Report - A9-0248/2022Report
A9-0248/2022
European Parliament

REPORT  on the proposal for a regulation of the European Parliament and of the Council laying down rules for the exercise of the Union's rights in the implementation and enforcement of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part

13.10.2022 - (COM(2022)0089 – C9‑0059(2022) – 2022/0068(COD)) - ***I

Committee on Foreign Affairs
Committee on International Trade
Committee on Constitutional Affairs
Rapporteurs: Andreas Schieder, Seán Kelly, Danuta Maria Hübner


Procedure : 2022/0068(COD)
Document stages in plenary
Document selected :  
A9-0248/2022
Texts tabled :
A9-0248/2022
Debates :
Votes :
Texts adopted :

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council laying down rules for the exercise of the Union's rights in the implementation and enforcement of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part

(COM(2022)0089 – C9‑0059(2022) – 2022/0068(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0089),

– having regard to Article 294(2) and Articles 43, 91, 100, 173, 182, 188, 189 and 207  of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament,

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinions of the Committee on Internal Market and Consumer Protection, Committee on Transport and Tourism and the Committee on Fisheries,

– having regard to the report of the Committee on Foreign Affairs, the Committee on International Trade and the Committee on Constitutional Affairs (A9-0248/2022),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

 

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

 

Amendment  1

 

Proposal for a regulation

Recital 4

 

Text proposed by the Commission

Amendment

(4) The Union and the United Kingdom may conclude other bilateral agreements between them that constitute supplementing agreements to the Trade and Cooperation Agreement and such supplementing agreements are an integral part of the overall bilateral relations as governed by this Agreement and form part of the overall framework.

(4) The Union and the United Kingdom may conclude other bilateral agreements between them that constitute supplementing agreements to the Trade and Cooperation Agreement and such supplementing agreements are an integral part of the overall bilateral relations as governed by this Agreement and form part of the overall framework. In accordance with Article 774 of the Trade and Cooperation Agreement that agreement neither applies to Gibraltar nor has any effects in that territory, while the future EU-Gibraltar relations will be detailed in a separate agreement. In accordance with the statement of the European Council of 25 November 2018 that agreement will require the prior agreement of the Kingdom of Spain;

Amendment  2

 

Proposal for a regulation

Recital 5

 

Text proposed by the Commission

Amendment

(5) Should the need arise to exercise its rights in implementing and enforcing the Withdrawal Agreement and the Trade and Cooperation Agreement, the Union should be in a position to make appropriate use of the instruments available to it swiftly and in a proportionate, effective and flexible manner, while fully involving Member States. The Union should also be able to take appropriate measures if effective recourse to binding dispute settlement under those Agreements is not possible because the United Kingdom does not cooperate in making such recourse possible. It is therefore necessary to lay down rules and procedures governing the adoption of those measures.

(5) Should the need arise to exercise its rights in implementing and enforcing the Withdrawal Agreement, including the Protocol on Ireland and Northern Ireland and the Trade and Cooperation Agreement, the Union should be in a position to make appropriate use of the instruments available to it swiftly and in a proportionate, effective and flexible manner, while fully involving Member States and keeping the European Parliament immediately and fully informed. The Union should also be able to take appropriate measures if effective recourse to binding dispute settlement under those Agreements is not possible because the United Kingdom does not cooperate in making such recourse possible. It is therefore necessary to lay down rules and procedures governing the adoption of those measures.

Amendment  3

 

Proposal for a regulation

Recital 5 a (new)

 

Text proposed by the Commission

Amendment

 

(5a) To give effect to political control competences of the European Parliament laid down in Article 14(1) of the Treaty on the European Union and Article 218(10) of the Treaty on the Functioning of the European Union, the European Parliament should be fully informed in a timely manner on a par with the Council of all difficulties that may arise, in particular possible breaches of the Agreements and other situations that might result in measures being taken pursuant to this Regulation, as well as of the Commission's intention to adopt any enforcement measures under the Agreements and of the follow up to any measures taken in order to enable a meaningful exchange of views to take place including when urgent action is required. The European Parliament should have the possibility to express its opinion to the Commission, which the Commission should consider before it adopts any enforcement measures.

Amendment  4

 

Proposal for a regulation

Recital 5 b (new)

 

Text proposed by the Commission

Amendment

 

(5b) Without prejudice to the powers of the Commission laid down in this Regulation, the European Parliament and the Council should be able to exercise their right of scrutiny under Article 11 of Regulation (EU) No 182/2011.

Amendment  5

 

Proposal for a regulation

Recital 7

 

Text proposed by the Commission

Amendment

(7) In order to ensure that this Regulation remains fit for purpose, the Commission should undertake, within five years of its entry into force, a review of its scope and implementation and report its findings to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

(7) In order to ensure that this Regulation remains fit for purpose, the Commission should undertake, within three years of its entry into force, a review of its scope and implementation and report its findings to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, accompanied where appropriate by relevant legislative proposals.

Amendment  6

 

Proposal for a regulation

Recital 9

 

Text proposed by the Commission

Amendment

(9) Since the objective of this Regulation, namely to lay down rules and procedures governing the exercise of Union's rights under the Withdrawal Agreement and the Trade and Cooperation Agreement, and to empower the Commission to adopt the necessary measures including, as appropriate, restrictions in trade, investment or other activities within the scope of the latter Agreement cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. Moreover, since only the Union is Party to the TCA and the WA, action at the level of international law in respect of these agreements can only be taken by the Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

(9) Since only the Union is party to the TCA and the WA, action at the level of international law in respect of these agreements can only be taken by the Union where they concern Union exclusive competences, and thus the objective of this Regulation, namely to lay down rules and procedures governing the exercise of Union's rights under the Withdrawal Agreement and the Trade and Cooperation Agreement, and to empower the Commission to adopt the necessary measures including, as appropriate, restrictions in trade, investment or other activities within the scope of the latter Agreement cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be more effectively achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

Amendment  7

Proposal for a regulation

Article 1 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) the suspension of the relevant preferential treatment of the product or products concerned as set out in Article 34 of the Trade and Cooperation Agreement;

(a) the temporary suspension of the relevant preferential treatment of the product or products concerned as set out in Article 34 of the Trade and Cooperation Agreement;

Amendment  8

 

Proposal for a regulation

Article 2 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. The measures to be adopted pursuant to paragraph 1 shall be determined on the basis of the following criteria, in light of available information and of the Union's general interest:

2. The measures to be adopted pursuant to paragraph 1 shall be determined on the basis of their proportionality to the objectives pursued, their effectiveness in inducing compliance of the United Kingdom with the agreements referred to in Article 1(1) and shall take into account the following criteria and any specific criteria that may be established in the agreements referred to in Article 1(1) in connection with the measures referred to in Article 1(2),in light of the information available and of the Union's general interest:

Amendment  9

 

Proposal for a regulation

Article 2 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) effectiveness of the measures in inducing compliance of the United Kingdom with the agreements referred to in Article 1(1);

deleted

Amendment  10

 

Proposal for a regulation

Article 2 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) potential of the measures to provide relief to economic operators within the Union affected by the measures of the United Kingdom;

(b) potential of the measures to provide relief to economic operators and all stakeholders within the Union affected by the measures of the United Kingdom;

Amendment  11

 

Proposal for a regulation

Article 2 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e) any specific criteria that may be established in the agreements referred to in Article 1(1) in connection with the measures referred to in Article 1(2).

deleted

Amendment  12

 

Proposal for a regulation

Article 2 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. The Commission shall fully inform the European Parliament and the Council simultaneously and in a timely manner of all difficulties that may arise, in particular possible breaches of the Agreements and other situations that may give rise to measures taken pursuant to this Regulation, as well as of its intention to adopt measures referred to in paragraph 1 and of the follow up to any measures taken in order to enable a meaningful exchange of views to take place. The European Parliament may give its opinion to the Commission, which the Commission shall consider before it adopts any enforcement measures. If the Commission does not follow the position of the European Parliament, it shall explain in writing the reasons for not doing so.

Amendment  13

 

Proposal for a regulation

Article 2 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Where there is a particular concern of one or more Member States, that or those Member States may request the Commission to adopt measures referred to in Article 1(2). If the Commission does not respond positively to such a request, it shall inform the Council in a timely manner of its reasons.

4. Where there is a particular concern any Member State, or the European Parliament may request the Commission to adopt measures referred to in Article 1(2) or the European Parliament may request the Commission to review its concern and assess the need to adopt such measures. If the Commission does not respond positively to such a request, it shall inform the European Parliament and the Council in timely manner of its reasons.

Amendment  14

 

Proposal for a regulation

Article 2 – paragraph 5

 

Text proposed by the Commission

Amendment

5. If, due to persisting significant divergences, rebalancing measures referred to in Article 1(2), point (c), of this Regulation last for more than a year, one or more Member States may request the Commission to activate the review clause provided for in Article 411 of the Trade and Cooperation Agreement. The Commission shall examine this request in a timely manner and shall consider seizing as appropriate the Partnership Council of that matter, in accordance with the provisions set out in the Trade and Cooperation Agreement. If the Commission does not respond positively to such a request, it shall inform the Council in a timely manner of its reasons.

5. If, due to persisting significant divergences, rebalancing measures referred to in Article 1(2),point (c), of this Regulation last for more than a year, one or more Member States may request the Commission to activate the review clause provided for in Article 411 of the Trade and Cooperation Agreement, or the European Parliament may express its concern and request the Commission to review its concern and assess the need to activate the review clause. The Commission shall examine this request in a timely manner and shall consider seizing as appropriate the Partnership Council of that matter, in accordance with the provisions set out in the Trade and Cooperation Agreement. If the Commission does not respond positively to such a request, it shall inform the European Parliament and the Council in a timely manner of its reasons.

Amendment  15

 

Proposal for a regulation

Article 3 – paragraph 1

 

Text proposed by the Commission

Amendment

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

1. The Commission shall be assisted by the UK Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. In accordance with the provisions of Regulation (EU) No 182/2011 the European Parliament and the Council will be regularly and promptly informed on committee proceedings.

Amendment  16

 

Proposal for a regulation

Article 3 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. The European Parliament and the Council may at any time exercise their right of scrutiny in accordance with Article 11 of Regulation (EU) No 182/2011.

Amendment  17

 

Proposal for a regulation

Article 4 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. When the Commission submits its annual reports to the European Parliament and to the Council on the implementation and application of the Trade and Cooperation Agreement and the Withdrawal agreement, it shall also include an overview of the complaints received regarding the Trade and Cooperation Agreement as well as their follow up, and of measures adopted under Article 2.

Amendment  18

 

Proposal for a regulation

Article 4 – paragraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

1b. The European Parliament may, within two months of submission of the Commission's report, invite the Commission to a meeting of its committee responsible to present and explain any issues related to the implementation of this Regulation.

Amendment  19

 

Proposal for a regulation

Article 5 – paragraph 1

 

Text proposed by the Commission

Amendment

By [Publications Office: Please insert the date five years after the entry into force of this Regulation], the Commission shall present a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation.

By [Publications Office: Please insert the date three years after the entry into force of this Regulation], the Commission shall present a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation, accompanied where appropriate by relevant legislative proposals.


EXPLANATORY STATEMENT

The Commission proposal

The Commission proposal under consideration (COM(2022)0089) is intended at empowering the Commission to adopt, amend, suspend or repeal, as appropriate, by means of implementing acts, a number of measures provided for in both the Withdrawal Agreement (WA)[1] and the Trade and Cooperation Agreement (TCA)[2] between the European Union and the United Kingdom.

The measures covered by the proposal include, among others, those in view of inducing compliance by the other Party with a ruling delivered by an arbitration tribunal or panel, compensatory measures, remedial measures, rebalancing measures, countermeasures, safeguard measures, or the suspension of obligations under the Trade and Cooperation Agreement or any supplementing agreement in case of breach of certain provisions of such agreements or non-fulfilment of certain conditions. Such measures are intended at being applied temporarily until full compliance with the Agreements is achieved.

Such measures will be adopted in accordance with 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[3], on the basis of the examination procedure, as provided for in Article 5 of that Regulation.

The Commission proposal further lists the criteria for the adoption of the relevant implementing acts, including, and in addition to the specific criteria that may be established in the WA or the TCA, the effectiveness of the measures in inducing compliance of the United Kingdom with the Agreements, and the availability of alternative sources of supply for the goods or services concerned, in order to avoid or minimise any negative impact on downstream industries, contracting authorities or entities, or final consumers within the Union.

 

Position of the Rapporteurs

Proposal appropriateness and timeliness

 

The Commission´s proposal was expected as regards the measures provided for in the Trade and Cooperation Agreement, and as resulting from Article 3(1) of Council Decision (EU) 2021/689[4] of 29 April 2021. The extension of the same procedure to all enforcement measures including those in the framework of the Withdrawal Agreement should be welcome, as it ensures a uniform procedure for all enforcement measures in the context of the EU-UK relationship as a whole. Moreover, making use of implementing acts in the sense of Regulation (EU) No 182/2011 in this context is appropriate and will ensure the adequate involvement of Member States, as well as of the European Parliament and the Council, thus providing certainty and transparency.

 

The Commission proposal is also timely in the current juncture and following the developments occurred in the relationship between the EU and the UK following the entering into force of the Agreements, and in particular in the context of the talks between the EU and the UK on the implementation of the Protocol on Ireland/Northern Ireland.

 

The compliance with the Agreements that the parties have negotiated, signed and ratified is essential in order to ensure full respect for legally binding international obligations, and to safeguard not only mutual trust between the parties, but also certainty for both parties’ citizens and businesses.

 

Monitoring role of the European Parliament

 

As consistently reiterated by Parliament, it is essential to ensure Parliament’s scrutiny and the democratic oversight of the implementation of the Agreements with the UK. Parliament should be able to fully play its role in the monitoring and implementation of the Agreements that form part of a special and unprecedented relationship between the EU and a neighbour country, which was a former Member State.

 

In the context of the Commission proposal in question, Parliament should always be kept timely and duly informed, on an equal footing with the Council, of the instruments available for addressing breaches of the Withdrawal Agreement and of the Trade and Cooperation Agreement; of the situations that may give rise to the enforcement measures provided for in those agreements; of the intention to adopt enforcement measures under the Withdrawal Agreement or the Trade and Cooperation Agreement, and of the follow-up to any measures taken, with a view to allowing a meaningful exchange of views.

 

The Commission should take the utmost account of the views expressed by Parliament.

 

 


 

LETTER OF THE COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION (27.9.2022)

Mr David McALLISTER

Chair

Committee on Foreign Affairs

BRUSSELS

 

Mr Bernd LANGE

Chair

Committee on International Trade

BRUSSELS

 

Mr Antonio TAJANI

Chair

Committee on Constitutional Affairs

BRUSSELS

Subject: Opinion on Union's rights in enforcing and implementing the UK Withdrawal Agreement (WA) and the EU-UK Trade and Cooperation Agreement (TCA) (2022/0068(COD))

Dear Chairs,

In line with the agreement reached on 3 June 2022 (joint letter D306125) on the modalities of cooperation between our committees on the legislative proposal for a Regulation laying down rules for the exercise of the Union’s rights in the implementation and enforcement of the UK WA and of the EU-UK TCA (COM(2022)0089), the Committee on the Internal Market and Consumer Protection (IMCO) considered the proposal and adopted its opinion in the form of a letter with the below amendments and considerations at its meeting of 12 September 2022.

IMCO 1

Recital 7

(7) In order to ensure that this Regulation remains fit for purpose, the Commission should undertake, within five years of its entry into force or two years after the adoption of the first implementing act under this Regulation if this is the earlier moment of time, a review of its scope and implementation and report its findings to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

IMCO 2

Recital 8

(8)  In order to ensure uniform conditions for the implementation of this Regulation, and in particular in order to ensure the swift, effective and flexible exercise of the corresponding Union’s rights under the Withdrawal Agreement and the Trade and Cooperation Agreement, implementing powers should be conferred on the Commission to adopt the measures referred to above ▌and to adopt, as appropriate, measures restricting trade or other activities. Those powers should also extend to the amendment, suspension or repeal of the adopted measures. They should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council24. Given that the envisaged measures entail the adoption of acts of general scope, and that most of the envisaged measures relate to the areas referred to in Article 2(2), point (b), of that Regulation, the examination procedure should be used for the adoption of those measures. The Commission should adopt immediately applicable implementing acts where, in duly justified cases, imperative grounds of urgency so require for the appropriate protection of the Union’s interests.

IMCO 3

Article 2 - paragraph 3a new

3a. The Commission shall immediately and fully inform the European Parliament and the Council of any situations that may give rise to adopting measures referred to in Article 1(2) of this Regulation.

IMCO 4

Article 2 - paragraph 3b new

 

3b. Upon receipt of a complaint, the Commission shall consider all complaints and may initiate investigations with a view to adopt the measures referred to in Article 1(2) of this Regulation. Complaints may be submitted by any natural or legal person, any association not having legal personality, acting on behalf of the Union industry, or trade unions. A complaint shall include evidence of the conditions necessary to allow the Union to adopt measures referred to in Article 1(2) of this Regulation. Where it is apparent that there is sufficient evidence to justify the adoption of measures referred to in Article 1(2) of this Regulation, the Commission shall do so within 45 days of the date on which the complaint was lodged. Where the Commission comes to the conclusion not to adopt a measure referred to in Article 1(2) of this Regulation, it shall state its reasons in writing to the complainant. Without prejudice to paragraph 3a new, the Commission must inform the European Parliament and the Council in its annual report on the implementation and application of the Trade and Cooperation Agreement about the complaints received and their follow-up.

IMCO 5

Article 2 - paragraph 4

4. Where there is a particular concern of the Parliament or of one or more Member States, the Parliament or, in its case that or those Member States, may request the Commission to adopt measures referred to in Article 1(2). If the Commission does not respond positively to such a request, it shall inform both Parliament and the Council in a timely manner of its reasons.

IMCO 6

Article 2 - paragraph 7

 

7. On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 3(3). The Commission shall inform the European Parliament without delay about the decision and its justification.

IMCO 7

Article 5

 

No later than two years after the adoption of the first implementing act under this Regulation or, where no implementing act has been adopted under this Regulation, five years after the entry into force of this Regulation and every five years thereafter, the Commission shall present a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation accompanied where appropriate by relevant legislative proposals.

In addition to the amendments set out above, on behalf of the Committee, I would like to stress the following:

The Internal Market is one of the main achievements of the Union, and that it has enhanced the economic development of the society, and created an environment where economic operators may thrive, and where the citizens have better employment perspectives and stronger protection as consumers. The economic partnership between the EU and the UK should be oriented at generating opportunities that will be mutually beneficial, ensure legal certainty for businesses and protection for consumers, and by no means allow for any regression in the integrity and the functioning of the Single Market and of the Customs Union.

The Protocol on Ireland and Northern Ireland is an integral part of the Withdrawal Agreement, which allows Northern Ireland businesses to remain part of the United Kingdom internal market, while also having full access to the European Union Single Market for goods. This unique situation creates unparalleled opportunities for citizens and companies in Northern Ireland and by preventing a hard border on the island of Ireland, represents an important safeguard for the Good Friday Agreement.

Moreover, an increased participation of companies based in Northern Ireland to trade with the rest of the EU Internal Market is observed. This development is a consequence of the fruitful realisation of the opportunities offered by its inclusion in the EU’s single market for goods. Therefore, the full implementation of the Northern Ireland Protocol is necessary to guarantee continuous access to the Single Market.

The UK needs to fully comply with the international obligations that it voluntarily entered into in the area of Customs policy, in particular by a) providing EU customs officers s with real-time access to customs databases on imports into Northern Ireland, b) eliminating  the detected shortcomings in its Trusted Trader scheme, c) establishing the necessary controls on goods exported from Great Britain to Northern Ireland that would be at risk to enter the EU’s single market, and d) erecting the necessary border control posts.

Discussions through the existing channels as created by the Withdrawal Agreement and the EU-UK Trade and Cooperation Agreement are the only path to find suitable ways to adjust possible areas of friction in the application of the customs arrangements, and unilateral initiatives taken by the UK have only created uncertainty. The possibility to discuss separate lanes for customs controls for goods at risk and goods not at risk of entering the Single Market as suggested by the Commission is welcomed, but such solutions should only be progressed through genuine negotiation between both sides as opposed to unilateral initiatives.

Breaches of the Withdrawal Agreement, and especially of the Protocol on Ireland and Northern Ireland, can have significant negative impacts on the Good Friday Agreement, the integrity of the EU Internal Market, on the protection of European consumers, workers and on businesses.

The Commission should act in a timely and effective manner to protect its interests in implementing and enforcing the Withdrawal Agreement and the Trade and the Cooperation Agreement, while taking into account the Good Friday Agreement and the impact of measures adopted for this purpose on legal certainty for downstream industries, contracting authorities or entities or final consumers within the Union.

***

 

I am confident that your committees will duly take into consideration and vote on the above IMCO amendments. As agreed, you will also ensure that the principle already included in the Commission proposal to avoid or minimise any negative impact on downstream industries, contracting authorities or entities, or final consumers within the Union will not be removed in your final report and, should the Council seek to amend it, you will consult the IMCO Committee.

 

Yours sincerely,

Anna Cavazzini

Chairwoman

Members participating in the final vote

Anna Cavazzini

Chair

Andrus Ansip

Vice-Chair

Maria Grapini

Vice-Chair

Krzysztof Hetman

Vice-Chair

Marc Angel

 

Pablo Arias Echeverría

 

Alessandra Basso

 

Brando Benifei

 

Adam Bielan

 

Biljana Borzan

 

Vlad‑Marius Botoş

 

Marco Campomenosi

 

Maria da Graça Carvalho

 

Deirdre Clune

 

David Cormand

 

Alexandra Geese

 

Sandro Gozi

 

Virginie Joron

 

Eugen Jurzyca

 

Arba Kokalari

 

Marcel Kolaja

 

Moritz Körner

 

Andrey Kovatchev

 

Jean‑Lin Lacapelle

 

Morten Løkkegaard

 

Adriana Maldonado López

 

Antonius Manders

 

Beata Mazurek

 

Anne‑Sophie Pelletier

 

Miroslav Radačovský

 

René Repasi

 

Antonio Maria Rinaldi

 

Massimiliano Salini

 

Christel Schaldemose

 

Tomislav Sokol

 

Ivan Štefanec

 

Marc Tarabella

 

Kim Van Sparrentak

 

Loránt Vincze

 

Marion Walsmann

 

Kosma Złotowski

 

Carlos Zorrinho

 

Marco Zullo

 

 


 

LETTER OF THE COMMITTEE ON TRANSPORT AND TOURISM (03.10.2022)

David McAllister

Chair

Committee on Foreign Affairs

BRUSSELS

Bernd Lange

Chair

Committee on International Trade

BRUSSELS

 

Antonio Tajani

Chair

Committee on Constitutional Affairs

BRUSSELS

Subject: Opinion to INTA, AFET and AFCO on the Regulation of the European Parliament and of the Council laying down rules for the exercise of the Union's rights in the implementation and enforcement of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (COM(2022)0089 – C9 0059/2022 – 2022/0068(COD)

Dear Chairs,

Under the procedure referred to above, the Committee on Transport and Tourism decided to request the application of Rule 56(1) in order to submit an opinion to the Committee on Foreign Affairs, the Committee on International Trade and the Committee on Constitutional Affairs in form of this letter.

 

 

 

The Committee on Transport and Tourism considered the matter and adopted its opinion on 3 October 2022[5] and calls on the lead Committees to take the considerations here below into account.

Yours sincerely,

 

 

 

 

 

((signed)) [Karima Delli]   [Peter Vitanov]

 

 

 

 

SUGGESTIONS

A. Whereas the Trade and Cooperation Agreement provides continued and unhindered connectivity for air, road and maritime transport and ensures fair competition between EU and UK transport operators;

B. Whereas the Trade and Cooperation Agreement established reciprocal market access and common rules and standards, ensuring a high level of transport safety and passengers’ rights;

C.  Whereas three Specialised Committees in the field of transport - air transport, aviation safety and road transport  - were established by the Trade and Cooperation Agreement to monitor and review the implementation of the Agreement;

1. Underlines that the EU must remain vigilant about the fact that the UK has not committed itself to the dynamic alignment of its rules on several policy areas, among which some are of importance for the road and air transport sectors; points out that this means that future developments of the legislation and standards in the EU will not automatically lead to the alignment of the corresponding UK rules and standards; calls, therefore, for structured benchmarking and cooperation when revising Union legislative acts, with a view to maintaining fair competition between the parties, mutually strengthening global competitiveness, keeping administrative burdens to a minimum, and ensuring a seamless functioning of cross-border transport;

2. Underlines the Union’s and the UK’s strong interdependence, especially within the field of transport; reiterates, therefore, the Union’s unwavering will to uphold the common rules and standards established with the UK by the Agreement;

3.  Highlights the importance of the proper implementation of the Agreement; welcomes in this regard the ongoing work of the Specialised Committees for air transport, aviation safety and road transport  to monitor and review the implementation of the Agreement; stresses that Parliament should exercise the highest level of scrutiny in respect of the implementation of the Agreement through its active and continuous participation in the Parliamentary Partnership Assembly established by the Agreement;

4. Urges the Commission to stand ready to make full use of the binding dispute resolution mechanisms and to take remedial measures provided for the Trade and Cooperation Agreement in the event of non-compliance by the UK; notes that the Union should be able to take appropriate and timely measures if effective recourse to binding resolution mechanism would not be possible due to lack of cooperation by the UK; Stresses, however, that such measures should only be implemented once all attempts to find constructive dialogue and joint understanding have been exhausted;

4.  Welcomes in this regard the aim of the Commission proposal to, as a matter of precaution, lay down rules to ensure that the Union can act in a timely and effective manner to protect its interest in implementing both the Withdrawal Agreement and the Trade and Cooperation Agreement; recognises the need to empower the Commission to implement, in case of non-compliance with the Agreement, remedial, rebalancing and safeguard measures in the field of transport considered in the scope of the proposal and provided for in Article 1(2) d, e, f;  calls on the lead Committees to adopt these provisions at first reading, taking over the Commission proposal;

5. Calls on the Commission to act in a proportionate, effective and flexible manner should the need arise to exercise these rights; calls on the lead Committees to consider a proper reporting mechanism to the European Parliament for what concerns the implementation of the proposed regulation;


 

LETTER OF THE COMMITTEE ON FISHERIES (12.9.2022)

Mr David McALLISTER

Chair

Committee on Foreign Affairs

BRUSSELS

 

Mr Bernd LANGE

Chair

Committee on International Trade

BRUSSELS

 

Mr Antonio TAJANI

Chair

Committee on Constitutional Affairs

BRUSSELS

Subject: Opinion on the proposal for a regulation of the European Parliament and of the Council laying down rules for the exercise of the Union's rights in the implementation and enforcement of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part.(2022/0068(COD))

 

 

 

Under the procedure referred to in subject, Committee on Fisheries has been invited to submit an opinion to your committees. Considering the proposal at stake, it was decided to provide this opinion in the form of a letter (Rule 56(1) second subparagraph).

The undersigned, Mr François Xavier Bellamy (the PECH standing rapporteur for post-Brexit matters) and I drafted this opinion. It was adopted unanimously by the coordinators in their meeting of 1.9.2022, and subsequently endorsed by written procedure without any comments by the Members of the Committee on Fisheries.

On behalf of the Committee on Fisheries, please find attached hereto its opinion on the on the proposal for rules for the exercise of the Union's rights in the implementation and enforcement of the UK withdrawal Agreement  and the EU/UK Trade and Cooperation Agreement.

 

 

Yours sincerely,

 

 

Pierre Karleskind

 

François‑Xavier Bellamy

 


SUGGESTIONS

- having regard to the recommendation of the European Parliament of 27 April 2021 on the conclusion of the trade and cooperation agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain Brittany and Northern Ireland (hereinafter 'the Trade and Cooperation Agreement'), and in particular the opinion of the Committee on Fisheries in this respect (P9 TA(2021)0140),

- having regard to Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement[6],

A. Considering that the Trade and Cooperation Agreement contains a number of provisions designed to protect the interests of the Union in the event of insufficient implementation or non-compliance by the United Kingdom with its obligations under this agreement; Considering that in the area of fisheries, it is in particular possible for the Union to take compensatory, remedial, safeguard or rebalancing measures, as well as suspension measures of some of its obligations under Articles 501, 506 and 773 of the Trade and Cooperation Agreement (hereinafter the ‘measures for the defense of the interests of the Union’);

B. Considering that Council Decision (EU) 2021/689 of 29 April 2021 provides temporarily, in its Article 3, that such measures for the defense of the interests of the Union may be taken by the Commission, and this until a specific legislative act regulating the adoption of the measures enters into force;

C. Considering that the implementation of the Trade and Cooperation Agreement regarding fisheries has so far not been smooth nor optimal; Considering that the Union has encountered significant problems in particular with regard to the access to waters and the granting of fishing licenses, or to additional restrictions from fisheries technical measures adopted unilaterally by the United Kingdom without prior consultation;

D. Whereas Article 510 of the Trade and Cooperation Agreement provides for a review of the agreement, which should be carried out four years after the end of the adjustment period ending on 30 June 2026;

E. Considering that in its resolution of 5 April 2022 on the future of fisheries in the Channel, North Sea, Irish Sea and Atlantic Ocean in the light of the UK’s withdrawal from the EU (P9 TA(2022)0103), the European Parliament reiterates many concerns about the implementation of the Trade and Cooperation Agreement; Considering that the European Parliament also stresses therein that, in order to guarantee the full implementation of the Trade and Cooperation Agreement, all legal instruments should be employed, including those relating to market access, as well as all countervailing and response measures and dispute settlement mechanisms provided for by the Trade and Cooperation Agreement;

The Committee on Fisheries :

1. Reiterates its concerns for a rapid, scrupulous, full and complete implementation in good faith of the Trade and Cooperation Agreement, in particular with regard to fisheries; Calls for the use of all the means available to the Union to do this and not to hesitate to take measures to defend its interests if this implementation is lacking, in the short term as well as after the adjustment period;

2. Welcomes the Commission's proposal which paves the way for the legislators to set the framework for the adoption of measures to defend the interests of the Union, and the exercise of its rights to implement and enforce the Withdrawal Agreement and the Trade and Cooperation Agreement or any supplementary agreement; Supports to this end the establishment of an institutional framework that allows for rapid, effective and proportionate measures to be taken, in compliance with the Treaties;

3. Recalls that with regard to fisheries in particular, the Trade and Cooperation Agreement provides for the possibility of certain protective measures to defend the interests of the Union without prior recourse to a dispute settlement procedure; Welcomes that the Commission’s proposal to define the framework for the adoption of measures to defend the interests of the Union covers fisheries in the same way as other sectoral interests, and according to similar institutional procedures; Invites the Committee on Foreign Affairs, the Committee on International Trade and the Committee on Constitutional Affairs to maintain within the scope of the proposed regulation all the relevant references to fisheries matters, in particular those made under Articles 501, 506 and 773 of the Trade and Cooperation Agreement, without any exceptions - and to reject, during inter-institutional negotiations, any possible proposal for exemptions regarding fisheries;

4. Notes in particular that Article 2(4) of the proposed regulation provides that the Commission must inform the Council of its reasons, should the Commission decide not to respond favourably to a request from one or more Member States to take measures to defend the interests of the union. Invites the Committee on Foreign Affairs, the Committee on International Trade and the Committee on Constitutional Affairs to modify this provision so that the European Parliament is put on an equal footing with the Council in this respect, and that Parliament is informed as soon as possible of the presentation of a request of one or more Member States as well as the follow-up given, even more so if such a request responds to insufficient implementation of the Trade and Cooperation Agreement regarding fisheries;

5. Recalls the emblematic dimension of fisheries in the debates related to the withdrawal of the United Kingdom from the Union. Emphasises the importance attached by the European Parliament to the monitoring of EU-UK relations and the need for proper and good faith implementation of the Trade and Cooperation Agreement in this area; Recalls the authority of the European Parliament to directly request the Commission to take measures to defend the interests of the Union in the face of specific concerns, in particular in the area of fisheries;  Lastly, emphasizes the importance attached by the Committee on Fisheries that the Commission and the Council start working from now on to prepare for the end of the adjustment period, in order to achieve a stable and satisfactory situation for the fisheries sector after 30 June 2026.

 


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Laying down rules for the exercise of the Union’s rights in the implementation and enforcement of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part

References

COM(2022)0089 – C9-0059/2022 – 2022/0068(COD)

Date submitted to Parliament

11.3.2022

 

 

 

Committees responsible

 Date announced in plenary

AFET

23.3.2022

INTA

23.3.2022

AFCO

23.3.2022

 

Committees asked for opinions

 Date announced in plenary

ITRE

23.3.2022

IMCO

23.3.2022

TRAN

23.3.2022

AGRI

23.3.2022

 

PECH

23.3.2022

JURI

23.3.2022

 

 

Not delivering opinions

 Date of decision

ITRE

22.3.2022

AGRI

20.4.2022

JURI

13.6.2022

 

Rapporteurs

 Date appointed

Andreas Schieder

22.3.2022

Seán Kelly

22.3.2022

Danuta Maria Hübner

22.3.2022

 

Rule 58 – Joint committee procedure

 Date announced in plenary

 

7.7.2022

Discussed in committee

13.7.2022

31.8.2022

 

 

Date adopted

10.10.2022

 

 

 

Result of final vote

+:

–:

0:

75

0

6

Members present for the final vote

Alexander Alexandrov Yordanov, Barry Andrews, Gerolf Annemans, Maria Arena, Anna-Michelle Asimakopoulou, Petras Auštrevičius, Traian Băsescu, Gabriele Bischoff, Geert Bourgeois, Udo Bullmann, Reinhard Bütikofer, Jordi Cañas, Katalin Cseh, Arnaud Danjean, Paolo De Castro, Gwendoline Delbos-Corfield, Salvatore De Meo, Pascal Durand, Raphaël Glucksmann, Christophe Hansen, Danuta Maria Hübner, Herve Juvin, Karin Karlsbro, Dietmar Köster, Bernd Lange, Miriam Lexmann, Nathalie Loiseau, Thierry Mariani, Gabriel Mato, Francisco José Millán Mon, Javier Nart, Gheorghe-Vlad Nistor, Tonino Picula, Giuliano Pisapia, Carles Puigdemont i Casamajó, Samira Rafaela, Thijs Reuten, Catharina Rinzema, Massimiliano Salini, Andreas Schieder, Helmut Scholz, Pedro Silva Pereira, Jordi Solé, Sergei Stanishev, Dragoş Tudorache, Mihai Tudose, Marie-Pierre Vedrenne, Viola von Cramon-Taubadel, Jörgen Warborn, Charlie Weimers, Rainer Wieland, Isabel Wiseler-Lima, Jan Zahradil, Bernhard Zimniok

Substitutes present for the final vote

Mazaly Aguilar, Attila Ara-Kovács, Gunnar Beck, Markus Buchheit, Marco Campomenosi, Dacian Cioloş, Jérémy Decerle, Loucas Fourlas, Robert Hajšel, Pierrette Herzberger-Fofana, Rasa Juknevičienė, Liudas Mažylis, Alin Mituța, Alessandra Moretti, Juozas Olekas, Manuela Ripa, Christian Sagartz

Substitutes under Rule 209(7) present for the final vote

Susanna Ceccardi, Rosanna Conte, Mónica Silvana González, Marian-Jean Marinescu, Tilly Metz, Caroline Roose, Christine Schneider, Nils Ušakovs, Lucia Vuolo, Lara Wolters

Date tabled

13.10.2022

 


 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

75

+

ECR

Geert Bourgeois, Charlie Weimers, Jan Zahradil

ID

Gerolf Annemans, Marco Campomenosi, Susanna Ceccardi, Rosanna Conte, Herve Juvin, Thierry Mariani

NI

Carles Puigdemont i Casamajó

PPE

Alexander Alexandrov Yordanov, Anna-Michelle Asimakopoulou, Traian Băsescu, Arnaud Danjean, Salvatore De Meo, Loucas Fourlas, Christophe Hansen, Danuta Maria Hübner, Rasa Juknevičienė, Miriam Lexmann, Marian-Jean Marinescu, Gabriel Mato, Liudas Mažylis, Francisco José Millán Mon, Gheorghe-Vlad Nistor, Christian Sagartz, Massimiliano Salini, Christine Schneider, Lucia Vuolo, Jörgen Warborn, Rainer Wieland, Isabel Wiseler-Lima

RENEW

Barry Andrews, Petras Auštrevičius, Jordi Cañas, Dacian Cioloş, Katalin Cseh, Jérémy Decerle, Pascal Durand, Nathalie Loiseau, Alin Mituța, Javier Nart, Samira Rafaela, Dragoş Tudorache, Marie-Pierre Vedrenne

S&D

Attila Ara-Kovács, Maria Arena, Gabriele Bischoff, Udo Bullmann, Paolo De Castro, Raphaël Glucksmann, Mónica Silvana González, Robert Hajšel, Dietmar Köster, Bernd Lange, Alessandra Moretti, Juozas Olekas, Tonino Picula, Giuliano Pisapia, Thijs Reuten, Andreas Schieder, Pedro Silva Pereira, Sergei Stanishev, Mihai Tudose, Nils Ušakovs, Lara Wolters

THE LEFT

Helmut Scholz

VERTS/ALE

Reinhard Bütikofer, Gwendoline Delbos-Corfield, Pierrette Herzberger-Fofana, Tilly Metz, Manuela Ripa, Caroline Roose, Jordi Solé, Viola von Cramon-Taubadel

 

0

-

 

 

 

6

0

ECR

Mazaly Aguilar

ID

Gunnar Beck, Markus Buchheit, Bernhard Zimniok

RENEW

Karin Karlsbro, Catharina Rinzema

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

Last updated: 13 October 2022
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