Draft DECISION OF THE JOINT CONSULTATIVE WORKING GROUP ESTABLISHED BY THE AGREEMENT ON THE WITHDRAWAL OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FROM THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY amending its rules of procedure

Council of the European Union Brussels, 16 March 2023 (OR. en)

7098/23

Interinstitutional File: ADD 1

2023/0065(NLE) i

UK 31

LEGISLATIVE ACTS AND OTHER INSTRUMENTS

Subject: Draft DECISION OF THE JOINT CONSULTATIVE WORKING GROUP ESTABLISHED BY THE AGREEMENT ON THE WITHDRAWAL OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FROM THE EUROPEAN UNION AND THE EUROPEAN ATOMIC

ENERGY COMMUNITY amending its rules of procedure

DRAFT

DECISION No …/2023

OF THE JOINT CONSULTATIVE WORKING GROUP ESTABLISHED BY THE AGREEMENT

ON THE WITHDRAWAL OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FROM THE EUROPEAN UNION

AND THE EUROPEAN ATOMIC ENERGY COMMUNITY

of …

amending its rules of procedure

THE JOINT CONSULTATIVE WORKING GROUP,

Having regard to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community 1

(‘the Withdrawal Agreement’), and in particular Article 15(6) of the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement (‘the Protocol’),

1 OJ L 29, 31.1.2020, p.7.

Whereas:

• (1) 

  Pursuant to Article 15(6) of the Protocol, the Joint Consultative Working Group

(‘the working group’) is to adopt its own rules of procedure by mutual consent. The

working group adopted its rules of procedure at its first meeting on 29 January 2021.

• (2) 

  Since its first meeting, the Union and the United Kingdom have developed the operation of the working group and identified practices that would improve the manner in which the

  working group carries out its tasks as defined in Article 15 of the Protocol.

• (3) 

  In particular, these improvements would better ensure that the United Kingdom is able to discuss its views in the working group on Union acts within the scope of the Protocol,

  including on the basis of input provided by stakeholders in Northern Ireland, so they can be

  considered before such Union acts are adopted,

HAS ADOPTED THIS DECISION:

Article 1

The Rules of Procedure of the Joint Consultative Working Group shall be amended as set out in the Annex to this Decision.

Article 2

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

Done at …,

For the Joint Consultative Working Group The Co-chairs

ANNEX

Rule 3 of the Rules of Procedure of the Joint Consultative Working Group (Participation in meetings) is amended as follows:

• (1) 

  the title is replaced by the following: ‘Participation in meetings and structured sub-groups’;

• (2) 

  the following points 3, 4 and 5 are added:

  ‘3. Where appropriate, the working group shall be supported by structured sub-groups, composed of officials of the European Commission and of the Government of the

  United Kingdom, which will assist the working group in carrying out its functions as an effective forum for the exchange of information and mutual consultation.

  • 4. 

    Meetings in the structured sub-groups shall be held, as necessary, to ensure that the United Kingdom’s views on planned Union acts for which information exchange

    shall take place under Article 15(3) of the Protocol are considered by the Union in a timely manner.

  • 5. 

    All rules provided in these Rules of Procedure as regards meetings shall apply mutatis mutandis to the meetings of the structured sub-groups.’.