Union's rights in enforcing and implementing the UK Withdrawal Agreement and the EU-UK Trade and Cooperation Agreement

2022/0068(COD)

The European Parliament adopted by 555 votes to 13, with 81 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council laying down rules on the exercise of Union rights to implement and enforce the UK Withdrawal Agreement and the EU/UK Trade and Cooperation Agreement.

The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:

Subject matter and Purpose and scope

The proposed Regulation aims to establish general principles and uniform conditions for the exercise of the Union's rights to implement and enforce the Withdrawal Agreement and the Trade and Cooperation Agreement or any complementary agreement. It also aims to empower the Commission to adopt the necessary measures, including, where appropriate, restrictions on trade, investment or other activities falling within the scope of the Trade and Cooperation Agreement.

The Union's rights may be exercised by means of temporary suspension of preferential treatment for the product(s) concerned, remedial measures, rebalancing measures, compensatory measures under the Trade and Cooperation Agreement, safeguard measures, measures restricting trade, investment or other activities falling within the scope of the Trade and Cooperation Agreement and remedial measures in accordance with Article 13 of the Protocol on Ireland and Northern Ireland to the Withdrawal Agreement.

The Commission should be empowered, by means of implementing acts, to adopt the measures adopted by the Union, with the exception of the suspension, in whole or in part, of access to Union waters under the Trade and Cooperation Agreement by vessels of the United Kingdom for fisheries.

Measures adopted pursuant to this Regulation should be proportionate to the objectives pursued and effective in inducing compliance of the United Kingdom with the Agreements.

Information

The Council should be informed at regular and constant intervals of the implementation of the withdrawal agreement and the trade and cooperation agreement. The European Parliament should be kept immediately and fully informed, in accordance with the Treaties, to allow it to exercise its institutional prerogatives.

The Commission should be assisted by the UK Committee. The European Parliament and the Council should be regularly and promptly informed on committee proceedings. 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.

Annual reports

When the Commission submits its annual reports to the European Parliament and the Council on the implementation and application of the Trade and Cooperation Agreement, it should also include an overview of any complaints received concerning the Trade and Cooperation Agreement, as well as the follow-up to those complaints and the measures adopted under the Regulation.

The Commission should present a report on the implementation of the Regulation accompanied, where appropriate, by relevant legislative proposals.