Summary of the Protocol Governance Arrangements

UK EU Joint Committees

UK-EU Joint Committee

The UK-EU Joint Committee, established under Article 164 of the Withdrawal Agreement, is the main forum for UK–EU consultation on the Withdrawal Agreement. One of its key responsibilities is its role in resolving disputes about the interpretation and application of the Withdrawal Agreement. Articles 167-181 of the Withdrawal Agreement specify the role of the Joint Committee in this regard. Information relating to meetings of the committee can be accessed here.

Northern Ireland Specialised Committee

The Specialised Committee on the Protocol on Ireland and Northern Ireland is one of the six Specialised Committees established under Article 165 of the Withdrawal Agreement. The functions of the Ireland/Northern Ireland Specialised Committee, as set out in Article 14 of the Protocol, include examination of proposals concerning implementation and application of the Protocol, including those from the North-South Ministerial Council and the North-South Implementation bodies, which were set up under the 1998 Good Friday/Belfast Agreement, and later codified in the Northern Ireland Act 1998.

In addition, this committee is tasked to consider any matter of relevance to Article 2 of the Protocol, brought to its attention by the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland, and the Joint Committee of representatives from the Human Rights Commissions of Northern Ireland and Ireland.

On 21 February 2022, the European Union and the United Kingdom held the ninth meeting of the Specialised Committee.

The Joint Consultative Working Group  

The role of the Joint Consultative Working Group (JCWG),established under Article 15 of the Protocol,is to report to the Joint Committee and the Northern Ireland Specialised Committee. The JCWG is a forum for information sharing and consultation on the application and implementation of the Protocol. Specifically, Article 15(3) of the Protocol obliges the European Union to inform the UK about plans to amend or replace legislation within the scope of the Protocol and Article 15(7) stipulates that the European Union must ensure all views expressed by the UK are communicated to relevant EU institutions, bodies, offices and agencies without undue delay.

The JCWG should normally meet once a month but it cannot make any binding decisions on matters before it. Those issues are to be escalated to the Northern Ireland Specialised Committee and the Joint Committee.

 

Related RaISe Briefings

Title

Published

UK Exit from the EU Briefing Paper Series: Withdrawal Agreement, Protocol and Political Declaration - Overview of  Governance Arrangements
This is paper 1 of a 6-part series. It provides a brief overview of the governance arrangements set out under the Withdrawal Agreement, the Protocol and the Political Declaration, for the limited purpose of providing context for subsequent paper in the series. It is not intended to be exhaustive. Throughout it includes potential scrutiny

05.06.20

The Ireland/Northern Ireland Protocol – overview and potential issues
This briefing paper provides an overview of some the main features of the Ireland/Northern Ireland Protocol as they relate to the role and responsibilities of the AERA Committee and also identifies outstanding questions/issues around its implementation and operation moving forward.  This paper is not intended as a forensic examination of the Protocol in terms of its content or its implementation, as at the time of writing there are elements of the Protocol which are still effectively ‘work in progress’ between the UK and EU. Rather, the intended purpose of this paper is to provide an accessible ‘first taste’ of the Protocol.

25.06.20

 

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