The Legal Service of the Council of the EU confirmed, in an opinion of 25 January, the exclusive competence of the EU in the Trade and Cooperation Agreement with the United Kingdom and concluded that this does not hinder the ability of Member States to exercise their competence also in those areas covered by the agreement with the non-Member State which the United Kingdom has become.
This opinion comes at a time when the European Parliament committees are due to deliver their opinions on 4 February.
The Trade and Cooperation Agreement “provides for, or does not exclude, the possibility for Member States to conclude bilateral agreements with the United Kingdom on specific matters covered by the agreement in the areas of air transport, administrative cooperation in customs and VAT matters and the coordination of social security”, the opinion states.
Member States may do so “provided that such agreements are compatible with Community law, do not adversely affect the functioning of the agreement and are otherwise compatible with the conditions [...] for an internal mechanism for information and cooperation between the Member States and the Commission”.
However, Member States have a “duty to refrain from any action which could jeopardise the attainment of the EU’s objectives and to ensure that such arrangements or agreements are compatible and do not undermine the functioning of the Trade and Cooperation Agreement”.
The opinion notes that a mixed agreement is inherently more complicated, in that it requires ratification by national parliaments, and this agreement with London does not have aspects that make the mixed nature of the agreement mandatory, as it covers areas where the EU has been given “exclusive or potential” competences.
Tensions in Northern Ireland
The Commission and the British government will meet on 3 February to discuss in particular the tensions that have arisen in Northern Ireland regarding the control of goods to be carried out with Great Britain. Threats have been made against inspectors carrying out health checks under the Northern Ireland protocol, and these checks have been suspended in two Northern Irish ports.
“We strongly condemn any threat of violence against port officials who are carrying out their duty in implementing the withdrawal agreement”, said Eric Mamer, spokesman for the Commission. The Commission has called on EU staff in Northern Ireland not to “go to work”. “We are in contact with the British authorities for the security aspects”.
Vice-President Maroš Šefčovič and Minister Michael Gove will meet in the framework of the Joint Committee on Northern Ireland. The British government, too, has called for calm.
Link to the opinion: http://bit.ly/2YGbvBi (Original version in French by Solenn Paulic)