific obligations under international agreements
The United Kingdom shall ensure that any specific obligations under agreements concluded by the Community with third
countries or international organisations in relation to any nuclear equipment, nuclear material or other nuclear items
present on the territory of the United Kingdom at the end of the transition period are fulfilled, or otherwise identify
appropriate arrangements in agreement with the third country or international organisation concerned.
Article 83
Ownership and rights of use and consumption of special fissile materials in the United Kingdom
1.
Special fissile materials present on the territory of the United Kingdom in respect of which Article 86 of the Euratom
Treaty applied until the end of the transition period shall cease to be the property of the Community at the end of the
transition period.
(105) Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management
of spent fuel and radioactive waste (OJ L 199, 2.8.2011, p. 48).
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2.
Special fissile materials referred to in paragraph 1 shall become the property of the persons or undertakings that had
unlimited right of use and consumption of those materials at the end of the transition period in accordance with Article 87
of the Euratom Treaty.
3.
Where the right of use and consumption of special fissile materials referred to in paragraph 2 ("materials concerned")
is with a Member State, or with persons or undertakings established in the territory of a Member State, in order to protect
the integrity of the common supply policy established under Chapter 6 of Title II of the Euratom Treaty and of the nuclear
common market established under Chapter 9 of that Title, including with regard to the level of safeguards applicable to the
materials concerned, the following shall apply:
(a) having regard to Article 5 of this Agreement, the Community shall have the right to require that the materials
concerned be deposited with the Agency established under point (b) of Article 52(2) of the Euratom Treaty or in other
stores which are or can be supervised by the European Commission;
(b) the Community shall have the right to conclude contracts relating to the supply of the materials concerned to any
person or undertaking established in the territory of the United Kingdom or in a third country in accordance with
Article 52(2) of the Euratom Treaty;
(c) Article 20 of Commission Regulation (Euratom) No 302/2005 (106), with the exception of points (b) and (c) of
paragraph 1, shall apply in respect of the materials concerned;
(d) the export of the materials concerned to a third country shall be authorised by the competent authorities of the
Member State in which the person or undertaking with the right to use and consume the materials concerned is
established in accordance with Article 9(2) of Council Regulation (EC) No 428/2009 (107);
(e) in respect of the materials concerned, the Community shall have the right to exert any other rights arising under the
Euratom Treaty from ownership pursuant to Article 86 of that Treaty.
4.
Member States, persons or undertakings that have the unlimited right of use and consumption of special fissile
materials present on the territory of the United Kingdom at the end of the transition period shall retain that right.
Article 84
Equipment and other property related to the provision of safeguards
1.
Community equipment and other property related to the provision of safeguards under the Euratom Treaty located in
the United Kingdom at the end of the transition period, as set out at Annex V, shall become the property of the United
Kingdom. The United Kingdom shall reimburse to the Union the value of that equipment and other property, the
calculation of which shall be based on the value assigned to that equipment and other property in the consolidated
accounts for the year 2020.
2.
The United Kingdom shall assume all of the Community's rights, liabilities and obligations associated with the
equipment and other property referred to in paragraph 1.
Article 85
Spent fuel and radioactive waste
Article 4(1) and (2) and the first subparagraph of Article 4(4) of Directive 2011/70/Euratom shall apply in respect of the
United Kingdom's ultimate responsibility for spent fuel and radioactive waste that was generated in the United Kingdom
and is present on the territory of a Member State at the end of the transition period.
(106) Commission Regulation (Euratom) No 302/2005 of 8 February 2005 on the application of Euratom safeguards (OJ L 54, 28.2.2005,
p. 1).
(107) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering
and transit of dual-use items (OJ L 134, 29.5.2009, p. 1).
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TITLE X
UNION JUDICIAL AND ADMINISTRATIVE PROCEDURES
Chapter 1
JU D ICIAL PRO CEDUR ES
Article 86
Pending cases before the Court of Justice of the European Union
1.
The Court of Justice of the European Union shall continue to have jurisdiction in any proceedings brought by or
against the United Kingdom before the end of the transition period. Such jurisdiction shall apply to all stages of
proceedings, including appeal proceedings before the Court of Justice and proceedings before the General Court where the
case is referred back to the General Court.
2.
The Court of Justice of the European Union shall continue to have jurisdiction to give preliminary rulings on requests
from courts and tribunals of the United Kingdom made before the end of the transition period.
3.
For the purposes of this Chapter, proceedings shall be considered as having been brought before the Court of Justice
of the European Union, and requests for preliminary rulings shall be considered as having been made, at the moment at
which the document initiating the proceedings has been registered by the registry of the Court of Justice or the General
Court, as the case may be.
Article 87
New cases before the Court of Justice
1.
If the European Commission considers that the United Kingdom has failed to fulfil an obligation under the Treaties or
under Part Four of this Agreement before the end of the transition period, the European Commission may, within 4 years
after the end of the transition period, bring the matter before the Court of Justice of the European Union in accordance
with the requirements laid down in Article 258 TFEU or the second subparagraph of Article 108(2) TFEU, as the case may
be. The Court of Justice of the European Union shall have jurisdiction over such cases.
2.
If the United Kingdom does not comply with a decision referred to in Article 95(1) of this Agreement, or fails to give
legal effect in the United Kingdom's legal order to a decision, as referred to in that provision, that was addressed to a natural
or legal person residing or established in the United Kingdom, the European Commission may, within 4 years from the date
of the decision concerned, bring the matter to the Court of Justice of the European Union in accordance with the
requirements laid down in Article 258 TFEU or the second subparagraph of Article 108(2) TFEU, as the case may be. The
Court of Justice of the European Union shall have jurisdiction over such cases.
3.
In deciding to bring matters under this Article, the European Commission shall apply the same principles in respect
of the United Kingdom as in respect of any Member State.
Article 88
Procedural rules
The provisions of Union law governing the procedure before the Court of Justice of the European Union shall apply in
respect of the proceedings and requests for preliminary rulings referred to in this Title.
Article 89
Binding force and enforceability of judgments and orders
1.
Judgments and orders of the Court of Justice of the European Union handed down before the end of the transition
period, as well as such judgments and orders handed down after the end of the transition period in proceedings referred to
in Articles 86 and 87, shall have binding force in their entirety on and in the United Kingdom.
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2.
If, in a judgment referred to in paragraph 1, the Court of Justice of the European Union finds that the United Kingdom
has failed to fulfil an obligation under the Treaties or this Agreement, the United Kingdom shall take the necessary measures
to comply with that judgment.
3.
Articles 280 and 299 TFEU shall apply in the United Kingdom in respect of the enforcement of the judgments and
orders of the Court of Justice of the European Union referred to in paragraph 1 of this Article.
Article 90
Right to intervene and participate in the procedure
Until the judgments and orders of the Court of Justice of the European Union in all proceedings and requests for
preliminary rulings referred to in Article 86 have become final, the United Kingdom may intervene in the same way as a
Member State or, in the cases brought before the Court of Justice of the European Union in accordance with Article 267
TFEU, participate in the procedure before the Court of Justice of the European Union in the same way as a Member State.
During that period, the Registrar of the Court of Justice of the European Union shall notify the United Kingdom, at the
same time and in the same manner as the Member States, of any case referred to the Court of Justice of the European
Union for a preliminary ruling by a court or tribunal of a Member State.
The United Kingdom may also intervene or participate in the procedure before the Court of Justice of the European Union
in the same way as a Member State:
(a) in relation to cases which concern a failure to fulfil obligations under the Treaties, where the United Kingdom was
subject to the same obligations before the end of the transition period, and where such cases are brought before the
Court of Justice of the European Union in accordance with Articles 258 TFEU before the end of the period referred to
in Article 87(1) or, as the case may be, until the moment, after the end of that period, at which the last judgment or
order rendered by the Court of Justice of the European Union on the basis of Article 87(1) has become final;
(b) in relation to cases which concern acts or provisions of Union law which were applicable before the end of the
transition period to and in the United Kingdom and which are brought before Court of Justice of the European Union
in accordance with Article 267 TFEU before the end of the period referred to in Article 87(1) or, as the case may be,
until the moment, after the end of that period, at which the last judgment or order rendered by the Court of Justice on
the basis of Article 87(1) has become final; and
(c) in relation to the cases referred to in Article 95(3).
Article 91
Representation before the Court
1.
Without prejudice to Article 88, where, before the end of the transition period, a lawyer authorised to practise before
the courts or tribunals of the United Kingdom represented or assisted a party in proceedings before the Court of Justice of
the European Union or in relation to requests for preliminary rulings made before the end of the transition period, that
lawyer may continue to represent or assist that party in those proceedings or in relation to those requests. This right shall
apply to all stages of proceedings, including appeal proceedings before the Court of Justice and proceedings before the
General Court after a case has been referred back to it.
2.
Without prejudice to Article 88, lawyers authorised to practise before the courts or tribunals of the United Kingdom
may represent or assist a party before the Court of Justice of the European Union in the cases referred to in Article 87 and
Article 95(3). Lawyers authorised to practise before the courts or tribunals of the United Kingdom may also represent or
assist the United Kingdom in the proceedings covered by Article 90 in which the United Kingdom has decided to intervene
or participate.
3.
When representing or assisting a party before the Court of Justice of the European Union in the cases referred to in
paragraphs 1 and 2, lawyers authorised to practise before the courts or tribunals of the United Kingdom shall in every
respect be treated as lawyers authorised to practise before courts or tribunals of Member States representing or assisting a
party before the Court of Justice of the European Union.
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Chapter 2
ADMINI ST RATIVE PRO CED UR ES
Article 92
Ongoing administrative procedures
1.
The institutions, bodies, offices and agencies of the Union shall continue to be competent for administrative
procedures which were initiated before the end of the transition period concerning:
(a) compliance with Union law by the United Kingdom, or by natural or legal persons residing or established in the United
Kingdom; or
(b) compliance with Union law relating to competition in the United Kingdom.
2.
Without prejudice to paragraph 3, for the purposes of this Chapter an administrative procedure shall be considered as
having been initiated at the moment at which it has been formally registered with the Union institution, body, office or
agency.
3.
For the purposes of this Chapter:
(a) an administrative procedure on State aid governed by Council Regulation (EU) 2015/1589 (108) shall be considered as
having been initiated at the moment at which the procedure has been allocated a case number;
(b) proceedings for the application of Article 101 or 102 TFEU conducted by the European Commission under Council
Regulation (EC) No 1/2003 (109) shall be considered as having been initiated at the moment at which the European
Commission has decided to initiate proceedings in accordance with Article 2(1) of Commission Regulation (EC) No
773/2004 (110);
(c) proceedings in connection with the control of concentrations between undertakings governed by Council Regulation
(EC) No 139/2004 (111) shall be considered as having been initiated at the moment at which:
(i) a concentration of Union dimension has been notified to the European Commission in accordance with Articles 1,
3 and 4 of Regulation (EC) No 139/2004;
(ii) the time limit of 15 working days referred to in Article 4(5) of Regulation (EC) No 139/2004 has expired without
any of the Member States competent to examine the concentration under their national competition law having
expressed its disagreement as regards the request to refer the case to the European Commission; or
(iii) the European Commission has decided, or is deemed to have decided, to examine the concentration in accordance
with Article 22(3) of Regulation (EC) No 139/2004;
(d) an investigation by the European Securities and Markets Authority of an alleged infringement listed in Annex III to
Regulation (EC) No 1060/2009 of the European Parliament and of the Council (112) or Annex I to Regulation (EU) No
648/2012 of the European Parliament and of the Council (113) shall be considered as having been initiated at the
moment at which that Authority has appointed an independent investigating officer in accordance with Article 23e(1)
of Regulation (EC) No 1060/2009 or Article 64(1) of Regulation (EU) No 648/2012.
4.
The Union shall provide the United Kingdom with a list of all individual ongoing administrative procedures that fall
within the scope of paragraph 1 within 3 months after the end of the transition period. By way of derogation from the
first sentence, in the case of individual ongoing administrative procedures of the European Banking Authority, the
European Securities and Markets Authority, and the European Insurance and Occupational Pensions Authority, the Union
shall provide the United Kingdom with a list of such ongoing administrative procedures within 1 month after the end of
the transition period.
(108) Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on
the Functioning of the European Union (OJ L 248, 24.9.2015, p. 9).
(109) Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles
81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).
(110) Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to
Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).
(111) Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24,
29.1.2004, p. 1).
(112) Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (OJ L
302, 17.11.2009, p. 1).
(113) Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central
counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).
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5.
In an administrative procedure on State aid governed by Regulation (EU) 2015/1589, the European Commission shall
be bound in relation to the United Kingdom by the applicable case law and best practices, as if the United Kingdom were
still a Member State. In particular, the European Commission shall, within a reasonable period of time, adopt one of the
following decisions:
(a) a decision finding that the measure does not constitute aid pursuant to Article 4(2) of Regulation (EU) 2015/1589;
(b) a decision not to raise objections pursuant to Article 4(3) of Regulation (EU) 2015/1589;
(c) a decision to initiate formal investigation proceedings pursuant to Article 4(4) of Regulation (EU) 2015/1589.
Article 93
New State aid and European Anti-Fraud Office procedures
1.
In respect of aid granted before the end of the transition period, for a period of 4 years after the end of the transition
period, the European Commission shall be competent to initiate new administrative procedures on State aid governed by
Regulation (EU) 2015/1589 concerning the United Kingdom.
The European Commission shall continue to be competent after the end of the 4-year period for procedures initiated before
the end of that period.
Article 92(5) of this Agreement shall apply mutatis mutandis.
The European Commission shall inform the United Kingdom of any new administrative proceedings on State aid initiated
under the first subparagraph of this paragraph within 3 months of initiating it.
2.
Without prejudice to Articles 136 and 138 of this Agreement, for a period of 4 years after the end of the transition
period, the European Anti-Fraud Office (OLAF) shall be competent to initiate new investigations governed by Regulation
(EU, Euratom) No 883/2013 of the European Parliament and of the Council (114) in respect of:
(a) facts that occurred before the end of the transition period; or
(b) any customs debt arising after the end of the transition period from the discharge procedures referred to in Article 49
(1) of this Agreement.
OLAF shall continue to be competent after the end of the 4-year period for procedures initiated before the end of that
period.
OLAF shall inform the United Kingdom of any new investigation initiated under the first subparagraph of this paragraph
within 3 months of initiating that investigation.
Article 94
Procedural rules
1.
The provisions of Union law governing the different types of administrative procedures covered by this Chapter shall
apply to the procedures referred to in Articles 92, 93 and 96.
2.
When representing or assisting a party in relation to the administrative procedures referred to in Articles 92 and 93,
the lawyers authorised to practise before the courts or tribunals of the United Kingdom shall in every respect be treated as
lawyers authorised to practise before courts or tribunals of Member States who represent or assist a party in relation to such
administrative procedures.
(114) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning
investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European
Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
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3.
Article 128(5) shall apply to the extent necessary for any procedures referred to in Articles 92 and 93 after the end of
the transition period.
Article 95
Binding force and enforceability of decisions
1.
Decisions adopted by institutions, bodies, offices and agencies of the Union before the end of the transition period, or
adopted in the procedures referred to in Articles 92 and 93 after the end of the transition period, and addressed to the
United Kingdom or to natural and legal persons residing or established in the United Kingdom, shall be binding on and in
the United Kingdom.
2.
Unless otherwise agreed between the European Commission and the designated national competition authority of the
United Kingdom, the European Commission shall continue to be competent to monitor and enforce commitments given or
remedies imposed in, or in relation to, the United Kingdom in connection with any proceedings for the application of
Articles 101 or 102 TFEU conducted by the European Commission under Regulation (EC) No 1/2003 or proceedings
conducted by the European Commission under Regulation (EC) No 139/2004 in connection with the control of
concentrations between undertakings. If so agreed between the European Commission and the designated national
competition authority of the United Kingdom, the European Commission shall transfer the monitoring and enforcement
of such commitments or remedies in the United Kingdom to the designated national competition authority of the United
Kingdom.
3.
The legality of a decision referred to in paragraph 1 of this Article shall be reviewed exclusively by the Court of Justice
of the European Union in accordance with Article 263 TFEU.
4.
Article 299 TFEU shall apply in the United Kingdom in respect of the enforcement of decisions referred to in
paragraph 1 of this Article that impose pecuniary obligations on natural and legal persons residing or established in the
United Kingdom.
Article 96
Other ongoing procedures and reporting obligations
1.
Technical examinations conducted by United Kingdom Examination Offices in cooperation with the Community
Plant Variety Office pursuant to Regulation (EC) No 2100/94 which were ongoing on the day before the date of entry into
force of this Agreement shall continue and be concluded in compliance with that Regulation.
2.
Article 12(2a) and (3) and Articles 14, 15 and 16 of Directive 2003/87/EC of the European Parliament and of the
Council (115) shall apply to and in the United Kingdom in respect of greenhouse gases emitted during the last year of the
transition period.
3.
Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council (116) and Articles 26 and
27 of Regulation (EC) No 1005/2009 of the European Parliament and of the Council (117) shall apply to and in the United
Kingdom in respect of data reporting for the last year of the transition period.
(115) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas
emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
(116) Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and
repealing Regulation (EC) No 842/2006 (OJ L 150, 20.5.2014, p. 195).
(117) Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the
ozone layer (OJ L 286, 31.10.2009, p. 1).
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4.
Article 8(1), (2), (3) and (7) of Regulation (EC) 443/2009 of the European Parliament and of the Council (118), and
Annex II to that Regulation, and Article 8(1), (2), (3), (8) and (10) of Regulation (EU) 510/2011 of the European
Parliament and of the Council (119), and Annex II to that Regulation, as well as Articles 2 to 5, 7 and 8(2) and (3) of
Commission Regulation (EU) No 1014/2010 and Articles 3 to 6 and 8 and Article 9(2) and (3) of Commission
Implementing Regulation (EU) No 293/2012 (120) shall apply to and in the United Kingdom in respect of the monitoring
and reporting of relevant vehicle carbon dioxide emissions during the last year of the transition period.
5.
Articles 5, 7, 9 and 10, Article 11(3), points (a) and (d) of Article 17(1), and Articles 19, 22 and 23 of Regulation (EU)
No 525/2013 of the European Parliament and of the Council (121) and Articles 3, 7 and 11 of Decision No 406/2009/EC of
the European Parliament and of the Council (122) shall apply to the United Kingdom in respect of greenhouse gases emitted
during 2019 and 2020, and Article 5 of Commission Regulation (EU) No 389/2013 (123) shall apply to the United Kingdom
until the closure of the second commitment period of the Kyoto Protocol.
6.
By way of derogation from Article 8 of this Agreement:
(a) to the extent necessary to comply with paragraphs 2, 4 and 5 of this Article, the United Kingdom and operators in the
United Kingdom shall have access to:
(i) the Union Registry and the United Kingdom's Kyoto Protocol Registry established by Regulation (EU) No
389/2013; and
(ii) the Central Data Repository of the European Environment Agency as provided for by Regulation (EU) No
1014/2010, Implementing Regulation (EU) No 293/2012 and Commission Implementing Regulation (EU) No
749/2014 (124);
(b) to the extent necessary to comply with paragraph 3 of this Article undertakings in the United Kingdom shall have
access to:
(i) the reporting tool based on the format set out in the Annex to Commission Implementing Regulation (EU) No
1191/2014 (125) for the purposes of managing and reporting on fluorinated greenhouse gases; and
(ii) the Business Data Repository used for reporting by undertakings under Article 27 of Regulation (EC) No
1005/2009.
Upon a request from the United Kingdom, for a period ending one year after the end of the transition period, the Union
shall provide the necessary information for the United Kingdom to:
(a) comply with its reporting obligations under Article 7 of the Montreal Protocol on Substances that Deplete the Ozone
Layer; and
(b) apply penalties in accordance with Article 25 of Regulation (EU) No 517/2014 and Article 29 of Regulation (EC) No
1005/2009.
(118) Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance
standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles
(OJ L 140, 5.6.2009, p. 1).
(119) Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance
standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty
vehicles (OJ L 145, 31.5.2011, p. 1).
(120) Commission Implementing Regulation (EU) No 293/2012 of 3 April 2012 on monitoring and reporting of data on the registration
of new light commercial vehicles pursuant to Regulation (EU) No 510/2011 of the European Parliament and of the Council (OJ L 98,
4.4.2012, p. 1).
(121) Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and
reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and
repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13).
(122) Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce
their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020 (OJ L 140,
5.6.2009, p. 136).
(123) Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the
European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the
Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011 (OJ L 122, 3.5.2013, p. 1).
(124) Commission Implementing Regulation (EU) No 749/2014 of 30 June 2014 on structure, format, submission processes and review of
information reported by Member States pursuant to Regulation (EU) No 525/2013 of the European Parliament and of the Council
(OJ L 203, 11.7.2014, p. 23).
(125) Commission Implementing Regulation (EU) No 1191/2014 of 30 October 2014 determining the format and means for submitting
the report referred to in Article 19 of Regulation (EU) No 517/2014 of the European Parliament and of the Council on fluorinated
greenhouse gases (OJ L 318, 5.11.2014, p. 5).
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Article 97
Representation in ongoing proceedings before the European Union Intellectual Property Office
Where, before the end of the transition period, a person who is authorised to represent a natural or legal person before the
European Union Intellectual Property Office in accordance with Union law was representing a party in a procedure brought
before that Office, that representative may continue to represent that party in that procedure. This right shall apply to all
stages of the procedure before that Office.
When representing a party before the European Union Intellectual Property Office in the proceedings referred to in the first
subparagraph, such representative shall in every respect be treated as a professional representative authorised to represent a
natural or legal person before the European Union Intellectual Property Office in accordance with Union law.
TITLE XI
ADMINISTRATIVE COOPERATION PROCEDURES BETWEEN MEMBER STATES AND THE UNITED KINGDOM
Article 98
Administrative cooperation for customs
1.
Administrative cooperation procedures between a Member State and the United Kingdom set out in Annex VI that
were launched in accordance with Union law before the end of the transition period shall be completed by that Member
State and the United Kingdom in accordance with the relevant provisions of Union law.
2.
Administrative cooperation procedures between a Member State and the United Kingdom set out in Annex VI that are
launched within a period of 3 years after the end of the transition period but concern facts that occurred before the end of
the transition period shall be completed by that Member State and the United Kingdom in accordance with the relevant
provisions of Union law.
Article 99
Administrative cooperation for matters related to indirect tax
1.
Council Regulation (EU) No 904/2010 (126) shall apply until 4 years after the end of the transition period in respect of
cooperation between the competent authorities responsible for the application of the legislation on VAT in the Member
States and the United Kingdom in relation to transactions that took place before the end of the transition period and in
relation to transactions covered by Article 51(1) of this Agreement.
2.
Council Regulation (EU) No 389/2012 (127) shall apply until 4 years after the end of the transition period in respect of
cooperation between the competent authorities responsible for the application of the legislation on excise duties in the
Member States and the United Kingdom in relation to movements of excise goods that took place before the end of the
transition period and in relation to movements of excise goods covered by Article 52 of this Agreement.
3.
By way of derogation from Article 8, the United Kingdom shall have access, to the extent strictly necessary to exercise
its rights and comply with obligations under this Article, to the networks, information systems and databases listed in
Annex IV. The United Kingdom shall reimburse the Union for the actual costs incurred by the Union as a consequence of
facilitating that access. The Union shall communicate to the United Kingdom the amount of those costs by 31 March of
each year until the end of the period referred to in Annex IV. In the event that the communicated amount of the actual
costs incurred considerably diverges from the best estimates amount that was communicated by the Union to the United
Kingdom before the signature of this Agreement, the United Kingdom shall pay without delay to the Union the best
estimates amount and the Joint Committee shall determine the manner in which the difference between the actual costs
incurred and the best estimates amount is to be addressed.
(126) Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in the field of value
added tax (OJ L 268, 12.10.2010, p. 1).
(127) Council Regulation (EU) No 389/2012 of 2 May 2012 on administrative cooperation in the field of excise duties and repealing
Regulation (EC) No 2073/2004 (OJ L 121, 8.5.2012, p. 1).
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Article 100
Mutual assistance for the recovery of claims relating to taxes, duties and other measures
1.
Council Directive 2010/24/EU (128) shall apply until 5 years after the end of the transition period between the Member
States and the United Kingdom in respect of claims relating to amounts that became due before the end of the transition
period, claims relating to transactions that took place before the end of the transition period but where the amounts
became due after that period, and claims relating to transactions covered by Article 51(1) of this Agreement or
movements of excise goods covered by Article 52 of this Agreement.
2.
By way of derogation from Article 8, the United Kingdom shall have access, to the extent strictly necessary to exercise
its rights and comply with obligations under this Article, to the networks, information systems and databases listed in
Annex IV. The United Kingdom shall reimburse the Union for the actual costs incurred by the Union as a consequence of
facilitating that access. The Union shall communicate to the United Kingdom the amount of those costs by 31 March of
each year until the end of the period referred to in Annex IV. In the event that the communicated amount of the actual
costs incurred considerably diverges from the best estimates amount that was communicated by the Union to the United
Kingdom before the signature of this Agreement, the United Kingdom shall pay without delay to the Union the best
estimates amount and the Joint Committee shall determine the manner in which the difference between the actual costs
incurred and the best estimates amount is to be addressed.
TITLE XII
PRIVILEGES AND IMMUNITIES
Article 101
Definitions
1.
For the purposes of this Title, "members of the institutions" means, irrespective of their nationality, the President of
the European Council, the members of the European Commission, the Judges, the Advocates-General, the Registrars and
the Assistant Rapporteurs of the Court of Justice of the European Union, the members of the Court of Auditors, the
members of the organs of the European Central Bank, the members of the organs of the European Investment Bank, as
well as all other persons assimilated to any of those categories of persons under Union law for the purposes of Protocol
(No 7) on the Privileges and Immunities of the European Union ("Protocol on the Privileges and Immunities"). The term
"members of the institutions" does not include members of the European Parliament.
2.
Regulation (EURATOM, ECSC, EEC) No 549/69 of the Council (129) shall apply to determine the categories of officials
and other servants covered by Articles 110 to 113 of this Agreement.
Chapter 1
PRO P ERT Y, F U NDS , A SSET S AN D O PERAT IO NS O F T HE UNIO N
Article 102
Inviolability
Article 1 of the Protocol on the Privileges and Immunities shall apply in respect of premises, buildings, property and assets
of the Union in the United Kingdom used by the Union before the end of the transition period, until they are no longer in
official use or have been removed from the United Kingdom. The Union shall notify the United Kingdom when its
premises, buildings, property or assets are no longer in such use or have been removed from the United Kingdom.
(128) Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties
and other measures (OJ L 84, 31.3.2010, p. 1).
(129) Regulation (EURATOM, ECSC, EEC) No 549/69 of the Council of 25 March 1969 determining the categories of officials and other
servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of
the Protocol on the Privileges and Immunities of the Communities apply (OJ L 74, 27.3.1969, p. 1).
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Article 103
Archives
Article 2 of the Protocol on the Privileges and Immunities shall apply in respect of all archives of the Union in the United
Kingdom at the end of the transition period, until they have been removed from the United Kingdom. The Union shall
notify the United Kingdom of the removal of any of its archives from the United Kingdom.
Article 104
Taxation
Article 3 of the Protocol on the Privileges and Immunities shall apply in respect of the Union's assets, revenues and other
property in the United Kingdom at the end of the transition period, until they are no longer in official use or have been
removed from the United Kingdom.
Chapter 2
COMM UN ICATIO NS
Article 105
Communications
Article 5 of the Protocol on the Privileges and Immunities shall apply in the United Kingdom in respect of the official
communications, official correspondence, and transmission of documents in relation to activities of the Union pursuant to
this Agreement.
Chapter 3
M EMB ERS OF TH E EURO PEAN PAR LIA MENT
Article 106
Immunity of members of the European Parliament
Article 8 of the Protocol on the Privileges and Immunities shall apply in the United Kingdom in respect of opinions
expressed or votes cast before the end of the transition period by members of the European Parliament, including former
members, irrespective of their nationality, in the performance of their duties.
Article 107
Social security
Former members of the European Parliament, irrespective of their nationality, who draw a pension in that capacity, as well
as persons entitled to survivor's pensions as survivors of former members, irrespective of their nationality, shall be
exempted from obligatory affiliation to and payment into national social security systems in the United Kingdom, under
the same conditions as were applicable on the last day of the transition period, provided that the former members of the
European Parliament were members of the European Parliament before the end of the transition period.
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Article 108
Avoidance of double taxation on pensions and transitional allowances
Articles 12, 13 and 14 of Decision 2005/684/EC, Euratom of the European Parliament (130) shall apply in the United
Kingdom in respect of pensions and transitional allowances paid to former members of the European Parliament,
irrespective of their nationality, and Article 17 of that Decision shall apply in respect of persons entitled to survivor's
pensions as survivors of former members, irrespective of their nationality, to the extent that the entitlement to a pension
or transitional allowance was earned before the end of the transition period.
Chapter 4
R E P RE SE NTATI VES OF M EMB ER S TAT ES AND O F T HE UNIT ED KING DO M TA KING PART IN T HE
WO RK O F T HE INST ITUTIO NS O F TH E UNIO N
Article 109
Privileges, immunities and facilities
1.
Article 10 of the Protocol on the Privileges and Immunities shall apply in the United Kingdom in respect of
representatives of Member States and of the United Kingdom who take part in the work of the institutions, bodies, offices
and agencies of the Union, of their advisers and technical experts, and of members of the advisory bodies of the Union,
irrespective of their nationality, as regards their participation in such work:
(a) that took place before the end of the transition period;
(b) that takes place after the end of the transition period in connection with activities of the Union pursuant to this
Agreement.
2.
Article 10 of the Protocol on the Privileges and Immunities shall apply in the Union in respect of representatives of
the United Kingdom who take part in the work of the institutions, bodies, offices and agencies of the Union, and of their
advisers and technical experts, as regards their participation in such work:
(a) that took place before the end of the transition period;
(b) that takes place after the end of the transition period in connection with activities of the Union pursuant to this
Agreement.
Chapter 5
MEMB ERS OF THE IN ST IT UTIO NS, O FFICIA LS A ND OTH ER SERVA NTS
Article 110
Privileges and Immunities
1.
Article 11(a) of the Protocol on the Privileges and Immunities shall apply in the United Kingdom in respect of acts
performed, including in respect of their words spoken or written, by members of the institutions, officials and other
servants of the Union, including former members, former officials and former other servants, of any nationality, in their
official capacity:
(a) before the end of the transition period;
(b) after the end of the transition period in connection with activities of the Union pursuant to this Agreement.
(130) Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the
European Parliament (OJ L 262, 7.10.2005, p. 1).
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2.
The first, second and third paragraphs of Article 3 of Protocol (No 3) on the Statute of the Court of Justice of the
European Union shall apply in the United Kingdom in respect of the Judges of the Court of Justice of the European Union
and the Advocates-General until the decisions of the Court of Justice of the European Union in all proceedings and
requests for preliminary rulings referred to in Articles 86 and 87 of this Agreement have become final, and shall apply
thereafter, including in respect of former Judges and former Advocates-General, as regards all acts performed by them in
their official capacity, including words spoken or written, before the end of the transition period or in relation to the
proceedings referred to in Articles 86 and 87.
3.
Article 11(b) to (e) of the Protocol on the Privileges and Immunities shall apply in the United Kingdom in respect of
officials and other servants of the Union of any nationality, as well as in respect of their spouses and dependent members
of their families, irrespective of their nationality, if those officials or other servants entered the service of the Union before
the end of the transition period, until those persons have completed their relocation to the Union.
Article 111
Taxation
Article 12 of the Protocol on the Privileges and Immunities shall apply in the United Kingdom in respect of members of the
institutions, officials and other servants of the Union of any nationality, including former members, former officials and
former other servants, if those members, officials or other servants entered the service of the Union before the end of the
transition period, provided that the persons concerned are liable to pay tax for the benefit of the Union on the salaries,
wages, emoluments and pensions paid to them by the Union.
Article 112
Domicile for tax purposes
1.
Article 13 of the Protocol on the Privileges and Immunities shall apply in respect of members of the institutions,
officials and other servants of the Union of any nationality, who entered the service of the Union before the end of the
transition period, as well as, irrespective of their nationality, in respect of spouses not separately engaged in a gainful
occupation and children who are dependent on and in the care of such members, officials or other servants.
2.
Paragraph 1 shall apply only in respect of persons who established their residence in a Member State solely by reason
of the performance of their duties in the service of the Union and who had their domicile in the United Kingdom for tax
purposes at the time of entering the service of the Union, and in respect of persons who established their residence in the
United Kingdom solely by reason of the performance of their duties in the service of the Union and who had their
domicile for tax purposes in a Member State at the time of entering the service of the Union.
Article 113
Social security contributions
Members of the institutions, officials and other servants of the Union of any nationality, including former members, former
officials and former other servants, who entered the service of the Union before the end of the transition period and who
reside in the United Kingdom, as well as, irrespective of their nationality, spouses not separately engaged in a gainful
occupation and children who are dependent on and in the care of such members, officials or other servants, shall be
exempted from obligatory affiliation to and payment into national social security systems in the United Kingdom, under
the same conditions as were applicable on the last day of the transition period, provided that the persons concerned are
affiliated to the social security scheme of the Union.
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Article 114
Transfer of pension rights
In respect of officials and other servants of the Union of any nationality, including former officials and former other
servants, who entered the service of the Union before the end of the transition period and who seek to transfer pension
rights out of or into the United Kingdom pursuant to Article 11(1), (2) or (3) and Article 12 of Annex VIII to the Staff
Regulations of Officials of the European Union (131) or Articles 39, 109 and 135 of the Conditions of Employment of
Other Servants of the European Union, the obligations of the United Kingdom shall be the same as those existing before
the end of the transition period.
Article 115
Unemployment insurance
Articles 28a, 96, and 136 of the Conditions of Employment of Other Servants of the European Union shall apply in respect
of other servants of the Union of any nationality, including former other servants, who contributed to the Union's
unemployment scheme before the end of the transition period if they reside in the United Kingdom and are registered with
the unemployment authorities of the United Kingdom after the end of the transition period.
Chapter 6
OTH ER PROVISION S
Article 116
Waiver of immunities and cooperation
1.
Articles 17 and 18 of the Protocol on the Privileges and Immunities shall apply in respect of privileges, immunities
and facilities accorded by this Title.
2.
When taking a decision under Article 17 of the Protocol on the Privileges and Immunities on whether to waive
immunity upon the request of the authorities of the United Kingdom, the Union shall afford the same consideration as it
affords to requests from the authorities of the Member States in comparable situations.
3.
Upon the request of the authorities of the United Kingdom, the Union shall notify those authorities of the status of
any person which is relevant to that person's entitlement to a privilege or immunity under this Title.
Article 117
European Central Bank
1.
This Title shall apply in respect of the European Central Bank ("ECB"), the members of its organs, its staff, and the
representatives of the national central banks in the European System of Central Banks ("ESCB") who take part in the
activities of the ECB.
2.
The second paragraph of Article 22 of the Protocol on the Privileges and Immunities shall apply in respect of the ECB,
the members of its organs, its staff, the representatives of the national central banks in the ESCB who take part in the
activities of the ECB, and any property, assets and operations of the ECB in the United Kingdom held, managed or
conducted pursuant to Protocol (No 4) on the Statute of the European System of Central Banks and of the European
Central Bank.
3.
Paragraph 2 shall apply in respect of:
(a) such property and assets of the ECB that are held in the United Kingdom at the end of the transition period; and
(131) Staff Regulations of Officials of the European Union as laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 of
29 February 1968 laying down the Staff Regulations and the Conditions of Employment of Other Servants of the European
Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1).
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(b) such operations of the ECB in the United Kingdom or with United Kingdom counterparts, and ancillary activities
related thereto, that were ongoing at the end of the transition period, or that are initiated after the end of the transition
period as part of its activities to sustain operations that were ongoing at the end of the transition period, until their final
maturity, disposal or completion.
Article 118
European Investment Bank
1.
This Title shall apply in respect of the European Investment Bank ("EIB"), the members of its organs, its staff and the
representatives of the Member States who take part in its activities, as well as to any subsidiaries or any other entities
established by the EIB before the end of the transition period in accordance with Article 28(1) of Protocol (No 5) on the
Statute of the European Investment Bank, in particular the European Investment Fund.
2.
The second paragraph of Article 21 of the Protocol on the Privileges and Immunities shall apply in respect of the EIB,
the members of its organs, its staff and the representatives of the Member States who take part in its activities, as well as to
any subsidiaries or any other entities established by the EIB before the end of the transition period in accordance with
Article 28(1) of Protocol (No 5) on the Statute of the European Investment Bank, in particular the European Investment
Fund.
3.
Paragraph 2 shall apply in respect of:
(a) such property and assets of the EIB or of any subsidiaries and other entities established by the EIB before the end of the
transition period in accordance with Article 28(1) of Protocol (No 5) on the Statute of the European Investment Bank,
in particular the European Investment Fund, that are held in the United Kingdom at the end of the transition period;
and
(b) such borrowing, financing, guarantee, investment, treasury and technical assistance operations of the EIB and of any
subsidiaries and other entities established by the EIB before the end of the transition period in accordance with Article
28(1) of Protocol (No 5) on the Statute of the European Investment Bank, in particular the European Investment Fund,
in the United Kingdom or with United Kingdom counterparts, and ancillary activities related thereto, that were ongoing
at the end of the transition period or that are initiated after the end of the transition period, as part of their activities to
sustain operations that were ongoing at the end of the transition period until their final maturity, disposure, or
completion.
Article 119
Host agreements
The Headquarters Agreement between the United Kingdom and the European Banking Authority of 8 May 2012, the
Exchange of Letters concerning the Application in the United Kingdom of the Protocol on the Privileges and Immunities of
the European Communities to the European Agency for the Evaluation of Medicinal Products of 24 June 1996, and the
Agreement on the Hosting of the Galileo Security Monitoring Centre of 17 July 2013 shall apply, respectively, to the
European Banking Authority, the European Medicines Agency and the Galileo Security Monitoring Centre, until their
relocation to a Member State is completed. The date of notification by the Union of the completion date of the relocation
shall constitute the termination date of those host agreements.
TITLE XIII
OTHER ISSUES RELATING TO THE FUNCTIONING OF THE INSTITUTIONS, BODIES, OFFICES AND AGENCIES OF THE
UNION
Article 120
Obligation of professional secrecy
Article 339 TFEU and other provisions of Union law that impose an obligation of professional secrecy on certain
individuals and institutions, bodies, offices and agencies of the Union shall apply in the United Kingdom in respect of any
information of the kind covered by obligations of professional secrecy either obtained before the end of the transition
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period or obtained after the end of the transition period in connection with activities of the Union pursuant to this
Agreement. The United Kingdom shall respect such obligations of individuals and institutions, bodies, offices and agencies
and shall ensure that they are complied with in its territory.
Article 121
Obligation of professional discretion
Article 19 of the Staff Regulations of Officials of the European Union and other provisions of Union law that impose an
obligation of professional discretion on certain individuals shall apply in the United Kingdom in respect of any
information either obtained before the end of the transition period or obtained after the end of the transition period in
connection with activities of the Union pursuant to this Agreement. The United Kingdom shall respect such obligations of
individuals and shall ensure that they are complied with in its territory.
Article 122
Access to documents
1.
For the purposes of the provisions of Union law on access to documents of the institutions, bodies, offices and
agencies of the Union, all references to Member States and their authorities shall be understood as including the United
Kingdom and its authorities in respect of documents drawn up by or obtained by the institutions, bodies, offices and
agencies of the Union:
(a) before the end of the transition period; or
(b) after the end of the transition period in connection with activities of the Union pursuant to this Agreement.
2.
Article 5 and Article 9(5) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (132) and
Article 5 of Decision ECB/2004/3 of the European Central Bank (133) shall apply in the United Kingdom in respect of all
documents falling within the scope of those provisions obtained by the United Kingdom:
(a) before the end of the transition period; or
(b) after the end of the transition period in connection with activities of the Union pursuant to this Agreement.
Article 123
European Central Bank
1.
Articles 9.1, 17, 35.1, 35.2, and 35.4 of Protocol (No 4) on the Statute of the European System of Central Banks and
of the European Central Bank, shall apply in respect of the ECB, the members of its organs, its staff, the representatives of
the national central banks in the ESCB who take part in the activities of the ECB, and any property, assets and operations
of the ECB in the United Kingdom held, managed or conducted pursuant to that Protocol. The ECB shall be exempt from
requirements to register in the United Kingdom or to obtain any form of licence, permit or other authorisation or
permission from the United Kingdom to carry out its operations.
2.
Paragraph 1 shall apply in respect of:
(a) such property and assets of the ECB that are held in the United Kingdom at the end of the transition period; and
(b) such operations of the ECB in the United Kingdom or with United Kingdom counterparts, and ancillary activities
related thereto, that were ongoing at the end of the transition period, or that are initiated after the end of the transition
period as part of its activities to sustain operations that were ongoing at the end of the transition period, until their final
maturity, disposal or completion.
(132) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
(133) Decision of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3)
(2004/258/EC) (OJ L 80, 18.3.2004, p. 42).
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Article 124
European Investment Bank
1.
Article 13, Articles 20(2), 23(1), 23(4) and Article 26 and the first paragraph of Article 27 of Protocol (No 5) on the
Statute of the European Investment Bank shall apply in respect of the EIB, the members of its organs, its staff and the
representatives of the Member States who take part in its activities, as well as to any subsidiaries or any other entities
established by the EIB before the end of the transition period in accordance with Article 28(1) of that Protocol, in
particular the European Investment Fund. The EIB and the European Investment Fund shall be exempt from requirements
to register in the United Kingdom or to obtain any form of licence, permit or other authorisation or permission from the
United Kingdom to carry out their operations. The currency of the United Kingdom shall remain freely transferable and
convertible, subject to Article 23(2) of Protocol (No 5) on the Statute of the European Investment Bank in respect of the
convertibility of the currency of the United Kingdom into a currency of a non-Member State, for the purposes of such
operations.
2.
Paragraph 1 shall apply in respect of:
(a) such property and assets of the EIB or of any subsidiaries and other entities established by the EIB before the end of the
transition period in accordance with Article 28(1) of Protocol (No 5) on the Statute of the European Investment Bank,
in particular the European Investment Fund, that are held in the United Kingdom at the end of the transition period;
and
(b) such borrowing, financing, guarantee, investment, treasury and technical assistance operations of the EIB or of any
subsidiaries and other entities established by the EIB before the end of the transition period in accordance with Article
28(1) of Protocol (No 5) on the Statute of the European Investment Bank, in particular the European Investment Fund,
in the United Kingdom or with United Kingdom counterparts, and ancillary activities related thereto, that were ongoing
at the end of the transition period or that are initiated after the end of the transition period, as part of their activities to
sustain operations that were ongoing at the end of the transition period until their final maturity, disposure, or
completion.
Article 125
European Schools
1.
The United Kingdom shall be bound by the Convention defining the Statute of the European Schools (134), as well as
by the Regulations on Accredited European Schools adopted by the Board of Governors of the European Schools, until the
end of the school year that is ongoing at the end of the transition period.
2.
The United Kingdom shall, with respect to pupils who before 31 August 2021 acquired a European baccalaureate and
to pupils who are enrolled in a cycle of secondary studies in a European School before 31 August 2021 and acquire a
European baccalaureate after that date, ensure that such pupils enjoy the rights provided for in Article 5(2) of the
Convention defining the Statute of the European Schools.
PART FOUR
TRANSITION
Article 126
Transition period
There shall be a transition or implementation period, which shall start on the date of entry into force of this Agreement and
end on 31 December 2020.
(134) OJ L 212, 17.8.1994, p. 3.
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Article 127
Scope of the transition
1.
Unless otherwise provided in this Agreement, Union law shall be applicable to and in the United Kingdom during the
transition period.
However, the following provisions of the Treaties, and acts adopted by the institutions, bodies, offices or agencies of the
Union, shall not be applicable to and in the United Kingdom during the transition period:
(a) provisions of the Treaties and acts which, pursuant to Protocol (No 15) on certain provisions relating to the United
Kingdom of Great Britain and Northern Ireland, Protocol (No 19) on the Schengen acquis integrated into the
framework of the European Union or Protocol (No 21) on the position of the United Kingdom and Ireland in respect
of the area of freedom, security and justice, or pursuant to the provisions of the Treaties on enhanced cooperation,
were not binding upon and in the United Kingdom before the date of entry into force of this Agreement as well as acts
amending such acts;
(b) Article 11(4) TEU, point (b) of Article 20(2), Article 22 and the first paragraph of Article 24 TFEU, Articles 39 and 40
of the Charter of Fundamental Rights of the European Union, and the acts adopted on the basis of those provisions.
2.
In the event that the Union and the United Kingdom reach an agreement governing their future relationship in the
areas of the Common Foreign and Security Policy and the Common Security and Defence Policy which becomes
applicable during the transition period, Chapter 2 of Title V of the TEU and the acts adopted on the basis of those
provisions shall cease to apply to the United Kingdom from the date of application of that agreement.
3.
During the transition period, the Union law applicable pursuant to paragraph 1 shall produce in respect of and in the
United Kingdom the same legal effects as those which it produces within the Union and its Member States, and shall be
interpreted and applied in accordance with the same methods and general principles as those applicable within the Union.
4.
The United Kingdom shall not participate in any enhanced cooperation:
(a) in relation to which authorisation was granted after the date of entry into force of this Agreement; or
(b) within the framework of which no acts were adopted before the date of entry into force of this Agreement.
5.
During the transition period, in relation to measures which amend, build upon or replace an existing measure
adopted pursuant to Title V of Part Three of the TFEU by which the United Kingdom is bound before the date of entry into
force of this Agreement, Article 5 of Protocol (No 19) on the Schengen acquis integrated into the framework of the
European Union and Article 4a of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the
area of freedom, security and justice shall continue to apply mutatis mutandis. The United Kingdom shall not, however,
have the right to notify its wish to take part in the application of new measures pursuant to Title V of Part Three of the
TFEU other than those measures referred to in Article 4a of Protocol No 21.
In order to support continuing cooperation between the Union and the United Kingdom, under the conditions set out for
cooperation with third countries in the relevant measures, the Union may invite the United Kingdom to cooperate in
relation to new measures adopted under Title V of Part III TFEU.
6.
Unless otherwise provided in this Agreement, during the transition period, any reference to Member States in the
Union law applicable pursuant to paragraph 1, including as implemented and applied by Member States, shall be
understood as including the United Kingdom.
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7.
By way of derogation from paragraph 6:
(a) for the purposes of Article 42(6) and Article 46 TEU and of Protocol (No 10) on permanent structured cooperation
established by Article 42 TEU, any references to Member States shall be understood as not including the United
Kingdom. This shall not preclude the possibility for the United Kingdom to be invited to participate as a third country
in individual projects under the conditions set out in Council Decision (CFSP) 2017/2315 (135) on an exceptional basis,
or in any other form of cooperation to the extent allowed and under the conditions set out by future Union acts
adopted on the basis of Article 42(6) and Article 46 TEU;
(b) where acts of the Union provide for the participation of Member States, nationals of Member States or natural or legal
persons residing or established in a Member State in an information exchange, procedure or programme which
continues to be implemented or which starts after the end of the transition period, and where such participation
would grant access to security-related sensitive information that only Member States, nationals of Member States, or
natural or legal persons residing or established in a Member State, are to have knowledge of, in such exceptional
circumstances the references to Member States in such Union acts shall be understood as not including the United
Kingdom. The Union shall notify the United Kingdom of the application of this derogation;
(c) for the purposes of the recruitment of officials and other servants of the institutions, bodies, offices or agencies of the
Union, any references to Member States in Articles 27 and 28(a) of the Staff Regulations and in Article 1 of Annex X
thereto and in Articles 12, 82 and 128 of the Conditions of Employment of Other Servants of the European Union, or
in the relevant provisions of other staff rules applicable to those institutions, bodies, offices or agencies, shall be
understood as not including the United Kingdom.
Article 128
Institutional arrangements
1.
Notwithstanding Article 127, during the transition period Article 7 shall apply.
2.
For the purposes of the Treaties, during the transition period, the parliament of the United Kingdom shall not be
considered to be a national parliament of a Member State, except as regards Article 1 of Protocol (No 1) on the role of
national parliaments in the European Union and, in respect of proposals which are in the public domain, Article 2 of that
Protocol.
3.
During the transition period, provisions of the Treaties which grant institutional rights to Member States enabling
them to submit proposals, initiatives or requests to the institutions shall be understood as not including the United
Kingdom (136).
4.
For the purposes of participation in the institutional arrangements laid down in Articles 282 and 283 TFEU and in
Protocol (No 4) on the Statute of the European system of central banks and of the European Central Bank, with the
exception of Article 21(2) of that Protocol, during the transition period, the Bank of England shall not be considered to be
a national central bank of a Member State.
5.
By way of derogation from paragraph 1 of this Article and from Article 7, during the transition period,
representatives or experts of the United Kingdom, or experts designated by the United Kingdom, may, upon invitation,
exceptionally attend meetings or parts of meetings of the committees referred to in Article 3(2) of Regulation (EU)
No 182/2011, meetings or parts of meetings of Commission expert groups, meetings or parts of meetings of other similar
entities, and meetings or parts of meetings of bodies, offices or agencies, where and when representatives or experts of the
Member States or experts designated by Member States take part, provided that one of the following conditions is fulfilled:
(a) the discussion concerns individual acts to be addressed during the transition period to the United Kingdom or to
natural or legal persons residing or established in the United Kingdom;
(135) Council Decision (CFSP) 2017/2315 of 11 December 2017 establishing permanent structured cooperation (PESCO) and determining
the list of participating Member States (OJ L 331, 14.12.2017, p. 57).
(136) This should in particular concern Articles 7, 30, 42(4), 48(2) to (6) and 49 TEU and Articles 25, 76(b), 82(3), 83(3), 86(1), 87(3),
135, 218(8), 223(1), 262, 311 and 341 TFEU.
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(b) the presence of the United Kingdom is necessary and in the interest of the Union, in particular for the effective
implementation of Union law during the transition period.
During such meetings or parts of meetings, the representatives or experts of the United Kingdom or experts designated by
the United Kingdom shall have no voting rights and their presence shall be limited to the specific agenda items that fulfil the
conditions set out in point (a) or (b).
6.
During the transition period, the United Kingdom shall not act as leading authority for risk assessments,
examinations, approvals or authorisations at the level of the Union or at the level of Member States acting jointly as
referred to in the acts and provisions listed in Annex VII.
7.
During the transition period, where draft Union acts identify or refer directly to specific Member State authorities,
procedures, or documents, the United Kingdom shall be consulted by the Union on such drafts, with a view to ensuring
the proper implementation and application of those acts by and in the United Kingdom.
Article 129
Specific arrangements relating to the Union's external action
1.
Without prejudice to Article 127(2), during the transition period, the United Kingdom shall be bound by the
obligations stemming from the international agreements concluded by the Union, by Member States acting on its behalf,
or by the Union and its Member States acting jointly, as referred to in point (a)(iv) of Article 2. (*)
2.
During the transition period, representatives of the United Kingdom shall not participate in the work of any bodies
set up by international agreements concluded by the Union, or by Member States acting on its behalf, or by the Union and
its Member States acting jointly, unless:
(a) the United Kingdom participates in its own right; or
(b) the Union exceptionally invites the United Kingdom to attend, as part of the Union's delegation, meetings or parts of
meetings of such bodies, where the Union considers that the presence of the United Kingdom is necessary and in the
interest of the Union, in particular for the effective implementation of those agreements during the transition period;
such presence shall only be allowed where Member States participation is permitted under the applicable agreements.
3.
In accordance with the principle of sincere cooperation, the United Kingdom shall refrain, during the transition
period, from any action or initiative which is likely to be prejudicial to the Union's interests, in particular in the framework
of any international organisation, agency, conference or forum of which the United Kingdom is a party in its own right.
4.
Notwithstanding paragraph 3, during the transition period, the United Kingdom may negotiate, sign and ratify
international agreements entered into in its own capacity in the areas of exclusive competence of the Union, provided
those agreements do not enter into force or apply during the transition period, unless so authorised by the Union.
5.
Without prejudice to Article 127(2), whenever there is a need for coordination, the United Kingdom may be
consulted, on a case-by-case basis.
6.
Following a decision of the Council falling under Chapter 2 of Title V TEU, the United Kingdom may make a formal
declaration to the High Representative of the Union for Foreign Affairs and Security Policy, indicating that, for vital and
stated reasons of national policy, in those exceptional cases it will not apply the decision. In a spirit of mutual solidarity,
the United Kingdom shall refrain from any action likely to conflict with or impede Union action based on that decision,
and the Member States shall respect the position of the United Kingdom.
7.
During the transition period, the United Kingdom shall not provide commanders of civilian operations, heads of
mission, operation commanders or force commanders for missions or operations conducted under Articles 42, 43 and 44
TEU, nor shall it provide the operational headquarters for such missions or operations, or serve as framework nation for
Union battlegroups. During the transition period, the United Kingdom shall not provide the head of any operational
actions under Article 28 TEU.
(*) The Union will notify the other parties to these agreements that during the transition period the United Kingdom is to be treated as a
Member State for the purposes of these agreements.
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Article 130
Specific arrangements relating to fishing opportunities
1.
As regards the fixing of fishing opportunities within the meaning of Article 43(3) TFEU for any period falling within
the transition period, the United Kingdom shall be consulted in respect of the fishing opportunities related to the United
Kingdom, including in the context of the preparation of relevant international consultations and negotiations.
2.
For the purposes of paragraph 1, the Union shall offer the opportunity to the United Kingdom to provide comments
on the Annual Communication from the European Commission on fishing opportunities, the scientific advice from the
relevant scientific bodies and the proposals from the European Commission for fishing opportunities for any period falling
within the transition period.
3.
Notwithstanding point (b) of Article 129(2), with a view to allowing the United Kingdom to prepare its future
membership in relevant international fora, the Union may exceptionally invite the United Kingdom to attend, as part of the
Union's delegation, international consultations and negotiations referred to in paragraph 1 of this Article, to the extent
allowed for Member States and permitted by the specific forum.
4.
Without prejudice to Article 127(1), the relative stability keys for the allocation of fishing opportunities referred to in
paragraph 1 of this Article shall be maintained.
Article 131
Supervision and enforcement
During the transition period, the institutions, bodies, offices and agencies of the Union shall have the powers conferred
upon them by Union law in relation to the United Kingdom and to natural and legal persons residing or established in the
United Kingdom. In particular, the Court of Justice of the European Union shall have jurisdiction as provided for in the
Treaties.
The first paragraph shall also apply during the transition period as regards the interpretation and application of this
Agreement.
Article 132
Extension of the transition period
1.
Notwithstanding Article 126, the Joint Committee may, before 1 July 2020, adopt a single decision extending the
transition period for up to 1 or 2 years. (**)
2.
In the event that the Joint Committee adopts a decision under paragraph 1, the following shall apply:
(a) by way of derogation from Article 127(6), the United Kingdom shall be considered as a third country for the purposes
of the implementation of the Union programmes and activities committed under the multiannual financial framework
applying as from the year 2021;
(b) by way of derogation from Article 127(1) and without prejudice to Part Five of this Agreement, the applicable Union
law concerning the Union's own resources relating to the financial years covered by the extension of the transition
period shall not apply to the United Kingdom after 31 December 2020;
(c) by way of derogation from Article 127(1) of this Agreement, Articles 107, 108 and 109 TFEU shall not apply to
measures of the United Kingdom authorities, including on rural development, supporting the production of and trade
in agricultural products in the United Kingdom up to an annual level of support which shall not be more than the total
amount of expenditure incurred in the United Kingdom under the Common Agricultural Policy in 2019, and provided
that a minimum percentage of that exempted support complies with the provisions of Annex 2 to the WTO Agreement
on Agriculture. Such minimum percentage shall be determined on the basis of the last available percentage by which
the overall expenditure under the Common Agricultural Policy in the Union complied with the provisions of Annex 2
to the WTO Agreement on Agriculture. In the event that the period by which the transition period is extended is not a
multiple of 12 months, the maximum annual level of exempted support in the year for which the extended transition
period covers less than 12 months shall be reduced pro rata;
(**) In case of extension, the Union will notify other parties to international agreements thereof.
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(d) for the period from 1 January 2021 to the end of the transition period, the United Kingdom shall make a contribution
to the Union budget, as determined in accordance with paragraph 3;
(e) subject to point (d) of paragraph 3, Part Five of this Agreement shall not be affected.
3.
A decision of the Joint Committee under paragraph 1 shall:
(a) establish the appropriate amount of the contribution of the United Kingdom to the Union budget for the period from 1
January 2021 to the end of the transition period, taking into account the status of the United Kingdom during that
period, as well as the modalities of payment of that amount;
(b) specify the maximum level of exempted support, as well as the minimum percentage thereof that shall comply with the
provisions of Annex 2 to the WTO Agreement on Agriculture, as referred to in point (c) of paragraph 2;
(c) lay down any other measure necessary for the implementation of paragraph 2;
(d) adapt the dates or periods referred to in Articles 51, 62, 63, 84, 96, 125, 141, 156, 157 and Annexes IV and V to
reflect the extension of the transition period.
PART FIVE
FINANCIAL PROVISIONS
C hapter 1
G ENERA L PROVI SIO NS
Article 133
Currency to be used between the Union and the United Kingdom
Without prejudice to the applicable Union law concerning the Union's own resources, all amounts, liabilities, calculations,
accounts and payments referred to in this Part shall be drawn up and implemented in euro.
Article 134
Facility offered to auditors in relation to the financial provisions
The United Kingdom shall inform the Union about the entities it has entrusted to carry out its audit of the implementation
of the financial provisions covered by this Part.
On the United Kingdom's request, the Union shall provide those entrusted entities with any information that may
reasonably be requested as regards the United Kingdom's rights and obligations under this Part and shall provide them
with adequate assistance to allow them to accomplish their task. In providing information and assistance under this
Article, the Union shall act in accordance with applicable Union law, in particular with Union rules on data protection.
The authorities of the United Kingdom and of the Union may agree on appropriate administrative arrangements to facilitate
the application of the first and second paragraphs.
Chapter 2
T HE U NI T ED KIN G DO M'S CONT RIB UTIO N T O A ND PART IC IPAT IO N IN T HE UNIO N BUD GET
Article 135
The United Kingdom's contribution to and participation in the implementation of the Union budgets for the
years 2019 and 2020
1.
For the years 2019 and 2020, in accordance with Part Four, the United Kingdom shall contribute to and participate in
the implementation of the Union budgets.
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2.
By way of derogation from Part Four, amendments to Council Regulation (EU, Euratom) No 1311/2013 (137) or
Decision 2014/335/EU, Euratom that are adopted on or after the date of entry into force of this Agreement shall not apply
to the United Kingdom insofar as those amendments have an impact on the United Kingdom's financial obligations.
Article 136
Provisions applicable after 31 December 2020 in relation to own resources
1.
The applicable Union law concerning the Union's own resources relating to financial years until 2020 shall continue
to apply to the United Kingdom after 31 December 2020, including where the own resources concerned are to be made
available, corrected or subject to adjustments after that date.
2.
Without prejudice to Article 135(2), the Union law referred to in paragraph 1 of this Article shall include in particular
the following acts and provisions, including any amendment thereto, irrespective of the date of adoption, entry into force or
application of the amendment:
(a) Decision 2014/335/EU, Euratom;
(b) Regulation (EU, Euratom) No 609/2014, and in particular Article 12 thereof in relation to the interest on amounts
made available belatedly and Article 11 thereof in relation to the handling of the opt-out;
(c) Regulation (EU, Euratom) No 608/2014 and in particular Article 1 thereof in relation to the calculation of the balance
and Articles 2 to 8 thereof in relation to the implementing measures for the system of own resources;
(d) Council Regulation (EEC, Euratom) No 1553/89 (138);
(e) Council Regulation (EC, Euratom) No 1287/2003 (139);
(f) Commission Implementing Decision (EU, Euratom) 2018/195 (140);
(g) Commission Implementing Decision (EU, Euratom) 2018/194 (141);
(h) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (142) (the "Financial Regulation");
(i) Article 287 TFEU on the role of the Court of Auditors as well as other rules concerning that institution;
(j) Article 325 TFEU on combatting fraud and related acts, in particular Regulation (EU, Euratom) No 883/2013 of the
European Parliament and of the Council (143) and Council Regulation (EC, Euratom) No 2988/95 (144);
(k) the annual budgets for the financial years until 2020 or, in the event that the annual budget has not been adopted, the
rules applicable in accordance with Article 315 TFEU.
(137) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the
years 2014-2020 (OJ L 347, 20.12.2013, p. 884).
(138) Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own
resources accruing from value added tax (OJ L 155, 7.6.1989, p. 9).
(139) Council Regulation (EC, Euratom) No 1287/2003 of 15 July 2003 on the harmonisation of gross national income at market prices
(GNI Regulation) (OJ L 181, 19.7.2003, p. 1).
(140) Commission Implementing Decision (EU, Euratom) 2018/195 of 8 February 2018 establishing forms for reporting on fraud and
irregularities affecting entitlements to traditional own resources and on inspections relating to traditional own resources pursuant to
Council Regulation (EU, Euratom) No 608/2014 (OJ L 36, 9.2.2018, p. 33).
(141) Commission Implementing Decision (EU, Euratom) 2018/194 of 8 February 2018 establishing models for statements of accounts for
entitlements to own resources and a form for reports on irrecoverable amounts corresponding to the entitlements to own resources
pursuant to Council Regulation (EU, Euratom) No 609/2014 (OJ L 36, 9.2.2018, p. 20).
(142) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules
applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013,
(EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/
EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
(143) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning
investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European
Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).
(144) Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial
interests (OJ L 312, 23.12.1995, p. 1).
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3.
By way of derogation from paragraphs 1 and 2, the following rules shall apply to the United Kingdom after
31 December 2020:
(a) any amounts resulting, in respect of the United Kingdom, from adjustments to own resources entered into the budget
and from adjustments related to the surplus or deficit, in relation to the financing of the Union budgets until 2020 in
accordance with the Union law referred to in paragraphs 1 and 2, shall be due by or to the United Kingdom;
(b) if, in accordance with the applicable Union law concerning the Union's own resources, the date on which the own
resources are to be made available is after 28 February 2021, the payment shall be made on the earliest date referred
to in Article 148(1) following the date on which the own resources are to be made available;
(c) for the purpose of payment by the United Kingdom of traditional own resources after 28 February 2021, the amount
of entitlements established in accordance with Article 2 of Regulation (EU, Euratom) No 609/2014 after the reduction
of the collection costs in accordance with Articles 2(3) and 10(3) of Decision 2014/335/EU, Euratom shall be reduced
by the United Kingdom's share of this amount;
(d) by way of derogation from Article 7 of this Agreement, the representatives or experts of the United Kingdom, or
experts designated by the United Kingdom may, upon invitation, exceptionally attend, without voting rights, the
meetings of any committee established by the applicable Union law referred to in paragraphs 1 and 2 of this Article,
such as the meetings of the Advisory Committee on Own Resources established by Article 7 of Regulation (EU,
Euratom) No 608/2014 or the GNI Committee established by Article 4 of Regulation (EC, Euratom) No 1287/2003,
to the extent that the work of such committees concerns the financial years until 2020;
(e) any correction or adjustment to the own resources based on VAT and gross national income shall only be made if the
relevant measures pursuant to the provisions referred to in paragraphs 1 and 2 are decided upon no later than
31 December 2028;
(f) the separate account for traditional own resources referred to in the second subparagraph of Article 6(3) of Regulation
(EU, Euratom) No 609/2014 shall be fully liquidated by 31 December 2025. Prior to 20 February 2026, a share of the
amounts still in that account on 31 December 2025 and not being subject to European Commission inspection
findings communicated prior to that date under the own resources legislation shall be made available to the Union
budget corresponding to the share of the amounts made available to the Union on the amounts reported by the United
Kingdom to the European Commission in the framework of the procedure laid down in Article 13 of Regulation (EU,
Euratom) No 609/2014 during the period between 1 January 2014 and 31 December 2020.
Article 137
The United Kingdom's participation in the implementation of the Union programmes and activities in 2019 and
2020
1.
In accordance with Part Four, the Union programmes and activities committed under the multiannual financial
framework for the years 2014-2020 ("MFF 2014-2020") or previous financial perspectives shall be implemented in 2019
and 2020 with regard to the United Kingdom on the basis of the applicable Union law.
Regulation (EU) No 1307/2013 of the European Parliament and of the Council (145) as applicable in the year 2020 shall not
apply in the United Kingdom for claim year 2020. However, Article 13 of that Regulation shall apply in respect of the
United Kingdom direct payments scheme for claim year 2020, provided that such scheme is equivalent to the scheme of
Regulation (EU) No 1307/2013, as applicable in the year 2020.
2.
By way of derogation from Part Four, the United Kingdom and projects located in the United Kingdom shall only be
eligible for financial operations carried out within financial instruments managed directly or indirectly under Title X of the
Financial Regulation or financial operations guaranteed by the Union budget under the European Fund for Strategic
(145) Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct
payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council
Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).
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Investments (EFSI) established by Regulation (EU) 2015/1017 of the European Parliament and of the Council (146) and the
European Fund for Sustainable Development (EFSD) established by Regulation (EU) 2017/1601 of the European
Parliament and of the Council (147), provided that those financial operations were approved by the entities and bodies,
including the EIB and the European Investment Fund ("EIF"), or by persons entrusted with the implementation of part of
those actions before the date of entry into force of this Agreement, even if the signature of those financial operations took
place after that date. In relation to those financial operations approved after the date of entry into force of this Agreement,
entities established in the United Kingdom shall be treated as entities located outside the Union.
Article 138
Union law applicable after 31 December 2020 in relation to the United Kingdom's participation in the
implementation of the Union programmes and activities committed under the MFF 2014-2020 or previous
financial perspectives
1.
In respect of the implementation of the Union programmes and activities committed under the MFF 2014-2020 or
previous financial perspectives, applicable Union law, including the rules on financial corrections and on clearance of
accounts, shall continue to apply to the United Kingdom after 31 December 2020 until the closure of those Union
programmes and activities.
2.
The applicable Union law referred to in paragraph 1 shall include in particular the following provisions, including any
amendments to those provisions, irrespective of the date of adoption, entry into force or application of the amendment:
(a) the Financial Regulation;
(b) the basic acts, within the meaning of point (4) of Article 2 of the Financial Regulation, establishing Union programmes
or activities referred to in the budget remarks concerning titles, chapters, articles or items under which the
appropriations have been committed;
(c) Article 299 TFEU on the enforceability of pecuniary obligations;
(d) Article 287 TFEU on the role of the Court of Auditors as well as other rules concerning that institution;
(e) Article 325 TFEU on combatting fraud and related acts, in particular Regulation (EU, Euratom) No 883/2013 and
Regulation (EC, Euratom) No 2988/95.
3.
By way of derogation from Article 7, the representatives or experts of the United Kingdom, or experts designated by
the United Kingdom, may, upon invitation, exceptionally attend, without voting rights, meetings of the committees that
assist the European Commission in the implementation and management of the programmes established by Union law
referred to in paragraph 1 or established by the European Commission in respect of the implementation of that law, to the
extent that their work concerns the financial years until 2020.
4.
By way of derogation from Article 8, the United Kingdom shall have access, to the extent strictly necessary for the
implementation of the programmes and activities referred to in point (b) of paragraph 2, to the networks, information
systems and the databases established under the relevant basic acts or by the related implementation rules derived from
those basic acts.
5.
On a proposal from the Committee on the financial provisions referred to in point (f) of Article 165(1), the Joint
Committee may adopt, in conformity with the rules established in Article 166, technical measures to facilitate the closure
of the programmes and activities referred to in paragraph 1 of this Article or to exempt the United Kingdom from
obligations to take actions, during or after the closure of those programmes and activities, which are not relevant for a
former Member State, provided that such technical measures respect the principle of sound financial management and do
not result in an advantage in favour of the United Kingdom or the United Kingdom beneficiaries compared to Member
States or third countries participating in the same programmes and activities financed by the Union budget.
(146) Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic
Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No
1291/2013 and (EU) No 1316/2013 — the European Fund for Strategic Investments (OJ L 169, 1.7.2015, p. 1).
(147) Regulation (EU) 2017/1601 of the European Parliament and of the Council of 26 September 2017 establishing the European Fund
for Sustainable Development (EFSD), the EFSD Guarantee and the EFSD Guarantee Fund (OJ L 249, 27.9.2017, p. 1).
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Article 139
Share of the United Kingdom
The United Kingdom's share referred to in points (a) and (c) of Article 136(3), and in Articles 140 to 147 shall be a
percentage calculated as the ratio between the own resources made available by the United Kingdom in the years 2014 to
2020 and the own resources made available during that period by all Member States and the United Kingdom as adjusted
by the amount communicated to the Member States before 1 February 2022 in accordance with Article 10b(5) of
Regulation (EU, Euratom) No 609/2014.
Article 140
Outstanding commitments
1.
Unless otherwise provided for in this Agreement, the United Kingdom shall be liable to the Union for the United
Kingdom's share of the budgetary commitments of the Union budget and the budgets of the Union decentralised agencies
outstanding on 31 December 2020 and for the United Kingdom's share of the commitments made in 2021 on the
carryover of commitment appropriations from the budget for 2020.
The first subparagraph shall not apply to the following commitments outstanding on 31 December 2020:
(a) those commitments related to the programmes and bodies to which Article 11 of Regulation (EU, Euratom) No
609/2014 applies with regard to the United Kingdom;
(b) those commitments financed by assigned revenue in the Union budget.
With regard to the Union's decentralised agencies, the amount of their commitments referred to in the first subparagraph
shall only be taken into account in proportion to the share of contributions from the Union budget in their overall
revenues for the period 2014-2020.
2.
The Union shall calculate the amount of commitments referred to in paragraph 1 on 31 December 2020. It shall
communicate that amount to the United Kingdom by 31 March 2021, adding a list with the reference key of each
commitment, the associated budget lines, and the amount for each associated budget line.
3.
The Union shall, by 31 March of each year, starting in 2022, with regard to the commitments referred to in paragraph
1, communicate to the United Kingdom:
(a) information on the amount of commitments outstanding on 31 December of the previous year and on the payments
and decommitments made in the previous year, including an update of the list referred to in paragraph 2;
(b) an estimate of the expected payments in the current year based on the level of payment appropriations in the budget;
(c) an estimate of the expected contribution of the United Kingdom to the payments referred to in point (b); and
(d) other information, such as a medium term payment forecast.
4.
The annual amount payable shall be calculated as the United Kingdom's share of the estimate referred to in point (b)
of paragraph 3 adjusted by the difference between the payments made by the United Kingdom in the previous year and the
United Kingdom's share of the payments made by the Union in the previous year on the outstanding commitments referred
to in paragraph 1, reduced by the amount of net financial corrections in relation to programmes and activities financed
under the MFF 2014-2020 or previous financial perspectives and reduced by the proceeds of any infringement procedures
concerning the failure of a Member State to make available own resources related to financial years until 2020, provided
that those amounts have been received by the budget in the previous year and are definitive. The annual amount payable
by the United Kingdom shall not be adjusted in the given year.
In 2021, the annual amount payable by the United Kingdom shall be reduced by the United Kingdom's share in the
financing of the budget for 2020 of the amount of payment appropriations carried over from 2020 to 2021 in
accordance with Articles 12 and 13 of the Financial Regulation and by the United Kingdom's share of the total amount of
traditional own resources made available to the Union in January and February 2021 in respect of which the Union's
entitlements were established in accordance with Article 2 of Regulation (EU, Euratom) No 609/2014 in November and
December 2020. The Union shall also reimburse to the United Kingdom the United Kingdom's share of the total amount
of traditional own resources made available by the Member States after 31 December 2020 for goods released for free
circulation in respect of ending or discharge of temporary storage or customs procedures referred to in Article 49(2)
started before or on this date.
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5.
At the request of the United Kingdom, made at the earliest after 31 December 2028, the Union shall make an estimate
of the remaining amounts to be paid by the United Kingdom under this Article, on the basis of a rule taking into account
the amount of outstanding commitments at the end of the year and an estimate of any decommitments on those
outstanding commitments, any financial corrections and any proceeds from the infringement procedures after the end of
the year. After the confirmation by the United Kingdom of the acceptance of the proposal to the Committee on the
financial provisions referred to in point (f) of Article 165(1) and the Joint Committee, the United Kingdom shall pay the
estimated amount, as adjusted in accordance with paragraph 4 of this Article, in relation to the payments made by the
United Kingdom in the previous year. The payment of the amounts referred to in this paragraph shall extinguish the
remaining obligations of the United Kingdom or the Union under this Article.
Article 141
Fines decided upon before or on 31 December 2020
1.
In respect of a fine decided upon by the Union before or on 31 December 2020 that has become definitive and that
does not constitute assigned revenue, the Union shall reimburse the United Kingdom for its share of the amount of the
fine collected by the Union, unless that amount has already been recorded as budget revenue in the Union budget before or
on 31 December 2020.
2.
In respect of a fine decided upon by the Union after 31 December 2020 in a procedure referred to in Article 92(1),
the Union shall reimburse the United Kingdom for its share of the amount of the fine collected by the Union once that fine
has become definitive.
Article 142
Union liabilities at the end of 2020
1.
The United Kingdom shall be liable to the Union for its share of the financing of the Union's liabilities incurred until
31 December 2020, with the exception of the following:
(a) liabilities with corresponding assets, including: Union financial assistance loan assets and the associated balance sheet
liabilities, assets corresponding to property, plant and equipment and provisions related to the Joint Research Centre's
nuclear sites dismantlement, and all lease‐related obligations, intangible assets and inventories, any assets and liabilities
relating to the management of foreign currency risk, accrued and deferred income and all provisions other than in
respect of fines, legal proceedings and financial guarantee liabilities; and
(b) liabilities and assets which are related to the operation of the budget and the management of own resources, including
outstanding pre-financing advances, receivables, cash, payables, and accrued charges, including those related to the
European Agricultural Guarantee Fund or already included in the outstanding commitments (RAL).
2.
In particular, the United Kingdom shall be liable for its share of the Union's liability for pension rights and rights to
other employment-related benefits accrued on or before 31 December 2020. Payments related to this liability shall be
made in accordance with paragraphs 5 and 6.
3.
The Union shall communicate to the United Kingdom by 31 March of each year, starting in 2022, the payments made
during the previous year corresponding to the liabilities outstanding at 31 December 2020 and the amount of the
contribution of the United Kingdom to those payments.
4.
By 31 March of each year, starting in 2022, the Union shall communicate to the United Kingdom a specific document
on pensions relating to the situation at 31 December of the preceding year in respect of the liability referred to in paragraph
2, which shall provide:
(a) the remaining amounts still to be paid in relation to the liabilities described in paragraph 5;
(b) the calculations made and the data and assumptions used to determine the amount that the United Kingdom is to pay,
by 30 June of the current year, in relation to staff pension payments and the Union budget contributions to the Joint
Sickness Insurance Scheme (JSIS) made in the preceding year in accordance with paragraph 6 and an estimate of those
amounts for the current year;
(c) concerning the population at 31 December 2020, information on the numbers of actual beneficiaries and estimated
future beneficiaries of the staff pension and sickness insurance schemes at the end of the previous year and their
accumulated post-employment rights at that time; and
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(d) the outstanding United Kingdom liabilities calculated using actuarial valuations made in accordance with the relevant
International Public Sector Accounting Standards and an explanation of the evolution of this liability compared to the
previous year.
That document may be updated by 30 September of the same year to reflect the definitive figures for the preceding year.
5.
With respect to the United Kingdom's liability for the pension rights and rights to other employment-related benefits
referred to in paragraph 2 as regards pensions of the Members and EU high-level public office holders covered by Council
Regulation No 422/67/EEC, 5/67/Euratom (148), Decision 2005/684/EC, Euratom of the European Parliament (149) and
Council Regulation (EU) 2016/300 (150), the United Kingdom shall contribute to the liabilities as they are recorded in the
consolidated accounts of the Union for the financial year 2020 in 10 instalments starting on 31 October 2021.
6.
With respect to the United Kingdom's liability for the pension rights and rights to other employment-related benefits
referred to in paragraph 2 as regards pensions of officials of the Union established in accordance with Articles 77 to 84 of
the Staff Regulations of Officials of the European Union and as regards the pensions of temporary staff, contract staff and
parliamentary assistants established in accordance with Articles 33 to 40, Articles 101 to 114 and Article 135,
respectively, of the Conditions of Employment of Other Servants of the European Union, the United Kingdom shall
contribute annually to the net payments made from the Union budget to each beneficiary and to the related contribution
of the Union budget to the JSIS for each beneficiary or person who benefits through a beneficiary. The payments of that
contribution shall start on 30 June 2022.
For the pensions referred to in the first subparagraph, the payment by the United Kingdom shall be the sum of the net
payments made by the Union budget in the preceding year for each beneficiary, multiplied by the United Kingdom's share
and by a percentage that is specific to each beneficiary ("specific percentage"). The specific percentage shall be as follows:
(a) for a beneficiary receiving pension on 1 January 2021, the specific percentage shall be 100 %;
(b) for any other beneficiary of a pension, the specific percentage shall be calculated as the ratio between the pension rights
acquired in accordance with the Staff Regulations of Officials of the European Union and in particular in Annex VIII
thereto on or before 31 December 2020, including pension rights transferred in at that date, and the acquired pension
rights at the date of retirement or death if earlier, or at the date the person leaves the scheme;
(c) for the purposes of the contribution of the budget to the JSIS, the specific percentage shall be calculated as the ratio
between the number of years during which the beneficiary contributed to the pension scheme until
31 December 2020 and the total number of years at retirement during which the beneficiary, or the person covered by
the Staff Regulations of Officials of the European Union who is the basis for the rights under the JSIS, contributed to
the pension scheme.
For a beneficiary of a survivor's pension or an orphan's pension established in accordance with the Staff Regulations of
Officials of the European Union, the calculation shall be made on the basis of the career of the person covered by those
Staff Regulations which is the basis for the survivor's pension or the orphan's pension.
As long as the liability in relation to this paragraph is not extinguished, in any given year ("year N") the United Kingdom
may send the Union before 1 March of year N a request to pay the outstanding liability at 31 December of year N. The
Union shall establish the amount of the outstanding liability in relation to the pension and JSIS post-employment benefits,
using the same methodology as used in point (d) of paragraph 4. If the United Kingdom agrees, it shall pay that amount in
five instalments, with the first payment taking place in the year N+1. The United Kingdom shall also cover its liability for
the year N through the procedure set out in this paragraph. After that payment has been completed, and provided that the
payments referred to in paragraph 5 have been completed, the remaining obligations under this Article shall be
extinguished. The Committee on the financial provisions referred to in point (f) of Article 165(1) and the Joint Committee
shall be informed of this situation.
(148) Regulation No 422/67/EEC, 5/67/Euratom of the Council of 25 July 1967 determining the emoluments of the President and
members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice (OJ P 187,
8.8.1967, p. 1).
(149) Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the
European Parliament (OJ L 262, 7.10.2005, p. 1).
(150) Council Regulation (EU) 2016/300 of 29 February 2016 determining the emoluments of EU high-level public office holders (OJ L 58,
4.3.2016, p. 1).
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Article 143
Contingent financial liabilities related to loans for financial assistance, EFSI, EFSD and the external lending
mandate.
1.
The United Kingdom shall be liable to the Union for its share of the contingent financial liabilities of the Union arising
from financial operations that were:
(a) decided upon by the European Parliament and the Council or by the European Commission before the date of entry in
force of this Agreement, where such financial operations relate to loans for financial assistance decided in accordance
with Council Regulation (EU) No 407/2010 (151), Council Regulation (EC) No 332/2002 (152), or the decisions of the
European Parliament and the Council providing macro-financial assistance to various countries on the basis of a
provisioning in accordance with Council Regulation (EC, Euratom) No 480/2009 (153) or Council Regulation (EC,
Euratom) No 2728/94 (154);
(b) approved before the date of entry into force of this Agreement by the bodies, entities or persons that are directly
entrusted with the implementation of financial operations in relation to budgetary guarantees that either were given in
favour of the EIB through the EFSI in accordance with Regulation (EU) 2015/1017 or through the external lending
mandate in accordance with Regulation (EC, Euratom) No 480/2009 or Regulation (EC, Euratom) No 2728/94 and
Decision No 466/2014/EU of the European Parliament and of the Council (155) or Decision No 1080/2011/EU of the
European Parliament and of the Council (156), or were given in favour of eligible counterparts (EFSD).
On 31 July 2019, the Union shall provide the United Kingdom with a specific report concerning those financial operations,
providing, for each type of instrument, information on:
(a) the financial liabilities arising from those financial operations on the date of entry into force of this Agreement;
(b) where applicable, the provisions held on the date of entry into force of this Agreement in the respective guarantee funds
or fiduciary accounts to cover the financial liabilities referred to in point (a) and the respective provisions committed
and not yet paid.
In the consolidated accounts of the Union relating to the years 2019 and 2020, the payments made out of the provisions
referred to in point (b) of the second subparagraph from the date of entry into force of this Agreement until
31 December 2019 and 2020, respectively, shall be disclosed for the same financial operations as referred to in this
paragraph but which are decided upon on or after the date of entry into force of this Agreement.
The liability of the United Kingdom to the Union in relation to the financial operations referred to in this paragraph shall
not be affected by any restructuring of those financial operations. In particular, the financial exposure of the United
Kingdom shall not increase, in nominal terms, in comparison with the situation immediately prior to the restructuring.
2.
For the financial operations referred to in paragraph 1, the Union shall be liable to the United Kingdom for its share
of:
(a) any amounts recovered by the Union from defaulting debtors or related to undue payments; and
(b) any net revenue resulting from the difference between financial and operational revenues and financial and operational
expenses, entered as revenue, general or assigned, in the Union budget.
For revenue of the asset management of the provisioning of instruments having a provisioning, the Union shall calculate a
percentage of revenue as the ratio between the net revenue of the asset management of the previous year and the total
provisioning existing at the end of the previous year. The amount of the liability toward the United Kingdom for revenue
of the asset management of the provisioning shall be the amount obtained by multiplying the United Kingdom's current
provisioning as referred to in paragraph 5 by that percentage of revenue.
(151) Council Regulation (EU) No 407/2010 of 11 May 2010 establishing a European financial stabilisation mechanism (OJ L 118,
12.5.2010, p. 1).
(152) Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for
Member States' balances of payments (OJ L 53, 23.2.2002, p. 1).
(153) Council Regulation (EC, Euratom) No 480/2009 of 25 May 2009 establishing a Guarantee Fund for external actions (OJ L 145,
10.6.2009, p. 10).
(154) Council Regulation (EC, Euratom) No 2728/94 of 31 October 1994 establishing a Guarantee Fund for external actions (OJ L 293,
12.11.1994, p. 1).
(155) Decision No 466/2014/EU of the European Parliament and the Council of 16 April 2014 granting an EU guarantee to the European
Investment Bank against losses under financing operations supporting investment projects outside the Union (OJ L 135, 8.5.2014, p.
1).
(156) Decision No 1080/2011/EU of the European Parliament and of the Council of 25 October 2011 granting an EU guarantee to the
European Investment Bank against losses under loans and loan guarantees for projects outside the Union and repealing Decision
No 633/2009/EC (OJ L 280, 27.10.2011, p. 1).
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3.
By 31 March 2021, for each instrument referred to in paragraph 1 that provides for provisioning from the Union's
budget, the Union shall communicate to the United Kingdom:
(a) its initial provisioning, calculated as the United Kingdom's share of the sum of:
(i) the provisions made in the corresponding guarantee fund by 31 December 2020;
(ii) the amount of provisions committed and not yet paid by 31 December 2020; and
(iii) the payments made from the date of entry into force of this Agreement until 31 December 2020 related to
financial operations decided upon on or after the date of entry into force of this Agreement; and
(b) its default provisioning rate, calculated as the ratio between the United Kingdom's initial provisioning for that
instrument and the amount of the financial operations referred to in paragraph 1 as at 31 December 2020 decided
upon before the date of entry into force of this Agreement.
4.
On 31 March of each year, starting in 2021, until the amortisation, expiry or termination of the financial operations
referred to in paragraph 1, the Union shall communicate to the United Kingdom information concerning those financial
operations. The information shall contain, for each type of instrument:
(a) the contingent liabilities outstanding at 31 December of the preceding year;
(b) the payments made in the preceding year by the Union in relation to those financial operations and the amounts of
such payments that have accumulated after 31 December 2020;
(c) the United Kingdom's current provisioning and its current provisioning rate as set out in paragraph 5;
(d) the reimbursements made to the United Kingdom in the preceding year in accordance with point (a) of paragraph 6 and
the amounts of such reimbursements that have accumulated after 31 December 2020;
(e) the amounts recovered and the net revenues entered in the Union budget as referred to in paragraph 2 for the preceding
year;
(f) if necessary, other useful information concerning the financial operations in the preceding year.
5.
By 31 March of each year, for each instrument referred to in paragraph 1, where the basic act establishes provisioning
from the Union budget, the Union shall:
(a) calculate the United Kingdom's current provisioning, defined as the amount of the United Kingdom's initial
provisioning reduced by:
(i) the United Kingdom's share of the accumulated payments referred to in point (b) of paragraph 4 made from the
Union budget after 31 December 2020 in relation to financial operations decided upon before the date of entry
into force of this Agreement;
(ii) the United Kingdom's share of the amount of decommitments made in the previous years on the outstanding
commitments referred to in point (a)(ii) of paragraph 3 of this Article, as communicated pursuant to Article 140
(3);
(iii) the accumulated level of reimbursements made to the United Kingdom as of 1 January 2021, as referred to in
point (d) of paragraph 4;
(b) communicate to the United Kingdom the current provisioning rate defined as the ratio between the United Kingdom's
current provisioning and the amount of financial operations referred to in point (a) of paragraph 4.
6.
Every year from 2022 onwards:
(a) if the United Kingdom's current provisioning rate for an instrument exceeds its default provisioning rate for that
instrument, the Union shall be liable to the United Kingdom for that instrument for the amount obtained by
multiplying the amount of the financial liabilities referred to in point (a) of paragraph 4 by the difference between the
current provisioning rate and the default provisioning rate. The Union's liability shall not exceed the United Kingdom's
current provisioning as calculated in paragraph 5;
(b) if, in a given year, the United Kingdom's current provisioning rate for an instrument becomes negative, the United
Kingdom shall be liable to the Union for that instrument for the amount of the negative current provisioning. In the
following years, the United Kingdom shall be liable to the Union for that instrument for its share of the payments
made as communicated in accordance with point (b) of paragraph 4 of this Article and the United Kingdom's share of
the amount of decommitments made in the previous year on the outstanding commitments referred to in point (a)(ii)
of paragraph 3 of this Article, as communicated pursuant to Article 140(3).
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7.
If the United Kingdom's current provisioning is positive once the Union's financial operations related to an
instrument referred to in paragraph 1 are extinguished, the Union shall be liable to the United Kingdom for the amount of
the United Kingdom's current provisioning as calculated in accordance with paragraph 5.
8.
After 31 December 2020, if payments are made from the Union budget for the financial operations referred to in
paragraph 1 in relation to an instrument for which the basic act does not establish provisioning, the United Kingdom shall
be liable to the Union for that instrument for its share of the payments made as communicated in accordance with point (b)
of paragraph 4.
9.
For the purposes of this Article, where financial liabilities, payments, recoveries or other amounts relate to financial
operations referred to in paragraph 1 but it cannot be directly determined whether they arise from a particular financial
operation as a result of the application of risk mutualisation or subordination mechanisms, the relevant financial liabilities,
payments, recoveries or other amounts that are required to be determined for the application of this Article shall be
calculated on a pro-rata basis based on the ratio between the amount of financial operations decided upon or approved
before the date of entry into force of this Agreement on 31 December of the year before the calculation is made and the
total amount of financial operations on the latter date.
10.
Where financial operations as referred to in paragraph 1 are non-amortising, such financial operations shall be
considered after 10 years as amortising in proportion to the amortisation of the remaining amortising operations.
Article 144
Financial instruments under direct or indirect implementation financed by the programmes of the MFF 2014-
2020 or under earlier financial perspectives
1.
From the date of entry into force of this Agreement until the full amortisation of the financial operations referred to
in point (a) of this subparagraph, the Union shall identify the financial operations that:
(a) before the date of entry into force of this Agreement, have been decided upon by the European Commission and, where
necessary, approved by the financial institutions which have been entrusted by the European Commission with the
implementation of a financial instrument under a programme of the MFF 2014-2020 or under earlier financial
perspectives under direct or indirect implementation; and
(b) have been decided upon and, where necessary, approved on or after the date of entry into force of this Agreement.
On 31 July 2019, in the report referred to in the second subparagraph of Article 143(1), the Union shall provide the
following information concerning the financial instruments, under direct or indirect implementation, financed by the
programmes of the MFF 2014-2020 or financed under earlier financial perspectives:
(a) the financial liabilities arising from the operations decided upon before the date of entry into force of this Agreement by
the European Commission or the entity entrusted by the European Commission with the implementation of the
financial instrument; and
(b) the payments made by the European Commission for the financial instruments and the amounts committed for the
financial instruments that have not yet been paid at that date.
The liability of the Union to the United Kingdom in relation to the financial operations referred to in this paragraph shall
not be affected by a restructuring of those financial operations, to the extent that such restructuring does not increase the
financial exposure to the counterparty, in nominal terms, as it stood immediately prior to the restructuring.
2.
On 31 March of each year, starting in 2021, until their amortisation, expiry or termination, for each financial
instrument referred to in paragraph 1, the Union shall communicate to the United Kingdom the available information
regarding the financial operations referred to in paragraph 1 that have been decided upon or approved before the date of
entry into force of this Agreement and those that have been decided upon or approved on or after that date. For each
instrument, the information shall contain:
(a) the financial liabilities as at 31 December of the preceding year arising from the financial operations decided upon by
the European Commission, or approved by the entity entrusted by the European Commission with the
implementation of the financial instrument, before the date of entry into force of this Agreement;
(b) the total financial liabilities as at 31 December of the preceding year arising from the financial operations decided upon
by the European Commission, or by the entity entrusted by the European Commission with the implementation of the
instrument;
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(c) the ratio between the amounts referred to in points (a) and (b);
(d) the payments made from the provisioning fund or from fiduciary accounts with the entrusted entities, where such
payments relate to financial operations that were decided upon by the European Commission or were approved by the
entity entrusted by the European Commission with the implementation of the financial instrument, after the date of
entry into force of this Agreement;
(e) the part of the amounts paid back to the Union in accordance with Article 209(3) of the Financial Regulation, other
than the returns provided for in point (f) of this paragraph, related to financial operations decided upon or approved
before the date of entry into force of this Agreement;
(f) returns on resources of the financial instrument in the provisioning fund or in fiduciary accounts;
(g) the part of the amount of the provisioning fund or fiduciary accounts which has not been disbursed and which has
been recovered by the European Commission;
(h) if necessary, other useful information concerning the financial operations in the preceding year.
3.
The Union shall be liable to the United Kingdom for the United Kingdom's share of any amount referred in points (d)
to (g) of paragraph 2.
4.
For the purposes of this Article, where financial liabilities, payments, recoveries or other amounts relate to financial
operations referred to in paragraph 1 but cannot be directly determined to arise from a particular financial operation as a
result of the application of risk mutualisation or subordination mechanisms, the relevant financial liabilities, payments,
recoveries or other amounts required to be determined for the application of this Article shall be calculated on a pro-rata
basis, based on the ratio referred to in point (c) of paragraph 2.
Article 145
The European Coal and Steel Community
The Union shall be liable to the United Kingdom for its share of the net assets of the European Coal and Steel Community in
liquidation on 31 December 2020.
The Union shall reimburse the United Kingdom for the relevant amount in five equal annual instalments on 30 June of each
year, starting on 30 June 2021.
Article 146
Union investment in the EIF
The Union shall be liable to the United Kingdom for its share of the Union's investment in the paid‐in capital of the EIF on
31 December 2020.
The Union shall reimburse the United Kingdom for the relevant amount in five equal annual instalments on 30 June of each
year starting on 30 June 2021.
Article 147
Contingent liabilities related to legal cases
1.
The United Kingdom shall be liable for its share of the payments required to discharge the contingent liabilities of the
Union that become due in relation to legal cases concerning financial interests of the Union related to the budget and, in
particular, in relation to Regulation (EC, Euratom) No 2988/95 or in relation to legal cases resulting from the execution of
Union programmes and policies, provided that the facts forming the subject matter of those cases occurred no later than
31 December 2020.
The Union shall be liable to the United Kingdom for its share of any amount of subsequent recoveries related to the
payments referred to in the first subparagraph.
2.
The Union shall communicate to the United Kingdom the amounts referred to in paragraph 1 by 31 March of each
year.
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Article 148
Payments after 2020
1.
The reference dates for payments by the United Kingdom to the Union or by the Union to the United Kingdom made
after 31 December 2020 shall be 30 June and 31 October of every year for the amounts:
(a) referred to in Article 49(2), Articles 50 and 53, Article 62(2), point (e) of Article 63(1), and Articles 63(2), 99(3), and
100(2);
(b) referred to in Article 84(1);
(c) referred to in points (a), (b), (c), (e) and (f) of Article 136(3), by the next reference date following the date of adjustment
or correction;
(d) resulting from corrective measures to be taken by the United Kingdom with regard to own resources due for financial
years until 2020 as a result of controls executed under Regulation (EU, Euratom) No 608/2014 or Regulation (EEC,
Euratom) No 1553/89 or for any other reason, by the next reference date following the date of the corrective measure;
(e) referred to in Article 140(4), in two instalments on the reference dates for payments, the first instalment amounting to
half of the second one;
(f) referred to in Article 140(5), on 30 June following the confirmation by the United Kingdom of the acceptance of the
proposal of the Union to the Committee on the financial provisions referred to in point (f) of Article 165(1) and the
Joint Committee;
(g) referred to in Article 141, by the next reference date following the adjustment of the own resources for the Member
States resulting from the definitive entry of the fine into the Union budget;
(h) referred to in Article 142(1), by the next reference date following the date of the communication referred to in
paragraph 3;
(i) referred to in Article 142(5) and the fourth subparagraph of Article 142(6), on 31 October of each year;
(j) referred to in the first subparagraph of Article 142(6), on 30 June of each year;
(k) referred to in Articles 143 and 144, by the next reference date following the date of the communication referred in
Articles 143(4) and 144(2);
(l) referred to in Articles 145 and 146;
(m) referred to in Article 147(2), by the next reference date following the date of the communication referred to therein;
(n) referred to in paragraph 3 as possible accrued interest.
Payments shall be made in four equal monthly instalments for payments that have a reference date of 30 June and in eight
equal monthly instalments for payments that have a reference date of 31 October. All payments shall be made by the last
working day of each month, starting on the reference date or, where the reference date is not a working day, the last
working day before the reference date.
2.
As long as there are still payments to be made by the Union to the United Kingdom or by the United Kingdom to the
Union, the Union shall communicate to the United Kingdom on 16 April and on 16 September of each year a document
specifying the relevant amounts to be paid, expressed in euro and in British pounds, based on the conversion rate applied
by the European Central Bank on the first working day of the month. The Union or the United Kingdom shall pay the net
amounts by the dates referred to in paragraph 1.
3.
Any delay in payments by the United Kingdom to the Union or by the Union to the United Kingdom shall be subject
to the payment of interest in accordance with Article 12 of Regulation (EU, Euratom) No 609/2014.
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Chapter 3
EURO PEAN CEN TRA L BA NK
Article 149
Reimbursement of the paid-in capital
The European Central Bank shall, on behalf of the Union, reimburse the Bank of England for the paid-in capital provided by
the Bank of England. The date of the reimbursement and other practical arrangements shall be established in accordance
with Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank.
Chapter 4
EUROPEA N INVESTMEN T BANK
Article 150
Continued liability of the United Kingdom and reimbursement of the paid-in capital
1.
The United Kingdom shall remain liable, as set out in this Article, for the financial operations approved by the EIB
before the date of entry into force of this Agreement, as further specified in paragraph 2 ("EIB financial operations"), even
if the resulting financial exposure is assumed on or after the date of entry into force of this Agreement, and shall remain
liable for other risks assumed by the EIB as set out in the second subparagraph.
The liability of the United Kingdom shall extend to the EIB financial operations and to asset‐liability management risks and
operational risks attributable to the EIB financial operations, in accordance with paragraph 6. For other such risks that are
not associated with specific financial operations and are not attributable to the stock of financial operations built after the
date of entry into force of this Agreement, the amount of the liability of the United Kingdom shall be proportional to the
ratio between the remaining exposure due to EIB financial operations and the total amount of financial operations at the
time the liability of the United Kingdom is triggered in accordance with paragraph 6.
The implementation of any post-withdrawal growth strategy of the EIB is not covered by the scope of this Article.
2.
The EIB financial operations shall include loans, guarantees, fund investments, equity investments, bonds and other
loan substitute products, and any other financing operations, with counterparties or regarding projects inside and outside
the territory of the Member States, including operations guaranteed by third parties including the Member States or the
Union.
The liability of the United Kingdom for EIB financial operations shall apply where the financial exposure of the EIB:
(a) is based on an approval by the Board of Directors of the EIB given prior to the date of entry into force of this
Agreement, or based on a decision adopted on the basis of a delegation by the Board of Directors given prior to the
date of entry into force of this Agreement;
(b) results from the restructuring of an EIB financial operation, to the extent that such restructuring does not increase the
financial exposure to the counterparty, in nominal terms, as it stood immediately prior to the restructuring;
(c) results from a change to an EIB financial operation, where that change was approved by the Board of Directors of the
EIB on or after the date of entry into force of this Agreement, to the extent that such change does not increase the
financial exposure to the counterparty as it stood immediately prior to the change; or
(d) results from the institutional participation of the EIB in the capital of the EIF and the European Bank for Reconstruction
and Development, as it stood immediately prior to the date of entry into force of this Agreement.
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For the purposes of establishing the limits on the liability of the United Kingdom pursuant to paragraphs 3 and 5, the
exposure of the EIB on account of EIB financial operations which, due to their nature, are not subject to amortisation, in
particular equity-type investments, revolving mandates granted to the EIF, and the participation in the capital of the EIF
and the European Bank for Reconstruction and Development, shall be considered to amortise as follows: for a period of
10 years from the entry into force of this Agreement, the amount of the non-amortising exposure under the EIB financial
operation shall be considered to remain at the amount as approved by the EIB prior to the entry into force of this
Agreement, reduced by any disposal made by the EIB since this date. After this period, the amount shall be treated as
decreasing in proportion to the amortisation of the remaining amortising exposure on account of EIB financial operations.
3.
For the purposes of paragraph 1, the United Kingdom shall be liable for its share of the uncalled subscribed capital of
the EIB as it stood immediately prior to the date of entry into force of this Agreement. The United Kingdom shall make
payments to the EIB, up to the amount of its liability pursuant to this paragraph, when its liability is triggered in
accordance with paragraph 6.
That total liability pursuant to this paragraph shall at no point exceed the amount of the United Kingdom's share of the
uncalled subscribed capital of the EIB as it stood immediately prior to the date of entry into force of this Agreement.
When the amount of the remaining exposure of the EIB under the EIB financial operations referred to in paragraph 1 is
lower than the total amount of subscribed capital of the EIB as it stood immediately prior to the date of entry into force of
this Agreement, the amount of the liability of the United Kingdom pursuant to this paragraph shall, at any given time, be
limited to the amount obtained by applying the ratio of the United Kingdom subscribed capital of the EIB and the total
subscribed capital of the EIB as they stood immediately prior to the date of entry into force of this Agreement ("the United
Kingdom share of the subscribed capital") to the difference between the amount of that remaining exposure at that time,
and the total paid-in subscribed capital of the EIB as it stood immediately prior to the date of entry into force of this
Agreement.
4.
The EIB shall pay to the United Kingdom on behalf of the Union an amount equal to the United Kingdom's share of
the paid-in subscribed capital of the EIB as it stood immediately prior to the date of entry into force of this Agreement.
That payment shall be made in accordance with Protocol No 5 on the Statute of the European Investment Bank. It shall be
made in 12 yearly instalments. The first 11 instalments, each equal to EUR 300 000 000, shall be due on 15 December of
each year starting in 2019. The balance of EUR 195 903 950 shall be due on 15 December 2030. The payments made in
accordance with this paragraph shall not release the United Kingdom from its liability under paragraph 5.
5.
In addition to its liability under paragraph 3, for the purposes of paragraph 1, the United Kingdom shall be liable for
its paid-in subscribed capital of the EIB as it stood immediately prior to the date of entry into force of this Agreement. The
United Kingdom shall make payments to the EIB, up to the amount of its liability, in accordance with this paragraph, when
its liability is triggered under paragraph 6.
The total liability pursuant to this paragraph shall at no point exceed the amount of the paid-in subscribed capital of the
United Kingdom in the EIB as it stood immediately prior to the date of entry into force of this Agreement.
When the remaining exposure of the EIB on account of the EIB financial operations referred to in paragraph 1 is lower than
the total paid-in subscribed capital of the EIB as it stood immediately prior to the date of entry into force of this Agreement,
the amount of the liability of the United Kingdom pursuant to this paragraph shall, at any time, be limited to an amount
obtained by applying the ratio of the United Kingdom share of the subscribed capital to the amount of that remaining
exposure at that time.
6.
The liability of the United Kingdom in accordance with this Article shall be triggered, on a pari-passu basis with
respect to the Member States, in the event that the EIB requires the Member States to make payments on account of their
uncalled subscribed capital or when the paid‐in subscribed capital of the Member States is used.
When the liability of the United Kingdom pursuant to paragraph 3 is triggered, the United Kingdom shall pay the amount
due to the EIB under the same conditions as apply to the Member States (including the timing and the terms of the
payment), as decided by the Board of Directors of the EIB at the relevant time. The decision of the EIB requiring the
Member States to make payments on account of their uncalled subscribed capital may, in particular, be related to the
nature of underlying risk events and the financial position of the EIB in the light of its payment obligations, the state of its
assets and liabilities, its standing in capital markets, and the provisions of its contingency and recovery planning as
applicable at the relevant time.
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When the liability of the United Kingdom pursuant to paragraph 5 is triggered, the United Kingdom shall pay the amount
due to the EIB, in euro, within 30 days from the first demand from the EIB, and subject to the fourth subparagraph of this
paragraph.
The liability of the United Kingdom triggered in accordance with paragraph 5 shall be fulfilled from the United Kingdom's
share of paid-in subscribed capital of the EIB as it stood immediately prior to the date of entry into force of this Agreement
up to the amount not yet paid to the United Kingdom in accordance with paragraph 4. The amount of annual instalments
referred to in paragraph 4 shall be reduced accordingly. If the liability of the United Kingdom cannot be fully met in
accordance with this method, the United Kingdom shall pay to the EIB the remaining amount due.
The EIB shall, on behalf of the Union, in each case establish the attribution of the events underlying the triggering of the
liability of the United Kingdom to the relevant stock of financial operations or risks and the amount which the United
Kingdom is obliged to pay to the EIB as follows:
(a) to the extent that underlying events are attributable to EIB financial operations, or are attributable to associated asset-
liability management risk or operational risk, the United Kingdom shall pay to the EIB an amount equal to the United
Kingdom share of the subscribed capital of the total sum which the Member States are required to pay, or an amount
equal to the United Kingdom share of the subscribed capital of the total sum by which the paid-in subscribed capital
of the Member States is used, respectively;
(b) to the extent that underlying events are attributable to other risks, and are not attributable to any specific financial
operation or to the stock of financial operations built after the date of entry into force of this Agreement, the United
Kingdom shall pay to the EIB the amount resulting from point (a) multiplied by the ratio of the remaining exposure
due to EIB financial operations to the total amount of financial operations at the time the liability of the United
Kingdom is triggered.
7.
Except for the payments provided for in paragraph 4, the EIB shall not be obliged to make any other payment, return
or remuneration on account of the termination of the membership of the United Kingdom of the EIB or on account of the
retention by the United Kingdom of a liability in accordance with this Article.
8.
On 31 July 2019, the EIB shall communicate to the United Kingdom the United Kingdom's exposure under the EIB
financial operations, and the limit on the liability of the United Kingdom in accordance with paragraphs 3 and 5, reflecting
the financial situation of the EIB and the liability of the United Kingdom as of the date of entry into force of this Agreement.
On 31 March of every year, starting in 2020, until the extinction of the liability of the United Kingdom in accordance with
this Article, the EIB shall communicate to the United Kingdom the remaining exposure of the United Kingdom under the
EIB financial operations, and the limit on the liability of the United Kingdom in accordance with paragraphs 3 and 5,
reflecting the financial situation of the EIB and the liability of the United Kingdom as at 31 December of the preceding
year. The report shall also disclose any material changes which, in the opinion of the EIB, have a material impact on the
liability of the United Kingdom. The EIB shall also provide timely information if such changes occur during the year.
The EIB shall provide the United Kingdom with timely information regarding any upcoming triggering of the liability of the
United Kingdom pursuant to this Article, in line with the information provided to the Member States. That information
shall include information on the nature of the triggering event and the calculation of the amounts to be paid. The United
Kingdom shall treat that information as strictly confidential until the EIB lifts the confidentiality or until the liability of the
United Kingdom is triggered, whichever occurs first.
Article 151
Participation of the United Kingdom in EIB group after the withdrawal date
As from the date of entry into force of this Agreement, neither the United Kingdom nor projects located in the United
Kingdom shall be eligible for new financial operations from the EIB group that are reserved for Member States, including
those under Union mandates. Entities established in the United Kingdom shall be treated as entities located outside the
Union.
The signature of financial operations relating to the United Kingdom, to United Kingdom entities, or to United Kingdom
projects approved by the EIB group before the date of entry into force of this Agreement, may take place after that date on
the same basis as that on which they were originally approved.
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Chapter 5
E UROP E A N DEVEL OP MENT F UN D AN D TH E UNITED K IN GD OM 'S GUA RA NTEE UND ER TH E ED F
IN TERNA L AGREEMEN TS
Article 152
Participation in the European Development Fund
1.
The United Kingdom shall remain party to the European Development Fund ("EDF") until the closure of the 11th EDF
and all previous unclosed EDFs, and shall in this respect assume the same obligations as the Member States under the
Internal Agreement by which it was set up ("the 11th EDF Internal Agreement") (157), and shall assume the obligations
resulting from previous EDFs until their closure, including any such obligations under Council Regulations (EU)
2015/322 (158) and (EU) 2015/323 (159), subject to the conditions laid down in this Agreement. The United Kingdom shall
be bound by the decisions of the Council setting out the annual contributions of Member States as adopted under Article
21 of Regulation (EU) 2015/323. United Kingdom beneficiaries shall remain eligible to participate in projects under the
11th EDF and previous EDFs under the same conditions as before the date of entry into force of this Agreement.
2.
By way of derogation from Article 7 of this Agreement, the United Kingdom may participate, as an observer without
voting rights, in the EDF Committee as established in accordance with Article 8 of the 11th EDF Internal Agreement and in
the Investment Facility Committee as established in accordance with Article 9 of the 11th EDF Internal Agreement.
3.
The overseas countries and territories referred to in point (e) of Article 3(1) shall benefit from the 11th EDF until its
closure and from previous EDFs until their closure.
4.
The United Kingdom's share of the Investment Facility of the EDF from successive EDF periods shall be reimbursed to
the United Kingdom as the investment matures. The method for making this reimbursement shall be the same as the
method set out in Article 144. Unless agreed otherwise, the United Kingdom's capital share shall not be recommitted
beyond the end of the 11th EDF commitment period or rolled over into subsequent periods.
Article 153
Reuse of the decommitments
Where the amounts from projects under the 10th EDF or the amounts from previous EDFs have not been committed in
accordance with Article 1(3) of the 11th EDF Internal Agreement, or have been decommitted in accordance with to Article
1(4) of the 11th EDF Internal Agreement on the date of entry into force of this Agreement, the United Kingdom's share of
those amounts shall not be reused.
The first paragraph shall apply to the United Kingdom's share of funds not committed or decommitted under the 11th EDF
after 31 December 2020.
Article 154
The United Kingdom's guarantee under the successive EDF Internal Agreements
The United Kingdom shall remain liable in respect of its guarantees under Article 9 of the 4th EDF Internal Agreement (160),
Article 8 of the 5th (161), 6th (162), 7th (163) and 8th EDF Internal Agreement (164), Article 6 of the 9th EDF Internal
Agreement (165) and Article 4 of the 10th (166) and 11th EDF Internal Agreement.
(157) Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within
the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in
accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and
Territories to which Part Four of the Treaty on the Functioning of the European Union applies (OJ L 210, 6.8.2013, p. 1).
(158) Council Regulation (EU) 2015/322 of 2 March 2015 on the implementation of the 11th European Development Fund (OJ L 58,
3.3.2015, p. 1).
(159) Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the 11th European Development Fund
(OJ L 58, 3.3.2015, p. 17).
(160) OJ L 25, 30.1.1976, p. 168.
(161) OJ L 347, 22.12.1980, p. 210.
(162) OJ L 86, 31.3.1986, p. 210.
(163) OJ L 229, 17.8.1991, p. 288.
(164) OJ L 156, 29.5.1998, p. 108.
(165) OJ L 317, 15.12.2000, p. 355.
(166) OJ L 247, 9.9.2006, p. 32.
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The United Kingdom shall remain entitled to its share of any amounts recovered under the terms of the Member States'
guarantees and to the balance of its Member State Call Account. The United Kingdom's share referred to in this
subparagraph shall be in proportion to its respective participation in each guarantee agreement.
Chapter 6
TRU ST F UN DS A N D FACIL IT Y F OR R EF UG EES IN TUR KEY
Article 155
Commitments toward the Trust Funds and the Facility for Refugees in Turkey
1.
The United Kingdom shall honour the commitments it made before the date of entry into force of this Agreement to
the European Union Emergency Trust Fund for stability and addressing root causes of irregular migration and displaced
persons in Africa, established by Commission Decision of 20 October 2015 (167), to any future European Union Trust Fund
created before the date of entry into force of this Agreement, and to the Facility for Refugees in Turkey, established by
Commission decision of 24 November 2015 (168) and any amendments thereto adopted before the date of entry into force
of this Agreement.
2.
The United Kingdom may participate in the relevant bodies related to the Facility for Refugees in Turkey, following the
rules established for donors in accordance with Article 234(4) of the Financial Regulation.
Chapter 7
AG E NC IE S OF TH E COU NCIL AN D CO MMON SECURIT Y AND DEFENCE P OL ICY O PER AT IO NS
Article 156
The United Kingdom's obligations from the date of entry into force of this Agreement
Until 31 December 2020, the United Kingdom shall contribute to the financing of the European Defence Agency, the
European Union Institute for Security Studies, and the European Union Satellite Centre, as well as to the costs of Common
Security and Defence Policy operations, on the basis of the contribution keys set out in point (a) of Article 14(9) of Council
Decision (EU) 2016/1353 (169), in Article 10(3) of Council Decision 2014/75/CFSP (170), in Article 10(3) of Council Decision
2014/401/CFSP (171) and in the second subparagraph of Article 41(2) of the Treaty on European Union, respectively, and in
accordance with Article 5 of this Agreement.
(167) Commission Decision of 20 October 2015 on the establishment of a European Union Emergency Trust Fund for stability and
addressing root causes of irregular migration and displaced persons in Africa (C(2015) 7293).
(168) Commission Decision of 24 November 2015 on the coordination of the actions of the Union and of the Member States through a
coordination mechanism — the Refugee Facility for Turkey (OJ C 407, 8.12.2015, p. 8).
(169) Council Decision (EU) 2016/1353 of 4 August 2016 concerning the financial rules of the European Defence Agency and repealing
Decision 2007/643/CFSP (OJ L 219, 12.8.2016, p. 98).
(170) Council Decision 2014/75/CFSP of 10 February 2014 on the European Union Institute for Security Studies (OJ L 41, 12.2.2014, p.
13).
(171) Council Decision 2014/401/CFSP of 26 June 2014 on the European Union Satellite Centre and repealing Joint Action 2001/555/
CFSP on the establishment of a European Union Satellite Centre (OJ L 188, 27.6.2014, p. 73).
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Article 157
The United Kingdom's obligations after 31 December 2020
1.
Based on the accounts of the agencies, to the extent that the relevant liabilities have not been provisioned on
31 December 2020, the United Kingdom shall pay its share of the following liabilities in accordance with its contribution
key for each of those agencies on the basis of their audited accounts on 31 December 2020:
(a) the pension liabilities for the personnel of the European Defence Agency, the European Union Institute for Security
Studies, and the European Union Satellite Centre;
(b) any liabilities arising from the liquidation of the Western European Union.
2.
The payment in relation to the liabilities referred to in paragraph 1 shall be made by 30 June 2021.
PART SIX
INSTITUTIONAL AND FINAL PROVISIONS
TITLE I
CONSISTENT INTERPRETATION AND APPLICATION
Article 158
References to the Court of Justice of the European Union concerning Part Two
1.
Where, in a case which commenced at first instance within 8 years from the end of the transition period before a
court or tribunal in the United Kingdom, a question is raised concerning the interpretation of Part Two of this Agreement,
and where that court or tribunal considers that a decision on that question is necessary to enable it to give judgment in that
case, that court or tribunal may request the Court of Justice of the European Union to give a preliminary ruling on that
question.
However, where the subject matter of the case before the court or tribunal in the United Kingdom is a decision on an
application made pursuant to Article 18(1) or (4) or pursuant to Article 19, a request for a preliminary ruling may be
made only where the case commenced at first instance within a period of 8 years from the date from which Article 19
applies.
2.
The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings on requests pursuant to
paragraph 1. The legal effects in the United Kingdom of such preliminary rulings shall be the same as the legal effects of
preliminary rulings given pursuant to Article 267 TFEU in the Union and its Member States.
3.
In the event that the Joint Committee adopts a decision under Article 132(1), the period of eight years referred to in
the second subparagraph of paragraph 1 shall be automatically extended by the corresponding number of months by
which the transition period is extended.
Article 159
Monitoring of the implementation and application of Part Two
1.
In the United Kingdom, the implementation and application of Part Two shall be monitored by an independent
authority (the "Authority") which shall have powers equivalent to those of the European Commission acting under the
Treaties to conduct inquiries on its own initiative concerning alleged breaches of Part Two by the administrative authorities
of the United Kingdom and to receive complaints from Union citizens and their family members for the purposes of
conducting such inquiries. The Authority shall also have the right, following such complaints, to bring a legal action before
a competent court or tribunal in the United Kingdom in an appropriate judicial procedure with a view to seeking an
adequate remedy.
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2.
The European Commission and the Authority shall each annually inform the specialised Committee on citizens'
rights referred to in point (a) of Article 165(1) on the implementation and application of Part Two in the Union and in the
United Kingdom, respectively. The information provided shall, in particular, cover measures taken to implement or comply
with Part Two and the number and nature of complaints received.
3.
The Joint Committee shall assess, no earlier than 8 years after the end of the transition period, the functioning of the
Authority. Following such assessment, it may decide, in good faith, pursuant to point (f) of Article 164(4) and Article 166,
that the United Kingdom may abolish the Authority.
Article 160
Jurisdiction of the Court of Justice of the European Union concerning certain provisions of Part Five
Without prejudice to Article 87 of this Agreement, Articles 258, 260 and 267 TFEU shall apply in respect of the
interpretation and application of applicable Union law referred to in Article 136 and Article 138(1) or (2) of this
Agreement. To this effect, any reference made in Articles 258, 260 and 267 TFEU to a Member State shall be understood
as including the United Kingdom.
Article 161
Procedures before the Court of Justice of the European Union
1.
Where a court or tribunal of a Member State refers a question concerning the interpretation of this Agreement to the
Court of Justice of the European Union for a preliminary ruling, the decision of the national court or tribunal containing
that question shall be notified to the United Kingdom.
2.
The provisions of Union law governing procedures brought before the Court of Justice of the European Union in
accordance with Article 267 TFEU shall apply mutatis mutandis to requests for a ruling of the Court of Justice of the
European Union made pursuant to Article 158 of this Agreement.
The provisions of Union law governing the procedure before the Court of Justice of the European Union shall apply in
respect of the proceedings before the Court of Justice of the European Union and requests for preliminary rulings made in
accordance with Article 160 of this Agreement.
3.
In the cases brought before the Court of Justice of the European Union in accordance with paragraph 1 and Articles
158 and 160 of this Agreement and Article 12 of the Protocol on the Sovereign Base Areas:
(a) the United Kingdom may participate in the proceedings before the Court of Justice of the European Union in the same
way as a Member State;
(b) lawyers authorised to practise before the courts or tribunals of the United Kingdom shall be entitled to represent or
assist any parties to such proceedings before the Court of Justice of the European Union; in such cases those lawyers
shall in every respect be treated as lawyers authorised to practise before courts of Member States representing or
assisting a party before the Court of Justice of the European Union.
Article 162
Participation of the European Commission in cases pending in the United Kingdom
Where the consistent interpretation and application of this Agreement so requires, the European Commission may submit
written observations to the courts and tribunals of the United Kingdom in pending cases where the interpretation of the
Agreement is concerned. The European Commission may, with the permission of the court or tribunal in question, also
make oral observations. The European Commission shall inform the United Kingdom of its intention to submit
observations before formally making such submissions.
Article 163
Regular dialogue and exchange of information
In order to facilitate the consistent interpretation of this Agreement and in full deference to the independence of courts, the
Court of Justice of the European Union and the United Kingdom's highest courts shall engage in regular dialogue, analogous
to the dialogue in which the Court of Justice of the European Union engages with the highest courts of the Member States.
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TITLE II
INSTITUTIONAL PROVISIONS
Article 164
Joint Committee
1.
A Joint Committee, comprising representatives of the Union and of the United Kingdom, is hereby established. The
Joint Committee shall be co-chaired by the Union and the United Kingdom.
2.
The Joint Committee shall meet at the request of the Union or the United Kingdom, and in any event shall meet at
least once a year. The Joint Committee shall set its meeting schedule and its agenda by mutual consent. The work of the
Joint Committee shall be governed by the rules of procedure set out in Annex VIII to this Agreement.
3.
The Joint Committee shall be responsible for the implementation and application of this Agreement. The Union and
the United Kingdom may each refer to the Joint Committee any issue relating to the implementation, application and
interpretation of this Agreement.
4.
The Joint Committee shall:
(a) supervise and facilitate the implementation and application of this Agreement;
(b) decide on the tasks of the specialised committees and supervise their work;
(c) seek appropriate ways and methods of preventing problems that might arise in areas covered by this Agreement or of
resolving disputes that may arise regarding the interpretation and application of this Agreement;
(d) consider any matter of interest relating to an area covered by this Agreement;
(e) adopt decisions and make recommendations as set out in Article 166; and
(f) adopt amendments to this Agreement in the cases provided for in this Agreement.
5.
The Joint Committee may:
(a) delegate responsibilities to specialised committees, except those responsibilities referred to in points (b), (e) and (f) of
paragraph 4;
(b) establish specialised committees other than those established by Article 165, in order to assist the Joint Committee in
the performance of its tasks;
(c) change the tasks assigned to specialised committees and dissolve any of those committees;
(d) except in relation to Parts One, Four and Six, until the end of the fourth year following the end of the transition period,
adopt decisions amending this Agreement, provided that such amendments are necessary to correct errors, to address
omissions or other deficiencies, or to address situations unforeseen when this Agreement was signed, and provided
that such decisions may not amend the essential elements of this Agreement;
(e) adopt amendments to the rules of procedure set out in Annex VIII; and
(f) take such other actions in the exercise of its functions as decided by the Union and the United Kingdom.
6.
The Joint Committee shall issue an annual report on the functioning of this Agreement.
Article 165
Specialised committees
1.
The following specialised committees are hereby established:
(a) the Committee on citizens' rights;
(b) the Committee on the other separation provisions;
(c) the Committee on issues related to the implementation of the Protocol on Ireland/Northern Ireland;
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(d) the Committee on issues related to the implementation of the Protocol relating to the Sovereign Base Areas in Cyprus;
(e) the Committee on issues related to the implementation of the Protocol on Gibraltar; and
(f) the Committee on the financial provisions.
Those specialised committees shall comprise representatives of the Union and representatives of the United Kingdom.
2.
The work of the specialised committees shall be governed by the rules of procedure set out in Annex VIII to this
Agreement.
Unless otherwise provided in this Agreement, or unless the co-chairs decide otherwise, the specialised committees shall
meet at least once a year. Additional meetings may be held at the request of the Union, the United Kingdom, or of the Joint
Committee. They shall be co-chaired by representatives of the Union and of the United Kingdom. The specialised
committees shall set their meeting schedule and agenda by mutual consent. The specialised committees may draw up draft
decisions and recommendations and refer them for adoption by the Joint Committee.
3.
The Union and the United Kingdom shall ensure that their respective representatives on the specialised committees
have the appropriate expertise with respect to the issues under discussion.
4.
The specialised committees shall inform the Joint Committee of their meeting schedules and agenda sufficiently in
advance of their meetings, and shall report to the Joint Committee on the results and conclusions of each of their
meetings. The creation or existence of a specialised committee shall not prevent the Union or the United Kingdom from
bringing any matter directly to the Joint Committee.
Article 166
Decisions and recommendations
1.
The Joint Committee shall, for the purposes of this Agreement, have the power to adopt decisions in respect of all
matters for which this Agreement so provides and to make appropriate recommendations to the Union and the United
Kingdom.
2.
The decisions adopted by the Joint Committee shall be binding on the Union and the United Kingdom, and the Union
and the United Kingdom shall implement those decisions. They shall have the same legal effect as this Agreement.
3.
The Joint Committee shall adopt its decisions and make its recommendations by mutual consent.
TITLE III
DISPUTE SETTLEMENT
Article 167
Cooperation
The Union and the United Kingdom shall at all times endeavour to agree on the interpretation and application of this
Agreement, and shall make every attempt, through cooperation and consultations, to arrive at a mutually satisfactory
resolution of any matter that might affect its operation.
Article 168
Exclusivity
For any dispute between the Union and the United Kingdom arising under this Agreement, the Union and the United
Kingdom shall only have recourse to the procedures provided for in this Agreement.
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Article 169
Consultations and communications within the Joint Committee
1.
The Union and the United Kingdom shall endeavour to resolve any dispute regarding the interpretation and
application of the provisions of this Agreement by entering into consultations in the Joint Committee in good faith, with
the aim of reaching a mutually agreed solution. A party wishing to commence consultations shall provide written notice
to the Joint Committee.
2.
Any communication or notification between the Union and the United Kingdom provided for in this Title shall be
made within the Joint Committee.
Article 170
Initiation of the arbitration procedure
1.
Without prejudice to Article 160, if no mutually agreed solution has been reached within 3 months after a written
notice has been provided to the Joint Committee in accordance with Article 169(1), the Union or the United Kingdom
may request the establishment of an arbitration panel. Such request shall be made in writing to the other party and to the
International Bureau of the Permanent Court of Arbitration. The request shall identify the subject matter of the dispute to
be brought before the arbitration panel and a summary of the legal arguments in support of the request.
2.
The Union and the United Kingdom may agree that the establishment of an arbitration panel may be requested before
the expiry of the time limit laid down in paragraph 1.
Article 171
Establishment of the arbitration panel
1.
The Joint Committee shall, no later than by the end of the transition period, establish a list of 25 persons who are
willing and able to serve as members of an arbitration panel. To that end, the Union and the United Kingdom shall each
propose ten persons. The Union and the United Kingdom shall also jointly propose five persons to act as chairperson of
the arbitration panel. The Joint Committee shall ensure that the list complies with these requirements at any moment in
time.
2.
The list established pursuant to paragraph 1 shall only comprise persons whose independence is beyond doubt, who
possess the qualifications required for appointment to the highest judicial office in their respective countries or who are
jurisconsults of recognised competence, and who possess specialised knowledge or experience of Union law and public
international law. That list shall not comprise persons who are members, officials or other servants of the Union
institutions, of the government of a Member State, or of the government of the United Kingdom.
3.
An arbitration panel shall be composed of five members.
4.
Within 15 days of the date of a request in accordance with Article 170, the panel shall be established in accordance
with paragraphs 5 and 6.
5.
The Union and the United Kingdom shall each nominate two members from among the persons on the list
established under paragraph 1. The chairperson shall be selected by consensus by the members of the panel from the
persons jointly nominated by the Union and the United Kingdom to serve as a chairperson.
In the event that the members of the panel are unable to agree on the selection of the chairperson within the time limit laid
down in paragraph 4, the Union or the United Kingdom may request the Secretary-General of the Permanent Court of
Arbitration to select the chairperson by lot from among the persons jointly proposed by the Union and the United
Kingdom to act as chairperson.
6.
The Secretary-General of the Permanent Court of Arbitration shall make the selection referred to in second
subparagraph of paragraph 5 within 5 days of the request referred to in paragraph 5. Representatives of the Union and of
the United Kingdom shall be entitled to be present at the selection.
7.
The date of establishment of the arbitration panel shall be the date on which the selection procedure is completed.
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8.
In the event that the list referred to in paragraph 1 has not been established by expiry of the time limit laid down in
paragraph 4, the Union and the United Kingdom shall within 5 days each nominate two persons to serve as members of
the panel. If persons have been proposed under paragraph 1, the nominations shall be made from among those persons.
The chairperson shall then be appointed in accordance with the procedure set out in paragraph 5. In the event that the
Union and the United Kingdom have not, within a further 5 days, jointly proposed at least one person to serve as
chairperson, the Secretary-General of the Permanent Court of Arbitration shall within five days, after consultation with the
Union and the United Kingdom, propose a chairperson who fulfils the requirements of paragraph 2. Unless either the
Union or the United Kingdom objects to that proposal within 5 days, the person proposed by the Secretary-General of the
Permanent Court of Arbitration shall be appointed.
9.
In the event of failure to establish an arbitration panel within 3 months from the date of the request made pursuant to
Article 170, the Secretary-General of the Permanent Court of Arbitration shall, upon request by either the Union or the
United Kingdom, within 15 days of such request, after consultation with the Union and the United Kingdom, appoint
persons who fulfil the requirements of paragraph 2 of this Article to constitute the arbitration panel.
Article 172
Rules of procedure
Dispute settlement procedures set out in this Title shall be governed by the rules of procedure set out in Part A of Annex IX
("Rules of Procedure"), the Joint Committee shall keep the functioning of those dispute settlement procedures under
constant review and may amend the Rules of Procedure.
Article 173
Time-frame of the procedure before the arbitration panel
1.
The arbitration panel shall notify its ruling to the Union, the United Kingdom and the Joint Committee within 12
months from the date of establishment of the arbitration panel. Where the arbitration panel considers that it cannot
comply with this time limit, its chairperson shall notify the Union and the United Kingdom in writing, stating the reasons
for the delay and the date on which the panel intends to conclude its work.
2.
Within 10 days of the establishment of the arbitration panel the Union or the United Kingdom may submit a
reasoned request to the effect that the case is urgent. In that case, the arbitration panel shall give a ruling on the urgency
within 15 days from the receipt of such request. If it has determined the urgency of the case, the arbitration panel shall
make every effort to notify its ruling to the Union and the United Kingdom within 6 months from the date of its
establishment.
Article 174
Disputes raising questions of Union law
1.
Where a dispute submitted to arbitration in accordance with this Title raises a question of interpretation of a concept
of Union law, a question of interpretation of a provision of Union law referred to in this Agreement or a question of
whether the United Kingdom has complied with its obligations under Article 89(2), the arbitration panel shall not decide
on any such question. In such case, it shall request the Court of Justice of the European Union to give a ruling on the
question. The Court of Justice of the European Union shall have jurisdiction to give such a ruling which shall be binding
on the arbitration panel.
The arbitration panel shall make the request referred to in the first subparagraph after having heard the parties.
2.
Without prejudice to the first sentence of the first subparagraph of paragraph 1, if the Union or the United Kingdom
considers that a request in accordance with paragraph 1 is to be made, it may make submissions to the arbitration panel to
that effect. In such case, the arbitration panel shall submit the request in accordance with paragraph 1 unless the question
raised does not concern the interpretation of a concept of Union law, interpretation of a provision of Union law referred to
in this Agreement, or does not concern whether the United Kingdom has complied with its obligations under Article 89(2).
The arbitration panel shall provide reasons for its assessment. Within 10 days following the assessment, either party may
request the arbitration panel to review its assessment, and a hearing shall be organised within 15 days of the request for
the parties to be heard on the matter. The arbitration panel shall provide reasons for its assessment.
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3.
In the cases referred to in paragraphs 1 and 2, the time limits laid down in Article 173 shall be suspended until the
Court of Justice of the European Union has given its ruling. The arbitration panel shall not be required to give its ruling
less than 60 days from the date on which the Court of Justice of the European Union has given its ruling.
4.
The first subparagraph of Article 161(2) and Article 161(3) shall apply mutatis mutandis to the procedures brought
before the Court of Justice of the European Union in accordance with this Article.
Article 175
Compliance with the arbitration panel ruling
The arbitration panel ruling shall be binding on the Union and the United Kingdom. The Union and the United Kingdom
shall take any measures necessary to comply in good faith with the arbitration panel ruling and shall endeavour to agree
on the period of time to comply with the ruling in accordance with the procedure in Article 176.
Article 176
Reasonable period of time for compliance
1.
No later than 30 days after the notification of the arbitration panel ruling to the Union and the United Kingdom, the
respondent shall, if the panel has ruled in favour of the complainant, notify the complainant of the time it considers it will
require for compliance (the "reasonable period of time").
2.
If there is disagreement between the Union and the United Kingdom on the reasonable period of time to comply with
the arbitration panel ruling, the complainant shall, within 40 days of the notification by the respondent under paragraph 1,
request the original arbitration panel in writing to determine the length of the reasonable period of time. Such request shall
be notified simultaneously to the respondent. The arbitration panel shall notify its decision on the period for compliance to
the Union and the United Kingdom within 40 days of the date of submission of the request.
3.
In the event of the original arbitration panel, or some of its members, being unable to reconvene to consider a request
under paragraph 2, a new arbitration panel shall be established as set out in Article 171. The time limit for notifying the
decision shall be 60 days from the date of establishment of the new arbitration panel.
4.
The respondent shall inform the complainant in writing of its progress in complying with the arbitration panel ruling
referred to in Article 173 at least 1 month before the expiry of the reasonable period of time.
5.
The reasonable period of time may be extended by mutual agreement of the Union and the United Kingdom.
Article 177
Review of any measure taken to comply with the arbitration panel ruling
1.
The respondent shall notify the complainant before the end of the reasonable period of time of any measure that it
has taken to comply with the arbitration panel ruling.
2.
If, at the end of the reasonable period, the complainant considers that the respondent has failed to comply with the
arbitration panel ruling referred to in Article 173, the complainant may request the original arbitration panel in writing to
rule on the matter. The arbitration panel shall notify its ruling to the Union and the United Kingdom within 90 days of the
date of submission of the request.
3.
In the event of the original arbitration panel, or some of its members, being unable to reconvene to consider a request
under paragraph 2, a new arbitration panel shall be established as set out in Article 171. The time limit for notifying the
ruling shall be 60 days from the date of establishment of the new arbitration panel.
4.
Where a case referred to the arbitration panel pursuant to paragraph 2 raises a question of interpretation of a concept
of Union law or a question of interpretation of a provision of Union law referred to in this Agreement, Article 174 shall
apply mutatis mutandis.
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Article 178
Temporary remedies in case of non-compliance
1.
If the arbitration panel rules in accordance with Article 177(2) that the respondent has failed to comply with the
arbitration panel ruling referred to in Article 173, at the request of the complainant it may impose a lump sum or penalty
payment to be paid to the complainant. In determining the lump sum or penalty payment, the arbitration panel shall take
into account the seriousness of the non-compliance and underlying breach of obligation, the duration of the non‐
compliance and underlying breach of obligation.
2.
If, 1 month after the arbitration panel ruling referred to in paragraph 1, the respondent has failed to pay any lump
sum or penalty payment imposed on it, or if, 6 months after the arbitration panel ruling referred to in Article 177(2), the
respondent persists in not complying with the arbitration panel ruling referred to in Article 173, the complainant shall be
entitled, upon notification to the respondent, to suspend obligations arising from:
(a) any provision of this Agreement other than those contained in Part Two; or
(b) parts of any other agreement between the Union and the United Kingdom under the conditions set out in that
agreement.
The notification shall specify the provisions which the complainant intends to suspend. Before deciding to suspend parts of
an agreement referred to in point (b) the complainant shall first consider whether the suspension of the provision of this
Agreement in accordance with point (a) would be an appropriate response to the breach. Any suspension shall be
proportionate to the breach of obligation concerned, taking into account the gravity of the breach and the rights in
question and, where the suspension is based on the fact that the respondent persists in not complying with the arbitration
panel ruling referred to in Article 173, whether a penalty payment has been imposed on the respondent and has been paid
or is still being paid by the latter.
The complainant may implement the suspension at any moment but not earlier than 10 days after the date of the
notification, unless the respondent has requested arbitration under paragraph 3.
3.
If the respondent considers that the extent of the suspension set out in the notification referred to in paragraph 2 is
not proportionate, it may request the original arbitration panel in writing to rule on the matter. Such request shall be
notified to the complainant before the expiry of the 10-day period referred to in paragraph 2. The arbitration panel shall
notify its ruling to the Union and the United Kingdom within 60 days of the date of submission of the request. Obligations
shall not be suspended until the arbitration panel has notified its ruling, and any suspension shall be consistent with the
arbitration panel ruling.
4.
In the event of the original arbitration panel, or some of its members, being unable to reconvene to consider a request
under paragraph 2, a new arbitration panel shall be established as set out in Article 171. In such cases, the period for
notifying the ruling shall be 90 days from the date of establishment of the new arbitration panel.
5.
The suspension of obligations shall be temporary and shall be applied only until any measure found to be inconsistent
with the provisions of this Agreement has been withdrawn or amended, so as to achieve conformity with the provisions of
this Agreement, or until the Union and the United Kingdom have agreed to otherwise settle the dispute.
Article 179
Review of any measure taken after temporary remedies
1.
Where the complainant has suspended obligations in accordance with Article 178 or where the arbitration panel has
imposed a penalty payment on the respondent in accordance with Article 178(1), the respondent shall notify the
complainant of any measure it has taken to comply with the ruling of the arbitration panel and of its request for an end to
the suspension of obligations applied by the complainant or to the penalty payment.
2.
If the Union and the United Kingdom do not reach an agreement on whether the notified measure brings the
respondent into conformity with the provisions of this Agreement within 45 days of the date of submission of the
notification, either party may request the original arbitration panel in writing to rule on the matter. Such request shall be
notified simultaneously to the other party. The arbitration panel ruling shall be notified to the Union and the United
Kingdom and to the Joint Committee within 75 days of the date of submission of the request.
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If the arbitration panel rules that the respondent has brought itself into conformity with this Agreement, or if the
complainant does not, within 45 days of the submission of the notification referred to in paragraph 1, request that the
original arbitration panel rule on the matter:
(a) the suspension of obligations shall be terminated within 15 days of either the ruling of the arbitration panel or the end
of the 45-day period;
(b) the penalty payment shall be terminated on the day after either the ruling of the arbitration panel or the end of the 45-
day period.
3.
In the event of the original arbitration panel, or some of its members, being unable to reconvene to consider a request
under paragraph 2, a new arbitration panel shall be established as set out in Article 171. The period for notifying the ruling
shall in that case be 90 days from the date of establishment of the new arbitration panel.
4.
Where a case referred to the arbitration panel pursuant to paragraph 2 raises a question of interpretation of a concept
of Union law or a question of interpretation of a provision of Union law referred to in this Agreement, Article 174 shall
apply mutatis mutandis.
Article 180
Arbitration panel decisions and rulings
1.
The arbitration panel shall make every effort to take decisions by consensus. Where, nevertheless, a decision cannot
be arrived at by consensus, the matter at issue shall be decided by majority vote. However, in no case dissenting opinions
of members of an arbitration panel shall be published.
2.
Any ruling of the arbitration panel shall be binding on the Union and the United Kingdom. The ruling shall set out
the findings of fact, the applicability of the relevant provisions of this Agreement, and the reasoning behind any findings
and conclusions. The Union and the United Kingdom shall make the arbitration panel rulings and decisions publicly
available in their entirety, subject to the protection of confidential information.
Article 181
Members of an arbitration panel
1.
The members of an arbitration panel shall be independent, shall serve in their individual capacity and shall not take
instructions from any organisation or government, and shall comply with the Code of Conduct set out in Part B of Annex
IX. The Joint Committee may amend that Code of Conduct.
2.
The members of an arbitration panel shall, as from the establishment thereof, enjoy immunity from legal proceedings
in the Union and the United Kingdom with respect to acts performed by them in the exercise of their functions on that
arbitration panel.
TITLE IV
FINAL PROVISIONS
Article 182
Protocols and Annexes
The Protocol on Ireland / Northern Ireland, the Protocol relating to the Sovereign Base Areas in Cyprus, the Protocol on
Gibraltar, and Annexes I to IX shall form an integral part of this Agreement.
Article 183
Authentic texts and depositary
This Agreement is drawn up in a single original in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish,
French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak,
Slovenian, Spanish and Swedish languages, the texts in each of these languages being equally authentic.
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The Secretary General of the Council shall be the depositary of this Agreement.
Article 184
Negotiations on the future relationship
The Union and the United Kingdom shall use their best endeavours, in good faith and in full respect of their respective legal
orders, to take the necessary steps to negotiate expeditiously the agreements governing their future relationship referred to
in the Political Declaration of 17 October 2019 and to conduct the relevant procedures for the ratification or conclusion of
those agreements, with a view to ensuring that those agreements apply, to the extent possible, as from the end of the
transition period.
Article 185
Entry into force and application
This Agreement shall enter into force on one of the following dates, whichever is the earliest:
(a) the day following the end of the period provided for in Article 50(3) TEU, as extended by the European Council in
agreement with the United Kingdom, provided that, prior to that date, the depositary of this Agreement has received
the written notifications by the Union and the United Kingdom regarding the completion of the necessary internal
procedures;
(b) the first day of the month following the receipt by the depositary of this Agreement of the last of the written
notifications referred to in point (a).
In the event that, prior to the end of the period provided for in Article 50(3) TEU, as extended by the European Council in
agreement with the United Kingdom, the depositary of this Agreement has not received the written notifications referred to
in point (a), this Agreement shall not enter into force.
When making the written notification referred to in the first paragraph, the Union, in respect of any Member State which
has raised reasons related to fundamental principles of national law of that Member State, may declare that, during the
transition period, in addition to the grounds for non‐execution of a European arrest warrant referred to in Framework
Decision 2002/584/JHA, the executing judicial authorities of that Member State may refuse to surrender its nationals to
the United Kingdom pursuant to a European arrest warrant. In such a case, the United Kingdom may declare, no later than
1 month after the receipt of the Union's declaration, that its executing judicial authorities may refuse to surrender its
nationals to that Member State.
Parts Two and Three, with the exception of Article 19, Article 34(1), Article 44, and Article 96(1), as well as Title I of Part
Six and Articles 169 to 181, shall apply as from the end of the transition period.
The Protocol on Ireland/Northern Ireland shall apply as from the end of the transition period, with the exception of the
following provisions of that Protocol, which shall apply as from the entry into force of this Agreement:
— Article 1;
— the third, fourth and sixth subparagraphs of Article 5 (2);
— the second sentence of Article 5(3);
— the last sentence of Article 10(2);
— Article 12(3);
— Article 13(8);
— Article 14;
— Article 15(1) to (4) and (6);
— Article 19;
— the first paragraph of Annex 6.
The Protocol relating to the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus,
with the exception of Article 11 thereof, shall apply as from the end of the transition period.
The Protocol on Gibraltar, with the exception of Article 1 thereof, shall cease to apply at the end of the transition period.
Done at …
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PROTOCOL ON IRELAND/NORTHERN IRELAND
The Union and the United Kingdom,
HAVING REGARD to the historic ties and enduring nature of the bilateral relationship between Ireland and the United
Kingdom,
RECALLING that the United Kingdom's withdrawal from the Union presents a significant and unique challenge to the island
of Ireland, and reaffirming that the achievements, benefits and commitments of the peace process will remain of
paramount importance to peace, stability and reconciliation there,
RECOGNISING that it is necessary to address the unique circumstances on the island of Ireland through a unique solution in
order to ensure the orderly withdrawal of the United Kingdom from the Union,
AFFIRMING that the Good Friday or Belfast Agreement of 10 April 1998 between the Government of the United Kingdom,
the Government of Ireland and the other participants in the multi-party negotiations (the "1998 Agreement"), which is
annexed to the British-Irish Agreement of the same date (the "British-Irish Agreement"), including its subsequent
implementation agreements and arrangements, should be protected in all its parts,
RECOGNISING that cooperation between Northern Ireland and Ireland is a central part of the 1998 Agreement and is
essential for achieving reconciliation and the normalisation of relationships on the island of Ireland, and recalling the roles,
functions and safeguards of the Northern Ireland Executive, the Northern Ireland Assembly and the North-South
Ministerial Council (including cross-community provisions), as set out in the 1998 Agreement,
NOTING that Union law has provided a supporting framework for the provisions on Rights, Safeguards and Equality of
Opportunity of the 1998 Agreement,
RECOGNISING that Irish citizens in Northern Ireland, by virtue of their Union citizenship, will continue to enjoy, exercise
and have access to rights, opportunities and benefits, and that this Protocol should respect and be without prejudice to the
rights, opportunities and identity that come with citizenship of the Union for the people of Northern Ireland who choose
to assert their right to Irish citizenship, as defined in Annex 2 of the British-Irish Agreement "Declaration on the
Provisions of Paragraph (vi) of Article 1 in Relation to Citizenship",
EMPHASISING that in order to ensure democratic legitimacy, there should be a process to ensure democratic consent in
Northern Ireland to the application of Union law under this Protocol,
RECALLING the commitment of the United Kingdom to protect North-South cooperation and its guarantee of avoiding a
hard border, including any physical infrastructure or related checks and controls,
NOTING that nothing in this Protocol prevents the United Kingdom from ensuring unfettered market access for goods
moving from Northern Ireland to the rest of the United Kingdom's internal market,
UNDERLINING the Union's and the United Kingdom's shared aim of avoiding controls at the ports and airports of Northern
Ireland, to the extent possible in accordance with applicable legislation and taking into account their respective regulatory
regimes as well as the implementation thereof,
RECALLING the commitments of the Union and the United Kingdom reflected in the Joint Report from the negotiators of
the European Union and the United Kingdom Government on progress during phase 1 of negotiations under Article 50
TEU on the United Kingdom's orderly withdrawal from the European Union of 8 December 2017,
RECALLING that the Union and the United Kingdom have carried out a mapping exercise which shows that North-South
cooperation relies to a significant extent on a common Union legal and policy framework,
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NOTING that therefore the United Kingdom's withdrawal from the Union gives rise to substantial challenges to the
maintenance and development of North-South cooperation,
RECALLING that the United Kingdom remains committed to protecting and supporting continued North-South and East-
West cooperation across the full range of political, economic, security, societal and agricultural contexts and frameworks
for cooperation, including the continued operation of the North-South implementation bodies,
ACKNOWLEDGING the need for this Protocol to be implemented so as to maintain the necessary conditions for continued
North-South cooperation, including for possible new arrangements in accordance with the 1998 Agreement,
RECALLING the Union's and the United Kingdom's commitments to the North South PEACE and INTERREG funding
programmes under the current multi-annual financial framework and to the maintaining of the current funding
proportions for the future programme,
AFFIRMING the commitment of the United Kingdom to facilitate the efficient and timely transit through its territory of
goods moving from Ireland to another Member State or to a third country, and vice versa,
DETERMINED that the application of this Protocol should impact as little as possible on the everyday life of communities in
both Ireland and Northern Ireland,
UNDERLINING their firm commitment to no customs and regulatory checks or controls and related physical infrastructure
at the border between Ireland and Northern Ireland,
RECALLING that Northern Ireland is part of the customs territory of the United Kingdom and will benefit from participation
in the United Kingdom's independent trade policy,
HAVING REGARD to the importance of maintaining the integral place of Northern Ireland in the United Kingdom's internal
market,
MINDFUL that the rights and obligations of Ireland under the rules of the Union's internal market and customs union must
be fully respected,
HAVE AGREED UPON the following provisions, which shall be annexed to the Withdrawal Agreement:
Article 1
Objectives
1.
This Protocol is without prejudice to the provisions of the 1998 Agreement in respect of the constitutional status of
Northern Ireland and the principle of consent, which provides that any change in that status can only be made with the
consent of a majority of its people.
2.
This Protocol respects the essential State functions and territorial integrity of the United Kingdom.
3.
This Protocol sets out arrangements necessary to address the unique circumstances on the island of Ireland, to
maintain the necessary conditions for continued North-South cooperation, to avoid a hard border and to protect the 1998
Agreement in all its dimensions.
Article 2
Rights of individuals
1.
The United Kingdom shall ensure that no diminution of rights, safeguards or equality of opportunity, as set out in that
part of the 1998 Agreement entitled Rights, Safeguards and Equality of Opportunity results from its withdrawal from the
Union, including in the area of protection against discrimination, as enshrined in the provisions of Union law listed in
Annex 1 to this Protocol, and shall implement this paragraph through dedicated mechanisms.
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2.
The United Kingdom shall continue to facilitate the related work of the institutions and bodies set up pursuant to the
1998 Agreement, including the Northern Ireland Human Rights Commission, the Equality Commission for Northern
Ireland and the Joint Committee of representatives of the Human Rights Commissions of Northern Ireland and Ireland, in
upholding human rights and equality standards.
Article 3
Common Travel Area
1.
The United Kingdom and Ireland may continue to make arrangements between themselves relating to the movement
of persons between their territories (the "Common Travel Area"), while fully respecting the rights of natural persons
conferred by Union law.
2.
The United Kingdom shall ensure that the Common Travel Area and the rights and privileges associated therewith can
continue to apply without affecting the obligations of Ireland under Union law, in particular with respect to free movement
to, from and within Ireland for Union citizens and their family members, irrespective of their nationality.
Article 4
Customs territory of the United Kingdom
Northern Ireland is part of the customs territory of the United Kingdom.
Accordingly, nothing in this Protocol shall prevent the United Kingdom from including Northern Ireland in the territorial
scope of any agreements it may conclude with third countries, provided that those agreements do not prejudice the
application of this Protocol.
In particular, nothing in this Protocol shall prevent the United Kingdom from concluding agreements with a third country
that grant goods produced in Northern Ireland preferential access to that country's market on the same terms as goods
produced in other parts of the United Kingdom.
Nothing in this Protocol shall prevent the United Kingdom from including Northern Ireland in the territorial scope of its
Schedules of Concessions annexed to the General Agreement on Tariffs and Trade 1994.
Article 5
Customs, movement of goods
1.
No customs duties shall be payable for a good brought into Northern Ireland from another part of the United
Kingdom by direct transport, notwithstanding paragraph 3, unless that good is at risk of subsequently being moved into
the Union, whether by itself or forming part of another good following processing.
The customs duties in respect of a good being moved by direct transport to Northern Ireland other than from the Union or
from another part of the United Kingdom shall be the duties applicable in the United Kingdom, notwithstanding paragraph
3, unless that good is at risk of subsequently being moved into the Union, whether by itself or forming part of another good
following processing.
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No duties shall be payable by, as relief shall be granted to, residents of the United Kingdom for personal property, as defined
in point (c) of Article 2(1) of Council Regulation (EC) No 1186/2009 (1), brought into Northern Ireland from another part
of the United Kingdom.
2.
For the purposes of the first and second subparagraphs of paragraph 1, a good brought into Northern Ireland from
outside the Union shall be considered to be at risk of subsequently being moved into the Union unless it is established that
that good:
(a) will not be subject to commercial processing in Northern Ireland; and
(b) fulfils the criteria established by the Joint Committee in accordance with the fourth subparagraph of this paragraph.
For the purposes of this paragraph, "processing" means any alteration of goods, any transformation of goods in any way, or
any subjecting of goods to operations other than for the purpose of preserving them in good condition or for adding or
affixing marks, labels, seals or any other documentation to ensure compliance with any specific requirements.
Before the end of the transition period, the Joint Committee shall by decision establish the conditions under which
processing is to be considered not to fall within point (a) of the first subparagraph, taking into account in particular the
nature, scale and result of the processing.
Before the end of the transition period, the Joint Committee shall by decision establish the criteria for considering that a
good brought into Northern Ireland from outside the Union is not at risk of subsequently being moved into the Union.
The Joint Committee shall take into consideration, inter alia:
(a) the final destination and use of the good;
(b) the nature and value of the good;
(c) the nature of the movement; and
(d) the incentive for undeclared onward-movement into the Union, in particular incentives resulting from the duties
payable pursuant to paragraph 1.
The Joint Committee may amend at any time its decisions adopted pursuant to this paragraph.
In taking any decision pursuant to this paragraph, the Joint Committee shall have regard to the specific circumstances in
Northern Ireland.
3.
Legislation as defined in point (2) of Article 5 of Regulation (EU) No 952/2013 shall apply to and in the United
Kingdom in respect of Northern Ireland (not including the territorial waters of the United Kingdom). However, the Joint
Committee shall establish the conditions, including in quantitative terms, under which certain fishery and aquaculture
products, as set out in Annex I to Regulation (EU) No 1379/2013 of the European Parliament and of the Council (2),
brought into the customs territory of the Union defined in Article 4 of Regulation (EU) No 952/2013 by vessels flying the
flag of the United Kingdom and having their port of registration in Northern Ireland are exempted from duties.
4.
The provisions of Union law listed in Annex 2 to this Protocol shall also apply, under the conditions set out in that
Annex, to and in the United Kingdom in respect of Northern Ireland.
5.
Articles 30 and 110 TFEU shall apply to and in the United Kingdom in respect of Northern Ireland. Quantitative
restrictions on exports and imports shall be prohibited between the Union and Northern Ireland.
6.
Customs duties levied by the United Kingdom in accordance with paragraph 3 are not remitted to the Union.
Subject to Article 10, the United Kingdom may in particular:
(a) reimburse duties levied pursuant to the provisions of Union law made applicable by paragraph 3 in respect of goods
brought into Northern Ireland;
(1) Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (OJ L
324, 10.12.2009, p. 23).
(2) Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of
the markets in fishery and aquaculture products amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and
repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
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(b) provide for circumstances in which a customs debt which has arisen is to be waived in respect of goods brought into
Northern Ireland;
(c) provide for circumstances in which customs duties are to be reimbursed in respect of goods that can be shown not to
have entered the Union; and
(d) compensate undertakings to offset the impact of the application of paragraph 3.
In taking decisions under Article 10, the European Commission shall take the circumstances in Northern Ireland into
account as appropriate.
7.
No duties shall be payable on consignments of negligible value, on consignments sent by one individual to another or
on goods contained in travellers' personal baggage, under the conditions set out in the legislation referred to in paragraph 3.
Article 6
Protection of the UK internal market
1.
Nothing in this Protocol shall prevent the United Kingdom from ensuring unfettered market access for goods moving
from Northern Ireland to other parts of the United Kingdom's internal market. Provisions of Union law made applicable by
this Protocol which prohibit or restrict the exportation of goods shall only be applied to trade between Northern Ireland
and other parts of the United Kingdom to the extent strictly required by any international obligations of the Union. The
United Kingdom shall ensure full protection under international requirements and commitments that are relevant to the
prohibitions and restrictions on the exportation of goods from the Union to third countries as set out in Union law.
2.
Having regard to Northern Ireland's integral place in the United Kingdom's internal market, the Union and the United
Kingdom shall use their best endeavours to facilitate the trade between Northern Ireland and other parts of the United
Kingdom, in accordance with applicable legislation and taking into account their respective regulatory regimes as well as
the implementation thereof. The Joint Committee shall keep the application of this paragraph under constant review and
shall adopt appropriate recommendations with a view to avoiding controls at the ports and airports of Northern Ireland to
the extent possible.
3.
Nothing in this Protocol shall prevent a product originating from Northern Ireland from being presented as
originating from the United Kingdom when placed on the market in Great Britain.
4.
Nothing in this Protocol shall affect the law of the United Kingdom regulating the placing on the market in other
parts of the United Kingdom of goods from Northern Ireland that comply with or benefit from technical regulations,
assessments, registrations, certificates, approvals or authorisations governed by provisions of Union law referred to in
Annex 2 to this Protocol.
Article 7
Technical regulations, assessments, registrations, certificates, approvals and authorisations
1.
Without prejudice to the provisions of Union law referred to in Annex 2 to this Protocol, the lawfulness of placing
goods on the market in Northern Ireland shall be governed by the law of the United Kingdom as well as, as regards goods
imported from the Union, by Articles 34 and 36 TFEU.
2.
Where provisions of Union law made applicable by this Protocol provide for the indication of a Member State,
including in abbreviated form, in markings, labelling, tags, or by any other means, the United Kingdom in respect of
Northern Ireland shall be indicated as "UK(NI)" or "United Kingdom (Northern Ireland)". Where provisions of Union law
made applicable by this Protocol provide for the indication in the form of a numeric code, the United Kingdom in respect
of Northern Ireland shall be indicated with a distinguishable numeric code.
3.
By way of derogation from Article 13(1) of this Protocol and from Article 7 of the Withdrawal Agreement, in respect
of the recognition in one Member State of technical regulations, assessments, registrations, certificates, approvals and
authorisations issued or carried out by the authorities of another Member State, or by a body established in another
Member State, references to Member States in provisions of Union law made applicable by this Protocol shall not be read
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as including the United Kingdom in respect of Northern Ireland as regards technical regulations, assessments, registrations,
certificates, approvals and authorisations issued or carried out by the authorities of the United Kingdom or by bodies
established in the United Kingdom.
The first subparagraph shall not apply to registrations, certifications, approvals and authorisations of sites, installations or
premises in Northern Ireland issued or carried out by competent authorities of the United Kingdom, where the
registration, certification, approval or authorisation may require an inspection of the sites, installations or premises.
The first subparagraph shall not apply to veterinary certificates or official labels for plant reproductive material that are
required by provisions of Union law made applicable by this Protocol.
The first subparagraph is without prejudice to the validity, in Northern Ireland, of assessments, registrations, certificates,
approvals and authorisations issued or carried out, on the basis of provisions of Union law made applicable by this
Protocol, by the competent authorities of the United Kingdom or by bodies established in the United Kingdom. Any
conformity marking, logo or similar required by the provisions of Union law made applicable by this Protocol which is
affixed by economic operators based on the assessment, registration, certificate, approval or authorisation issued by
competent authorities of the United Kingdom or by bodies established in the United Kingdom shall be accompanied by the
indication "UK(NI)".
The United Kingdom in respect of Northern Ireland may not initiate objection, safeguard or arbitration procedures provided
for in provisions of Union law made applicable by this Protocol to the extent that those procedures concern the technical
regulations, standards, assessments, registrations, certificates, approvals and authorisations issued or carried out by
competent authorities of the Member States or by bodies established in Member States.
The first subparagraph does not prevent the test and release by a qualified person in Northern Ireland of a batch of a
medicinal product imported into or manufactured in Northern Ireland.
Article 8
VAT and excise
The provisions of Union law listed in Annex 3 to this Protocol concerning goods shall apply to and in the United Kingdom
in respect of Northern Ireland.
In respect of Northern Ireland, the authorities of the United Kingdom shall be responsible for the application and the
implementation of the provisions listed in Annex 3 to this Protocol, including the collection of VAT and excise duties.
Under the conditions set out in those provisions, revenues resulting from transactions taxable in Northern Ireland shall
not be remitted to the Union.
By way of derogation from the first paragraph, the United Kingdom may apply to supplies of goods taxable in Northern
Ireland VAT exemptions and reduced rates that are applicable in Ireland in accordance with provisions listed in Annex 3 to
this Protocol.
The Joint Committee shall regularly discuss the implementation of this Article, including as concerns the reductions and
exemptions provided for in the provisions referred to in the first paragraph, and shall, where appropriate, adopt measures
for its proper application, as necessary.
The Joint Committee may review the application of this Article, taking into account Northern Ireland's integral place in the
United Kingdom's internal market, and may adopt appropriate measures as necessary.
Article 9
Single electricity market
The provisions of Union law governing wholesale electricity markets listed in Annex 4 to this Protocol shall apply, under
the conditions set out in that Annex, to and in the United Kingdom in respect of Northern Ireland.
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Article 10
State aid
1.
The provisions of Union law listed in Annex 5 to this Protocol shall apply to the United Kingdom, including with
regard to measures supporting the production of and trade in agricultural products in Northern Ireland, in respect of
measures which affect that trade between Northern Ireland and the Union which is subject to this Protocol.
2.
Notwithstanding paragraph 1, the provisions of Union law referred to in that paragraph shall not apply with respect
to measures taken by the United Kingdom authorities to support the production of and trade in agricultural products in
Northern Ireland up to a determined maximum overall annual level of support, and provided that a determined minimum
percentage of that exempted support complies with the provisions of Annex 2 to the WTO Agreement on Agriculture. The
determination of the maximum exempted overall annual level of support and the minimum percentage shall be governed
by the procedures set out in Annex 6.
3.
Where the European Commission examines information regarding a measure by the United Kingdom authorities that
may constitute unlawful aid that is subject to paragraph 1, it shall ensure that the United Kingdom is kept fully and regularly
informed of the progress and outcome of the examination of that measure.
Article 11
Other areas of North-South cooperation
1.
Consistent with the arrangements set out in Articles 5 to 10, and in full respect of Union law, this Protocol shall be
implemented and applied so as to maintain the necessary conditions for continued North-South cooperation, including in
the areas of environment, health, agriculture, transport, education and tourism, as well as in the areas of energy,
telecommunications, broadcasting, inland fisheries, justice and security, higher education and sport.
In full respect of Union law, the United Kingdom and Ireland may continue to make new arrangements that build on the
provisions of the 1998 Agreement in other areas of North‐South cooperation on the island of Ireland.
2.
The Joint Committee shall keep under constant review the extent to which the implementation and application of this
Protocol maintains the necessary conditions for North‐South cooperation. The Joint Committee may make appropriate
recommendations to the Union and the United Kingdom in this respect, including on a recommendation from the
Specialised Committee.
Article 12
Implementation, application, supervision and enforcement
1.
Without prejudice to paragraph 4, the authorities of the United Kingdom shall be responsible for implementing and
applying the provisions of Union law made applicable by this Protocol to and in the United Kingdom in respect of
Northern Ireland.
2.
Without prejudice to paragraph 4 of this Article, Union representatives shall have the right to be present during any
activities of the authorities of the United Kingdom related to the implementation and application of provisions of Union
law made applicable by this Protocol, as well as activities related to the implementation and application of Article 5, and
the United Kingdom shall provide, upon request, all relevant information relating to such activities. The United Kingdom
shall facilitate such presence of Union representatives and shall provide them with the information requested. Where the
Union representative requests the authorities of the United Kingdom to carry out control measures in individual cases for
duly stated reasons, the authorities of the United Kingdom shall carry out those control measures.
The Union and the United Kingdom shall exchange information on the application of Article 5 (1) and (2) on a monthly
basis.
3.
The practical working arrangements relating to the exercise of the rights of Union representatives referred to in
paragraph 2 shall be determined by the Joint Committee, upon proposal from the Specialised Committee.
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4.
As regards the second subparagraph of paragraph 2 of this Article, Article 5 and Articles 7 to 10, the institutions,
bodies, offices, and agencies of the Union shall in relation to the United Kingdom and natural and legal persons residing or
established in the territory of the United Kingdom have the powers conferred upon them by Union law. In particular, the
Court of Justice of the European Union shall have the jurisdiction provided for in the Treaties in this respect. The second
and third paragraphs of Article 267 TFEU shall apply to and in the United Kingdom in this respect.
5.
Acts of the institutions, bodies, offices, and agencies of the Union adopted in accordance with paragraph 4 shall
produce in respect of and in the United Kingdom the same legal effects as those which they produce within the Union and
its Member States.
6.
When representing or assisting a party in relation to administrative procedures arising from the exercise of the
powers of the institutions, bodies, offices, and agencies of the Union referred to in paragraph 4, lawyers authorised to
practise before the courts or tribunals of the United Kingdom shall in every respect be treated as lawyers authorised to
practise before courts or tribunals of Member States who represent or assist a party in relation to such administrative
procedures.
7.
In cases brought before the Court of Justice of the European Union pursuant to paragraph 4:
(a) the United Kingdom may participate in the proceedings before the Court of Justice of the European Union in the same
way as a Member State;
(b) lawyers authorised to practise before the courts or tribunals of the United Kingdom may represent or assist a party
before the Court of Justice of the European Union in such proceedings and shall in every respect be treated as lawyers
authorised to practise before courts or tribunals of Member States representing or assisting a party before the Court of
Justice of the European Union.
Article 13
Common provisions
1.
For the purposes of this Protocol, any reference to the United Kingdom in the applicable provisions of the
Withdrawal Agreement shall be read as referring to the United Kingdom or to the United Kingdom in respect of Northern
Ireland, as the case may be.
Notwithstanding any other provisions of this Protocol, any reference to the territory defined in Article 4 of Regulation (EU)
No 952/2013 in the applicable provisions of the Withdrawal Agreement and of this Protocol, as well as in the provisions of
Union law made applicable to and in the United Kingdom in respect of Northern Ireland by this Protocol, shall be read as
including the part of the territory of the United Kingdom to which Regulation (EU) No 952/2013 applies by virtue of
Article 5(3) of this Protocol.
Titles I and III of Part Three and Part Six of the Withdrawal Agreement shall apply without prejudice to the provisions of
this Protocol.
2.
Notwithstanding Article 4(4) and (5) of the Withdrawal Agreement, the provisions of this Protocol referring to Union
law or to concepts or provisions thereof shall in their implementation and application be interpreted in conformity with the
relevant case law of the Court of Justice of the European Union.
3.
Notwithstanding Article 6(1) of the Withdrawal Agreement, and unless otherwise provided, where this Protocol
makes reference to a Union act, that reference shall be read as referring to that Union act as amended or replaced.
4.
Where the Union adopts a new act that falls within the scope of this Protocol, but which neither amends nor replaces
a Union act listed in the Annexes to this Protocol, the Union shall inform the United Kingdom of the adoption of that act in
the Joint Committee. Upon the request of the Union or the United Kingdom, the Joint Committee shall hold an exchange of
views on the implications of the newly adopted act for the proper functioning of this Protocol, within 6 weeks after the
request.
As soon as reasonably practical after the Union has informed the United Kingdom in the Joint Committee, the Joint
Committee shall either:
(a) adopt a decision adding the newly adopted act to the relevant Annex to this Protocol; or
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(b) where an agreement on adding the newly adopted act to the relevant Annex to this Protocol cannot be reached,
examine all further possibilities to maintain the good functioning of this Protocol and take any decision necessary to
this effect.
If the Joint Committee has not taken a decision referred to in the second subparagraph within a reasonable time, the Union
shall be entitled, after giving notice to the United Kingdom, to take appropriate remedial measures. Such measures shall take
effect at the earliest 6 months after the Union informed the United Kingdom in accordance with the first subparagraph, but
in no event shall such measures take effect before the date on which the newly adopted act is implemented in the Union.
5.
By way of derogation from paragraph 1 of this Article and from Article 7 of the Withdrawal Agreement, unless the
Union considers that full or partial access by the United Kingdom or the United Kingdom in respect of Northern Ireland,
as the case may be, is strictly necessary to enable the United Kingdom to comply with its obligations under this Protocol,
including where such access is necessary because access to the relevant information cannot be facilitated by the working
group referred to in Article 15 of this Protocol or by any other practical means, in respect of access to any network,
information system or database established on the basis of Union law, references to Member States and competent
authorities of Member States in provisions of Union law made applicable by this Protocol shall not be read as including the
United Kingdom or the United Kingdom in respect of Northern Ireland, as the case may be.
6.
Authorities of the United Kingdom shall not act as leading authority for risk assessments, examinations, approvals
and authorisation procedures provided for in Union law made applicable by this Protocol.
7.
Articles 346 and 347 TFEU shall apply to this Protocol as regards measures taken by a Member State or by the United
Kingdom in respect of Northern Ireland.
8.
Any subsequent agreement between the Union and the United Kingdom shall indicate the parts of this Protocol which
it supersedes. Once a subsequent agreement between the Union and the United Kingdom becomes applicable after the entry
into force of the Withdrawal Agreement, this Protocol shall then, from the date of application of such subsequent
agreement and in accordance with the provisions of that agreement setting out the effect of that agreement on this
Protocol, not apply or shall cease to apply, as the case may be, in whole or in part.
Article 14
Specialised Committee
The Committee on issues related to the implementation of the Protocol on Ireland/Northern Ireland established by Article
165 of the Withdrawal Agreement ("Specialised Committee") shall:
(a) facilitate the implementation and application of this Protocol;
(b) examine proposals concerning the implementation and application of this Protocol from the North-South Ministerial
Council and North-South Implementation bodies set up under the 1998 Agreement;
(c) consider any matter of relevance to Article 2 of this Protocol brought to its attention by the Northern Ireland Human
Rights Commission, the Equality Commission for Northern Ireland, and the Joint Committee of representatives of the
Human Rights Commissions of Northern Ireland and Ireland;
(d) discuss any point raised by the Union or the United Kingdom that is of relevance to this Protocol and gives rise to a
difficulty; and
(e) make recommendations to the Joint Committee as regards the functioning of this Protocol.
Article 15
Joint consultative working group
1.
A joint consultative working group on the implementation of this Protocol ("working group") is hereby established. It
shall serve as a forum for the exchange of information and mutual consultation.
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2.
The working group shall be composed of representatives of the Union and the United Kingdom and shall carry out its
functions under the supervision of the Specialised Committee, to which it shall report. The working group shall have no
power to take binding decisions other than the power to adopt its own rules of procedure referred to in paragraph 6.
3.
Within the working group:
(a) the Union and the United Kingdom shall, in a timely manner, exchange information about planned, ongoing and final
relevant implementation measures in relation to the Union acts listed in the Annexes to this Protocol;
(b) the Union shall inform the United Kingdom about planned Union acts within the scope of this Protocol, including
Union acts that amend or replace the Union acts listed in the Annexes to this Protocol;
(c) the Union shall provide to the United Kingdom all information the Union considers relevant to allow the United
Kingdom to fully comply with its obligations under the Protocol; and
(d) the United Kingdom shall provide to the Union all information that Member States are required to provide to one
another or to the institutions, bodies, offices or agencies of the Union pursuant to the Union acts listed in the Annexes
to this Protocol.
4.
The working group shall be co-chaired by the Union and the United Kingdom.
5.
The working group shall meet at least once a month, unless otherwise decided by the Union and the United Kingdom
by mutual consent. Where necessary, the Union and the United Kingdom may exchange information referred to in
points (c) and (d) of paragraph 3 between meetings.
6.
The working group shall adopt its own rules of procedure by mutual consent.
7.
The Union shall ensure that all views expressed by the United Kingdom in the working group and all information
provided by the United Kingdom in the working group, including technical and scientific data, are communicated to the
relevant institutions, bodies, offices and agencies of the Union without undue delay.
Article 16
Safeguards
1.
If the application of this Protocol leads to serious economic, societal or environmental difficulties that are liable to
persist, or to diversion of trade, the Union or the United Kingdom may unilaterally take appropriate safeguard measures.
Such safeguard measures shall be restricted with regard to their scope and duration to what is strictly necessary in order to
remedy the situation. Priority shall be given to such measures as will least disturb the functioning of this Protocol.
2.
If a safeguard measure taken by the Union or the United Kingdom, as the case may be, in accordance with paragraph
1 creates an imbalance between the rights and obligations under this Protocol, the Union or the United Kingdom, as the
case may be, may take such proportionate rebalancing measures as are strictly necessary to remedy the imbalance. Priority
shall be given to such measures as will least disturb the functioning of this Protocol.
3.
Safeguard and rebalancing measures taken in accordance with paragraphs 1 and 2 shall be governed by the
procedures set out in Annex 7 to this Protocol.
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Article 17
Protection of financial interests
The Union and the United Kingdom shall counter fraud and any other illegal activities affecting the financial interests of the
Union or the financial interests of the United Kingdom.
Article 18
Democratic consent in Northern Ireland
1.
Within 2 months before the end of both the initial period and any subsequent period, the United Kingdom shall
provide the opportunity for democratic consent in Northern Ireland to the continued application of Articles 5 to 10.
2.
For the purposes of paragraph 1, the United Kingdom shall seek democratic consent in Northern Ireland in a manner
consistent with the 1998 Agreement. A decision expressing democratic consent shall be reached strictly in accordance with
the unilateral declaration concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the
Protocol on Ireland/Northern Ireland made by the United Kingdom on 17 October 2019, including with respect to the
roles of the Northern Ireland Executive and Assembly.
3.
The United Kingdom shall notify the Union before the end of the relevant period referred to in paragraph 5 of the
outcome of the process referred to in paragraph 1.
4.
Where the process referred to in paragraph 1 has been undertaken and a decision has been reached in accordance
with paragraph 2, and the United Kingdom notifies the Union that the outcome of the process referred to in paragraph 1
is not a decision that the Articles of this Protocol referred to in that paragraph should continue to apply in Northern
Ireland, then those Articles and other provisions of this Protocol, to the extent that those provisions depend on those
Articles for their application, shall cease to apply 2 years after the end of the relevant period referred to in paragraph 5. In
such a case the Joint Committee shall address recommendations to the Union and to the United Kingdom on the necessary
measures, taking into account the obligations of the parties to the 1998 Agreement. Before doing so, the Joint Committee
may seek an opinion from institutions created by the 1998 Agreement.
5.
For the purposes of this Article, the initial period is the period ending 4 years after the end of the transition period.
Where the decision reached in a given period was on the basis of a majority of Members of the Northern Ireland Assembly,
present and voting, the subsequent period is the 4 year period following that period, for as long as Articles 5 to 10 continue
to apply. Where the decision reached in a given period had cross-community support, the subsequent period is the 8-year
period following that period, for as long as Articles 5 to 10 continue to apply.
6.
For the purposes of paragraph 5, cross-community support means:
(a) a majority of those Members of the Legislative Assembly present and voting, including a majority of the unionist and
nationalist designations present and voting; or
(b) a weighted majority (60 %) of Members of the Legislative Assembly present and voting, including at least 40 % of each
of the nationalist and unionist designations present and voting.
Article 19
Annexes
Annexes 1 to 7 shall form an integral part of this Protocol.
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ANNEX 1
PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 2(1)
— Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men
and women in the access to and supply of goods and services (1)
— Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the
principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (2)
— Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons
irrespective of racial or ethnic origin (3)
— Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in
employment and occupation (4)
— Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle
of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council
Directive 86/613/EEC (5)
— Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal
treatment for men and women in matters of social security (6)
(1) OJ L 373, 21.12.2004, p. 37.
(2) OJ L 204, 26.7.2006, p. 23.
(3) OJ L 180, 19.7.2000, p. 22.
(4) OJ L 303, 2.12.2000, p. 16.
(5) OJ L 180, 15.7.2010, p. 1.
(6) OJ L 6, 10.1.1979, p. 24.
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PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 5(4)
1.
General customs aspects (1)
— Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the
Union Customs Code (2)
— Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative
authorities of the Member States and cooperation between the latter and the Commission to ensure the correct
application of the law on customs and agricultural matters (3)
— Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating
to taxes, duties and other measures (4)
2.
Protection of the Union's financial interests
For the purpose of the application of the acts listed in this section, the proper collection of customs duties by the
United Kingdom in respect of Northern Ireland shall be considered as part of the protection of the financial interests
of the Union.
— Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013
concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No
1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (5)
— Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European
Communities financial interests (6)
3.
Trade statistics
— Regulation (EC) No 638/2004 of the European Parliament and of the Council of 31 March 2004 on Community
statistics relating to the trading of goods between Member States and repealing Council Regulation (EEC) No
3330/91 (7)
— Regulation (EC) No 471/2009 of the European Parliament and of the Council of 6 May 2009 on Community
statistics relating to external trade with non-member countries and repealing Council Regulation (EC) No
1172/95 (8)
4.
General trade related aspects
— Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a
scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (9)
— Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for
exports (10)
— Regulation (EU) 2015/936 of the European Parliament and of the Council of 9 June 2015 on common rules for
imports of textile products from certain third countries not covered by bilateral agreements, protocols or other
arrangements, or by other specific Union import rules (11)
— Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply
chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating
from conflict-affected and high-risk areas (12)
(1) The headings and subheadings in this Annex are purely indicative.
(2) OJ L 269, 10.10.2013, p. 1.
(3) OJ L 82, 22.3.1997, p. 1.
(4) OJ L 84, 31.3.2010, p. 1.
(5) OJ L 248, 18.9.2013, p. 1.
(6) OJ L 312, 23.12.1995, p. 1.
(7) OJ L 102, 7.4.2004, p. 1.
(8) OJ L 152, 16.6.2009, p. 23.
(9) OJ L 303, 31.10.2012, p. 1.
(10) OJ L 83, 27.3.2015, p. 34.
(11) OJ L 160, 25.6.2015, p. 1.
(12) OJ L 130, 19.5.2017, p. 1.
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— Council Regulation (EC) No 1215/2009 of 30 November 2009 introducing exceptional trade measures for
countries and territories participating in or linked to the European Union's Stabilisation and Association process
(Western Balkans) (13)
— Regulation (EU) 2017/1566 of the European Parliament and of the Council of 13 September 2017 on the
introduction of temporary autonomous trade measures for Ukraine supplementing the trade concessions available
under the Association Agreement (14)
— Obligations stemming from the international agreements concluded by the Union, or by Member States acting on
its behalf, or by the Union and its Member States acting jointly, insofar as they relate to trade in goods between the
Union and third countries
5.
Trade defence instruments
— Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against
dumped imports from countries not members of the European Union (15)
— Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against
subsidised imports from countries not members of the European Union (16)
— Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for
imports (17)
— Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for
imports from certain third countries (18)
— Regulation (EU) 2015/476 of the European Parliament and of the Council of 11 March 2015 on the measures that
the Union may take following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping
and anti-subsidy matters (19)
— Regulation (EU) 2015/477 of the European Parliament and of the Council of 11 March 2015 on measures that the
Union may take in relation to the combined effect of anti‐dumping or anti-subsidy measures with safeguard
measures (20)
6.
Regulations on bilateral safeguards
— Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the
exercise of the Union's rights for the application and enforcement of international trade rules and amending
Council Regulation (EC) No 3286/94 laying down Community procedures in the field of the common
commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in
particular those established under the auspices of the World Trade Organization (21)
— Regulation (EU) 2015/1145 of the European Parliament and of the Council of 8 July 2015 on the safeguard
measures provided for in the Agreement between the European Economic Community and the Swiss
Confederation (22)
— Regulation (EU) 2015/475 of the European Parliament and of the Council of 11 March 2015 on the safeguard
measures provided for in the Agreement between the European Economic Community and the Republic of
Iceland (23)
— Regulation (EU) 2015/938 of the European Parliament and of the Council of 9 June 2015 on the safeguard
measures provided for in the Agreement between the European Economic Community and the Kingdom of
Norway (24)
(13) OJ L 328, 15.12.2009, p. 1.
(14) OJ L 254, 30.9.2017, p. 1.
(15) OJ L 176, 30.6.2016, p. 21.
(16) OJ L 176, 30.6.2016, p. 55.
(17) OJ L 83, 27.3.2015, p. 16.
(18) OJ L 123, 19.5.2015, p. 33.
(19) OJ L 83, 27.3.2015, p. 6.
(20) OJ L 83, 27.3.2015, p. 11.
(21) OJ L 189, 27.6.2014, p. 50.
(22) OJ L 191, 17.7.2015, p. 1.
(23) OJ L 83, 27.3.2015, p. 1.
(24) OJ L 160, 25.6.2015, p. 57.
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— Regulation (EU) No 332/2014 of the European Parliament and of the Council of 11 March 2014 on certain
procedures for applying the Stabilisation and Association Agreement between the European Communities and
their Member States, of the one part, and the Republic of Serbia, of the other part (25)
— Regulation (EU) 2015/752 of the European Parliament and of the Council of 29 April 2015 on certain procedures
for applying the Stabilisation and Association Agreement between the European Communities and their Member
States, of the one part, and the Republic of Montenegro, of the other part (26)
— Regulation (EU) No 19/2013 of the European Parliament and of the Council of 15 January 2013 implementing the
bilateral safeguard clause and the stabilisation mechanism for bananas of the Trade Agreement between the
European Union and its Member States, of the one part, and Colombia and Peru, of the other part (27)
— Regulation (EU) No 20/2013 of the European Parliament and of the Council of 15 January 2013 implementing the
bilateral safeguard clause and the stabilisation mechanism for bananas of the Agreement establishing an
Association between the European Union and its Member States, on the one hand, and Central America on the
other (28)
— Regulation (EU) 2016/400 of the European Parliament and of the Council of 9 March 2016 implementing the
safeguard clause and the anti-circumvention mechanism provided for in the Association Agreement between the
European Union and the European Atomic Energy Community and their Member States, of the one part, and the
Republic of Moldova, of the other part (29)
— Regulation (EU) 2016/401 of the European Parliament and of the Council of 9 March 2016 implementing the anti-
circumvention mechanism provided for in the Association Agreement between the European Union and the
European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (30)
— Regulation (EU) 2015/941 of the European Parliament and of the Council of 9 June 2015 on certain procedures
for applying the Stabilisation and Association Agreement between the European Communities and their Member
States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (31)
— Regulation (EU) 2015/940 of the European Parliament and of the Council of 9 June 2015 on certain procedures
for applying the Stabilisation and Association Agreement between the European Communities and their Member
States, of the one part, and Bosnia and Herzegovina, of the other part, and for applying the Interim Agreement on
trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of
the other part (32)
— Regulation (EU) 2015/939 of the European Parliament and of the Council of 9 June 2015 on certain procedures
for applying the Stabilisation and Association Agreement between the European Communities and their Member
States, of the one part, and the Republic of Albania, of the other part (33)
— Regulation (EU) No 511/2011 of the European Parliament and of the Council of 11 May 2011 implementing the
bilateral safeguard clause of the Free Trade Agreement between the European Union and its Member States and
the Republic of Korea (34)
— Regulation (EU) 2017/355 of the European Parliament and of the Council of 15 February 2017 on certain
procedures for applying the Stabilisation and Association Agreement between the European Union and the
European Atomic Energy Community, of the one part, and Kosovo (*) of the other part (35)
— Regulation (EU) 2016/1076 of the European Parliament and of the Council of 8 June 2016 applying the
arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP)
Group of States provided for in agreements establishing, or leading to the establishment of, economic partnership
agreements (36)
(25) OJ L 103, 5.4.2014, p. 10.
(26) OJ L 123, 19.5.2015, p. 16.
(27) OJ L 17, 19.1.2013, p. 1.
(28) OJ L 17, 19.1.2013, p. 13.
(29) OJ L 77, 23.3.2016, p. 53.
(30) OJ L 77, 23.3.2016, p. 62.
(31) OJ L 160, 25.6.2015, p. 76.
(32) OJ L 160, 25.6.2015, p. 69.
(33) OJ L 160, 25.6.2015, p. 62.
(34) OJ L 145, 31.5.2011, p. 19.
(*) This designation is without prejudice to positions on status, and is in line with UNSCR 1244(1999) and the ICJ Opinion on the Kosovo
declaration of independence.
(35) OJ L 57, 3.3.2017, p. 59.
(36) OJ L 185, 8.7.2016, p. 1.
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7.
Others
— Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory
licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public
health problems (37)
8.
Goods - general provisions
— Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a
procedure for the provision of information in the field of technical regulations and of rules on Information
Society services (38), with the exception of provisions relating to rules on information society services
— Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European
standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC,
95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European
Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the
European Parliament and of the Council (39)
— Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the
requirements for accreditation and market surveillance relating to the marketing of products and repealing
Regulation (EEC) No 339/93 (40)
— Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common
framework for the marketing of products, and repealing Council Decision 93/465/EEC (41)
— Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down
procedures relating to the application of certain national technical rules to products lawfully marketed in another
Member State and repealing Decision No 3052/95/EC (42)
— Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product
safety (43)
— Council Regulation (EC) No 2679/98 of 7 December 1998 on the functioning of the internal market in relation to
the free movement of goods among the Member States (44)
— Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative
provisions of the Member States concerning liability for defective products (45)
9.
Motor vehicles, including agricultural and forestry tractors
— Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating
to the permissible sound level and the exhaust system of motor vehicles (46)
— Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level
of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing
Directive 70/157/EEC (47)
— Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-approval of
motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive
70/156/EEC (48)
— Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from
air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (49)
(37) OJ L 157, 9.6.2006, p. 1.
(38) OJ L 241, 17.9.2015, p. 1.
(39) OJ L 316, 14.11.2012, p. 12.
(40) OJ L 218, 13.8.2008, p. 30.
(41) OJ L 218, 13.8.2008, p. 82.
(42) OJ L 218, 13.8.2008, p. 21.
(43) OJ L 11, 15.1.2002, p. 4.
(44) OJ L 337, 12.12.1998, p. 8.
(45) OJ L 210, 7.8.1985, p. 29.
(46) OJ L 42, 23.2.1970, p. 16.
(47) OJ L 158, 27.5.2014, p. 131.
(48) OJ L 310, 25.11.2005, p. 10.
(49) OJ L 161, 14.6.2006, p. 12.
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— Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of
motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on
access to vehicle repair and maintenance information (50)
— Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a
framework for the approval of motor vehicles and their trailers, and of systems, components and separate
technical units intended for such vehicles (Framework Directive) (51)
— Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and
market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units
intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing
Directive 2007/46/EC (52)
— Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-
approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users,
amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC (53)
— Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-
approval requirements for the general safety of motor vehicles, their trailers and systems, components and
separate technical units intended therefor (54)
— Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval
of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC (55)
— Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of
motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle
repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and
repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (56)
— Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval
and market surveillance of two- or three-wheel vehicles and quadricycles (57)
— Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-
approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending
Directive 2007/46/EC (58)
— Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emissions
performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2
emissions from light-duty vehicles (59)
— Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission
performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce
CO2 emissions from light-duty vehicles (60)
— Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval
and market surveillance of agricultural and forestry vehicles (61)
10.
Lifting and mechanical handling appliances
— Council Directive 73/361/EEC of 19 November 1973 on the approximation of the laws, regulations and
administrative provisions of the Member States relating to the certification and marking of wire-ropes, chains and
hooks (62)
— Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation
of the laws of the Member States relating to lifts and safety components for lifts (63)
(50) OJ L 171, 29.6.2007, p. 1.
(51) OJ L 263, 9.10.2007, p. 1.
(52) OJ L 151, 14.6.2018, p. 1.
(53) OJ L 35, 4.2.2009, p. 1.
(54) OJ L 200, 31.7.2009, p. 1.
(55) OJ L 35, 4.2.2009, p. 32.
(56) OJ L 188, 18.7.2009, p. 1.
(57) OJ L 60, 2.3.2013, p. 52.
(58) OJ L 123, 19.5.2015, p. 77.
(59) OJ L 140, 5.6.2009, p. 1.
(60) OJ L 145, 31.5.2011, p. 1.
(61) OJ L 60, 2.3.2013, p. 1.
(62) OJ L 335, 5.12.1973, p. 51.
(63) OJ L 96, 29.3.2014, p. 251.
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11.
Gas appliances
— Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot‐water boilers fired with
liquid or gaseous fuels (64)
— Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning
gaseous fuels and repealing Directive 2009/142/EC (65)
12.
Pressure vessels
— Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to
aerosol dispensers (66)
— Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure
equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/
EC (67)
— Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the
laws of the Member States relating to the making available on the market of pressure equipment (68)
— Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation
of the laws of the Member States relating to the making available on the market of simple pressure vessels (69)
13.
Measuring instruments
— Directive 2009/34/EC of the European Parliament and of the Council of 23 April 2009 relating to common
provisions for both measuring instruments and methods of metrological control (70)
— Council Directive 75/107/EEC of 19 December 1974 on the approximation of the laws of the Member States
relating to bottles used as measuring containers (71)
— Council Directive 76/211/EEC of 20 January 1976 on the approximation of the laws of the Member States relating
to the making-up by weight or by volume of certain prepackaged products (72)
— Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States
relating to units of measurement and on the repeal of Directive 71/354/EEC (73)
— Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on
nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and
amending Council Directive 76/211/EEC (74)
— Directive 2011/17/EU of the European Parliament and of the Council of 9 March 2011 repealing Council
Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC and
86/217/EEC regarding metrology (75)
— Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation
of the laws of the Member States relating to the making available on the market of non-automatic weighing
instruments (76)
— Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation
of the laws of the Member States relating to the making available on the market of measuring instruments (77)
14.
Construction products, machinery, cableways, personal protective equipment
— Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down
harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/
EEC (78)
— Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective
equipment and repealing Council Directive 89/686/EEC (79)
(64) OJ L 167, 22.6.1992, p. 17.
(65) OJ L 81, 31.3.2016, p. 99.
(66) OJ L 147, 9.6.1975, p. 40.
(67) OJ L 165, 30.6.2010, p. 1.
(68) OJ L 189, 27.6.2014, p. 164.
(69) OJ L 96, 29.3.2014, p. 45.
(70) OJ L 106, 28.4.2009, p. 7.
(71) OJ L 42, 15.2.1975, p. 14.
(72) OJ L 46, 21.2.1976, p. 1.
(73) OJ L 39, 15.2.1980, p. 40.
(74) OJ L 247, 21.9.2007, p. 17.
(75) OJ L 71, 18.3.2011, p. 1.
(76) OJ L 96, 29.3.2014, p. 107.
(77) OJ L 96, 29.3.2014, p. 149.
(78) OJ L 88, 4.4.2011, p. 5.
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— Regulation (EU) 2016/424 of the European Parliament and of the Council of 9 March 2016 on cableway
installations and repealing Directive 2000/9/EC (80)
— Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and
amending Directive 95/16/EC (81)
— Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on
requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal
combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU)
No 167/2013, and amending and repealing Directive 97/68/EC (82)
— Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the
laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (83)
15.
Electrical and radio equipment
— Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation
of the laws of the Member States relating to electromagnetic compatibility (84)
— Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation
of the laws of the Member States relating to equipment and protective systems intended for use in potentially
explosive atmospheres (85)
— Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation
of the laws of the Member States relating to the making available on the market of electrical equipment designed
for use within certain voltage limits (86)
— Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of
the laws of the Member States relating to the making available on the market of radio equipment and repealing
Directive 1999/5/EC (87)
16.
Textiles, footwear
— Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile
fibre names and related labelling and marking of the fibre composition of textile products and repealing Council
Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council (88)
— Directive 94/11/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the
laws, regulation and administrative provisions of the Member States relating to labelling of the materials used in
the main components of footwear for sale to the consumer (89)
17.
Cosmetics, toys
— Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic
products (90)
— Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (91)
18.
Recreational craft
— Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft
and personal watercraft and repealing Directive 94/25/EC (92)
(79) OJ L 81, 31.3.2016, p. 51.
(80) OJ L 81, 31.3.2016, p. 1.
(81) OJ L 157, 9.6.2006, p. 24.
(82) OJ L 252, 16.9.2016, p. 53.
(83) OJ L 162, 3.7.2000, p. 1.
(84) OJ L 96, 29.3.2014, p. 79.
(85) OJ L 96, 29.3.2014, p. 309.
(86) OJ L 96, 29.3.2014, p. 357.
(87) OJ L 153, 22.5.2014, p. 62.
(88) OJ L 272, 18.10.2011, p. 1.
(89) OJ L 100, 19.4.1994, p. 37.
(90) OJ L 342, 22.12.2009, p. 59.
(91) OJ L 170, 30.6.2009, p. 1.
(92) OJ L 354, 28.12.2013, p. 90.
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19.
Explosives and pyrotechnic articles
— Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation
of the laws of the Member States relating to the making available on the market and supervision of explosives for
civil uses (93)
— Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of
the laws of the Member States relating to the making available on the market of pyrotechnic articles (94)
— Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing
and use of explosives precursors (95)
20.
Medicinal products
— Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down
Community procedures for the authorisation and supervision of medicinal products for human and veterinary
use and establishing a European Medicines Agency (96)
The references to Community in the second subparagraph of Article 2 and in the second subparagraph of Article
48 of that Regulation shall not be read as including the United Kingdom in respect of Northern Ireland.
— Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community
code relating to medicinal products for human use (97)
The references to Community in Articles 8(2) and 16b(1) of that Directive as well as the reference to Union in the
second subparagraph of Article 104(3) of that Directive shall not be read as including the United Kingdom in
respect of Northern Ireland, with the exception of authorisations by the United Kingdom in respect of Northern
Ireland.
A medicinal product authorised in the United Kingdom in respect of Northern Ireland shall not be considered as a
reference medicinal product in the Union.
— Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal
products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive
2001/83/EC and Regulation (EC) No 726/2004 (98), with the exception of Article 36
— Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan
medicinal products (99)
— Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced
therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004 (100)
— Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community
code relating to veterinary medicinal products (101)
The references to Community in Article 12(2) and the second paragraph of Article 74 of that Directive shall not be
read as including the United Kingdom in respect of Northern Ireland, with the exception of authorisations by the
United Kingdom in respect of Northern Ireland.
A veterinary medicinal product authorised in the United Kingdom in respect of Northern Ireland shall not be
considered as a reference medicinal product in the Union.
— Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down
Community procedures for the establishment of residue limits of pharmacologically active substances in
foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC
of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and
of the Council (102)
(93) OJ L 96, 29.3.2014, p. 1.
(94) OJ L 178, 28.6.2013, p. 27.
(95) OJ L 39, 9.2.2013, p. 1.
(96) OJ L 136, 30.4.2004, p. 1.
(97) OJ L 311, 28.11.2001, p. 67.
(98) OJ L 378, 27.12.2006, p. 1.
(99) OJ L 18, 22.1.2000, p. 1.
(100) OJ L 324, 10.12.2007, p. 121.
(101) OJ L 311, 28.11.2001, p. 1.
(102) OJ L 152, 16.6.2009, p. 11.
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— Article 13 of Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the
approximation of the laws, regulations and administrative provisions of the Member States relating to the
implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use (103)
— Chapter IX of Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on
clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC (104)
— Directive 2009/35/EC of the European Parliament and of the Council of 23 April 2009 on the colouring matters
which may be added to medicinal products (105)
— Regulation (EU) 2016/793 of the European Parliament and of the Council of 11 May 2016 to avoid trade diversion
into the European Union of certain key medicines (106)
21.
Medical devices
— Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (107)
— Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic
medical devices (108)
— Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to
active implantable medical devices (109)
— Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices,
amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and
repealing Council Directives 90/385/EEC and 93/42/EEC (110)
— Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic
medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (111)
22.
Substances of human origin
— Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 setting standards of
quality and safety for the collection, testing, processing, storage and distribution of human blood and blood
components and amending Directive 2001/83/EC (112)
— Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of
quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of
human tissues and cells (113)
— Directive 2010/53/EU of the European Parliament and of the Council of 7 July 2010 on standards of quality and
safety of human organs intended for transplantation (114)
23.
Chemicals and related
— Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to
fertilisers (115)
— Directive 2004/10/EC of the European Parliament and of the Council of 11 February 2004 on the harmonisation
of laws, regulations and administrative provisions relating to the application of the principles of good laboratory
practice and the verification of their applications for tests on chemical substances (116)
— Directive 2004/9/EC of the European Parliament and of the Council of 11 February 2004 on the inspection and
verification of good laboratory practice (GLP) (117)
(103) OJ L 121, 1.5.2001, p. 34.
(104) OJ L 158, 27.5.2014, p. 1.
(105) OJ L 109, 30.4.2009, p. 10.
(106) OJ L 135, 24.5.2016, p. 39.
(107) OJ L 169, 12.7.1993, p. 1.
(108) OJ L 331, 7.12.1998, p. 1.
(109) OJ L 189, 20.7.1990, p. 17.
(110) OJ L 117, 5.5.2017, p. 1.
(111) OJ L 117, 5.5.2017, p. 176.
(112) OJ L 33, 8.2.2003, p. 30.
(113) OJ L 102, 7.4.2004, p. 48.
(114) OJ L 207, 6.8.2010, p. 14.
(115) OJ L 304, 21.11.2003, p. 1.
(116) OJ L 50, 20.2.2004, p. 44.
(117) OJ L 50, 20.2.2004, p. 28.
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— Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use
of certain hazardous substances in electrical and electronic equipment (118)
— Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents (119)
— Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent
organic pollutants and amending Directive 79/117/EEC (120)
— Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the
export and import of hazardous chemicals (121)
— Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and
repealing Regulation (EC) No 1102/2008) (122)
— Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and
accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (123)
— Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning
the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European
Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and
Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives
91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (124)
— Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on
classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC
and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (125)
— Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug
precursors (126)
24.
Pesticides, biocides
— Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the
placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/
EEC (127)
— Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum
residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive
91/414/EEC (128)
The reference to Member States in Article 43 of that Regulation shall not be read as including the United Kingdom
in respect of Northern Ireland.
— Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the
making available on the market and use of biocidal products (129)
The references to Member State in Articles 3(3), 15(1) and 28(4) and point (g) of Article 75(1) of that Regulation
shall not be read as including the United Kingdom in respect of Northern Ireland.
25.
Waste
— Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of
waste (130)
— Directive 94/62/EC of the European Parliament and of the Council 20 December 1994 on packaging and
packaging waste (131)
(118) OJ L 174, 1.7.2011, p. 88.
(119) OJ L 104, 8.4.2004, p. 1.
(120) OJ L 158, 30.4.2004, p. 7.
(121) OJ L 201, 27.7.2012, p. 60.
(122) OJ L 137, 24.5.2017, p. 1.
(123) OJ L 266, 26.9.2006, p. 1.
(124) OJ L 396, 30.12.2006, p. 1.
(125) OJ L 353, 31.12.2008, p. 1.
(126) OJ L 47, 18.2.2004, p. 1.
(127) OJ L 309, 24.11.2009, p. 1.
(128) OJ L 70, 16.3.2005, p. 1.
(129) OJ L 167, 27.6.2012, p. 1.
(130) OJ L 190, 12.7.2006, p. 1.
(131) OJ L 365, 31.12.1994, p. 10.
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— Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship
recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (132)
— Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of
radioactive waste and spent fuel (133)
26.
Environment, energy efficiency
— Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the
prevention and management of the introduction and spread of invasive alien species (134)
— Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in
aquaculture (135)
— Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU
Ecolabel (136)
— Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of
petrol and diesel fuels and amending Council Directive 93/12/EEC (137)
— Council Directive (EU) 2015/652 of 20 April 2015 laying down calculation methods and reporting requirements
pursuant to Directive 98/70/EC of the European Parliament and of the Council relating to the quality of petrol
and diesel fuels (138)
— Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of
emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and
vehicle refinishing products and amending Directive 1999/13/EC (139)
— Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the
obligations of operators who place timber and timber products on the market (140)
— Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme
for imports of timber into the European Community (141)
— Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated
greenhouse gases and repealing Regulation (EC) No 842/2006 (142)
— Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on
substances that deplete the ozone layer (143)
— Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and
repealing Regulation (EC) No 1102/2008 (144)
— Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by
regulating trade therein (145)
— Council Regulation (EEC) No 3254/91 of 4 November 1991 prohibiting the use of leghold traps in the
Community and the introduction into the Community of pelts and manufactured goods of certain wild animal
species originating in countries which catch them by means of leghold traps or trapping methods which do not
meet international humane trapping standards (146)
— Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in
seal products (147)
(132) OJ L 330, 10.12.2013, p. 1.
(133) OJ L 337, 5.12.2006, p. 21.
(134) OJ L 317, 4.11.2014, p. 35.
(135) OJ L 168, 28.6.2007, p. 1.
(136) OJ L 27, 30.1.2010, p. 1.
(137) OJ L 350, 28.12.1998, p. 58.
(138) OJ L 107, 25.4.2015, p. 26.
(139) OJ L 143, 30.4.2004, p. 87.
(140) OJ L 295, 12.11.2010, p. 23.
(141) OJ L 347, 30.12.2005, p. 1.
(142) OJ L 150, 20.5.2014, p. 195.
(143) OJ L 286, 31.10.2009, p. 1.
(144) OJ L 137, 24.5.2017, p. 1.
(145) OJ L 61, 3.3.1997, p. 1.
(146) OJ L 308, 9.11.1991, p. 1.
(147) OJ L 286, 31.10.2009, p. 36.
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— Regulation (EC) No 1523/2007 of the European Parliament and of the Council of 11 December 2007 banning the
placing on the market and the import to, or export from, the Community of cat and dog fur, and products
containing such fur (148)
— Council Directive 83/129/EEC of 28 March 1983 concerning the importation into Member States of skins of
certain seal pups and products derived therefrom (149)
— Regulation (EC) No 106/2008 of the European Parliament and of the Council of 15 January 2008 on a
Community energy-efficiency labelling programme for office equipment (150)
— Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the
labelling of tyres with respect to fuel efficiency and other essential parameters (151)
— Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a
framework for the setting of ecodesign requirements for energy‐related products (152)
— Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for
energy labelling and repealing Directive 2010/30/EU (153)
27.
Marine equipment
— Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and
repealing Council Directive 96/98/EC (154)
28.
Rail transport
— Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of
the rail system within the European Union (155), insofar as conditions and technical specifications for the placing on
the market, putting into service and free movement of railway products are concerned
29.
Food – general
— Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the
general principles and requirements of food law, establishing the European Food Safety Authority and laying down
procedures in matters of food safety (156)
The reference to Member State in the second subparagraph of Article 29(1) of that Regulation shall not be read as
including the United Kingdom in respect of Northern Ireland.
— Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the
provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006
of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council
Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and
of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No
608/2004 (157)
— Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition
and health claims made on foods (158)
30.
Food – hygiene
— Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down
specific hygiene rules for food of animal origin (159)
— Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of
foodstuffs (160)
(148) OJ L 343, 27.12.2007, p. 1.
(149) OJ L 91, 9.4.1983, p. 30.
(150) OJ L 39, 13.2.2008, p. 1.
(151) OJ L 342, 22.12.2009, p. 46.
(152) OJ L 285, 31.10.2009, p. 10.
(153) OJ L 198, 28.7.2017, p. 1.
(154) OJ L 257, 28.8.2014, p. 146.
(155) OJ L 138, 26.5.2016, p. 44.
(156) OJ L 31, 1.2.2002, p. 1.
(157) OJ L 304, 22.11.2011, p. 18.
(158) OJ L 404, 30.12.2006, p. 9.
(159) OJ L 139, 30.4.2004, p. 55.
(160) OJ L 139, 30.4.2004, p. 1.
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— Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States
relating to quick-frozen foodstuffs for human consumption (161)
31.
Food – ingredients, traces, residues, marketing standards
— Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing
a common authorisation procedure for food additives, food enzymes and food flavourings (162)
The reference to Member State in Article 3(1) of that Regulation shall not be read as including the United Kingdom
in respect of Northern Ireland.
— Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food
enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive
2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 (163)
— Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food
additives (164)
— Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on
flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council
Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/
EC (165)
— Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of
the laws of the Member States relating to food supplements (166)
— Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the
addition of vitamins and minerals and of certain other substances to foods (167)
— Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke
flavourings used or intended for use in or on foods (168)
The reference to Member State in Article 7(2) of that Regulation shall not be read as including the United Kingdom
in respect of Northern Ireland.
— Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in
food (169)
— Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods,
amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation
(EC) No 258/97 of the European Parliament and of the Council and Commission Regulation
(EC) No 1852/2001 (170)
— Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended
for infants and young children, food for special medical purposes, and total diet replacement for weight control
and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and
2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations
(EC) No 41/2009 and (EC) No 953/2009 (171)
— Directive 1999/4/EC of the European Parliament and of the Council of 22 February 1999 relating to coffee extracts
and chicory extracts (172)
— Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and
chocolate products intended for human consumption (173)
— Council Directive 2001/110/EC of 20 December 2001 relating to honey (174)
(161) OJ L 40, 11.2.1989, p. 34.
(162) OJ L 354, 31.12.2008, p. 1.
(163) OJ L 354, 31.12.2008, p. 7.
(164) OJ L 354, 31.12.2008, p. 16.
(165) OJ L 354, 31.12.2008, p. 34.
(166) OJ L 183, 12.7.2002, p. 51.
(167) OJ L 404, 30.12.2006, p. 26.
(168) OJ L 309, 26.11.2003, p. 1.
(169) OJ L 37, 13.2.1993, p. 1.
(170) OJ L 327, 11.12.2015, p. 1.
(171) OJ L 181, 29.6.2013, p. 35.
(172) OJ L 66, 13.3.1999, p. 26.
(173) OJ L 197, 3.8.2000, p. 19.
(174) OJ L 10, 12.1.2002, p. 47.
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— Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for human
consumption (175)
— Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the
application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit
and vegetables sectors (176)
— Commission Regulation (EC) No 1295/2008 of 18 December 2008 on the importation of hops from third
countries (177)
— Commission Regulation (EC) No 1375/2007 of 23 November 2007 on imports of residues from the manufacture
of starch from maize from the United States of America (178)
— Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended
for human consumption (179)
— Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened
chestnut purée intended for human consumption (180)
— Council Directive 2001/114/EC of 20 December 2001 relating to certain partly or wholly dehydrated preserved
milk for human consumption (181)
— Directive (EU) 2015/2203 of the European Parliament and of the Council of 25 November 2015 on the
approximation of the laws of the Member States relating to caseins and caseinates intended for human
consumption and repealing Council Directive 83/417/EEC (182)
— Chapter IV of Title V of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17
December 2013 on the financing, management and monitoring of the common agricultural policy and repealing
Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No
1290/2005 and (EC) No 485/2008 (183)
— Section 1 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 of the European Parliament and of the
Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and
repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No
1234/2007 (184)
32.
Food contact material
— Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials
and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (185)
The reference to Member State in Article 9(1) of that Regulation shall not be read as including the United Kingdom
in respect of Northern Ireland.
— Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States
relating to ceramic articles intended to come into contact with foodstuffs (186)
33.
Food – other
— Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of
the laws of the Member States concerning foods and food ingredients treated with ionising radiation (187)
(175) OJ L 10, 12.1.2002, p. 53.
(176) OJ L 157, 15.6.2011, p. 1.
(177) OJ L 340, 19.12.2008, p. 45.
(178) OJ L 307, 24.11.2007, p. 5.
(179) OJ L 10, 12.1.2002, p. 58.
(180) OJ L 10, 12.1.2002, p. 67.
(181) OJ L 15, 17.1.2002, p. 19.
(182) OJ L 314, 1.12.2015, p. 1.
(183) OJ L 347, 20.12.2013, p. 549.
(184) OJ L 347, 20.12.2013, p. 671.
(185) OJ L 338, 13.11.2004, p. 4.
(186) OJ L 277, 20.10.1984, p. 12.
(187) OJ L 66, 13.3.1999, p. 16.
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— Directive 1999/3/EC of the European Parliament and of the Council of 22 February 1999 on the establishment of a
Community list of foods and food ingredients treated with ionising radiation (188)
— Directive 2009/32/EC of the European Parliament and of the Council of 23 April 2009 on the approximation of
the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (189)
— Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and
marketing of natural mineral waters (190)
— Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products
and repealing Regulation (EEC) No 2092/91 (191)
— Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production
and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (192)
— Council Regulation (Euratom) 2016/52 of 15 January 2016 laying down maximum permitted levels of radioactive
contamination of food and feed following a nuclear accident or any other case of radiological emergency, and
repealing Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and (Euratom)
No 770/90 (193)
— Council Regulation (EC) No 733/2008 of 15 July 2008 on the conditions governing imports of agricultural
products originating in third countries following the accident at the Chernobyl nuclear power station (194)
34.
Feed – products and hygiene
— Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on
the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and
repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC,
83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (195)
— Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in
animal feed (196)
— Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives
for use in animal nutrition (197)
The references to national reference laboratories in point 6 of Annex II to that Regulation shall not be read as
applying to the United Kingdom in respect of Northern Ireland. This shall not prevent a national reference
laboratory located in a Member State from fulfilling the functions of a national reference laboratory in respect of
Northern Ireland. Information and material exchanged for that purpose between the competent authorities of
Northern Ireland and a national reference laboratory in a Member State shall not be subject to further disclosure
by the national reference laboratory without the prior consent of those competent authorities.
— Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing
on the market and use of medicated feedingstuffs in the Community (198)
— Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down
requirements for feed hygiene (199)
(188) OJ L 66, 13.3.1999, p. 24.
(189) OJ L 141, 6.6.2009, p. 3.
(190) OJ L 164, 26.6.2009, p. 45.
(191) OJ L 189, 20.7.2007, p. 1.
(192) OJ L 150, 14.6.2018, p. 1.
(193) OJ L 13, 20.1.2016, p. 2.
(194) OJ L 201, 30.7.2008, p. 1.
(195) OJ L 229, 1.9.2009, p. 1.
(196) OJ L 140, 30.5.2002, p. 10.
(197) OJ L 268, 18.10.2003, p. 29.
(198) OJ L 92, 7.4.1990, p. 42.
(199) OJ L 35, 8.2.2005, p. 1.
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35.
GMOs
— Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on
genetically modified food and feed (200), with the exception of the second paragraph of Article 32
This shall not prevent a national reference laboratory located in a Member State from fulfilling the functions of a
national reference laboratory in respect of Northern Ireland. Information and material exchanged for that purpose
between the competent authorities of Northern Ireland and a national reference laboratory in a Member State shall
not be subject to further disclosure by the national reference laboratory without the prior consent of those
competent authorities.
The references to Member State in Articles 10(1) and 22(1) of that Regulation shall not be read as including the
United Kingdom in respect of Northern Ireland.
— Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning
the traceability and labelling of genetically modified organisms and the traceability of food and feed products
produced from genetically modified organisms and amending Directive 2001/18/EC (201)
— Regulation (EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003 on transboundary
movements of genetically modified organisms (202)
— Part C of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate
release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (203)
36.
Live animals, germinal products and products of animal origin
References to national reference laboratories in the acts listed in this section shall not be read as including the reference
laboratory in the United Kingdom. This shall not prevent a national reference laboratory located in a Member State
from fulfilling the functions of a national reference laboratory in respect of Northern Ireland. Information and
material exchanged for that purpose between the competent authorities of Northern Ireland and a national reference
laboratory in a Member State shall not be subject to further disclosure by the national reference laboratory without
the prior consent of those competent authorities.
— Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible
animal diseases and amending and repealing certain acts in the area of animal health ('Animal Health Law') (204)
— Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in
bovine animals and swine (205)
— Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade
in ovine and caprine animals (206)
— Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and
importation from third countries of equidae (207)
— Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community
trade in, and imports from third countries of, poultry and hatching eggs (208)
— Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and
imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid
down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (209)
— Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to intra-
Community trade in and imports of semen of domestic animals of the bovine species (210)
— Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-Community
trade in and importation from third countries of embryos of domestic animals of the bovine species (211)
(200) OJ L 268, 18.10.2003, p. 1.
(201) OJ L 268, 18.10.2003, p. 24.
(202) OJ L 287, 5.11.2003, p. 1.
(203) OJ L 106, 17.4.2001, p. 1.
(204) OJ L 84, 31.3.2016, p. 1.
(205) OJ 121, 29.7.1964, p. 1977.
(206) OJ L 46, 19.2.1991, p. 19.
(207) OJ L 192, 23.7.2010, p. 1.
(208) OJ L 343, 22.12.2009, p. 74.
(209) OJ L 268, 14.9.1992, p. 54.
(210) OJ L 194, 22.7.1988, p. 10.
(211) OJ L 302, 19.10.1989, p. 1.
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— Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-
Community trade in and imports of semen of domestic animals of the porcine species (212)
— Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements
governing trade in and imports into the Community of products not subject to the said requirements laid down in
specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to
Directive 90/425/EEC (213)
— Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and
products thereof, and on the prevention and control of certain diseases in aquatic animals (214)
— Council Directive 2004/68/EC of 26 April 2004 laying down animal health rules for the importation into and
transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC
and repealing Directive 72/462/EEC (215)
— Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the
production, processing, distribution and introduction of products of animal origin for human consumption (216)
— Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-
commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (217)
— Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down
health rules as regards animal by-products and derived products not intended for human consumption and
repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (218)
37.
Animal disease control, zoonosis control
References to national reference laboratories in the acts listed in this section shall not be read as including the reference
laboratory in the United Kingdom. This shall not prevent a national reference laboratory located in a Member State
from fulfilling the functions of a national reference laboratory in respect of Northern Ireland. Information and
material exchanged for that purpose between the competent authorities of Northern Ireland and a national reference
laboratory in a Member State shall not be subject to further disclosure by the national reference laboratory without
the prior consent of those competent authorities.
— Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules
for the prevention, control and eradication of certain transmissible spongiform encephalopathies (219)
— Council Directive 77/391/EEC of 17 May 1977 introducing Community measures for the eradication of
brucellosis, tuberculosis and leucosis in cattle (220)
— Council Directive 78/52/EEC of 13 December 1977 establishing the Community criteria for national plans for the
accelerated eradication of brucellosis, tuberculosis and enzootic leukosis in cattle (221)
— Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth
disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive
92/46/EEC (222)
— Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza
and repealing Directive 92/40/EEC (223)
— Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine
fever (224)
(212) OJ L 224, 18.8.1990, p. 62.
(213) OJ L 62, 15.3.1993, p. 49.
(214) OJ L 328, 24.11.2006, p. 14.
(215) OJ L 139, 30.4.2004, p. 321.
(216) OJ L 18, 23.1.2003, p. 11.
(217) OJ L 178, 28.6.2013, p. 1.
(218) OJ L 300, 14.11.2009, p. 1.
(219) OJ L 147, 31.5.2001, p. 1.
(220) OJ L 145, 13.6.1977, p. 44.
(221) OJ L 15, 19.1.1978, p. 34.
(222) OJ L 306, 22.11.2003, p. 1.
(223) OJ L 10, 14.1.2006, p. 16.
(224) OJ L 316, 1.12.2001, p. 5.
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— Council Directive 92/35/EEC of 29 April 1992 laying down control rules and measures to combat African horse
sickness (225)
— Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine
fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever (226)
— Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the
control of salmonella and other specified food-borne zoonotic agents (227)
— Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle
disease (228)
— Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of
certain animal diseases and specific measures relating to swine vesicular disease (229)
— Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of
zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/
EEC (230)
— Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and
eradication of bluetongue (231)
38.
Animal identification
— Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and
registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/
EEC and 64/432/EEC (232)
— Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a
system for the identification and registration of bovine animals and regarding the labelling of beef and beef
products and repealing Council Regulation (EC) No 820/97 (233)
— Council Directive 2008/71/EC of 15 July 2008 on the identification and registration of pigs (234)
39.
Animal breeding
— Article 37 and Article 64(3) of Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8
June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of
purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation
(EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of
animal breeding ('Animal Breeding Regulation') (235)
40.
Animal welfare
— Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and
related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (236)
— Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of
killing (237)
41.
Plant health
— Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the
Community of organisms harmful to plants or plant products and against their spread within the Community (238)
(225) OJ L 157, 10.6.1992, p. 19.
(226) OJ L 192, 20.7.2002, p. 27.
(227) OJ L 325, 12.12.2003, p. 1.
(228) OJ L 260, 5.9.1992, p. 1.
(229) OJ L 62, 15.3.1993, p. 69.
(230) OJ L 325, 12.12.2003, p. 31.
(231) OJ L 327, 22.12.2000, p. 74.
(232) OJ L 5, 9.1.2004, p. 8.
(233) OJ L 204, 11.8.2000, p. 1.
(234) OJ L 213, 8.8.2008, p. 31.
(235) OJ L 171, 29.6.2016, p. 66.
(236) OJ L 3, 5.1.2005, p. 1.
(237) OJ L 303, 18.11.2009, p. 1.
(238) OJ L 169, 10.7.2000, p. 1.
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— Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective
measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No
1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC,
74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (239)
42.
Plant reproductive material
— Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (240)
— Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the
vine (241)
— Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (242)
— Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant
species (243)
— Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (244)
— Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (245)
— Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (246)
— Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (247)
— Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and
fruit plants intended for fruit production (248)
43.
Official controls, veterinary checks
References to national reference laboratories in the acts listed in this section shall not be read as including the reference
laboratory in the United Kingdom. This shall not prevent a national reference laboratory located in a Member State
from fulfilling the functions of a national reference laboratory in respect of Northern Ireland. Information and
material exchanged for that purpose between the competent authorities of Northern Ireland and a national reference
laboratory in a Member State shall not be subject to further disclosure by the national reference laboratory without
the prior consent of those competent authorities.
— Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls
and other official activities performed to ensure the application of food and feed law, rules on animal health and
welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005,
(EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU)
2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No
1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and
repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council,
Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and
Council Decision 92/438/EEC (Official Controls Regulation) (249)
— Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls
performed to ensure the verification of compliance with feed and food law, animal health and animal welfare
rules (250)
(239) OJ L 317, 23.11.2016, p. 4.
(240) OJ 125, 11.7.1966, p. 2309.
(241) OJ L 93, 17.4.1968, p. 15.
(242) OJ L 11, 15.1.2000, p. 17.
(243) OJ L 193, 20.7.2002, p. 1.
(244) OJ L 193, 20.7.2002, p. 12.
(245) OJ L 193, 20.7.2002, p. 33.
(246) OJ L 193, 20.7.2002, p. 60.
(247) OJ L 193, 20.7.2002, p. 74.
(248) OJ L 267, 8.10.2008, p. 8.
(249) OJ L 95, 7.4.2017, p. 1.
(250) OJ L 165, 30.4.2004, p. 1.
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— Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down
specific rules for the organisation of official controls on products of animal origin intended for human
consumption (251)
— Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of
veterinary checks on animals entering the Community from third countries and amending Directives 89/662/
EEC, 90/425/EEC and 90/675/EEC (252)
— Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of
veterinary checks on products entering the Community from third countries (253)
— Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-
Community trade in certain live animals and products with a view to the completion of the internal market (254)
— Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with
a view to the completion of the internal market (255)
44.
Sanitary and phytosanitary - Other
— Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain
substances having a hormonal or thyrostatic action and of ß‐agonists, and repealing Directives 81/602/EEC,
88/146/EEC and 88/299/EEC (256)
— Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in
live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/
EEC and 91/664/EEC (257)
45.
Intellectual property
— Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the
definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and
repealing Council Regulation (EEC) No 1576/89 (258)
— Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality
schemes for agricultural products and foodstuffs (259)
— Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the
definition, description, presentation, labelling and the protection of geographical indications of aromatised wine
products and repealing Council Regulation (EEC) No 1601/91 (260)
— Sections 2 and 3 of Chapter I of Title II of Part II of Regulation (EU) No 1308/2013 of the European Parliament and
of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products
and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and
(EC) No 1234/2007 (261)
— Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning
customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (262)
46.
Fisheries and aquaculture
— Commission Regulation (EEC) No 3703/85 of 23 December 1985 laying down detailed rules for applying the
common marketing standards for certain fresh or chilled fish (263)
— Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved
sardines and trade descriptions for preserved sardines and sardine-type products (264)
(251) OJ L 139, 30.4.2004, p. 206.
(252) OJ L 268, 24.9.1991, p. 56.
(253) OJ L 24, 30.1.1998, p. 9.
(254) OJ L 224, 18.8.1990, p. 29.
(255) OJ L 395, 30.12.1989, p. 13.
(256) OJ L 125, 23.5.1996, p. 3.
(257) OJ L 125, 23.5.1996, p. 10.
(258) OJ L 39, 13.2.2008, p. 16.
(259) OJ L 343, 14.12.2012, p. 1.
(260) OJ L 84, 20.3.2014, p. 14.
(261) OJ L 347, 20.12.2013, p. 671.
(262) OJ L 181, 29.6.2013, p. 15.
(263) OJ L 351, 28.12.1985, p. 63.
(264) OJ L 212, 22.7.1989, p. 79.
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— Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved
tuna and bonito (265)
— Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain
fishery products (266)
— Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical
measures for the protection of juveniles of marine organisms (267), insofar as it concerns provisions relating to
minimum sizes of marine organisms
— Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for
ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC)
No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005,
(EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No
1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (268), insofar
as it concerns provisions relating to marketing standards
— Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the
common organisation of the markets in fishery and aquaculture products amending Council Regulations (EC) No
1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (269), insofar as it
concerns provisions relating to marketing standards and consumer information
— Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the
Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and
repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/
EC (270), insofar as it concerns provisions relating to marketing standards for fishery and aquaculture products
— Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter
and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC)
No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (271)
— Council Regulation (EC) No 1035/2001 of 22 May 2001 establishing a catch documentation scheme for
Dissostichus spp. (272)
— Regulation (EU) No 640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch
documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No
1984/2003 (273)
— Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock
of European eel (274)
47.
Other
— Part III of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013
establishing a common organisation of the markets in agricultural products and repealing Council Regulations
(EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (275), with the exception of
Chapter VI
— Council Regulation (EC) No 2964/95 of 20 December 1995 introducing registration for crude oil imports and
deliveries in the Community (276)
— Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro
coins (277)
(265) OJ L 163, 17.6.1992, p. 1.
(266) OJ L 334, 23.12.1996, p. 1.
(267) OJ L 125, 27.4.1998, p. 1.
(268) OJ L 343, 22.12.2009, p. 1.
(269) OJ L 354, 28.12.2013, p. 1.
(270) OJ L 354, 28.12.2013, p. 22.
(271) OJ L 286, 29.10.2008, p. 1.
(272) OJ L 145, 31.5.2001, p. 1.
(273) OJ L 194, 24.7.2010, p. 1.
(274) OJ L 248, 22.9.2007, p. 17.
(275) OJ L 347, 20.12.2013, p. 671.
(276) OJ L 310, 22.12.1995, p. 5.
(277) OJ L 373, 21.12.2004, p. 1.
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— Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of
cash entering or leaving the Community (278)
— Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the
laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation
and sale of tobacco and related products and repealing Directive 2001/37/EC (279)
— Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods (280)
— Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural
objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No
1024/2012 (281)
— Council Directive 69/493/EEC of 15 December 1969 on the approximation of the laws of the Member States
relating to crystal glass (282)
— Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports,
transfer, brokering and transit of dual-use items (283)
— Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (284)
— Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing
Article 10 of the United Nations' Protocol against the illicit manufacturing of and trafficking in firearms, their
parts and components and ammunition supplementing the United Nations Convention against Transnational
Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures
for firearms, their parts and components and ammunition (285)
— Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and
conditions of transfers of defence-related products within the Community (286)
— Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used
for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (287)
— Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification
scheme for the international trade in rough diamonds (288)
— Restrictive measures in force based on Article 215 TFEU, insofar as they relate to trade in goods between the Union
and third countries
(278) OJ L 309, 25.11.2005, p. 9.
(279) OJ L 127, 29.4.2014, p. 1.
(280) OJ L 39, 10.2.2009, p. 1.
(281) OJ L 159, 28.5.2014, p. 1.
(282) OJ L 326, 29.12.1969, p. 36.
(283) OJ L 134, 29.5.2009, p. 1.
(284) OJ L 256, 13.9.1991, p. 51.
(285) OJ L 94, 30.3.2012, p. 1.
(286) OJ L 146, 10.6.2009, p. 1.
(287) OJ L 200, 30.7.2005, p. 1.
(288) OJ L 358, 31.12.2002, p. 28.
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ANNEX 3
PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 8
1.
Value Added Tax (1)
— Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2)
— Council Directive 2008/9/EC of 12 February 2008 laying down detailed rules for the refund of value added tax,
provided for in Directive 2006/112/EC, to taxable persons not established in the Member State of refund but
established in another Member State (3)
— Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in
the field of value added tax (4)
— Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating
to taxes, duties and other measures (5)
— Thirteenth Council Directive 86/560/EEC of 17 November 1986 on the harmonization of the laws of the Member
States relating to turnover taxes - Arrangements for the refund of value added tax to taxable persons not established
in Community territory (6)
— Council Directive 2007/74/EC of 20 December 2007 on the exemption from value added tax and excise duty of
goods imported by persons travelling from third countries (7)
— Council Directive 2009/132/EC of 19 October 2009 determining the scope of Article 143(b) and (c) of Directive
2006/112/EC as regards exemption from value added tax on the final importation of certain goods (8)
— Council Directive 2006/79/EC of 5 October 2006 on the exemption from taxes of imports of small consignments of
goods of a non-commercial character from third countries (9)
— Obligations stemming from the Agreement between the European Union and the Kingdom of Norway on
administrative cooperation, combating fraud and recovery of claims in the field of value added tax (10)
— Obligations stemming from the Cooperation agreement between the European Community and its Member States,
of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the
detriment of their financial interests (11)
2.
Excise
— Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and
repealing Directive 92/12/EEC (12)
— Council Regulation (EU) No 389/2012 of 2 May 2012 on administrative cooperation in the field of excise duties and
repealing Regulation (EC) No 2073/2004 (13)
— Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating
to taxes, duties and other measures (14)
— Council Directive 92/83/EEC of 19 October 1992 on the harmonization of the structures of excise duties on alcohol
and alcoholic beverages (15)
— Council Directive 92/84/EEC of 19 October 1992 on the approximation of the rates of excise duty on alcohol and
alcoholic beverages (16)
(1) The headings and subheadings in this Annex are purely indicative.
(2) OJ L 347, 11.12.2006, p. 1.
(3) OJ L 44, 20.2.2008, p. 23.
(4) OJ L 268, 12.10.2010, p. 1.
(5) OJ L 84, 31.3.2010, p. 1.
(6) OJ L 326, 21.11.1986, p. 40.
(7) OJ L 346, 29.12.2007, p. 6.
(8) OJ L 292, 10.11.2009, p. 5.
(9) OJ L 286, 17.10.2006, p. 15.
(10) OJ L 195, 1.8.2018, p. 1.
(11) OJ L 46, 17.2.2009, p. 8.
(12) OJ L 9, 14.1.2009, p. 12.
(13) OJ L 121, 8.5.2012, p. 1.
(14) OJ L 84, 31.3.2010, p. 1.
(15) OJ L 316, 31.10.1992, p. 21.
(16) OJ L 316, 31.10.1992, p. 29.
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— Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured
tobacco (17)
— Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of
energy products and electricity (18)
— Council Directive 95/60/EC of 27 November 1995 on fiscal marking of gas oils and kerosene (19)
— Decision No 1152/2003/EC of the European Parliament and of the Council of 16 June 2003 on computerising the
movement and surveillance of excisable products (20)
— Council Directive 2007/74/EC of 20 December 2007 on the exemption from value added tax and excise duty of
goods imported by persons travelling from third countries (21)
— Council Directive 2006/79/EC of 5 October 2006 on the exemption from taxes of imports of small consignments of
goods of a non-commercial character from third countries (22)
(17) OJ L 176, 5.7.2011, p. 24.
(18) OJ L 283, 31.10.2003, p. 51.
(19) OJ L 291, 6.12.1995, p. 46.
(20) OJ L 162, 1.7.2003, p. 5.
(21) OJ L 346, 29.12.2007, p. 6.
(22) OJ L 286, 17.10.2006, p. 15.
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ANNEX 4
PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 9
The following acts shall apply to and in the United Kingdom in respect of Northern Ireland insofar as they apply to the
generation, transmission, distribution, and supply of electricity, trading in wholesale electricity or cross-border exchanges
in electricity.
Provisions relating to retail markets and consumer protection shall not apply. References to a provision of another Union
act in the acts listed in this Annex shall not render the provision referred to applicable where it does not otherwise apply
to and in the United Kingdom in respect of Northern Ireland, unless it is a provision governing wholesale electricity
markets which applies in Ireland and is necessary for the joint operation of the single wholesale electricity market in
Ireland and Northern Ireland.
— Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for
the internal market in electricity and repealing Directive 2003/54/EC (1)
— Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access
to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (2)
— Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency
for the Cooperation of Energy Regulators (3)
— Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to
safeguard security of electricity supply and infrastructure investment (4)
— Regulation (EU) No 1227/2011 of the European Parliament and of the Council of 25 October 2011 on wholesale
energy market integrity and transparency (5)
— Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions
(integrated pollution prevention and control) (6)
— Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for
greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (7)
(1) OJ L 211, 14.8.2009, p. 55.
(2) OJ L 211, 14.8.2009, p. 15.
(3) OJ L 211, 14.8.2009, p. 1.
(4) OJ L 33, 4.2.2006, p. 22.
(5) OJ L 326, 8.12.2011, p. 1.
(6) OJ L 334, 17.12.2010, p. 17.
(7) OJ L 275, 25.10.2003, p. 32.
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ANNEX 5
PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 10(1)
1.
State Aid rules in the TFEU (1)
— Articles 107, 108 and 109 TFEU
— Article 106 TFEU, insofar as it concerns State aid
— Article 93 TFEU
2.
Acts referring to the notion of aid
— Commission notice on the notion of State aid (2)
— Communication from the Commission on the application of the European Union State aid rules to
compensation granted for the provision of services of general economic interest (3)
— Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of
guarantees (4)
3.
Block exemption regulations
3.1
Enabling regulation
— Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 of the
Treaty on the Functioning of the European Union to certain categories of horizontal State aid (5)
3.2
General block exemption regulation
— Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid
compatible with the internal market in application of Articles 107 and 108 of the Treaty (6)
3.3
Sectorial block exemption regulations
— Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid in the
agricultural and forestry sectors and in rural areas compatible with the internal market in application
of Articles 107 and 108 of the Treaty on the Functioning of the European Union (7)
— Commission Regulation (EU) No 1388/2014 of 16 December 2014 declaring certain categories of aid
to undertakings active in the production, processing and marketing of fishery and aquaculture
products compatible with the internal market in application of Articles 107 and 108 of the Treaty on
the Functioning of the European Union (8)
— Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on
public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos
1191/69 and 1107/70 (9)
— Communication from the Commission on interpretative guidelines concerning Regulation (EC) No
1370/2007 on public passenger transport services by rail and by road (10)
(1) The headings and subheadings in this Annex are purely indicative.
(2) OJ C 262, 19.7.2016, p. 1.
(3) OJ C 8, 11.1.2012, p. 4.
(4) OJ C 155, 20.6.2008, p. 10.
(5) OJ L 248, 24.9.2015, p. 1.
(6) OJ L 187, 26.6.2014, p. 1.
(7) OJ L 193, 1.7.2014, p. 1.
(8) OJ L 369, 24.12.2014, p. 37.
(9) OJ L 315, 3.12.2007, p. 1.
(10) OJ C 92, 29.3.2014, p. 1.
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— Commission Decision of 20 December 2011 on the application of Article 106(2) of the Treaty on the
Functioning of the European Union to State aid in the form of public service compensation granted to
certain undertakings entrusted with the operation of services of general economic interest (11)
3.4
De minimis aid regulations
— Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107
and 108 of the Treaty on the Functioning of the European Union to de minimis aid (12)
— Commission Regulation (EU) No 360/2012 of 25 April 2012 on the application of Articles 107 and
108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings
providing services of general economic interest (13)
— Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107
and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture
sector (14)
— Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and
108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and
aquaculture sector (15)
4.
Procedural rules
— Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article
108 of the Treaty on the Functioning of the European Union (16)
— Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No
659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (17)
— Notice from the Commission — Towards an effective implementation of Commission decisions ordering
Member States to recover unlawful and incompatible State aid (18)
— Commission notice on the determination of the applicable rules for the assessment of unlawful State aid (19)
— Commission notice on the enforcement of State aid law by national courts (20)
— Communication from the Commission on the revision of the method for setting the reference and discount
rates (21)
— Communication from the Commission - Code of Best Practice for the conduct of State aid control
procedures (22)
— Commission communication C (2003) 4582 of 1 December 2003 on professional secrecy in State aid
decisions (23)
5.
Compatibility rules
5.1
Important Projects of Common European Interest
— Communication from the Commission — Criteria for the analysis of the compatibility with the
internal market of State aid to promote the execution of important projects of common European
interest (24)
(11) OJ L 7, 11.1.2012, p. 3.
(12) OJ L 352, 24.12.2013, p. 1.
(13) OJ L 114, 26.4.2012, p. 8.
(14) OJ L 352, 24.12.2013, p. 9.
(15) OJ L 190, 28.6.2014, p. 45.
(16) OJ L 248, 24.9.2015, p. 9.
(17) OJ L 140, 30.4.2004, p. 1.
(18) OJ C 272, 15.11.2007, p. 4.
(19) OJ C 119, 22.5.2002, p. 22.
(20) OJ C 85, 9.4.2009, p. 1.
(21) OJ C 14, 19.1.2008, p. 6.
(22) OJ C 253, 19.7.2018, p. 14.
(23) OJ C 297, 9.12.2003, p. 6.
(24) OJ C 188, 20.6.2014, p. 4.
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5.2
Agricultural aid
— European Union guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014
– 2020 (25)
5.3
Fisheries and aquaculture aid
— Communication from the Commission – Guidelines for the examination of State aid to the fishery and
aquaculture sector (26)
5.4
Regional aid
— Guidelines on regional State aid for 2014-2020 (27)
5.5
Research and development and innovation aid
— Communication from the Commission — Framework for State aid for research and development and
innovation (28)
5.6
Risk capital aid
— Communication from the Commission — Guidelines on State aid to promote risk finance
investments (29)
5.7
Rescue and restructuring aid
— Communication from the Commission – Guidelines on State aid for rescuing and restructuring non-
financial undertakings in difficulty (30)
5.8
Training aid
— Communication from the Commission – Criteria for the analysis of the compatibility of State aid for
training subject to individual notification (31)
5.9
Employment aid
— Communication from the Commission – Criteria for the analysis of the compatibility of State aid for
the employment of disadvantaged and disabled workers subject to individual notification (32)
5.10
Temporary rules in response to the economic and financial crisis
— Communication from the Commission on the application, from 1 August 2013, of State aid rules to
support measures in favour of banks in the context of the financial crisis (33)
— Communication from the Commission on the treatment of impaired assets in the Community banking
sector (34)
— Commission communication on the return to viability and the assessment of restructuring measures in
the financial sector in the current crisis under the State aid rules (35)
5.11
Export credit insurance
— Communication from the Commission to the Member States on the application of Articles 107 and
108 of the Treaty on the Functioning of the European Union to short-term export-credit insurance (36)
(25) OJ C 204, 1.7.2014, p. 1.
(26) OJ C 217, 2.7.2015, p. 1.
(27) OJ C 209, 23.7.2013, p. 1.
(28) OJ C 198, 27.6.2014, p. 1.
(29) OJ C 19, 22.1.2014, p. 4.
(30) OJ C 249, 31.7.2014, p. 1.
(31) OJ C 188, 11.8.2009, p. 1.
(32) OJ C 188, 11.8.2009, p. 6.
(33) OJ C 216, 30.7.2013, p. 1.
(34) OJ C 72, 26.3.2009, p. 1.
(35) OJ C 195, 19.8.2009, p. 9.
(36) OJ C 392, 19.12.2012, p. 1.
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5.12
Energy and environment
5.12.1 En v i r onm en t an d e n er gy
— Communication from the Commission — Guidelines on State aid for environmental
protection and energy 2014-2020 (37)
— Communication from the Commission — Guidelines on certain State aid measures in the
context of the greenhouse gas emission allowance trading scheme post-2012 (38)
5.12.2 Elec tr i ci ty ( s tr an d ed costs)
— Commission Communication relating to the methodology for analysis of State aid linked to
stranded costs (39)
5.12.3 C oa l
— Council Decision of 10 December 2010 on State aid to facilitate the closure of uncompetitive
coal mines (40)
5.13
Basic industries and manufacturing (steel)
— Communication from the Commission concerning certain aspects of the treatment of competition
cases resulting from the expiry of the ECSC Treaty (41)
5.14
Postal services
— Notice from the Commission on the application of the competition rules to the postal sector and on
the assessment of certain State measures relating to postal services (42)
5.15
Audiovisual, broadcasting and broadband
5.15.1 Au d iov is ual p r od u c t io n
— Communication from the Commission on State aid for films and other audiovisual works (43)
5.15.2 Broa d c a s ti ng
— Communication from the Commission on the application of State aid rules to public service
broadcasting (44)
5.15.3 B r oa d b an d n et w ork
— Communication from the Commission - Guidelines for the application of State aid rules in
relation to the rapid deployment of broadband networks (45)
5.16
Transport and infrastructure
— Communication from the Commission - Community guidelines on State aid for railway
undertakings (46)
— Community guidelines on State aid to maritime transport (47)
(37) OJ C 200, 28.6.2014, p. 1.
(38) OJ C 158, 5.6.2012, p. 4.
(39) http://ec.europa.eu/competition/state_aid/legislation/stranded_costs_en.pdf
(40) OJ L 336, 21.12.2010, p. 24.
(41) OJ C 152, 26.6.2002, p. 5.
(42) OJ C 39, 6.2.1998, p. 2.
(43) OJ C 332, 15.11.2013, p. 1.
(44) OJ C 257, 27.10.2009, p. 1.
(45) OJ C 25, 26.1.2013, p. 1.
(46) OJ C 184, 22.7.2008, p. 13.
(47) OJ C 13, 17.1.2004, p. 3.
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— Communication from the Commission providing guidance on State aid complementary to
Community funding for the launching of the motorways of the sea (48)
— Communication from the Commission providing guidance on State aid to ship‐management
companies (49)
— Communication from the Commission — Guidelines on State aid to airports and airlines (50)
5.17
Services of general economic interest (SGEI)
— Communication from the Commission — European Union framework for State aid in the form of
public service compensation (51)
6.
Transparency of financial relations between Member States and public undertakings
— Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between
Member States and public undertakings as well as onfinancial transparency within certain undertakings (52)
(48) OJ C 317, 12.12.2008, p. 10.
(49) OJ C 132, 11.6.2009, p. 6.
(50) OJ C 99, 4.4.2014, p. 3.
(51) OJ C 8, 11.1.2012, p. 15.
(52) OJ L 318, 17.11.2006, p. 17.
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ANNEX 6
PROCEDURES REFERRED TO IN ARTICLE 10(2)
The Joint Committee shall determine the initial maximum exempted overall annual level of support and the initial
minimum percentage referred to in Article 10(2), taking into account the most recent information available. The initial
maximum exempted overall annual level of support shall be informed by the design of the United Kingdom's future
agricultural support scheme as well as the annual average of the total amount of expenditure incurred in Northern Ireland
under the Common Agricultural Policy under the current MFF 2014-2020. The initial minimum percentage shall be
informed by the design of the United Kingdom's agricultural support scheme as well as by the percentage to which the
overall expenditure under the Common Agricultural Policy in the Union complied with the provisions of Annex 2 to the
WTO Agreement on Agriculture as notified for the period concerned.
The Joint Committee shall adjust the level of support and percentage referred to in the first paragraph informed by the
design of the United Kingdom's agricultural support scheme to any variation in the overall amount of support available
under the Common Agricultural Policy in the Union in each future Multiannual Financial Framework.
If the Joint Committee fails to determine the initial level of support and percentage in accordance with the first paragraph,
or fails to adjust the level of support and percentage in accordance with the second paragraph, by the end of the transition
period or within 1 year of the entry into force of a future Multiannual Financial Framework, as the case may be, application
of Article 10(2) shall be suspended until the Joint Committee has determined or adjusted the level of support and
percentage.
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ANNEX 7
PROCEDURES REFERRED TO IN ARTICLE 16(3)
1. Where the Union or the United Kingdom is considering taking safeguard measures under Article 16(1) of this Protocol,
it shall, without delay, notify the Union or the United Kingdom, as the case may be, through the Joint Committee and
shall provide all relevant information.
2. The Union and the United Kingdom shall immediately enter into consultations in the Joint Committee with a view to
finding a commonly acceptable solution.
3. The Union or the United Kingdom, as the case may be, may not take safeguard measures until 1 month has elapsed after
the date of notification under point 1, unless the consultation procedure under point 2 has been concluded before the
expiration of the state limit. When exceptional circumstances requiring immediate action exclude prior examination,
the Union or the United Kingdom, as the case may be, may apply forthwith the protective measures strictly necessary
to remedy the situation.
4. The Union or the United Kingdom, as the case may be, shall, without delay, notify the measures taken to the Joint
Committee and shall provide all relevant information.
5. The safeguard measures taken shall be the subject of consultations in the Joint Committee every 3 months from the date
of their adoption with a view to their abolition before the date of expiry envisaged, or to the limitation of their scope of
application. The Union or the United Kingdom, as the case may be, may at any time request the Joint Committee to
review such measures.
6. Points 1 to 5 shall apply, mutatis mutandis, to rebalancing measures referred to in Article 16(2) of this Protocol.
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PROTOCOL RELATING TO THE SOVEREIGN BASE AREAS OF THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND IN CYPRUS
The Union and the United Kingdom,
RECALLING that the Joint Declaration on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern
Ireland in Cyprus annexed to the Final Act of the Treaty concerning the Accession of the United Kingdom to the European
Communities provided that the arrangements applicable to relations between the European Economic Community and the
Sovereign Base Areas will be defined within the context of any agreement between the Community and the Republic of
Cyprus,
CONFIRMING that the arrangements applicable to relations between the Union and the Sovereign Base Areas after the
withdrawal of the United Kingdom from the Union should continue to be defined within the framework of the Republic of
Cyprus' membership of the Union,
TAKING ACCOUNT of the provisions concerning the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia ("the
Sovereign Base Areas") set out in the Treaty concerning the Establishment of the Republic of Cyprus and the associated
Exchanges of Notes dated 16 August 1960 ("the Treaty of Establishment"),
CONFIRMING that the withdrawal of the United Kingdom from the Union should not affect the rights and obligations of the
Republic of Cyprus under Union law or the rights and obligations of the parties to the Treaty of Establishment,
RECALLING that, from the date of accession of the Republic of Cyprus to the Union, Union law applies in the Sovereign Base
Areas only to the extent necessary to ensure the implementation of the arrangements set out in Protocol No 3 on the
Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus annexed to the Act
concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the
Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the
Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded
("Protocol No 3"),
NOTING the Exchange of Notes between the Government of the United Kingdom and the Government of the Republic of
Cyprus concerning the administration of the Sovereign Base Areas, dated 16 August 1960, and the attached Declaration
by the United Kingdom Government that one of the main objects to be achieved is the protection of the interests of those
resident or working in the Sovereign Base Areas, and considering in this context that those persons should have, to the
extent possible, the same treatment as those resident or working in the Republic of Cyprus,
NOTING the commitment of the United Kingdom to preserving the application of the arrangements made pursuant to the
Treaty of Establishment whereby the authorities of the Republic of Cyprus administer a wide range of public services in the
Sovereign Base Areas, including in the fields of agriculture, customs and taxation,
WHEREAS the Sovereign Base Areas should remain part of the customs territory of the Union after the withdrawal of the
United Kingdom from the Union,
NOTING the provisions of the Treaty of Establishment regarding customs arrangements between the Sovereign Base Areas
and the Republic of Cyprus and in particular those of Part I of Annex F to that Treaty,
NOTING the commitment of the United Kingdom not to create customs posts or other frontier barriers between the
Sovereign Base Areas and the Republic of Cyprus and not to establish commercial or civilian seaports or airports,
DESIRING to determine appropriate arrangements for achieving the objectives of the arrangements set out in Protocol No 3
after the withdrawal of the United Kingdom from the Union,
CONSIDERING that the arrangements set out in this Protocol should ensure the proper implementation and enforcement of
the relevant provisions of Union law in relation to the Sovereign Base Areas after the withdrawal of the United Kingdom
from the Union,
CONSIDERING that appropriate arrangements need to be laid down as regards the relief and exemptions from duties and
taxes that the armed forces of the United Kingdom and associated personnel can maintain after the withdrawal of the
United Kingdom from the Union,
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RECOGNISING that it is necessary to provide for specific arrangements for the checks on goods and persons crossing the
external borders of the Sovereign Base Areas, as well as to provide for the terms under which the relevant provisions of
Union law apply to the line between the areas in which the Government of the Republic of Cyprus does not exercise
effective control and the Sovereign Base Area of Dhekelia, as currently provided on the basis of the Protocol No 10 on
Cyprus annexed to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the
Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the
European Union is founded ("Protocol No 10"),
RECOGNISING that cooperation between the Republic of Cyprus and the United Kingdom is essential to ensure the effective
implementation of the arrangements laid down in this Protocol,
CONSIDERING that on the basis of the arrangements laid down in this Protocol, Union law will apply in relation to the
Sovereign Base Areas in certain policy areas of the Union following the withdrawal of the United Kingdom from the Union,
RECOGNISING the unique arrangements relating to persons living and working in the Sovereign Base Areas under the Treaty
of Establishment and the 1960 Declaration and the objective of the consistent application of relevant Union law in both the
Republic of Cyprus and the Sovereign Base Areas in order to support those arrangements,
NOTING in this regard that through this Protocol the United Kingdom entrusts the Republic of Cyprus, as a Member State of
the Union, with responsibility for implementing and enforcing provisions of Union law in the Sovereign Base Areas as
provided for in this Protocol,
RECALLING that the Republic of Cyprus is responsible for the implementation and enforcement of Union law in relation to
goods destined for or originating in the Sovereign Base Areas that are entering or leaving through a seaport or airport in the
Republic of Cyprus,
UNDERLINING that the arrangements set out in this Protocol are without prejudice to Articles 1 and 2 of the Treaty of
Establishment and to the positions of the Republic of Cyprus and the United Kingdom thereon,
CONSIDERING that the arrangements laid down in this Protocol should have the sole purpose of regulating the particular
situation of the Sovereign Base Areas and should not apply to any other territory or serve as a precedent,
HAVE AGREED UPON the following provisions, which shall be annexed 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
("Withdrawal Agreement"):
Article 1
General provisions
1.
For the purposes of this Protocol, any reference to the United Kingdom in the applicable provisions of the
Withdrawal Agreement shall be understood as referring to the United Kingdom in respect of the Sovereign Base Areas.
Titles I, II and III of Part Three and Part Six thereof shall apply without prejudice to the provisions of this Protocol.
2.
By way of derogation from Article 4(4) and (5) of the Withdrawal Agreement, the provisions of this Protocol referring
to Union law or concepts or provisions thereof shall in their implementation and application be interpreted in conformity
with the relevant case law of the Court of Justice of the European Union.
3.
Notwithstanding Article 71 of the Withdrawal Agreement, in addition to any provisions of Union law on the
protection of personal data applicable to and in the Sovereign Base Areas under this Protocol, Regulation (EU) 2016/679
and Directive (EU) 2016/680 shall apply in respect of personal data processed in the Sovereign Base Areas on the basis of
this Protocol.
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4.
By way of derogation from Article 6(1) of the Withdrawal Agreement, where this Protocol makes reference to a
Union act, the reference to that act shall be understood as referring to the act as amended or replaced. This paragraph shall
not apply in relation to Article 4(3) and (10) of the Council Regulation (EC) 866/2004 (1), to which Article 10(2) shall
apply.
5.
Where the Union considers, by way of derogation from Articles 7 and 8 of the Withdrawal Agreement, that full or
partial access by the United Kingdom, or by the United Kingdom in respect of the Sovereign Base Areas, as the case may
be, is strictly necessary to enable the United Kingdom to comply with its obligations under this Protocol, including where
such access is necessary because access to the relevant information cannot be facilitated by other practical means,
references to Member States and competent authorities of Member States in provisions of Union law made applicable by
this Protocol shall be understood as including the United Kingdom or the United Kingdom in respect of the Sovereign Base
Areas, as the case may be in relation to access to any network, information system or database established on the basis of
Union law.
Article 2
Customs territory of the Union
1.
The Sovereign Base Areas, taking into account the Treaty of Establishment, shall be part of the customs territory of
the Union. For this purpose, the provisions of Union law on customs and the common commercial policy, including
provisions of Union law providing for customs controls of specific goods or for specific purposes, shall apply to and in the
Sovereign Base Areas.
2.
Goods produced by producers in the Sovereign Base Areas and placed on the market in the customs territory of the
Union shall be considered to be goods in free circulation.
3.
All goods intended for use in the Sovereign Base Areas shall enter the island of Cyprus through the civilian airports
and seaports of the Republic of Cyprus, and all customs formalities, customs controls and collection of import duties
related to them shall be carried out by the authorities of the Republic of Cyprus.
4.
All goods intended for export shall exit the island of Cyprus through the civilian airports and seaports of the Republic
of Cyprus and all customs export formalities and customs controls related to them shall be carried out by the authorities of
the Republic of Cyprus.
5.
Customs controls on documents and equipment referred to in paragraph 3 of section 11 of Annex C to the Treaty of
Establishment shall be carried out in accordance with the provisions of that section.
6.
By way of derogation from paragraphs 3 and 4, and with the sole purpose of supporting the operation of the
Sovereign Base Areas as military bases, having regard to the Treaty of Establishment, the following provisions shall apply:
(a) the following goods may enter or leave the island of Cyprus through a seaport or airport in the Sovereign Base Areas,
subject to all customs formalities, customs controls and collection of duties related to those goods being carried out by
the authorities of the Sovereign Base Areas:
(i) goods imported or exported for official or military purposes;
(ii) goods imported or exported in personal baggage, exclusively for their personal use, by or on behalf of United
Kingdom personnel, as well as by other persons travelling on defence or official business;
(b) parcels which are sent or received by United Kingdom personnel or their dependants and transported by the British
Forces Post Office may enter or leave the island of Cyprus through a port or airport in the Sovereign Base Areas under
the following conditions:
(i) incoming parcels addressed to United Kingdom personnel or their dependants shall be transported in a sealed
container and conveyed following their arrival to a customs post in the Republic of Cyprus so that the completion
of customs formalities, controls and the collection of import duties related to those products can be carried out by
the authorities of the Republic of Cyprus;
(ii) outgoing parcels sent by United Kingdom personnel or their dependants shall be subject to customs control by the
authorities of the Sovereign Base Areas.
(1) Council Regulation (EC) No 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol No 10 of the Act of Accession (OJ L
161, 30.4.2004, p. 128).
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For the purposes of this paragraph, "United Kingdom personnel or their dependants" means the persons defined in
paragraph 1 of Part I of Annex B to the Treaty of Establishment.
The United Kingdom shall share relevant information with the Republic of Cyprus with a view to cooperating closely to
prevent the evasion of duties and taxes, including smuggling.
7.
Articles 34, 35 and 36 TFEU and other provisions of Union law on goods, in particular measures adopted pursuant to
Article 114 TFEU, shall apply to and in the Sovereign Base Areas.
8.
Goods arriving from the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does
not exercise effective control shall cross the line between those areas and the Eastern Sovereign Base Area in accordance
with Regulation (EC) No 866/2004.
Without prejudice to Article 6 of this Protocol, the United Kingdom shall be responsible for the implementation and
enforcement of Regulation (EC) No 866/2004 in relation to the Sovereign Base Areas in accordance with the provisions of
that Regulation. The United Kingdom shall invite the authorities of the Republic of Cyprus to conduct any necessary
veterinary, phytosanitary and food safety checks required under that Regulation.
9.
The United Kingdom shall be responsible for the implementation and enforcement of the provisions of Union law
referred to in paragraph 1 in relation to goods arriving in or leaving the Sovereign Base Areas under paragraph 6.
The United Kingdom shall also be responsible for issuing any licences, authorisations or certificates which may be required
in respect of goods covered by paragraph 1 of section 5 of Annex F to the Treaty of Establishment.
10.
The Republic of Cyprus shall be responsible for the implementation and enforcement in the Sovereign Base Areas of
the provisions of Union law referred to in paragraph 7.
Article 3
Taxation
1.
The provisions of Union law on turnover taxes, excise duties and other forms of indirect taxation adopted pursuant to
Article 113 TFEU shall apply to and in the Sovereign Base Areas.
2.
Transactions originating in or intended for the Sovereign Base Areas shall be treated as transactions originating in or
intended for the Republic of Cyprus for the purposes of value added tax (VAT), excise duties and other forms of indirect
taxation.
3.
The Republic of Cyprus shall be responsible for the implementation and the enforcement of the provisions of Union
law referred to in this Article in the Sovereign Base Areas, including for the collection of duties and taxes payable by civil
natural or legal persons residing or established in the Sovereign Base Areas.
Article 4
Duty relief
1.
Goods or services received, acquired or imported for use by the armed forces of the United Kingdom or the civilian
staff accompanying them, or for supplying their messes or canteens, shall be exempted from customs duties, VAT and
excise duties, provided that the persons concerned are eligible for such exemptions in accordance with the Treaty of
Establishment. For this purpose, the United Kingdom shall issue exemption certificates upon approval by the Republic of
Cyprus in relation to the goods covered by Article 2(3).
2.
Any duties that may be collected by the United Kingdom authorities in the Sovereign Base Areas as a result of sale of
the goods referred to in paragraph 1 shall be remitted to the authorities of the Republic of Cyprus.
Article 5
Social security
With a view to the continued protection of the rights of persons resident or employed in the territory of the Sovereign Base
Areas, the United Kingdom and the Republic of Cyprus shall make further arrangements, where necessary, to ensure the
proper implementation of Article 4 of Protocol No 3 after the end of the transition period.
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Article 6
Agriculture, fisheries and veterinary and phytosanitary rules
The provisions of Union law on agriculture and fisheries in Title III of Part Three TFEU and acts adopted pursuant to those
provisions, as well as the veterinary and phytosanitary rules adopted in particular pursuant to point (b) of Article 168(4)
TFEU, shall apply to and in the Sovereign Base Areas.
The Republic of Cyprus shall be responsible for the implementation and enforcement of the provisions of Union law
referred to in the first paragraph in the Sovereign Base Areas.
Article 7
Checks on persons crossing the external borders of the Sovereign Base Areas
1.
For the purposes of this Article, "external borders of the Sovereign Base Areas" means the sea boundaries and the
airports and seaports of the Sovereign Base Areas, but not their land and sea boundaries with the Republic of Cyprus.
Subject to paragraph 6, for the purposes of paragraphs 2 and 7, "crossing points" means any crossing point authorised by
the authorities of the United Kingdom for the crossing of the external borders of the Sovereign Base Areas.
2.
The United Kingdom shall carry out checks on persons crossing the external borders of the Sovereign Base Areas.
Those checks shall include the verification of travel documents. All persons shall undergo at least one such check in order
to establish their identity. The United Kingdom shall only allow the external borders of the Sovereign Base Areas to be
crossed at crossing points.
3.
Nationals of third countries and nationals of the United Kingdom shall only be permitted to cross the external
borders of the Sovereign Base Areas if they fulfil the following conditions:
(a) they possess a valid travel document;
(b) they are in possession of a valid visa for the Republic of Cyprus, if required;
(c) they are engaged in a defence-related activity or are family members of a person who is engaged in such activity; and
(d) they are not a threat to national security.
The condition specified in point (c) shall not apply to United Kingdom nationals crossing the boundary referred to in
paragraph 6.
The United Kingdom may only derogate from the conditions referred to in the first subparagraph on humanitarian grounds,
on grounds of national interest or in order to comply with its international obligations.
Members of a force, civilian component and dependants, as defined in Annex C to the Treaty of Establishment, shall be
treated as not requiring a visa for the Republic of Cyprus.
4.
Any applicant for asylum who first entered the island of Cyprus from outside the Union by one of the Sovereign Base
Areas shall be taken back or readmitted to the Sovereign Base Areas at the request of the Member State in whose territory
the applicant is present.
The Republic of Cyprus shall continue to cooperate with the United Kingdom with a view to devising practical ways and
means of respecting the rights and satisfying the needs of asylum seekers and illegal migrants in the Sovereign Base Areas,
bearing in mind humanitarian considerations and in compliance with the relevant Sovereign Base Area Administration
legislation.
5.
Without prejudice to paragraph 6, there shall be no checks on persons at the land and sea boundaries between the
Sovereign Base Areas and the Republic of Cyprus.
6.
The boundary between the Eastern Sovereign Base Area and those areas of the Republic of Cyprus in which the
Government of the Republic of Cyprus does not exercise effective control shall be treated as part of the external borders of
the Sovereign Base Areas for the purposes of this Article for the duration of the suspension of the application of the acquis
according to Article 1 of Protocol No 10. That boundary may only be crossed at the crossing points of Strovilia and
Pergamos. With the prior agreement of and in cooperation with the United Kingdom authorities, the Republic of Cyprus
may take further measures to combat illegal migration with respect to persons who have crossed that boundary.
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7.
The United Kingdom authorities shall use mobile units to carry out external border surveillance between border
crossing points and at crossing points outside of normal opening hours at the external borders of the Sovereign Base Areas
and at the boundary between the Sovereign Base Area of Dhekelia and those areas of the Republic of Cyprus in which the
Government of the Republic of Cyprus does not exercise effective control. That surveillance shall be carried out in such a
way as to discourage persons from circumventing the checks at crossing points. The United Kingdom authorities shall
deploy enough suitably qualified officers to carry out those checks and surveillance.
8.
The United Kingdom authorities shall maintain constant close cooperation with the authorities of the Republic of
Cyprus with a view to the effective implementation of the checks and surveillance referred to in paragraphs 6 and 7.
Article 8
Cooperation
The Republic of Cyprus and the United Kingdom shall cooperate to ensure the effective implementation of this Protocol, in
particular with a view to countering fraud and any other illegal activities that affect the financial interests of the Union or of
the United Kingdom. The Republic of Cyprus and the United Kingdom may make further arrangements concerning the
implementation of any of the provisions of this Protocol. The Republic of Cyprus shall inform the European Commission
of any such arrangements before their entry into force.
Article 9
Specialised Committee
1.
The Specialised Committee on issues related to the implementation of the Protocol related to the Sovereign Base
Areas in Cyprus established by Article 165 of the Withdrawal Agreement ("Specialised Committee") shall:
(a) facilitate the implementation and application of this Protocol;
(b) discuss any point of relevance to this Protocol giving rise to a difficulty and raised by the Union or the United Kingdom;
and
(c) make recommendations to the Joint Committee as regards the functioning of this Protocol, in particular proposals for
amendments of the references to Union law in this Protocol.
2.
The European Commission shall inform the Specialised Committee of any report submitted under Article 11 of
Regulation (EC) No 866/2004 and shall consult the United Kingdom in relation to any Commission proposal to adopt an
act amending or replacing that Regulation if the Sovereign Base Areas are affected.
Article 10
Joint Committee
1.
The Joint Committee shall amend any references to Union law in this Protocol on a recommendation from the
Specialised Committee.
2.
If it considers it is necessary in order to maintain the good functioning of this Protocol, the Joint Committee may, on
a recommendation from the Specialised Committee, take any decision necessary to replace in relation to this Protocol the
provisions referred to in Article 1(4).
3.
The Joint Committee may, on a recommendation from the Specialised Committee, amend Article 7(6) in relation to
the crossing points identified in that provision.
Article 11
Operation of Article 6 of Protocol No 3 during the transition period
Notwithstanding Article 127(1) of the Withdrawal Agreement, any measures adopted during the transition period under
Article 6 of Protocol No 3 shall not apply to or in the Sovereign Base Areas.
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Article 12
Supervision and enforcement
1.
In respect of the Sovereign Base Areas and in relation to natural and legal persons residing or established in the
territory of those Areas, the institutions, bodies, offices and agencies of the Union shall have the powers conferred upon
them by Union law in relation to this Protocol and provisions of Union law made applicable by it. In particular, the Court
of Justice of the European Union shall have jurisdiction as provided for in the Treaties in this respect.
2.
Acts of the institutions, bodies, offices and agencies adopted in accordance with paragraph 1 shall produce the same
legal effects with regard to and in the Sovereign Base Areas as those which they produce within the Union and its Member
States.
Article 13
Responsibility for implementation
1.
Unless otherwise provided in this Protocol, the United Kingdom shall be responsible for the implementation and
enforcement of this Protocol in the Sovereign Base Areas. Notwithstanding paragraph 3, the competent authorities of the
United Kingdom shall enact the domestic legislation necessary to give effect to this Protocol in the Sovereign Base Areas.
2.
The United Kingdom shall retain the exclusive right to implement and enforce this Protocol in respect of its own
authorities or on any immovable property owned or occupied by the Ministry of Defence of the United Kingdom, as well
as any coercive enforcement power requiring the power to enter a dwelling house or a power of arrest. The United
Kingdom shall retain other coercive enforcement powers unless otherwise provided in the legislation referred to in
paragraph 1.
3.
The Republic of Cyprus is entrusted with the responsibility for implementing and enforcing this Protocol in the
Sovereign Base Areas in accordance with Article 2(10) and Articles 3 and 6.
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PROTOCOL ON GIBRALTAR
The Union and the United Kingdom,
RECALLING that the United Kingdom is responsible for Gibraltar's external relations, and that Union law is applicable to Gibraltar to the
extent provided in the 1972 Act of Accession by virtue of Article 355(3) TFEU,
RECALLING that this Protocol is to be implemented in accordance with the respective constitutional orders of the Kingdom of Spain and
of the United Kingdom,
RECALLING that, pursuant to Article 50 TEU, in conjunction with Article 106a of the Euratom Treaty, and subject to the arrangements
laid down in 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 ("Withdrawal Agreement"), the law of the European Union and of Euratom in its entirety
ceases, to apply to the United Kingdom, and therefore to Gibraltar, from the date of entry into force of the Withdrawal Agreement,
CONSIDERING that it is necessary to ensure an orderly withdrawal from the Union in relation to Gibraltar,
STRESSING that the orderly withdrawal of the United Kingdom from the Union in relation to Gibraltar implies that any potential negative
effect on the close social and economic relations between Gibraltar and the surrounding area, in particular the territory of the
municipalities that make up the Mancomunidad de Municipios del Campo de Gibraltar in the Kingdom of Spain, is adequately addressed,
TAKING NOTE of the commitment of the United Kingdom in respect of Gibraltar to address the payment of benefits in a satisfactory
manner by 31 December 2020,
AIMING at continuing to promote balanced economic and social development in the area, in particular in terms of labour conditions, and
continuing to ensure the highest levels of environmental protection in accordance with Union law, as well as continuing to strengthen
security for the inhabitants of the area, in particular through cooperation in police and customs matters,
ACKNOWLEDGING the benefits for the economic development of the area arising from the free movement of persons under Union law,
which will continue to apply during the transition period,
REAFFIRMING in particular the ambition to protect public health, and highlighting the necessity to fight against the serious health, social,
and economic consequences of smoking,
EMPHASISING also the need to combat fraud and smuggling and to protect the financial interests of all the parties concerned,
UNDERLINING that this Protocol is without prejudice to the respective legal positions of the Kingdom of Spain and the United Kingdom
with regard to sovereignty and jurisdiction,
TAKING NOTE of the Memoranda of Understanding concluded between the Kingdom of Spain and the United Kingdom on 29 November
2018 in relation to citizens' rights, tobacco and other products, cooperation on environmental matters and cooperation in police and
customs matters, as well as the agreement reached on 29 November 2018 to conclude a treaty on taxation and the protection of financial
interests,
HAVE AGREED UPON the following provisions, which shall be annexed to the Withdrawal Agreement:
Article 1
Citizens' rights
1.
The Kingdom of Spain ("Spain") and the United Kingdom in respect of Gibraltar shall closely cooperate with a view to
preparing and underpinning the effective implementation of Part Two of the Withdrawal Agreement on citizens' rights,
which fully applies, inter alia, to frontier workers residing in Gibraltar or in Spain, in particular in the territory of the
municipalities that make up the Mancomunidad de Municipios del Campo de Gibraltar, and which, in Articles 24 and 25
provide for specific rights for frontier workers.
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2.
To that effect, the competent authorities shall exchange up-to-date information on a quarterly basis on persons
covered by Part Two of the Withdrawal Agreement who reside in Gibraltar or in the territory of the municipalities that
make up the Mancomunidad de Municipios del Campo de Gibraltar, including, in particular, frontier workers.
3.
Spain and the United Kingdom shall establish a coordinating committee as a forum for regular discussion between the
competent authorities to monitor matters relating to employment and labour conditions. That coordinating committee
shall report to the Committee on issues related to the implementation of the Protocol on Gibraltar established by Article
165 of the Withdrawal Agreement ("Specialised Committee") on a regular basis.
Article 2
Air transport law
Union law on air transport which did not apply to the Gibraltar airport before the date of entry into force of the
Withdrawal Agreement shall only become applicable to the Gibraltar airport from the date established by the Joint
Committee. The Joint Committee shall adopt the decision thereon upon notification by the United Kingdom and Spain
that they have reached a satisfactory agreement on the use of the Gibraltar airport.
Article 3
Fiscal matters and protection of financial interests
1.
Spain and the United Kingdom in respect of Gibraltar shall establish the forms of cooperation necessary to achieve
full transparency in tax matters and in respect of the protection of financial interests of all the parties concerned, in
particular by establishing an enhanced system of administrative cooperation to fight against fraud, smuggling and money
laundering, and to resolve tax residence conflicts.
2.
The international standards of the Group of Twenty (G20) and of the Organisation for Economic Co-operation and
Development (OECD) relating to good fiscal governance, transparency, exchanges of information and harmful tax
practices and in particular the economic substance criteria established by the OECD Forum on Harmful Tax Practices shall
be complied with in Gibraltar, with a view to Gibraltar's participation in the OECD Inclusive Framework on base erosion
and profit shifting (BEPS).
3.
The United Kingdom shall ensure that its ratification of the Framework Convention on Tobacco Control, adopted in
Geneva on 21 May 2003, and the Protocol to Eliminate Illicit Trade in Tobacco Products, adopted in Seoul on
12 November 2012, is extended to Gibraltar by 30 June 2020.
Without prejudice to the first subparagraph, the United Kingdom shall ensure that a system of traceability and security
measures relating to tobacco products that is equivalent to the requirements and standards of Union law is in force in
Gibraltar by 30 June 2020. That system shall ensure reciprocal access to the information on traceability of cigarettes in
Spain and Gibraltar.
4.
In order to prevent and deter the smuggling of products subject to excise duties or special taxes, the United Kingdom
shall ensure that, in respect of alcohol and petrol, a tax system which aims at preventing fraudulent activities involving
those products is in force in Gibraltar.
Article 4
Environment protection and fishing
Spain and the United Kingdom shall establish a coordinating committee as a forum for regular discussion between the
competent authorities of issues concerning in particular waste management, air quality, scientific research and fishing. The
Union shall be invited to participate in the meetings of that coordinating committee. That coordinating committee shall
report to the Specialised Committee on a regular basis.
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Article 5
Cooperation in police and customs matters
Spain and the United Kingdom shall establish a coordination committee as a forum for monitoring and for coordination
between the competent authorities of any questions related to cooperation in police and customs matters. The Union shall
be invited to participate in the meetings of that coordination committee. That coordinating committee shall report to the
Specialised Committee on a regular basis.
Article 6
Tasks of the Specialised Committee
The Specialised Committee shall:
(a) facilitate the implementation and application of this Protocol;
(b) discuss any point of relevance to this Protocol giving rise to a difficulty and raised by the Union or the United Kingdom;
(c) examine the reports from the coordination committees referred to in this Protocol; and
(d) make recommendations to the Joint Committee as regards the functioning of this Protocol.
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ANNEXES
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ANNEX I
SOCIAL SECURITY COORDINATION
PART I
DECISIONS AND RECOMMENDATIONS OF THE ADMINISTRATIVE COMMISSION
Applicable legislation (A series):
— Decision A1 of 12 June 2009 concerning the establishment of a dialogue and conciliation procedure concerning the
validity of documents, the determination of the applicable legislation and the provisions of benefits under Regulation
(EC) No 883/2004 of the European Parliament and of the Council; (1)
— Decision A2 of 12 June 2009 concerning the interpretation of Article 12 of Regulation (EC) No 883/2004 of the
European Parliament and of the Council on the legislation applicable to posted workers and self-employed workers
temporarily working outside the competent State; (2)
— Decision A3 of 17 December 2009 concerning the aggregation of uninterrupted posting periods completed under the
Council Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 of the European Parliament and of the
Council. (3)
Electronic Data Exchange (E series):
— Decision E2 of 3 March 2010 concerning the establishment of a change management procedure applying to details of
the bodies defined in Article 1 of Regulation (EC) No 883/2004 of the European Parliament and of the Council which
are listed in the electronic directory which is an inherent part of EESSI; (4)
— Decision E4 of 13 March 2014 concerning the transitional period as defined in Article 95 of Regulation (EC) No
987/2009 of the European Parliament and of the Council; (5)
— Decision E5 of 16 March 2017 concerning the practical arrangements for the transitional period for the data exchange
via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the
Council. (6)
Family benefits (F series):
— Decision F1 of 12 June 2009 concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 of the
European Parliament and of the Council relating to priority rules in the event of overlapping of family benefits; (7)
— Decision F2 of 23 June 2015 concerning the exchange of data between institutions for the purpose of granting family
benefits. (8)
Horizontal issues (H series):
— Decision H1 of 12 June 2009 concerning the framework for the transition from Council Regulations (EEC) No 1408/71
and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the
Council and the application of Decisions and Recommendations of the Administrative Commission for the
coordination of social security systems; (9)
— Decision 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; (10)
— Decision 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; (11)
— Decision H5 of 18 March 2010 concerning cooperation on combating fraud and error within the framework of
Council Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the
Council on the coordination of social security systems; (12)
(1) OJ C 106, 24.4.2010, p. 1.
(2) OJ C 106, 24.4.2010, p. 5.
(3) OJ C 149, 8.6.2010, p. 3.
(4) OJ C 187, 10.7.2010, p. 5.
(5) OJ C 152, 20.5.2014, p. 21.
(6) OJ C 233, 19.7.2017, p. 3.
(7) OJ C 106, 24.4.2010, p. 11.
(8) OJ C 52, 11.2.2016, p. 11.
(9) OJ C 106, 24.4.2010, p. 13.
(10) OJ C 106, 24.4.2010, p. 56.
(11) OJ C 107, 27.4.2010, p. 3.
(12) OJ C 149, 8.6.2010, p. 5.
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— Decision H6 of 16 December 2010 concerning the application of certain principles regarding the aggregation of
periods under Article 6 of Regulation (EC) No 883/2004 on the coordination of social security systems; (13)
— Decision H7 of 25 June 2015 on the revision of Decision 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 on the coordination of social security systems; (14)
— Decision H8 of 17 December 2015 (updated with minor technical clarifications on 9 March 2016) concerning the
methods of operation and the composition of the Technical Commission for data processing of the Administrative
Commission for the coordination of social security systems; (15)
— Recommendation H1 of 19 June 2013 concerning the Gottardo judgment, according to which the advantages enjoyed
by a State's own nationals under a bilateral convention on social security with a non-member country must also be
granted to workers who are nationals of other Member States. (16)
Pensions (P series):
— Decision P1 of 12 June 2009 on the interpretation of Articles 50(4), 58 and 87(5) of Regulation (EC) No 883/2004 of
the European Parliament and of the Council for the award of invalidity, old-age and survivors' benefits. (17)
Recovery (R series):
— Decision R1 of 20 June 2013 concerning the interpretation of Article 85 of Regulation (EC) No 987/2009. (18)
Sickness (S series):
— Decision S1 of 12 June 2009 concerning the European Health Insurance Card; (19)
— Decision S2 of 12 June 2009 concerning the technical specifications of the European Health Insurance Card; (20)
— Decision S3 of 12 June 2009 defining the benefits covered by Articles 19(1) and 27(1) of Regulation (EC) No 883/2004
of the European Parliament and of the Council and Article 25(A)(3) of Regulation (EC) No 987/2009 of the European
Parliament and of the Council; (21)
— Decision S5 of 2 October 2009 on interpretation of the concept of "benefits in kind" as defined in Article 1(va) of
Regulation (EC) No 883/2004 of the European Parliament and of the Council in the event of sickness or maternity
pursuant to Articles 17, 19, 20, 22, 24(1), 25, 26, 27(1, 3, 4 and 5), 28, 34 and 36(1 and 2) of Regulation (EC) No
883/2004 and on calculation of the amounts to be refunded under Articles 62, 63 and 64 of Regulation (EC)
No 987/2009 of the European Parliament and of the Council; (22)
— Decision S6 of 22 December 2009 concerning the registration in the Member State of residence under Article 24 of
Regulation (EC) No 987/2009 and the compilation of the inventories provided for in Article 64(4) of Regulation (EC)
No 987/2009; (23)
— Decision S8 of 15 June 2011 concerning the granting of prostheses, major appliances and other substantial benefits in
kind provided for in Article 33 of Regulation (EC) No 883/2004 on the coordination of social security systems; (24)
— Decision S9 of 20 June 2013 concerning refund procedures for the implementation of Articles 35 and 41 of Regulation
(EC) No 883/2004; (25)
— Decision S10 of 19 December 2013 concerning the transition from Regulations (EEC) Nos 1408/71 and 574/72 to
Regulations (EC) Nos 883/2004 and 987/2009 and the application of reimbursement procedures; (26)
(13) OJ C 45, 12.2.2011, p. 5.
(14) OJ C 52, 11.2.2016, p. 13.
(15) OJ C 263, 20.7.2016, p. 3.
(16) OJ C 279, 27.9.2013, p. 13.
(17) OJ C 106, 24.4.2010, p. 21.
(18) OJ C 279, 27.9.2013, p. 11.
(19) OJ C 106, 24.4.2010, p. 23.
(20) OJ C 106, 24.4.2010, p. 26.
(21) OJ C 106, 24.4.2010, p. 40.
(22) OJ C 106, 24.4.2010, p. 54.
(23) OJ C 107, 27.4.2010, p. 6.
(24) OJ C 262, 6.9.2011, p. 6.
(25) OJ C 279, 27.9.2013, p. 8.
(26) OJ C 152, 20.5.2014, p. 16.
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— Recommendation S1 of 15 March 2012 concerning financial aspects of cross-border living organ donations; (27)
— Recommendation S2 of 22 October 2013 concerning the entitlement to benefits in kind for insured persons and
members of their family during a stay in a third country under a bilateral convention between the competent Member
State and the third country. (28)
Unemployment (U series):
— Decision U1 of 12 June 2009 concerning Article 54(3) of Regulation (EC) No 987/2009 of the European Parliament
and of the Council relating to increases in unemployment benefit for dependent members of the family; (29)
— Decision U2 of 12 June 2009 concerning the scope of Article 65(2) of Regulation (EC) No 883/2004 of the European
Parliament and of the Council on the right to unemployment benefits of wholly unemployed persons other than
frontier workers who were resident in the territory of a Member State other than the competent Member State during
their last period of employment or self-employment; (30)
— Decision U3 of12 June 2009 concerning the scope of the concept of "partial unemployment" applicable to the
unemployed persons referred to in Article 65(1) of Regulation (EC) No 883/2004 of the European Parliament and of
the Council; (31)
— Decision U4 of 13 December 2011 concerning the reimbursement procedures under Article 65(6) and (7) of
Regulation (EC) No 883/2004 and Article 70 of Regulation (EC) No 987/2009; (32)
— Recommendation U1 of 12 June 2009 concerning the legislation applicable to unemployed persons engaging in part-
time professional or trade activity in a Member State other than the State of residence; (33)
— Recommendation U2 of 12 June 2009 concerning the application of Article 64(1)(a) of Regulation (EC) No 883/2004
of the European Parliament and of the Council to unemployed persons accompanying their spouses or partners
pursuing a professional or trade activity in a Member State other than the competent State. (34)
PART II
ACTS REFERRED TO
Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of
social security systems, (35) as amended by:
— Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009; (36)
— Commission Regulation (EU) No 1244/2010 of 9 December 2010; (37)
— Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012; (38)
— Commission Regulation (EU) No 1224/2012 of 18 December 2012; (39)
— Council Regulation (EU) No 517/2013 of 13 May 2013; (40)
— Commission Regulation (EU) No 1372/2013 of 19 December 2013, (41) as amended by Commission Regulation (EU)
No 1368/2014 of 17 December 2014; (42)
— Commission Regulation (EU) 2017/492 of 21 March 2017. (43)
Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the
procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (44), as amended
by:
— Commission Regulation (EU) No 1244/2010 of 9 December 2010; (45)
(27) OJ C 240, 10.8.2012, p. 3.
(28) OJ C 46, 18.2.2014, p. 8.
(29) OJ C 106, 24.4.2010, p. 42.
(30) OJ C 106, 24.4.2010, p. 43.
(31) OJ C 106, 24.4.2010, p. 45.
(32) OJ C 57, 25.2.2012, p. 4.
(33) OJ C 106, 24.4.2010, p. 49.
(34) OJ C 106, 24.4.2010, p. 51.
(35) OJ L 166, 30.4.2004, p. 1.
(36) OJ L 284, 30.10.2009, p. 43.
(37) OJ L 338, 22.12.2010, p. 35.
(38) OJ L 149, 8.6.2012, p. 4.
(39) OJ L 349, 19.12.2012, p. 45.
(40) OJ L 158, 10.6.2013, p. 1.
(41) OJ L 346, 20.12.2013, p. 27.
(42) OJ L 366, 20.12.2014, p. 15.
(43) OJ L 76, 22.3.2017, p. 13.
(44) OJ L 284, 30.10.2009, p. 1.
(45) OJ L 338, 22.12.2010, p. 35.
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— Regulation (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012; (46)
— Commission Regulation (EU) No 1224/2012 of 18 December 2012; (47)
— Commission Regulation (EU) No 1372/2013 of 19 December 2013; (48)
— Commission Regulation (EU) No 1368/2014 of 17 December 2014; (49)
— Commission Regulation (EU) 2017/492 of 21 March 2017. (50)
PART III
ADAPTATIONS TO REGULATION (EC) NO 883/2004 AND REGULATION (EC) NO 987/2009
The provisions of Regulation (EC) No 883/2004 shall, for the purposes of this Agreement, be adapted as follows:
(a) the following shall be added to Annex II:
"UNITED KINGDOM-GERMANY
(a) Article 7(5) and (6) of the Convention on social security of 20 April 1960 (legislation applicable to civilians serving
in the military forces);
(b) Article 5(5) and (6) of the Convention on unemployment insurance of 20 April 1960 (legislation applicable to
civilians serving in the military forces).
UNITED KINGDOM-IRELAND
Article 19(2) of the Agreement of 14 December, 2004 on social security (concerning the transfer and reckoning of
certain disability credits).";
(b) the following shall be added to Annex III:
"UNITED KINGDOM";
(c) the following shall be added to Annex VI:
"UNITED KINGDOM
Employment and Support Allowance (ESA)
(a) For awards granted before 1 April 2016 ESA is a cash sickness benefit for the initial 91 days (Assessment Phase).
From the 92nd day ESA (Main Phase) becomes an invalidity benefit.
(b) For awards granted on or after 1 April 2016 ESA is a cash sickness benefit for the initial 365 days (Assessment
Phase). From the 366th day ESA (Support Group) becomes an invalidity benefit.
Great Britain legislation: Part 1 of the Welfare Reform Act 2007.
Northern Ireland legislation: Part 1 of the Welfare Reform Act (Northern Ireland) 2007.";
(d) the following shall be added to Part 1 of Annex VIII:
"UNITED KINGDOM
All applications for retirement pension, state pension pursuant to Part 1 of the Pensions Act 2014, widows' and
bereavement benefits, with the exception of those for which during a tax year beginning on or after 6 April 1975:
(i) the party concerned had completed periods of insurance, employment or residence under the legislation of the
United Kingdom and another Member State; and one (or more) of the tax years was not considered a qualifying
year within the meaning of the legislation of the United Kingdom;
(ii) the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to
5 July 1948 would be taken into account for the purposes of Article 52(1)(b) of the Regulation by application of
the periods of insurance, employment or residence under the legislation of another Member State.
(46) OJ L 149, 8.6.2012, p. 4.
(47) OJ L 349, 19.12.2012, p. 45.
(48) OJ L 346, 20.12.2013, p. 27.
(49) OJ L 366, 20.12.2014, p. 15.
(50) OJ L 76, 22.3.2017, p. 13.
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All applications for additional pension pursuant to the Social Security Contributions and Benefits Act 1992, section 44,
and the Social Security Contributions and Benefits (Northern Ireland) Act 1992, section 44.";
(e) the following shall be added to Part 2 of Annex VIII:
"UNITED KINGDOM
Graduated retirement benefits paid pursuant to the National Insurance Act 1965, sections 36 and 37, and the National
Insurance Act (Northern Ireland) 1966, sections 35 and 36.";
(f) the following shall be added to Annex X:
"UNITED KINGDOM
(a) State Pension Credit (State Pension Credit Act 2002 and State Pension Credit Act (Northern Ireland) 2002);
(b) Income-based allowances for jobseekers (Jobseekers Act 1995 and Jobseekers (Northern Ireland) Order 1995);
(d) Disability Living Allowance mobility component (Social Security Contributions and Benefits Act 1992 and Social
Security Contributions and Benefits (Northern Ireland) Act 1992);
(e) Employment and Support Allowance Income-related (Welfare Reform Act 2007 and Welfare Reform Act
(Northern Ireland) 2007).";
(g) the following shall be added to Annex XI:
"UNITED KINGDOM
1. Where, in accordance with United Kingdom legislation, a person may be entitled to a retirement pension if:
(a) the contributions of a former spouse are taken into account as if they were that person's own contributions; or
(b) the relevant contribution conditions are satisfied by that person's spouse or former spouse, then provided, in
each case, that the spouse or former spouse is or had been exercising an activity as an employed or self-
employed person, and had been subject to the legislation of two or more Member States, the provisions of
Chapter 5 of Title III of this Regulation shall apply in order to determine entitlement under United Kingdom
legislation. In this case, references in the said Chapter 5 to "periods of insurance" shall be construed as
references to periods of insurance completed by:
(i) a spouse or former spouse where a claim is made by:
— a married woman, or
— a person whose marriage has terminated otherwise than by the death of the spouse; or
(ii) a former spouse, where a claim is made by:
— a widower who immediately before pensionable age is not entitled to widowed parent's allowance, or
— a widow who immediately before pensionable age is not entitled to widowed mother's allowance,
widowed parent's allowance or widow's pension, or who is only entitled to an age-related widow's
pension calculated pursuant to Article 52(1)(b) of this Regulation, and for this purpose 'age-related
widow's pension' means a widow's pension payable at a reduced rate in accordance with section 39(4)
of the Social Security Contributions and Benefits Act 1992.
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2. For the purposes of applying Article 6 of this Regulation to the provisions governing entitlement to attendance
allowance, carer's allowance and disability living allowance, a period of employment, self-employment or residence
completed in the territory of a Member State other than the United Kingdom shall be taken into account insofar as is
necessary to satisfy conditions as to required periods of presence in the United Kingdom, prior to the day on which
entitlement to the benefit in question first arises.
3. For the purposes of Article 7 of this Regulation, in the case of invalidity, old-age or survivors' cash benefits,
pensions for accidents at work or occupational diseases and death grants, any beneficiary under United Kingdom
legislation who is staying in the territory of another Member State shall, during that stay, be considered as if he
resided in the territory of that other Member State.
4. Where Article 46 of this Regulation applies, if the person concerned suffers incapacity for work leading to invalidity
while subject to the legislation of another Member State, the United Kingdom shall, for the purposes of Section 30A
(5) of the Social Security Contributions and Benefits Act 1992, take account of any periods during which the person
concerned has received, in respect of that incapacity for work:
(i) cash sickness benefits or wages or salary in lieu thereof; or
(ii) benefits within the meaning of Chapters 4 and 5 of Title III of this Regulation granted in respect of the invalidity
which followed that incapacity for work, under the legislation of the other Member State, as though they were
periods of short‐term incapacity benefit paid in accordance with Sections 30A (1)-(4) of the Social Security
Contributions and Benefits Act 1992.
In applying this provision, account shall only be taken of periods during which the person would have been
incapable of work within the meaning of United Kingdom legislation.
5. (1) For the purpose of calculating an earnings factor in order to determine entitlement to benefits under United
Kingdom legislation, for each week of activity as an employed person under the legislation of another Member
State, and which commenced during the relevant income tax year within the meaning of United Kingdom
legislation, the person concerned shall be deemed to have paid contributions as an employed earner, or have
earnings on which contributions have been paid, on the basis of earnings equivalent to two-thirds of that year's
upper earnings limit.
(2) For the purposes of Article 52(1)(b)(ii) of this Regulation, where:
(a) in any income tax year starting on or after 6 April 1975, a person carrying out activity as an employed
person has completed periods of insurance, employment or residence exclusively in a Member State other
than the United Kingdom, and the application of point 5(1) above results in that year being counted as a
qualifying year within the meaning of United Kingdom legislation for the purposes of Article 52(1)(b)(i) of
this Regulation, he shall be deemed to have been insured for 52 weeks in that year in that other Member
State;
(b) any income tax year starting on or after 6 April 1975 does not count as a qualifying year within the
meaning of United Kingdom legislation for the purposes of Article 52(1)(b)(i) of this Regulation, any
periods of insurance, employment or residence completed in that year shall be disregarded.
(3) For the purpose of converting an earnings factor into periods of insurance, the earnings factor achieved in the
relevant income tax year within the meaning of United Kingdom legislation shall be divided by that year's
lower earnings limit. The result shall be expressed as a whole number, any remaining fraction being ignored.
The figure so calculated shall be treated as representing the number of weeks of insurance completed under
United Kingdom legislation during that year, provided that such figure shall not exceed the number of weeks
during which in that year the person was subject to that legislation.".
The provisions of Regulation (EC) No 987/2009 shall, for the purposes of this Agreement, be adapted as follows:
(a) the following shall be added to Annex 1:
"UNITED KINGDOM-BELGIUM
(a) The Exchange of Letters of 4 May and 14 June 1976 regarding Article 105(2) of Regulation (EEC) No 574/72
(waiving of reimbursement of the costs of administrative checks and medical examinations)
(b) The Exchange of Letters of 18 January and 14 March 1977 regarding Article 36(3) of Regulation (EEC) No 1408/71
(arrangement for reimbursement or waiving of reimbursement of the costs of benefits in kind provided under the
terms of Chapter 1 of Title III of Regulation (EEC) No 1408/71) as amended by the Exchange of Letters of
4 May and 23 July 1982 (agreement for reimbursement of costs incurred under Article 22(1)(a) of Regulation
(EEC) No 1408/71)
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UNITED KINGDOM-DENMARK
The Exchange of Letters of 30 March and 19 April 1977 as modified by an Exchange of Letters of 8 November 1989
and of 10 January 1990 on agreement of waiving of reimbursement of the costs of benefits in kind and administrative
checks and medical examinations
UNITED KINGDOM-ESTONIA
The Arrangement finalised on 29 March 2006 between the Competent Authorities of the Republic of Estonia and of
the United Kingdom under Articles 36(3) and 63(3) of Regulation (EEC) No 1408/71 establishing other methods of
reimbursement of the costs of benefits in kind provided under this Regulation by both countries with effect from
1 May 2004
UNITED KINGDOM-IRELAND
The Exchange of Letters of 9 July 1975 regarding Articles 36(3) and 63(3) of Regulation (EEC) No 1408/71
(arrangement for reimbursement or waiving of reimbursement of the costs of benefits in kind provided under the
terms of Chapter 1 or 4 of Title III of Regulation (EEC) No 1408/71) and Article 105(2) of Regulation (EEC) No
574/72 (waiving of reimbursement of the costs of administrative checks and medical examinations)
UNITED KINGDOM-SPAIN
The Agreement of 18 June 1999 on the reimbursement of costs for benefits in kind granted pursuant to the provisions
of Regulations (EEC) No 1408/71 and (EEC) No 574/72
UNITED KINGDOM-FRANCE
(a) The Exchange of Letters of 25 March and 28 April 1997 regarding Article 105(2) of Regulation (EEC) No 574/72
(waiving of reimbursement of the costs of administrative checks and medical examinations)
(b) The Agreement of 8 December 1998 on the specific methods of determining the amounts to be reimbursed for
benefits in kind pursuant to Regulations (EEC) No 1408/71 and (EEC) No 574/72
UNITED KINGDOM-ITALY
The Arrangement signed on 15 December 2005 between the Competent Authorities of the Italian Republic and of the
United Kingdom under Articles 36(3) and 63(3) of Regulation (EEC) No 1408/71 establishing other methods of
reimbursement of the costs of benefits in kind provided under this Regulation by both countries with effect from
1 January 2005
UNITED KINGDOM-LUXEMBOURG
The Exchange of Letters of 18 December 1975 and 20 January 1976 regarding Article 105(2) of Regulation (EEC) No
574/72 (waiving of reimbursement of the costs entailed in administrative checks and medical examinations referred to
in Article 105 of Regulation (EEC) No 574/72)
UNITED KINGDOM-HUNGARY
The Arrangement finalised on 1 November 2005 between the Competent Authorities of the Republic of Hungary and
of the United Kingdom under Articles 35(3) and 41(2) of Regulation (EEC) No 883/2004 establishing other methods of
reimbursement of the costs of benefits in kind provided under that Regulation by both countries with effect from
1 May 2004
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UNITED KINGDOM-MALTA
The Arrangement finalised on 17 January 2007 between the Competent Authorities of Malta and of the United
Kingdom under Articles 35(3) and 41(2) of Regulation (EEC) No 883/2004 establishing other methods of
reimbursement of the costs of benefits in kind provided under that Regulation by both countries with effect from
1 May 2004
UNITED KINGDOM-NETHERLANDS
The second sentence of Article 3 of the Administrative Arrangement of 12 June 1956 on the implementation of the
Convention of 11 August 1954
UNITED KINGDOM-PORTUGAL
The Arrangement of 8 June 2004 establishing other methods of reimbursement of the costs of benefits in kind
provided by both countries with effect from 1 January 2003
UNITED KINGDOM-FINLAND
The Exchange of Letters 1 and 20 June 1995 concerning Articles 36(3) and 63(3) of Regulation (EEC) No 1408/71
(reimbursement or waiving of reimbursement of the cost of benefits in kind) and Article 105(2) of Regulation (EEC)
574/72 (waiving of reimbursement of the cost of administrative checks and medical examinations)
UNITED KINGDOM-SWEDEN
The Arrangement of 15 April 1997 concerning Article 36(3) and Article 63(3) of Regulation (EEC) No 1408/71
(reimbursement or waiving of reimbursement of the cost of benefits in kind) and Article 105(2) of Regulation (EEC)
No 574/72 (waiving of refunds of the costs of administrative checks and medical examinations)";
(b) the following shall be added to Annex 3:
"UNITED KINGDOM".
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ANNEX II
PROVISIONS OF UNION LAW REFERRED TO IN ARTICLE 41(4)
1. Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra‐Community trade in bovine
animals and swine (1).
2. Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in
ovine and caprine animals (2).
3. Chapter II of Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the
movement and importation from third countries of equidae (3).
4. Chapter II of Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-
Community trade in, and imports from third countries of, poultry and hatching eggs (4).
5. Chapter II of Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in
and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid
down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC (5).
6. Chapter II of Council Directive 89/556/EEC of 25 September 1989 on animal health conditions governing intra-
Community trade in and importation from third countries of embryos of domestic animals of the bovine species (6).
7. Chapter II of Council Directive 88/407/EEC of 14 June 1988 laying down the animal health requirements applicable to
intra-Community trade in and imports of semen of domestic animals of the bovine species (7).
8. Chapter II of Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to
intra-Community trade in and imports of semen of domestic animals of the porcine species (8).
9. Chapter III of Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture
animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (9).
10. Chapter II of Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the
non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 (10).
(1) OJ 121, 29.7.1964, p. 1977.
(2) OJ L 46, 19.2.1991, p. 19.
(3) OJ L 192, 23.7.2010, p. 1.
(4) OJ L 343, 22.12.2009, p. 74.
(5) OJ L 268, 14.9.1992, p. 54.
(6) OJ L 302, 19.10.1989, p. 1.
(7) OJ L 194, 22.7.1988, p. 10.
(8) OJ L 224, 18.8.1990, p. 62.
(9) OJ L 328, 24.11.2006, p. 14.
(10) OJ L 178, 28.6.2013, p. 1.
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ANNEX III
TIME LIMITS FOR THE SITUATIONS OR CUSTOMS PROCEDURES REFERRED TO IN ARTICLE 49(1)
The time limits set out in this Annex are the relevant end dates for the application of Regulation (EU) No 952/2013.
Situation / procedure
Time limit
1. Temporary storage
90 days, Article 149 of Regulation (EU) No 952/2013
2. Release for free circulation
1 month + 10 days after acceptance of the declaration, Article
146(3) of Delegated Regulation (EU) 2015/2446 (1) concern
ing the supplementary declaration; "reasonable period of
time" as regards verification, Article 194 of Regulation (EU)
No 952/2013
Maximum: 60 days
3.
Special procedures
Period for discharge is obligatory for inward processing, outward processing, end-use and temporary admission (D.E. 4/17
in Annex A to Delegated Regulation (EU) 2015/2446). Discharge by placing under a subsequent customs procedure, taking
out of the customs territory or being destroyed, Article 215(1) of Regulation (EU) No 952/2013.
(a) Union transit
Maximum: 12 months after release
(b) Customs warehousing
Maximum: 12 months after the end of the transition
period
(c) Free zones
At the end of the transition period
(d) Temporary admission
Maximum: 12 months after release
(e) End-use
Maximum: 12 months after release
(f) Inward processing
Maximum: 12 months after release
(g) Outward processing
Maximum: 12 months after release
4. Export
150 days after release
5. Re-export
150 days after release
(1) Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European
Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343,
29.12.2015, p. 1).
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ANNEX IV
LIST OF NETWORKS, INFORMATION SYSTEMS AND DATABASES REFERRED IN ARTICLES 50, 53, 99 AND 100
1. Backwards compatibility for the United Kingdom and the Union shall be established to ensure that, for any changes that
are made to the networks, information systems and databases, as well as for any changes to formats for exchanging
information, the Member States and the United Kingdom can continue to accept each other's information in the
current format, unless the Union and the United Kingdom agree otherwise.
2. The United Kingdom's access to any given network, information system or database shall be limited in time. The
respective time period is indicated for each network, information system or database. Where exchanges of information
between customs authorities would be required for the implementation of procedures in accordance with Article 49
once electronic data-processing is no longer possible in accordance with this Annex, alternative means for the
exchange and storage of information shall be used.
Part I: Customs
Customs IT system
Type of access
Time limit
ICS
Lodgement of the pre-arrival declaration limited to:
31 July 2021
(Import Control System)
— Receiving and sending entry summary declaration (ENS) data
on declarations lodged before the end of the transition period
(in the case of subsequent ports or diversion);
— Receiving and sending risk data on those declarations lodged
before the end of the transition period.
NCTS
All functionalities applied to ongoing transit operations, i.e.
31 January 2021
(New Computerised Transit Sys
movements released for transit before the end of the transition
tem)
period. [No release of new transit operations after the end of the
transition period.]
ECS
Confirmation of exit for ongoing export operations, i.e. goods 31 January 2021
(Export Control System)
released for export before the end of the transition period:
— For operations with the customs offices of exit in the United
Kingdom to confirm in ECS the exit of the goods;
— For operations with the customs offices of exit in Member
States, i.e. the customs offices of export in the United
Kingdom to receive the confirmations of exit from the
Member States' customs offices of exit.
INF
— Read only access to INF Specific Trader Portal for United 31 December 2021
(Information Sheet)
Kingdom traders;
— Read/write access to active INFs in INF system for customs
offices.
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Customs IT system
Type of access
Time limit
SURV-RECAPP
Transmission by the United Kingdom's customs authorities 28 February 2021
(Tariff Surveillance System – Re
of data elements for release for free circulation (RFC) or
ceiving Application)
export procedures:
— Surveillance Declaration Records (SDRs) not yet transmitted
for RFC or export procedures under which the goods were
placed before the end of the transition period;
— SDRs elements for RFC ending or discharging an ongoing
procedure or situation.
EBTI3
Input for the calculation of customs debt:
8 January 2021
(European Binding Tariff Infor
Access to information pertaining to decisions related to BTI or any
mation)
subsequent event which may affect the original application or
decision [full access for consultation].
TARIC3
Input for the calculation of customs debt:
31 December 2021
(Integrated Customs Tariff of the Transmissions of daily updates to the United Kingdom after the
Community)
end of the transition period, with the exception of confidential
data (statistical surveillance data).
QUOTA2
Input for the calculation of customs debt:
6 January 2021
(System for Managing Tariff Management of quotas, cancellation of requests for quotas and
Quotas, Ceilings and other Sur
returns of unused allocated quantities.
veillances)
SMS TRA, EXP
Read-only access to the database with specimens of stamps, seals
31 January 2021
(Specimen Management System) and certificates.
SMS QUOTA
Read-only access to the database with certificates of authenticity
6 January 2021
(Specimen Management System) necessary in order to benefit from the quotas.
OWNRES
Limited access restricted to cases involving the United Kingdom
20 February 2026
(Own Resources reporting of (no access to global analyses).
cases of fraud and irregularities
involving traditional own re
sources (TOR) in excess of
EUR 10 000, Article 5(1) of Reg
ulation (EU, Euratom) No
608/2014)
WOMIS
Full access, as by default already limited to national write-off
30 June 2025
(Write-off management infor
reports (read-only access as from 1 July 2025 in the framework of
mation system for TOR case-re
the liquidation of the separate account by 31 December 2025).
ports under Article 13(3) of Reg
ulation
(EU,
Euratom)
No 609/2014)
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Supporting system
Type of access
Time limit
EOS/EORI
Read-only access for the related systems.
31 December 2021
(Economic Operators System – Eco
nomic Operators Registration and Iden
tification)
CDS
Read-only access for traders in the United Kingdom
31 January 2021
(Customs Decisions System)
and for customs offices in the United Kingdom.
CS/RD2
Read-only access for Reference Data;
31 December 2021
(Central Services/Reference Data)
Write access for customs offices of NA-UK only.
CS/MIS
Write-only access for uploading unavailabilities and
31 July 2021
(Central Services/Management Informa
business statistics.
tion System)
GTP
Access to the generic functions of the portal for tra
31 December 2021
(Generic Trader Portal)
ders in the United Kingdom until the last Specific
Trader Portal is switched off for traders in the United
Kingdom.
Network and infrastructure
Type of access
Time limit
CCN
Linked to the access for the related
31 December 2021 (or longer if required
(Common Communication Network)
systems.
for excise or taxation)
UUM&DS
Linked to the access for the related
31 December 2021 (or longer if required
(Uniform User Management and Digital systems.
for excise or taxation)
Signatures)
CCN2
Linked to the access for the related
31 December 2021 (or longer if required
(Common Communication Network 2)
systems.
for excise or taxation)
Part II: Excise
Excise IT system
Type of access
Time limit
EMCS Core
Duty suspension: Transmissions to and from the
31 May 2021
(Excise Movement Control System)
United Kingdom of reports of receipt / reports of ex
port (IE818).
EMCS Admin Coop
— Transmissions to and from the United Kingdom of 31 May 2021
(Excise Movement Control System Ad
messages relating to open movements (event re
ministrative Cooperation)
ports, control reports, administrative cooperation
(enquiries on open EMCS movements);
— Member States and the United Kingdom shall keep 31 December 2024
EMCS Administrative Cooperation online to allow
queries and audits on movements up to the end of
the transition period.
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Supporting system
Type of access
Time limit
SEED
Read only, with United Kingdom's economic opera
31 May 2021
(System for the Exchange of Excise Data) tors invalidated.
CS/MISE
Filtered to restrict to movements involving the United 31 May 2021
(Central Services/Management Informa
Kingdom.
tion System for EMCS)
Network and infrastructure
Type of access
Time limit
CCN
Linked to the access for the related systems.
31 May 2021 (or longer
(Common Communication Network)
if required for excise or
taxation)
Part III: VAT
VAT IT system
Type of access
Time limit
VAT-VIES
Taxable persons registration information:
31 December 2024 (3)
(VAT Information Exchange Reciprocal access to the IT systems, by the United Kingdom and
System)
the Member States (1), to exchange, until 31 December 2024,
historical registration information of the other party (2)
(registration data entered in the system before the end of the
transition period) as well as registration information of the other
party updated after the transition period (e.g. ending of
registration of a taxable person).
Transactions - turnover information:
31 December 2024
Access to the IT systems, by the United Kingdom and the Member
States with reciprocal access, to exchange information contained
in recapitulative statements submitted to the other party for
transactions that took place (4) before the end of the transition
period and where taxable persons of the receiving party are
involved;
The United Kingdom and the Member States shall have no access
to each other's turnover information related to transactions that
take place after 31 December 2020.
VAT Refund
Access to the IT system to:
30 April 2021
— Forward to the Member States the VAT refund applications
submitted by taxable persons established in the United
Kingdom in accordance with Directive 2008/9/EC and to
receive from the Member States the VAT refund applications
submitted by taxable persons established in a Member State;
— Handle (5) VAT refund applications received by the United 31 January 2022
Kingdom and submitted by taxable persons established in a
Member State and VAT refund applications received by the
Member States and submitted by taxable persons established
in the United Kingdom.
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VAT IT system
Type of access
Time limit
MOSS
Registration Information:
(Mini-One-Stop-Shop)
Access to the IT systems, by the United Kingdom and the Member
States with reciprocal access, to:
— Exchange the registration and historical registration 31 December 2024
information;
— Disseminate information relating to new MOSS registrations, 20 February 2021
for registrations, the effective date of registration of which is
before or on 31 December 2020.
VAT Return:
Access to the IT systems, by the United Kingdom and the Member
States with reciprocal access, to:
— Exchange MOSS return information, for returns submitted 20 February 2021
before or on 31 January 2021;
— Exchange amendments relating to MOSS VAT returns 20 January 2022
submitted before or on 20 January 2021;
— Exchange VAT return information for transactions where the 31 December 2024
other party is involved;
— The United Kingdom and the Member States shall have no
access to each other's VAT return information of transactions
that take place after 31 December 2020.
Payment information:
Access to the IT systems, by the United Kingdom and the Member
States with reciprocal access, to:
— Exchange payment information relating to payments received 20 February 2021
from
MOSS
registered
businesses
before
or
on
31 January 2021;
— In respect of taxable transactions in the other party, exchange 20 January 2022
information relating to reimbursements or payments for
amendments relating to MOSS VAT returns submitted before
or on 31 December 2021.
(1) For the purposes of this Annex, "reciprocal access" means that the United Kingdom must ensure that Member States have the same
access to such data in the United Kingdom as the United Kingdom and the Member States have to such data in the Member States.
(2) For the purposes of this Annex, "other party" means, with respect to the United Kingdom, a Member State and, with respect to a
Member State, the United Kingdom.
(3) The United Kingdom's data concerning the VAT identification numbers of its taxable persons must be updated until
31 December 2024.
(4) Including transactions covered by Article 51(1).
(5) For the purposes of this indent, "handle" means completing all actions in respect of a claim to allow it to be finalised, including
notification of any disallowed amounts, along with details of how to appeal, and repayment of any allowable amounts, along with the
exchange of any relevant messages with the VAT Refund system.
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Supporting system
Type of access
Time limit
CCN/eFCA
Transmissions between the United
31 December 2024
Administrative cooperation VAT
Kingdom and the Member States of
(Common Communications Network/ requests – and follow-up to these re
eForm Central Application)
quests – with regard to administrative
cooperation for VAT purposes.
TIC VAT Refund preferences
Access by the United Kingdom in order 31 March 2021
to update the United Kingdom's VAT
refund preferences
Part IV: Tax and duty recovery assistance
Supporting system
Type of access
Time limit
CCN/eFCA
Transmissions between the United
31 December 2025
Recovery assistance
Kingdom and the Member States of
requests – and follow-up of these re
quests – with regard to recovery assis
tance.
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ANNEX V
EURATOM
This annex sets out the categories of community equipment and other property related to the provision of safeguards
located in the United Kingdom under the Euratom Treaty which shall become property of the United Kingdom at the end
of the transition period.
At the end of the transition period, the European Commission shall transmit to the United Kingdom the final inventory of
Euratom equipment and other property transferred.
In accordance with Article 84(1) and Article 148, the United Kingdom shall reimburse to the Union the value of that
equipment and other property, calculated based on the value assigned to that equipment and other property in the
consolidated accounts for the year 2020. The said value shall be communicated by European Commission to the United
Kingdom upon its final regulatory approval.
The Euratom equipment is located at:
—
Sellafield (1), the UK nuclear fuel reprocessing site;
—
Dounreay (2), the UK's former centre of fast reactor research and development;
—
Sizewell (3), a site with two nuclear power stations, Sizewell A (not in operation) and Sizewell B, a pressurised water
reactor still in operation;
—
Capenhurst (4), a uranium enrichment plant;
—
Springfields (5), a fuel fabrication plant;
— Other reactors, research, medical and other facilities, where safeguards equipment is being used.
The Euratom equipment comprises various elements consisting of fixed installations and related devices necessary for the
use of these fixed installations and forming an inherent part of the whole system installed:
1. Seals:
— Metal seals for single use;
— Fibre optic seals for single and multiple use; and
— Seal readers.
2. Surveillance equipment:
— Digital and analogue single and multiple component safeguards surveillance systems.
3. Measurement equipment (non-destructive assay):
— Various types of gamma detectors with pre-amplifiers and counting electronics for gamma measurements;
— Various types of neutron detectors with pre-amplifiers and counting electronics for neutron measurements; as well
as
— Equipment for fresh and spent fuel assembly, Uranium drum and Plutonium can content measurements including
rod and fuel assembly scanners, balances and load cells.
4. Laboratory equipment (forming part of the on-site laboratory at Sellafield):
— Mass spectrometer (TIMS);
— gamma and X-ray based measurement instruments (e.g. K-edge densitometry and XRF); and
— Gloveboxes with analytical equipment including densitometer and analytical balances.
(1) Sellafield Ltd, SELLAFIELD CA20 1PG, UNITED KINGDOM
(2) Dounreay Site Restoration Ltd, KW14 7TZ THURSO CAITHNESS, UNITED KINGDOM
(3) EDF Energy Nuclear Generation Limited - Sizewell B Power Station, SUFFOLK, IP16 4UR LEISTON
(4) Urenco UK Limited, Capenhurst Works, CHESTER CH1 6ER, UNITED KINGDOM
(5) Westinghouse Springfields Fuels Ltd, SALWICK PRESTON PR4 OXJ, UNITED KINGDOM
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To facilitate the most effective handover of this equipment, the United Kingdom and the Community shall make the
necessary legal arrangements to release the Community from its obligations and liabilities under its agreement dated
25 March 1994 with British Nuclear Fuels PLC (now Sellafield Ltd).
5. Computer and related equipment (in offices and measurements systems):
— Personal computers as well as related equipment including remote data transmission infrastructure (battery packs
and power supplies, hardware devices to allow to control multiple computers, network equipment including fibre
optics, Ethernet cables and converters, switches, serial servers, virtual private network router, time and domain
controller, cabinets); as well as
— Related servers, screens and printers.
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ANNEX VI
LIST OF ADMINISTRATIVE COOPERATION PROCEDURES REFERRED TO IN ARTICLE 98
1. Administrative cooperation between the Member States related to supplier's declarations on the origin of goods,
established for the purpose of preferential trade between the Union and certain countries (Articles 61 to 66 of
Implementing Regulation (EU) 2015/2447).
2. For the verification of proofs of origin issued by third country authorities or agencies authorised by them (special non-
preferential import arrangements) (Article 59 of Implementing Regulation (EU) 2015/2447) and for the verification of
proofs of origin issued or made out by third country authorities or exporters (preferential arrangements) (Articles 108
to 111 and 125 of Implementing Regulation (EU) 2015/2447, Article 32 of Annex II to Regulation (EU) 2016/1076 of
the European Parliament and of the Council, Article 55 of Annex VI to Council Decision 2013/755/EU and the
equivalent provisions in preferential agreements).
3. Mutual assistance in the framework of the recovery of a customs debt (Articles 101(1) and Articles 102(1) of the
Regulation (EU) No 952/2013, Article 165 of Implementing Regulation (EU) 2015/2447).
4. Mutual assistance in the framework of transfer of the amount of customs debt by the Member State which has accepted
a guarantee to the Member State where the customs debt is incurred (point (c) of Article 92(1) of Regulation (EU) No
952/2013, Article 153 of Implementing Regulation (EU) 2015/2447).
5. Verification of proofs of Union status (and administrative assistance) (Article 153 of Regulation (EU) No 952/2013,
Article 212 of Implementing Regulation (EU) 2015/2447).
6. Communication between authorities relating to returned goods (Article 203 of Regulation (EU) No 952/2013, Article
256 of Implementing Regulation (EU) 2015/2447).
7. Administrative cooperation in the framework of the recovery of other charges for goods placed under temporary
admission according to the ATA Convention or the Istanbul Convention (point (c) of Article 226(3) of Regulation
(EU) No 952/2013, Article 170 of Implementing Regulation (EU) 2015/2447).
8. Mutual assistance for obtaining supplementary information in order to decide on an application for remission or
repayment (Articles 22 and 116(1) of Regulation (EU) No 952/2013, Article 175 of Implementing Regulation (EU)
2015/2447).
9. Verification and administrative assistance for post-release controls of the information related to the Union transit
operation (Article 48 of Regulation (EU) No 952/2013, Article 292 of Implementing Regulation (EU) 2015/2447).
10. Administrative cooperation in the framework of the recovery of other charges under transit procedures (points (a), (b)
and (c) of Article 226(3) of Regulation (EU) No 952/2013, Articles 167 and 169 of Implementing Regulation (EU)
2015/2447).
11. Notification of recovery of duties and other charges under the Union transit procedure or under transit according to
the TIR Convention (points (a) and (b) of Article 226(3) of Regulation (EU) No 952/2013, Article 168 of
Implementing Regulation (EU) 2015/2447).
12. Direct cooperation and exchange of information between Member States concerning export controls on dual-use
items (Article 19(2) of Council Regulation (EC) No 428/2009).
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ANNEX VII
LIST OF ACTS/PROVISIONS REFERRED TO IN ARTICLE 128(6)
1. Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (without prejudice to Article
96(1) of this Agreement). (1)
2. Titles III and IX of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the
Community code relating to medicinal products for human use, (2) Regulation (EC) No 1901/2006 of the European
Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use, (3) Regulation (EC) No
1394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced therapy medicinal
products, (4) Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on
orphan medicinal products (5), Titles III and VII of Directive 2001/82/EC of the European Parliament and of the
Council of 6 November 2001 on the Community code relating to veterinary medicinal products, (6) Regulation (EC)
No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for
the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, (7) Regulation
(EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community
procedures for the authorisation and supervision of medicinal products for human and veterinary use and
establishing a European Medicines Agency, (8) Commission Implementing Regulation (EU) No 520/2012 of
19 June 2012 on the performance of pharmacovigilance activities provided for in Regulation (EC) No 726/2004 of
the European Parliament and of the Council and Directive 2001/83/EC of the European Parliament and of the
Council, (9) and Commission Regulation (EC) No 1234/2008 of 24 November 2008 concerning the examination of
variations to the terms of marketing authorisations for medicinal products for human use and veterinary medicinal
products. (10)
3. Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the
Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals
Agency. (11)
4. Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification,
labelling and packaging of substances and mixtures. (12)
5. Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the
placing of plant protection products on the market, (13) and Regulation (EC) No 396/2005 of the European Parliament
and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and
animal origin. (14)
6. Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making
available on the market and use of biocidal products. (15)
7. Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on
medicinal products for human use. (16)
(1) OJ L 227, 1.9.1994, p. 1.
(2) OJ L 311, 28.11.2001, p. 67.
(3) OJ L 378, 27.12.2006, p. 1.
(4) OJ L 324, 10.12.2007, p. 121.
(5) OJ L 18, 22.1.2000, p. 1.
(6) OJ L 311, 28.11.2001, p. 1.
(7) OJ L 152, 16.6.2009, p. 11.
(8) OJ L 136, 30.4.2004, p. 1.
(9) OJ L 159, 20.6.2012, p. 5.
(10) OJ L 334, 12.12.2008, p. 7.
(11) OJ L 396, 30.12.2006, p. 1.
(12) OJ L 353, 31.12.2008, p. 1.
(13) OJ L 309, 24.11.2009, p. 1.
(14) OJ L 70, 16.3.2005, p. 1.
(15) OJ L 167, 27.6.2012, p. 1.
(16) OJ L 158, 27.5.2014, p. 1.
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8. Article 16 of Commission Regulation (EC) No 1235/2008 of 8 December 2008 laying down detailed rules for
implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic
products from third countries. (17)
9. Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and
standards for ship inspection and survey organisations. (18)
10. Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into
the environment of genetically modified organisms, (19) point (c) of Article 6(3) of Regulation (EC) No 1829/2003 of
the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed. (20)
11. Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and
health claims made on foods. (21)
12. Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention
and management of the introduction and spread of invasive alien species. (22)
13. Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009on the placing on the
market and use of feed. (23)
(17) OJ L 334, 12.12.2008, p. 25.
(18) OJ L 131, 28.5.2009, p. 11.
(19) OJ L 106, 17.4.2001, p. 1.
(20) OJ L 268, 18.10.2003, p. 1.
(21) OJ L 404, 30.12.2006, p. 9.
(22) OJ L 317, 4.11.2014, p. 35.
(23) OJ L 229, 1.9.2009, p. 1.
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ANNEX VIII
RULES OF PROCEDURE OF THE JOINT COMMITTEE AND SPECIALISED COMMITTEES
Rule 1
Chair
1. The Joint Committee shall be co-chaired by a Member of the European Commission and a representative of the
Government of the United Kingdom at ministerial level, or by high-level officials designated to act as their alternates.
The European Union and the United Kingdom shall notify each other in writing of the designated co-chairs and their
alternates.
2. The decisions of the co-chairs provided for by these Rules of Procedure shall be taken by mutual consent.
3. A co-chair who is unable to attend a meeting may be replaced for that meeting by a designee. The co-chair, or his or her
designee, shall inform in writing the other co-chair and the Secretariat of the Joint Committee of the designation as early
as possible.
4. The designee 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 a designee.
Rule 2
Secretariat
The Secretariat of the Joint Committee (the "Secretariat") shall be composed of an official of the European Commission
and an official of the Government of 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
1. Before each meeting, the Union and the United Kingdom shall inform each other through the Secretariat of the intended
composition of the delegations.
2. 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 Joint Committee in order to provide information on a particular subject.
Rule 4
Meetings
1. The Joint Committee shall hold its meetings alternately in Brussels and London, unless the co-chairs decide otherwise.
2. By way of derogation from paragraph 1, the co-chairs may decide that a meeting of the Joint Committee be held by
videoconference or teleconference.
3. Each meeting of the Joint Committee 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 Joint Committee shall endeavour
to meet within 30 days of such request. In cases of urgency it shall endeavour to meet sooner.
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Rule 5
Documents
Written documents on which the deliberations of the Joint Committee are based shall be numbered and circulated to the
Union and the United Kingdom by the Secretariat as documents of the Joint Committee.
Rule 6
Correspondence
1. The Union and the United Kingdom shall send their correspondence addressed to the Joint Committee to the Secretariat.
Such correspondence may be sent in any form of written communication, including by electronic mail.
2. The Secretariat shall ensure that correspondence addressed to the Joint Committee is forwarded to the co-chairs and is
circulated, where appropriate, in accordance with Rule 5.
3. 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
1. 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 15 days before the date of the meeting.
2. 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 21 days before the beginning of the meeting.
3. No later than 10 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.
4. The agenda shall be adopted by the Joint Committee 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 Joint Committee.
5. In exceptional cases, the co-chairs may decide to derogate from the time limits specified in paragraphs 1 and 2.
Rule 8
Minutes
1. Draft minutes of each meeting shall be drawn up by the Secretariat, within 21 days from the end of the meeting, unless
the co-chairs decide otherwise.
2. The minutes shall, as a rule, summarise each item on the agenda, specifying where applicable:
(a) the documents submitted to the Joint Committee;
(b) any statement that one of the co-chairs requested to be entered in the minutes; and
(c) the decisions adopted, recommendations made, joint statements decided upon and operational conclusions adopted
on specific items.
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3. The minutes shall include a list of the names, titles and capacity of all individuals who attended the meeting.
4. The minutes shall be approved in writing by the co-chairs within 28 days of the date of the meeting or by any other date
decided by the co-chairs. Once approved, two authentic versions of the minutes shall be signed by the members of the
Secretariat. The Union and the United Kingdom shall each receive one of these authentic versions. The co-chairs may
decide that signing and exchanging electronic copies satisfies this requirement.
5. The Secretariat shall also prepare a summary of the minutes. After having approved the summary, the co-chairs may
decide to make it public.
Rule 9
Decisions and Recommendations
1. In the period between meetings, the Joint Committee may adopt decisions or recommendations by written procedure, if
the co-chairs decide to use this procedure. The written procedure shall consist of an exchange of notes between the co-
chairs.
2. Where the Joint Committee adopts decisions or recommendations, the words "Decision" or "Recommendation",
respectively, shall be inserted in the title of such acts. The Secretariat shall record any decision or recommendation
under a serial number and with a reference to the date of its adoption.
3. Decisions adopted by the Joint Committee shall specify the date at which they take effect.
4. Decisions and recommendations adopted by the Joint Committee shall be signed by the co‐chairs and shall be sent by
the Secretariat to the parties immediately after the signature.
Rule 10
Publicity and Confidentiality
1. Unless otherwise decided by the co-chairs, the meetings of the Joint Committee shall be confidential.
2. Where the Union or the United Kingdom submits information considered as confidential or protected from disclosure
under its laws and regulations to the Joint Committee or any specialised committee, the other party shall treat that
information received as confidential.
3. Without prejudice to paragraph 2, the Union and the United Kingdom may each decide individually on whether to
publish, the decisions and recommendations adopted by the Joint Committee in their respective official publication
journals.
Rule 11
Languages
1. The official languages of the Joint Committee shall be the official languages of the Union and the United Kingdom.
2. The working language of the Joint Committee shall be English. Unless otherwise decided by the co-chairs, the Joint
Committee shall base its deliberations on documents prepared in English.
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Rule 12
Expenses
1. The Union and the United Kingdom shall each meet any expenses they incur as a result of participating in the meetings
of the Joint Committee.
2. 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 London.
3. Expenditure in connection with interpretation to and from the working language of the Joint Committee at meetings
shall be borne by the party requesting such interpretation.
Rule 13
Specialised committees
1. Without prejudice to paragraphs 2 to 3 of this Rule, Rules 1 to 12 shall apply mutatis mutandis to the specialised
committees unless decided otherwise by the Joint Committee.
2. The specialised committees shall be co-chaired by representatives designated by the European Commission and the
Government of the United Kingdom. The European Union and the United Kingdom shall notify each other of the
designated representatives.
3. All information and reports to be provided by a specialised committee pursuant to Article 165(4) of the Agreement
shall be submitted to the Joint Committee without undue delay.
Rule 14
Annual report
For each calendar year, the annual report on the functioning of the Agreement provided for in Article 164(6) of the
Agreement shall be drawn up by the Secretariat by 1 May of the following year. It shall be adopted and signed by the
co-chairs.
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ANNEX IX
RULES OF PROCEDURE
PART A
RULES OF PROCEDURE FOR DISPUTE SETTLEMENT
I.
Definitions
1.
For the purposes of these Rules of Procedure, the following definitions shall apply:
(a) "Party" means the Union or the United Kingdom;
(b) "complainant" means any Party that requests the establishment of an arbitration panel under Article 170 of the
Agreement;
(c) "respondent" means the Party that is alleged to be in violation of a provision of this Agreement;
(d) "representative of a Party" means a servant of, or any person appointed by a Party who represents that Party for
the purposes of a dispute under this Agreement;
(e) "adviser" means a person designated by a Party to advise or assist that Party in connection with proceedings
before an arbitration panel;
(f) "assistant" means a person who, under the terms of his or her appointment, conducts research for or provides
assistance to a member of an arbitration panel under the direction and control of that member.
II.
Notifications
2.
The following rules shall apply to notifications between the Parties and the arbitration panel:
(a) the arbitration panel shall send all requests, notices, written submissions and other documents to both Parties at
the same time;
(b) where a Party addresses a request, notice, written submission or other document to the arbitration panel, it shall
send a copy thereof to the other Party at the same time; and
(c) where a Party addresses a request, notice, written submission or other document in relation to the dispute to the
other Party, it shall send a copy thereof to the arbitration panel at the same time.
3.
Any notification referred to in point 2 shall be made by e-mail or, where appropriate, any other means of telecommu
nication that provides a record of the sending thereof. Unless proven otherwise, such notification shall be deemed to
have been delivered on the date of its sending. All notifications shall be addressed to the Legal Service of the European
Commission and to the Legal Adviser of the Foreign and Commonwealth Office of the United Kingdom, respectively.
4.
The International Bureau of the Permanent Court of Arbitration shall, upon the written request of the Parties or the
arbitration panel, act as a channel of communications between the Parties and the arbitration panel.
5.
Minor errors of a clerical nature in any request, notice, written submission or other document related to the
proceedings before the arbitration panel may be corrected by delivery of a new document clearly indicating the
changes.
6.
If the last day for delivery of a document falls on a weekend or legal holiday applicable to the European Commission
or to the Foreign and Commonwealth Office of the United Kingdom, as the case may be, the document may be
delivered on the next working day. No later than 30 September of each year, the Union and the United Kingdom shall
inform each other as well as, in the case referred to in point 4, the International Bureau of the Permanent Court of
Arbitration, of the legal holidays applicable to the European Commission and to the Foreign and Commonwealth
Office of the United Kingdom, respectively.
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III. Appointment and replacement of members of an arbitration panel
7.
If, pursuant to Article 171(5) of the Agreement, one or more members of an arbitration panel are to be selected by
lot, the International Bureau of the Permanent Court of Arbitration shall promptly inform the Parties of the date,
time and venue of the selection. The Parties may choose to be present during the selection. However, the absence of
one or both of the Parties shall not preclude the selection from being carried out.
8.
The International Bureau of the Permanent Court of Arbitration shall notify, in writing, each person who has been
selected to serve as a member of an arbitration panel of his or her appointment. Each person selected shall, within 5
days from that notification, confirm his or her availability to the International Bureau of the Permanent Court of
Arbitration and to both Parties.
9.
Where a Party considers that a member of the arbitration panel does not comply with the Code of Conduct set out in
Part B and for that reason needs to be replaced, that Party shall notify the other Party within 15 days from the time at
which it obtained sufficient evidence of that member's alleged non-compliance.
10. The Parties shall consult each other within 15 days from the notification referred to in point 9. They shall inform the
member of the arbitration panel of the alleged non-compliance and may request that member to take steps to remedy
the situation. They may also jointly decide to remove that member and to select a new member in accordance with
Article 171 of the Agreement.
If the Parties fail to agree on whether to replace a member of the arbitration panel other than its chairperson, either
Party may request that this matter be referred to the chairperson of that panel, whose decision shall be final.
If the chairperson of the arbitration panel finds that the member of the arbitration panel does not comply with the
Code of Conduct, a new member of the arbitration panel shall be selected in accordance with Article 171 of the
Agreement.
11. If the Parties fail to agree on whether to replace the chairperson, either Party may request that this matter be referred
to one of the remaining persons who have been jointly proposed by the Union and the United Kingdom to act as
chairperson in accordance with the third sentence of Article 171(1) of the Agreement (the "selected person"). The
name of the selected person shall be drawn by lot by the Secretary-General of the Permanent Court of Arbitration.
If the selected person finds that the chairperson does not comply with the Code of Conduct, a new chairperson shall
be selected in accordance with Article 171 of the Agreement from among the persons who have been jointly
proposed by the Union and the United Kingdom to act as chairperson, with the exception of the selected person.
IV.
Financial issues
12. The Parties shall share equally the expenses arising from the establishment and operation of an arbitration panel,
including the remuneration and expenses to be paid to the members of that arbitration panel.
13. The Parties shall agree with the arbitration panel, within 7 days of its establishment, on:
(a) the remuneration and expenses to be paid to the members of the arbitration panel, which shall be reasonable and
in accordance with WTO standards;
(b) the remuneration to be paid to assistants; for each member of the arbitration panel, the total amount of
remuneration to be paid to assistants shall be reasonable and in any event shall not exceed one third of the
remuneration of that member.
Such agreement may be reached by any means of communication.
V.
Timetable and written submissions
14. The arbitration panel shall, after consulting the Parties, establish an indicative timetable of the proceedings within 7
days of its establishment.
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15. The complainant shall address its written submission to the arbitration panel no later than 20 days after the date of
establishment of the indicative timetable. The respondent shall address its written submission to the arbitration panel
no later than 20 days after the date on which it has received a copy of the written submission of the complainant.
VI. Operation of the arbitration panel
16. The chairperson of the arbitration panel shall preside over all its meetings. The arbitration panel may delegate to the
chairperson the authority to make administrative and procedural decisions.
17. Unless otherwise provided in this Agreement or in these Rules of Procedure, the arbitration panel may conduct its
proceedings and deliberations by any means of communication.
18. Only members of the arbitration panel may take part in the deliberations of the arbitration panel, but the arbitration
panel may permit the members' assistants to be present at its deliberations.
19. The drafting of any ruling or decision shall remain the exclusive responsibility of the members of the arbitration
panel, and shall not be delegated to any other person.
20. The International Bureau of the Permanent Court of Arbitration shall provide secretariat services and other logistic
support to the arbitration panel.
21 Where a procedural question arises that is not covered by this Agreement or by these Rules of Procedure, the
arbitration panel may, after consulting the Parties, decide on the procedure to be followed, provided that the latter is
compatible with this Agreement and with these Rules of Procedure.
22. If the arbitration panel considers that there is a need to change any of the time periods for the proceedings referred to
in these Rules of Procedure or to make any other procedural or administrative adjustment, it shall inform the Parties
in writing, after consulting the Parties, of the reasons for the change or adjustment and the time period or
adjustment needed.
VII. Hearings
23. Based upon the indicative timetable established pursuant to point 14, after consulting the Parties and the other
members of the arbitration panel, the chairperson shall notify the Parties of the date, time and venue of the hearing.
That information shall be made publicly available, unless the hearing is closed to the public.
The arbitration panel may decide, in agreement with the Parties, not to hold a hearing.
24. Unless the Parties agree otherwise, the hearing shall be held in The Hague, in the premises of the Permanent Court of
Arbitration.
25. The arbitration panel may convene additional hearings if the Parties so agree.
26. All members of the arbitration panel shall be present during the entirety of the hearing.
27. Unless the Parties agree otherwise, the following persons may attend the hearing, irrespective of whether the hearing
is open to the public or not:
(a) representatives of a Party;
(b) advisers;
(c) assistants;
(d) interpreters, translators and court reporters of the arbitration panel; and
(e) experts, as decided by the arbitration panel.
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28. No later than 5 days before the date of a hearing, each Party shall address to the arbitration panel and to the other
Party a list of the names of persons who will make oral arguments or presentations at the hearing on behalf of that
Party and the names of other representatives and advisers who will be attending the hearing.
29. The arbitration panel shall conduct the hearing in the following manner, ensuring that the complainant and the
respondent are afforded equal time in both argument and reply:
(a) argument:
(i) argument of the complainant;
(ii) argument of the respondent;
(b) reply:
(i) reply of the complainant;
(ii) counter-reply of the respondent.
30. The arbitration panel may direct questions to either Party at any time during the hearing.
31. The arbitration panel shall arrange for a transcript of the hearing to be prepared and delivered to the Parties as soon as
possible after the hearing. The Parties may comment on the transcript and the arbitration panel may consider those
comments.
32. Each Party may address a supplementary written submission to the arbitration panel concerning any matter that arose
during the hearing within 10 days after the date of the hearing.
VIII. Questions in writing
33. The arbitration panel may at any time during the proceedings submit questions in writing to one or both Parties.
34. Each Party shall have an opportunity to provide comments in writing on the other Party's responses to questions
submitted by the arbitration panel within 5 days after the date on which it has received a copy of those responses.
IX. Confidentiality
35. Any information submitted by a Party to the arbitration panel which that Party has designated as confidential shall be
treated as confidential by the other Party and by the panel. When a Party submits to the arbitration panel a written
submission which contains confidential information, it shall also provide, within 15 days, a submission without the
confidential information and which shall be disclosed to the public.
36. Nothing in these Rules of Procedure shall preclude a Party from disclosing its own written submissions, responses to
questions submitted by the arbitration panel or transcript of oral argument to the public, provided that, when making
reference to information submitted by the other Party, it does not disclose any information designated by the other
Party as confidential.
37. Hearings before the arbitration panel shall be open to the public except where the submission and arguments of a
Party contain confidential information or where the Parties otherwise agree that the hearing shall be closed to the
public. In such case the Parties shall maintain the confidentiality of the hearings of the arbitration panel.
X.
Ex parte contacts
38. The arbitration panel shall not meet or otherwise orally communicate with a Party in the absence of the other Party.
XI. Urgent cases
39. In cases of urgency referred to in Article 173(2) of the Agreement, the arbitration panel, after consulting the Parties,
shall adjust, as appropriate, the time periods referred to in these Rules of Procedure. The arbitration panel shall notify
the Parties of those adjustments.
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XII. Translation and interpretation
40. The language of proceedings before the arbitration panel shall be English. Decisions of the arbitration panel shall be
issued in English.
41. Each Party shall bear its own costs of the translation of any documents submitted to the arbitration panel which are
not originally drafted in English, as well as any costs relating to interpretation during the hearing related to its
representatives or advisers.
PART B
CODE OF CONDUCT FOR MEMBERS OF ARBITRATION PANELS
Definitions
1.
For the purposes of this Code of Conduct, the definition of "assistant" set out in the Rules of Procedure shall apply. In
addition, "candidate" means a person whose name is on the list referred to in Article 171(1) of the Agreement and
who is under consideration for selection as a member of an arbitration panel under that Article.
Responsibilities to the process
2.
Every candidate and member of an arbitration panel shall avoid impropriety and the appearance of impropriety, shall
be independent and impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of
conduct so that the integrity and impartiality of the dispute settlement procedure is preserved. Former candidates or
members of an arbitration panel shall comply with the obligations set out in points 8, 9 and 10.
Disclosure obligations
3.
Prior to the confirmation of their selection as a member of an arbitration panel under this Agreement, candidates
shall disclose to the Parties in writing any interest, relationship or matter of which they are aware that is likely to
affect their independence or impartiality, or that might reasonably create an appearance of impropriety or bias in the
proceedings before the arbitration panel.
4.
Candidates and members of an arbitration panel shall communicate matters concerning actual or potential violations
of this Code of Conduct only to the Joint Committee for consideration by the Union and the United Kingdom.
5.
Members of an arbitration panel shall at any stage of the proceedings before the arbitration panel disclose to the
Parties in writing any interests, relationships or matters of the nature referred to in point 3 of which they are or
become aware.
Due diligence of members of an arbitration panel
6.
Upon selection, members of an arbitration panel shall perform their duties thoroughly and expeditiously throughout
the course of the proceedings before the arbitration panel, and with fairness and diligence. In particular, they shall:
(a) consider only those issues that were raised in the proceedings before the arbitration panel and are necessary for a
ruling, and shall not delegate this duty to any other person;
(b) take all appropriate steps to ensure that their assistants are aware of, and comply with, points 2, 3, 4, 5, 9 and 10.
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Independence and impartiality of members of an arbitration panel
7.
Members of an arbitration panel:
(a) shall be independent and impartial, and avoid creating an appearance of impropriety or bias, and shall not be
influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to the Union or the
United Kingdom, or fear of criticism;
(b) shall not directly or indirectly incur any obligation or accept any benefit that would in any way interfere, or
appear to interfere, with the proper performance of their duties;
(c) shall not use their position as a member of an arbitration panel to advance any personal or private interests and
shall avoid actions that may create the impression that others are in a special position to influence them;
(d) shall not allow financial, business, professional, family or social relationships or responsibilities to influence their
conduct or judgement;
(e) shall avoid entering into any relationship or acquiring any financial interest that is likely to affect their
impartiality or that might reasonably create an appearance of impropriety or bias;
(f) shall not discuss any aspect of the subject matter or the conduct of the proceedings before the arbitration panel
with one or both of the Parties in the absence of the other members of the arbitration panel.
Obligations of former members of an arbitration panel
8.
All former members of an arbitration panel shall avoid actions that may create the appearance that they were biased
in carrying out their duties or derived advantage from any decision or ruling of the arbitration panel.
Confidentiality
9.
No member or former member of an arbitration panel shall at any time
(a) disclose or use any non-public information concerning any proceedings before the arbitration panel or that was
acquired during such proceedings, except for the purposes of those proceedings and in any case shall not
disclose or use any such information to gain personal advantage or advantage for others or to adversely affect
the interest of others;
(b) disclose the deliberations of the arbitration panel, or the views of any member of the panel.
10. No member of an arbitration panel shall disclose a ruling of the arbitration panel or parts thereof prior to its
publication in accordance with this Agreement.
