Regulation (EU) 2023/657 laying down rules for the exercise of the EU’s rights in the implementation and enforcement of the EU-UK Withdrawal Agreement and of the Trade and Cooperation Agreement

Summary:

Regulation (EU) 2023/657 - signed by the co-legislators on 15 March 2023 - setting out rules for the exercise of the European Union's (EU) rights in the implementation and enforcement of the Agreement on the withdrawal of the United Kingdom (UK) from the EU and the EAEC and of the Trade and Cooperation Agreement (TCA) between the EU-EAEC and the UK. It is also known as the Regulation on Autonomous Measures.

Further information:

Both the Withdrawal Agreement (WA) and the Trade and Cooperation Agreement (TCA) allow a Party to adopt and apply certain measures in order to induce compliance by the other Party with a ruling delivered by an arbitration tribunal or panel. Such measures are temporary remedies applied until full compliance is achieved. The TCA also provides for compensatory measures, which are authorised by an arbitration tribunal at the request of a Party, if the other Party has been found to have applied remedial measures that are significantly inconsistent with the applicable provisions. A number of measures can also be taken without having to first resort to the relevant dispute settlement mechanism.

The EU is authorised under the TCA to suspend or terminate the application of Protocol I, in relation to one or more EU programmes, activities in case the UK fails to pay its financial contribution or introduces significant changes to certain initial conditions. Compliance measures also apply to any supplementing agreements to the TCA concluded by the two sides.

This Regulation allows the EU to take measures even if effective recourse to binding dispute settlement under the Agreements is not possible because the UK does not cooperate in making such recourse possible. It was tabled the European Commission on 11 March 2022.

The Council of the European Union adopted its general approach on the 3 June. The plenary of the European Parliament endorsed a negotiating position in October. An informal agreement between the co-legislators on a compromise text for this file was reached on 30 November. This was formally endorsed by Parliament on 14 February 2023 and by the Council on 7 March. The Act was signed by the co-legislators on 15 March 2023 and published in the Official Journal on 22 March 2023.

Official

EUR-LEX: COM(2022)89: Proposal for a Regulation laying down rules for the exercise of the EU's rights in the implementation and enforcement of the EU-UK Withdrawal Agreement and of the Trade and Cooperation Agreement https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2022:89:FIN

European Commission: Relations with the United Kingdom https://ec.europa.eu/info/strategy/relations-non-eu-countries/relations-united-kingdom_en

European Commission: DG Trade: EU trade relationships: United Kingdom https://policy.trade.ec.europa.eu/eu-trade-relationships-country-and-region/countries-and-regions/united-kingdom_en

European Parliament: Legislative Observatory: Procedure File for Proposal on Union's rights in enforcing and implementing the UK Withdrawal Agreement and the EU-UK Trade and Cooperation Agreement (2022/0068(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2022/0068(COD)

European Parliament: Legislative Train Schedule: Rules for the adoption of enforcement and unilateral measures under the Trade and Cooperation Agreement and the Withdrawal Agreement between the EU and the UK https://www.europarl.europa.eu/legislative-train/theme-a-stronger-europe-in-the-world/file-enforcement-and-unilateral-measures-under-the-eu-uk-tca-and-withdrawal-agreement

Council of the European Union: Press Release, 30/11/2022: EU-UK relations: Council Presidency and European Parliament reach provisional agreement on a regulation on autonomous measures https://www.consilium.europa.eu/en/press/press-releases/2022/11/30/eu-uk-relations-council-presidency-and-european-parliament-reach-provisional-agreement-on-a-regulation-on-autonomous-measures/

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Commentary and Analysis

EPRS: Briefing, July 2022: Rules for exercising the Union's rights in implementing and enforcing EU UK agreements https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2022)733595

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