Brexit: European Commission Proposal for a Council Decision (COM (2020) 636)

The European Commission has adopted a proposal for a Council Decision (COM (2020) 636) on the position to be adopted by the EU in the joint consultative working group (JCWG) on the implementation of the Northern Ireland protocol regarding the JCWG’s decision to adopt its rules of procedure.

The JCWG was established on exit day under Article 15(1) of the Northern Ireland Protocol to the UK-EU withdrawal agreement to serve as a forum for the exchange of information and mutual consultation between the UK and the EU. The JCWG will be composed of UK and EU representatives, and will carry out its functions under the supervision of the specialised committee on the Northern Ireland Protocol, to which the JCWG will report (Article 15(2), Northern Ireland Protocol). The JCWG will adopt its own rules of procedure by mutual consent (Article 15(6), Northern Ireland Protocol).

The proposal covers the following matters:

• JCWG’s rules of procedure: The proposal includes draft rules of procedure that are closely modelled on the specialised committee’s rules of procedure, set out in Annex VIII to the withdrawal agreement. The proposal suggests that the decision of the JCWG should be published in the Official Journal.
• Decision by the Council of the European Union: The European Commission proposal is for a decision by the Council. Once adopted, the Council Decision will formally establish the position that the EU will take in the JCWG when the JCWG decides on its rules of procedure under Article 15(6) of the Northern Ireland Protocol.