Ending The Limbo: The Illustration For Ring-Fencing Eu27 In Addition To Uk Citizens’ Rights Afterward Brexit – Amongst A Proposed Text
May 17, 2018
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Professor Steve Peers, University of Essex*
Yesterday’s Commission proposal for a text of the Brexit withdrawal understanding may good run inwards to difficulties together with non live approved, due to disagreements over the status of the Irish Gaelic border or maybe other reasons. In that case, what happens to the provisions on EU27 citizens living inwards the UK, together with UK citizens living inwards the EU27, earlier Brexit day?
In club to ensure for them the maximum certainty close their immigration status, at that topographic point is a rigid instance to take these provisions from the principal text of the withdrawal understanding together with approve them inwards a split agreement, therefore that they are inwards strength no affair what happens to the negotiations on the residuum of the withdrawal agreement. Even if such an inaugural is non taken frontwards at nowadays (and it cannot live done immediately, since at that topographic point are however approximately issues on citizens’ rights that get got to live agreed betwixt the parties), it could ever live taken frontwards subsequently if the principal talks fail, either earlier or after Brexit day. (A treaty agreed after Brexit twenty-four hours could furnish that it retroactively applies from Brexit Day, if necessary).
Furthermore, pushing for an early on split understanding on this number could get got a positive impact on the overall climate of the negotiations, together with the start side to press for it would live showing its goodwill towards the citizens of the other party.
Are at that topographic point legal issues amongst this? First of all, it powerfulness live argued that Article 50 entirely refers to a unmarried ‘agreement’. But it is sometimes accepted that for legal purposes, the singular could also refer to the plural. Secondly, it may plough out to live the instance that an understanding on citizens’ rights is the entirely thing the parties tin concur on. In that case, it could reasonably live argued that the drafters of Article 50 were thinking of other issues as well. But it seems bizarre to suggest that Article 50 requires an “all or nothing” approach to the issues arising from withdrawal of a Member State, ruling out its usage to resolve entirely some of those issues.
If a treaty is agreed after Brexit day, it would autumn nether the immigration provisions of the Treaties. While Article 79(5) TFEU leaves it to Member U.S. to get got competence over the numbers of persons coming to their territory to work, this treaty would entirely concern those who are already nowadays on the territory, therefore would non infringe upon that national competence.
If at that topographic point are whatever doubts close these legal questions, the ECJ could live asked to resolve them already, using its powers nether Article 218 TFEU to give an advance ruling on draft treaties earlier they come upwardly into force. With the tabling of the draft agreement, the content of the planned understanding is at nowadays precise plenty to run into the threshold set yesteryear the instance police force for the ECJ to do these powers (it isn’t necessary for negotiations to live consummate inwards club for the Court to get got jurisdiction).
To assist anyone interested inwards pursuing this idea, I get got drafted the text of what a ring-fenced bargain could await like. I get got used the text of the Commission proposal for the withdrawal agreement, making entirely those adjustments necessary to choose concern human relationship of the narrower range of the agreement. For instance, I get got deleted all references to a transition period, on the supposition that at that topographic point would either live no such menses (in a “no deal” scenario) or it would live an number for the principal withdrawal understanding (in the “multiple deals” scenario). I refer other necessary changes inwards comments on the Articles.
For the sake of simplicity, I get got non suggested whatever substantive amendments to the Commission’s text at this time, although I believe that approximately are desirable together with volition advise approximately soon; together with inwards whatever lawsuit the text is probable to live amended during negotiations.
Barnard & Peers: chapter 26, chapter 27, chapter 13
Photo credit: Business Insider
*This weblog ship service was supported yesteryear an ESRC priority grant on "Brexit together with UK/EU immigration policy"
Annex – proposed text of Treaty
PREAMBLE
THE EUROPEAN UNION AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
[…]
HAVE AGREED AS FOLLOWS:
PART ONE
COMMON PROVISIONS
Article 1
Objective
This Agreement sets out the arrangements for the protection of citizens’ rights next the withdrawal of the U.K. of Britain together with Northern Republic of Ireland ("United Kingdom") from the European Union (“Union”) together with from the European Atomic Energy Community (“Euratom”).
Comment: I added the words “for the protection of citizens’ rights” to Article 1 of the Commission proposal, due to the narrower range of this suggested treaty.
Article 2
Definitions
For the purposes of this Agreement, the next definitions shall apply:
(a) "Union law" means:
(i) the Treaty on European Union ("TEU"), the Treaty on the Functioning of the European Union ("TFEU") together with the Treaty establishing the European Atomic Energy Community ("Euratom Treaty"), as amended or supplemented, as good as the Treaties of Accession together with the Charter of Fundamental Rights of the European Union, together referred to as “the Treaties”;
(ii) the full general principles of Union law;
(iii) the acts adopted yesteryear the institutions, bodies, offices or agencies of the Union;
(iv) the international agreements to which the Union or Euratom is political party together with the international agreements concluded yesteryear the Member U.S. acting on behalf of the Union or Euratom;
(v) the agreements betwixt Member U.S. entered into inwards their capacity as Member U.S. of the Union or of Euratom; together with
(vi) acts of the Representatives of the Governments of the Member U.S. coming together within the European Council or the Council of the European Union ("Council");
(vii) the declarations made inwards the context of intergovernmental conferences which adopted the Treaties.
(b) "Member States" agency the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Republic of Finland together with the Kingdom of Sweden;
(c) "Union citizen" agency whatever someone belongings the nationality of a Member State;
(d) "United Kingdom national" agency a British citizen, as defined inwards the New Declaration yesteryear the Government of the U.K. of Britain together with Northern Republic of Ireland of 31 Dec 1982 on the definition of the term ‘nationals’ together amongst Declaration No 63 annexed to the Final Act of the intergovernmental conference which adopted the Treaty of Lisbon.
Article 3
Territorial scope
1. Unless otherwise provided inwards this Agreement or inwards Union police force made applicable yesteryear this Agreement, whatever reference inwards this Agreement to the U.K. or its territory, shall live understood as referring to:
(a) the United Kingdom;
(b) the Channel Islands, the Isle of Man, Gibraltar together with the Sovereign Base Areas of Akrotiri together with Dhekelia inwards Republic of Cyprus to the extent that Union police force relevant to this understanding was applicable to them earlier the appointment of entry into strength of this Agreement;
(c) the overseas countries together with territories listed inwards Annex II to the TFEU having special relations amongst the United Kingdom, where the provisions of this Agreement relate to the special arrangements for the association of the overseas countries together with territories amongst the Union.
2. Unless otherwise provided inwards this Agreement or inwards Union police force made applicable yesteryear this Agreement, whatever reference inwards this Agreement to Member States, or their territory, shall live understood as roofing the territories of the Member U.S. to which the Treaties apply as provided inwards Article 355 TFEU.
Comment: I inserted the words “relevant to this agreement” into para 1(b) for clarity.
Article 4
Methods together with principles relating to the effect, the implementation together with the application of this Agreement
1. Where this Agreement provides for the application of Union police force inwards the United Kingdom, it shall create inwards honor of together with inwards the U.K. the same legal effects as those which it produces within the Union together with its Member States.
In particular, Union citizens together with U.K. nationals shall live able to rely straight on the provisions contained or referred to inwards Part Two. Any provisions inconsistent or incompatible amongst that Part shall live disapplied.
2. The U.K. shall ensure compliance amongst paragraph 1, including as regards the required powers of its judicial together with administrative authorities, through domestic primary legislation.
3. The provisions of this Agreement referring to concepts or provisions of Union police force shall live interpreted together with applied inwards accordance amongst the same methods together with full general principles as those applicable within the Union.
4. The provisions of this Agreement referring to Union police force or concepts or provisions thereof shall inwards their implementation together with application live interpreted inwards conformity amongst the relevant instance police force of the Court of Justice of the European Union handed downwards earlier the entry into strength of this agreement.
5. In the interpretation together with application of this Agreement, the United Kingdom's judicial together with administrative authorities shall get got due regard to relevant instance police force of the Court of Justice of the European Union handed downwards after the entry into strength of this Agreement.
Comments: I get got replaced “end of the transition period” amongst “entry into strength of this Agreement” inwards paragraph 4, together with throughout the residuum of the text.
Article 5
References to Union law
1. Unless otherwise provided inwards this Agreement all references inwards this Agreement to Union police force shall live understood as references to Union police force as applicable on the entry into strength of this agreement, including as amended or replaced.
2. Where inwards this Agreement reference is made to Union acts or provisions thereof, such reference shall, where relevant, live understood to include a reference to Union acts or provisions thereof that, although repealed yesteryear the human activity referred to, travel along to apply inwards accordance amongst that act.
3. For the purposes of this Agreement, references to provisions of Union police force made applicable yesteryear this Agreement shall live understood to include references to the relevant Union acts supplementing or implementing those provisions.
Comment: I deleted a cross-reference to Parts Four together with Five of the withdrawal understanding from para 1.
Article 6
References to Member States
For the purposes of this Agreement, all references to Member U.S. together with competent authorities of Member U.S. inwards provisions of Union police force made applicable yesteryear this Agreement shall live read as including the U.K. together with its competent authorities.
Comment: I deleted text relating to institutional issues, since it concerns entirely the transitional period.
Article 7
Common Travel Area
1. The U.K. together with Republic of Ireland may travel along to brand arrangements betwixt themselves relating to the displace of persons betwixt their territories (the "Common Travel Area"), spell fully respecting the rights of natural persons conferred yesteryear Union law.
2. The U.K. shall ensure that the Common Travel Area together with associated rights together with privileges tin travel along to operate without affecting the obligations of Republic of Ireland nether Union law, inwards detail amongst honor to gratis displace for Union citizens together with their position unit of measurement members, irrespective of their nationality, to, from together with within Ireland.
Comment: I replaced Article vii of the Commission proposal, which concerns “Access to network together with information systems together with information bases”, is replaced yesteryear Article 2 of the Protocol on Ireland, since it is relevant to the number of displace of persons. This also agency that the numbering of the text is the same as the Commission proposal, right upwardly until Article 35.
PART TWO
CITIZENS’ RIGHTS
TITLE I
GENERAL PROVISIONS
Article 8
Definitions
For the purposes of this Part, together with without prejudice to Title III, the next definitions shall apply:
(a) "family members" agency position unit of measurement members of Union citizens or U.K. nationals as defined inwards betoken (2) of Article 2 of Directive 2004/38/EC of the European Parliament together with of the Council, irrespective of their nationality together with who autumn within the personal range provided for inwards Article ix of this Agreement;
(b) "frontier workers" agency Union citizens or U.K. nationals who pursue an economical activity inwards accordance amongst Article 45 or 49 TFEU inwards i or to a greater extent than U.S. inwards which they make non reside;
(c) "host State" means:
(i) in honor of Union citizens, the U.K. if they exercised at that topographic point their right of residence inwards accordance amongst Union police force earlier the entry into strength of this Agreement together with travel along to reside at that topographic point thereafter;
(ii) in honor of U.K. nationals, the Member State inwards which they exercised their right of residence inwards accordance amongst Union police force earlier the entry into strength of this Agreement together with travel along to reside at that topographic point thereafter;
(d) "State of work" means:
(i) inwards honor of Union citizens, the United Kingdom, if they pursued an economical activity as frontier workers at that topographic point earlier the entry into strength of this Agreement together with travel along to make therefore thereafter;
(ii) inwards honor of U.K. nationals, a Member State where they pursued an economical activity as frontier workers earlier the entry into strength of this Agreement together with travel along to make therefore thereafter;
(e) "rights of custody" agency rights of custody within the pregnant of betoken (9) of Article 2 of Council Regulation (EC) No 2201/2003 together with shall comprehend rights of custody acquired yesteryear judgment, yesteryear performance of police force or yesteryear an understanding having legal effect.
Article 9
Personal scope
1. Without prejudice to Title III, this Part shall apply to the next persons:
(a) Union citizens who exercised their right to reside inwards the U.K. inwards accordance amongst Union police force earlier the entry into strength of this Agreement together with travel along to reside at that topographic point thereafter;
(b) United Kingdom nationals who exercised their right to reside inwards a Member State inwards accordance amongst Union police force earlier the entry into strength of this Agreement together with travel along to reside at that topographic point thereafter;
(c) Union citizens who exercised their right as frontier workers inwards the U.K. inwards accordance amongst Union police force earlier the entry into strength of this Agreement together with travel along to make therefore thereafter;
(d) United Kingdom nationals who exercised their right as frontier workers inwards i or to a greater extent than Member U.S. inwards accordance amongst Union police force earlier the entry into strength of this Agreement together with travel along to make therefore thereafter;
(e) family members of the persons referred to inwards points (a) to (d), where they fulfil i of the next conditions:
(i) they resided inwards the host State inwards accordance amongst Union police force earlier the entry into strength of this Agreement together with travel along to reside at that topographic point thereafter;
(ii) they resided exterior the host State earlier the entry into strength of this Agreement, provided that they fulfil the weather condition set out inwards betoken (2) of Article 2 of Directive 2004/38/EC at the fourth dimension they seek residence nether this Part inwards club to bring together the someone referred to inwards points (a) to (d) of this paragraph;
(iii) they are born to, or legally adopted by, persons referred to inwards points (a) to (d) after the entry into strength of this Agreement, whether within or exterior the host State, where they fulfil the weather condition set out inwards betoken (2)(c) of Article 2 of Directive 2004/38/EC at the fourth dimension they seek residence nether this Part inwards club to bring together the someone referred to inwards points (a) to (d) of this paragraph together with fulfil i of the next conditions:
- both parents are persons referred to inwards points (a) to (d);
- i parent is a someone referred to inwards points (a) to (d) together with the other is a national of the host State; or
- i parent is a someone referred to inwards points (a) to (d) together with has sole or articulation rights of custody of the child, inwards accordance amongst the applicable rules of position unit of measurement police force of a Member State or of the United Kingdom, including applicable rules of individual international police force nether which rights of custody established nether the police force of a 3rd state are recognised inwards the Member State or inwards the United Kingdom, inwards detail as regards the best interests of the kid together with without prejudice to the normal performance of such applicable rules of individual international law;
(f) family members who resided inwards the host State inwards accordance amongst Articles 12 together with 13, Article 16(2) together with Articles 17 together with eighteen of Directive 2004/38/EC earlier the entry into strength of this Agreement together with travel along to reside at that topographic point thereafter.
2. Without prejudice to whatever right to residence which the persons concerned may get got inwards their ain right, the host State shall, inwards accordance amongst its national legislation, facilitate entry together with residence for persons falling nether points (a) together with (b) of Article 3(2) of Directive 2004/38/EC who resided inwards the host State inwards accordance amongst Union police force earlier the entry into strength of this Agreement together with travel along to reside at that topographic point thereafter.
3. Without prejudice to whatever right to residence which the persons concerned may get got inwards their ain right, the host State shall, inwards accordance amongst its national legislation together with inwards accordance amongst betoken (b) of Article 3(2) of Directive 2004/38/EC, facilitate entry together with residence for the partner amongst whom the someone referred to inwards points (a) to (d) has a durable relationship, duly attested, provided that the human relationship was durable earlier the entry into strength of this Agreement together with continues at the fourth dimension the partner seeks residence nether this Part.
4. In the cases referred to inwards paragraphs 2 together with 3, the host State shall undertake an extensive exam of the personal circumstances together with shall justify whatever denial of entry or residence to such persons.
Article 10
Continuity of residence
Continuity of residence for the purposes of Articles 8 together with ix shall non live affected yesteryear absences as referred to inwards Article 14(2) together with (3).
Article 11
Non-discrimination
Within the range of this Agreement together with without prejudice to whatever special provisions contained therein, whatever discrimination on grounds of nationality within the pregnant of the start subparagraph of Article eighteen TFEU shall live prohibited inwards the host State together with the State of piece of work inwards honor of the persons referred to inwards Article ix of this Agreement.
TITLE II
RIGHTS AND OBLIGATIONS
CHAPTER 1
Rights related to residence, residence documents
Article 12
Residence rights
1. Union citizens together with U.K. nationals shall get got the right to reside inwards the host State nether the limitations together with weather condition as set out inwards Articles 21, 45 or 49 TFEU together with inwards Article 6(1), Article 7(1)(a), (b) or (c), Article 7(3), Article 14, Article 16(1) or Article 17(1) of Directive 2004/38/EC.
2. Family members who are either Union citizens or U.K. nationals shall get got the right to reside inwards the host State as set out inwards Article 21 TFEU together with inwards Article 6(1), Article 7(1)(d), Article 12(1) or (3), Article 13(1), Article 14, Article 16(1) or Article 17(3) together with (4) of Directive 2004/38/EC.
3. Family members who are neither Union citizens nor U.K. nationals shall get got the right to reside inwards the host State as set out inwards Article 6(2), Article 7(2), Article 12(2) or (3), Article 13(2), Article 14, Article 16(2), Article 17(3) or (4) or Article eighteen of Directive 2004/38/EC.
4. The host State may non impose whatever limitations together with weather condition other than those provided for inwards this Title on the persons referred to inwards paragraphs 1, 2 together with 3 for obtaining, retaining or losing residence rights. There shall live no discretion inwards applying the limitations together with conditions, other than inwards favour of the someone concerned.
Article 13
Right of larn out together with of entry
1. Union citizens, U.K. nationals, together with their respective position unit of measurement members, shall get got the right to leave of absence the host State together with the right to displace into it amongst a valid passport or national identity carte du jour for Union citizens together with U.K. nationals, together with a valid passport for their respective position unit of measurement members who are non Union citizens or U.K. nationals as set out inwards Articles 4(1) together with 5(1) of Directive 2004/38/EC. No larn out or entry visa or equivalent formality shall live required for holders of a valid residence document issued inwards accordance amongst Article 17 or 24 of this Agreement.
2. Where the host State requires position unit of measurement members who bring together the Union citizen or the U.K. national after the entry into strength of this Agreement to get got an entry visa, the host State shall grant such persons every facility to obtain the necessary visas. Such visas shall live issued gratis of accuse as presently as possible together with on the footing of an accelerated procedure.
Article 14
Right of permanent residence
1. Union citizens, U.K. nationals, together with their respective position unit of measurement members, who get got resided legally inwards accordance amongst Union police force for a continuous menses of 5 years inwards the host State, or for the duration specified inwards Article 17 of Directive 2004/38/EC, shall get got the right of permanent residence inwards the host State as set out inwards Articles 16, 17 together with eighteen of Directive 2004/38/EC. Periods of legal residence or piece of work earlier together with after the entry into strength of this Agreement shall live included inwards the calculation of the qualifying menses necessary for acquisition of the right of permanent residence.
2. Continuity of residence for the purposes of acquisition of the right of permanent residence shall live determined inwards accordance amongst Article 16(3) together with Article 21 of Directive 2004/38/EC.
3. Once acquired, the right of permanent residence shall live lost entirely through absence from the host State for a menses exceeding 5 consecutive years.
Article 15
Accumulation of periods
Union citizens, U.K. nationals, together with their respective position unit of measurement members, who earlier the entry into strength of this Agreement resided legally inwards the host State nether the weather condition of Article vii of Directive 2004/38/EC for a menses of less than 5 years, shall get got the right to larn the right of permanent residence set out inwards Article fourteen of this Agreement in i lawsuit they get got completed the necessary periods of residence. Periods of legal residence or piece of work earlier together with after the entry into strength of this Agreement shall live included inwards the calculation of the qualifying menses necessary for acquisition of the right of permanent residence.
Article 16
Status together with changes
1. The right of Union citizens, U.K. nationals, together with their respective position unit of measurement members to rely straight on this Title shall non live affected when they alter status, for representative from educatee to worker, from worker to existence economically inactive, or from existence economically inactive to student.
2. The rights provided for inwards this Title for the position unit of measurement members, who are dependent on Union citizens or U.K. nationals earlier the entry into strength of this Agreement, shall live maintained fifty-fifty after they cease to live dependent as a termination of taking upwardly occupation or self-employment inwards the host State.
Article 17
Issuance of residence documents
1. The host State may require Union citizens or U.K. nationals together with their respective position unit of measurement members, residing inwards its territory inwards accordance amongst the weather condition set out inwards this Title, to apply for a novel residence document as a status for the enjoyment of the rights nether this Title, dependent acre to the next conditions:
(a) the purpose of the application physical care for shall live to verify whether the applicant falls within the personal range provided for inwards Article ix together with is entitled to the residence rights set out inwards this Title. Where that is the case, the applicant shall get got a right to live granted the residence document;
(b) the deadline for submitting the residence document application shall non live less than 2 years from the entry into strength of this Agreement or from the appointment of arrival inwards the host State, whichever is later; a certificate of application for the residence document shall live issued immediately;
(c) the deadline for submitting the residence document application referred to inwards betoken (b) shall live extended automatically yesteryear i twelvemonth where the Union or the U.K. has notified the U.K. or the Union, respectively, that technical problems foreclose the host State either from registering the application or from issuing the certificate of application referred to inwards betoken (b). The host State shall issue that notification together with shall furnish appropriate populace information for the citizens or nationals concerned inwards skillful time;
(d) where the deadline for submitting the residence document application referred to inwards betoken (b) is non respected yesteryear the persons concerned, the competent authorities shall assess all the circumstances together with reasons for non respecting the deadline together with allow those persons to submit an application within a reasonable farther menses of time, unless such an application is patently abusive;
(e) the host State shall ensure that administrative procedures for applications for the residence document are smooth, transparent together with elementary together with that whatever unnecessary administrative burdens are avoided;
(f) application forms shall live short, simple, user friendly together with adjusted to the context of this Agreement; applications made yesteryear families at the same fourth dimension shall live considered together;
(g) the residence document shall live issued gratis of accuse or for a accuse non exceeding that imposed on citizens or nationals for the issuing of similar documents;
(h) persons who, earlier the entry into strength of this Agreement, are holders of a valid permanent residence document issued nether Article xix or 20 of Directive 2004/38/EC or a valid domestic immigration document conferring a permanent right to reside inwards the host State, shall get got the right to telephone substitution that document within 2 years of the entry into strength of this Agreement for a novel residence document after a verification of their identity, a criminality together with safety cheque inwards accordance amongst betoken (p) of this paragraph together with confirmation of ongoing residence; such a document shall live gratis of charge;
(i) the identity of the applicants shall live verified through the presentation of a valid passport or national identity carte du jour for Union citizens together with U.K. nationals, together with a valid passport for their respective position unit of measurement members who are non Union citizens or U.K. nationals; the credence of such identity documents shall non live made conditional upon whatever criteria other than that of validity. Where the identity document is retained yesteryear the competent authorities of the host State spell the application is pending, the host State shall render that document upon application without delay together with earlier the determination on the application is taken;
(j) supporting documents other than identity documents, such as civil status documents, may live submitted inwards copy;
(k) the host State may entirely require Union citizens together with U.K. nationals to present, inwards add-on to the identity documents referred to inwards betoken (i) of this paragraph, the next supporting documents as referred to inwards Article 8(3) of Directive 2004/38/EC:
(i) where they reside inwards the host State inwards accordance amongst Article 7(1)(a) of Directive 2004/38/EC as workers or self-employed, a confirmation of engagement from the employer or a certificate of employment, or proof that they are selfemployed;
(ii) where they reside inwards the host State inwards accordance amongst Article 7(1)(b) of Directive 2004/38/EC as economically inactive persons, evidence that they get got sufficient resources for themselves together with their position unit of measurement members non to travel a burden on the social assistance scheme of the host State during their menses of residence together with get got comprehensive sickness insurance comprehend inwards the host State;
(iii) where they reside inwards the host State inwards accordance amongst Article 7(1)(c) of Directive 2004/38/EC as students, proof of enrolment at an accredited establishment together with of comprehensive sickness insurance comprehend together with a announcement or equivalent, that they get got sufficient resources for themselves together with their position unit of measurement members non to travel a burden on the social assistance scheme of the host State during their menses of residence. The host State may non require this announcement to refer to whatever specific amount of resources.
With regard to the status of sufficient resources, Article 8(4) of Directive 2004/38/EC shall apply;
(l) the host State may entirely require position unit of measurement members who autumn nether Articles 9(1)(e)(i) or 9(2) of this Agreement together with who reside inwards the host State inwards accordance amongst Article 7(1)(d) or 7(2) of Directive 2004/38/EC to present, inwards add-on to the identity documents referred to inwards betoken (i) of this paragraph, the next supporting documents as referred to inwards Articles 8(5) or 10(2) of Directive 2004/38/EC:
(i) a document attesting to the existence of a position unit of measurement human relationship or of a registered partnership;
(ii) the registration certificate or, inwards the absence of a registration system, whatever other proof of residence inwards the host State of the Union citizen or of the U.K. nationals amongst whom they reside inwards the host State;
(iii) for direct descendants who are nether the historic menses of 21 or are dependants together with dependent direct relatives inwards the ascending line, together with for those of the husband or registered partner, documentary evidence that the weather condition set out inwards Article 2(2)(c) or (d) of Directive 2004/38/EC are fulfilled;
(iv) for the persons referred to inwards Article 9(2) of this Agreement, a document issued yesteryear the relevant authorisation inwards the host State inwards accordance amongst Article 3(2) of Directive 2004/38/EC.
With regard to the status of sufficient resources as concerns position unit of measurement members who are themselves Union citizens or U.K. nationals, Article 8(4) of Directive 2004/38/EC shall apply;
(m) the host State may entirely require position unit of measurement members who autumn nether Articles 9(1)(e)(ii) or 9(3) of this Agreement, inwards add-on to the identity documents referred to inwards betoken (i) of this paragraph, the next supporting documents as referred to inwards Articles 8(5) together with 10(2) of Directive 2004/38/EC:
(i) a document attesting to the existence of a position unit of measurement human relationship or of a registered partnership;
(ii) the registration certificate or, inwards the absence of a registration system, whatever other proof of residence inwards the host State of the Union citizen or of the U.K. nationals whom they are joining inwards the host State;
(iii) for spouses or registered partners, a document attesting to the existence of a position unit of measurement human relationship or of a registered partnership earlier the entry into strength of this Agreement;
(iv) for direct descendants who are nether the historic menses of 21 or are dependants together with dependent direct relatives inwards the ascending line of piece of work together with those of the husband or registered partner, documentary evidence that they were related to Union citizens or U.K. nationals earlier the entry into strength of this Agreement together with fulfil the weather condition set out inwards Article 2(2)(c) or (d) of Directive 2004/38/EC relating to historic menses or dependence;
(v) for the persons referred to inwards Article 9(3) of this Agreement, proof that a durable human relationship amongst Union citizens or U.K. nationals existed earlier the entry into strength of this Agreement together with continues to be thereafter;
(n) for cases other than those set out inwards points (k), (l) together with (m), the host State shall non require applicants to nowadays supporting documents that travel beyond what is strictly necessary together with proportionate to furnish evidence that the weather condition relating to the right of residence nether this Title get got been fulfilled;
(o) the competent authorities of the host State shall aid the applicants bear witness their eligibility together with avoid whatever errors or omissions inwards the application; they shall give the applicants the chance to furnish supplementary evidence together with to right whatever deficiencies, errors or omission;
(p) criminality together with safety checks may live carried out systematically on applicants amongst the exclusive aim of verifying whether restrictions set out inwards Article eighteen of this Agreement may live applicable. For that purpose, applicants may live required to declare yesteryear criminal convictions which seem inwards their criminal tape inwards accordance amongst the police force of the State of conviction at the fourth dimension of the application. The host State may, should it consider this essential, apply the physical care for set out inwards Article 27(3) of Directive 2004/38/EC on enquiries to other U.S. regarding previous criminal records;
(q) the novel residence document shall include a contention that it has been issued inwards accordance amongst this Agreement;
(r) the applicant shall get got access to judicial and, where appropriate, administrative redress procedures inwards the host State against whatever determination refusing to grant the residence document. The redress procedures shall allow for an exam of the legality of the decision, as good as of the facts together with circumstances on which the proposed determination is based. They shall ensure that the determination is proportionate.
2. During the two-year menses referred to inwards betoken (b) of paragraph 1 of this Article together with its possible one-year extension nether betoken (c) of paragraph 1 of this Article, all rights provided for inwards this Part shall live deemed to apply to Union citizens or U.K. nationals together with their respective position unit of measurement members, residing inwards the host State inwards accordance amongst the weather condition set out inwards this Title.
3. Pending a lastly determination yesteryear the competent authorities on whatever application referred to inwards paragraph 1, as good as a lastly judgment handed downwards inwards instance of judicial redress sought against whatever rejection of such application yesteryear the competent administrative authorities, all rights provided for inwards this Part shall live deemed to apply to the applicant, including Article xix on safeguards together with right of appeal.
4. Where a host State has chosen non to require Union citizens or U.K. nationals, together with their respective position unit of measurement members, to apply for the novel residence document referred to inwards paragraph 1 as a status for legal residence, those Union citizens, U.K. nationals together with their respective position unit of measurement members eligible for residence rights shall get got the right to have a residence document that includes a contention that it has been issued inwards accordance amongst this Agreement.
Article 18
Restrictions of the right of residence
1. Conduct of Union citizens or U.K. nationals or their respective position unit of measurement members, that occurred earlier the entry into strength of this Agreement shall live considered inwards accordance amongst Chapter VI of Directive 2004/38/EC.
2. Conduct of Union citizens or U.K. nationals, or their respective position unit of measurement members, that occurred after the entry into strength of this Agreement may constitute grounds for restricting the right of residence yesteryear the host State inwards accordance amongst national legislation.
3. The host State may adopt the necessary measures to refuse, terminate or withdraw whatever right conferred yesteryear this Title inwards the instance of abuse of those rights or fraud as set out inwards Article 35 of Directive 2004/38/EC. Such measures shall live dependent acre to the procedural safeguards provided for inwards Article xix of this Agreement.
4. The host State may take applicants who submitted fraudulent or abusive applications from its territory nether the weather condition set out inwards Directive 2004/38/EC, inwards detail Articles 31 together with 35 thereof, fifty-fifty earlier a lastly judgment has been handed downwards inwards instance of judicial redress sought against whatever rejection of such an application.
Article 19
Safeguards together with right of appeal
The safeguards set out inwards Article xv together with Chapter VI of Directive 2004/38/EC shall apply inwards honor of whatever determination of the host State that restricts residence rights of the persons referred to inwards Article ix of this Agreement.
Article 20
Related rights
In accordance amongst Article 23 of Directive 2004/38/EC, irrespective of nationality, the position unit of measurement members of a Union citizen or a U.K. national who get got the right of residence or the right of permanent residence inwards the host State or the State of piece of work shall live entitled to choose upwardly occupation or self-employment there.
Article 21
Equal treatment
1. In accordance amongst Article 24 of Directive 2004/38/EC, dependent acre to the specific provisions provided for inwards Titles I, II together with IV of this Part, all Union citizens or U.K. nationals residing on the footing of this Agreement inwards the territory of the host State shall bask equal handling amongst the nationals of that State within the range of this Agreement. The make goodness of this right shall live extended to position unit of measurement members of Union citizens or of U.K. nationals together with who get got the right of residence or permanent residence.
2. By way of derogation from paragraph 1, the host State shall non live obliged to confer entitlement to social assistance during residence inwards accordance amongst Articles half-dozen or 14(4)(b) of Directive 2004/38/EC, nor shall it live obliged, prior to acquisition of the right of permanent residence inwards accordance amongst Article fourteen of this Agreement, to grant maintenance assist for studies, including vocational training, consisting inwards educatee grants or educatee loans to persons other than workers, self-employed persons, persons who retain such status together with members of their families.
CHAPTER 2
Rights of workers together with self-employed persons
Article 22
Rights of workers
1. Workers inwards the host State together with frontier workers inwards the State or U.S. of piece of work shall bask the next rights:
(a) dependent acre to the limitations set out inwards Article 45(3) together with 45(4) TFEU:
(i) the right, inwards accordance amongst Article 45(2) TFEU, non to live discriminated against on grounds of nationality as regards employment, remuneration together with other weather condition of piece of work together with employment;
(ii) the rights referred to inwards Article 45(3) TFEU;
(b) the rights set out inwards Regulation (EU) No 492/2011 of the European Parliament together with of the Council, including:
(i) the right to choose upwardly together with pursue an activity inwards accordance amongst the rules applicable to the nationals of the host State or the State of work;
(ii) the right to assistance afforded yesteryear the occupation offices of the host State or the State of piece of work as offered to ain nationals;
(iii) the right to equal handling inwards honor of weather condition of occupation together with work, inwards detail as regards remuneration, dismissal together with inwards instance of unemployment, reinstatement or re-employment;
(iv) the right to taxation together with social advantages;
(v) collective rights;
(vi) the rights together with benefits accorded to national workers inwards matters of housing;
(vii) the right for their children to live admitted to the full general educational, apprenticeship together with vocational grooming courses nether the same weather condition as the nationals of the host State or the State of work.
2. Where a direct descendant of a worker who has ceased to reside inwards the host State is inwards instruction inwards that State, the primary carer for that descendant shall get got the right to reside inwards that State until the descendant reaches the historic menses of majority, together with after the historic menses of bulk if that descendant continues to demand the presence together with attention of the primary carer inwards club to pursue together with consummate his or her education.
3. Employed frontier workers shall retain the rights they enjoyed as workers inwards the State or U.S. of work, together with the right to displace into together with larn out that State inwards accordance amongst Article 13.
Article 23
Rights of self-employed persons
1. Self-employed persons inwards the host State together with self-employed frontier workers inwards the State or U.S. of piece of work shall get got the next rights:
(a) the right to choose upwardly together with pursue activities as self-employed persons together with to ready together with handle undertakings nether the weather condition set downwards yesteryear the host State for its ain nationals, as set out inwards Article 49 TFEU;
(b) the rights as set out inwards Article 22 of this Agreement.
2. Self-employed frontier workers shall get got the same rights as employed frontier workers, without prejudice to Article 32 concerning the range of rights.
Article 24
Issuance of a document identifying frontier workers' rights
Union citizens together with U.K. nationals who get got rights as frontier workers nether this Title shall get got the right, inwards the State of work, to have a document certifying that they get got such rights nether this Agreement.
CHAPTER 3
Professional qualifications
Article 25
Recognised professional person qualifications
1. The recognition, earlier the entry into strength of this Agreement, of professional person qualifications, as defined inwards betoken (b) of Article 3(1) of Directive 2005/36/EC of the European Parliament together with of the Council, of Union citizens or U.K. nationals yesteryear their host State or their State of piece of work shall keep its effects inwards the respective State, including the right to pursue the profession nether the same weather condition as its nationals, where such recognition was made inwards accordance amongst whatever of the next provisions:
(a) Title III of Directive 2005/36/EC inwards honor of the recognition of professional person qualifications inwards the context of the do of the liberty of establishment, whether such recognition cruel nether the full general scheme for the recognition of evidence of training, the scheme for the recognition of professional person sense or the scheme for the recognition on the footing of coordination of minimum grooming conditions;
(b) Article 10(1) together with (3) of Directive 98/5/EC of the European Parliament together with of the Council inwards honor of gaining admission to the profession of lawyer inwards the host Member State;
(c) Article fourteen of Directive 2006/43/EC of the European Parliament together with of the Council inwards honor of the approving of statutory auditors from approximately other Member State;
(d) Council Directive 74/556/EEC inwards honor of the credence of evidence of the knowledge together with powerfulness necessary inwards club to choose upwardly or pursue activities of self-employed persons together with of intermediaries engaging inwards the merchandise together with distribution of toxic products or activities involving the professional person usage of toxic products.
2. Recognitions of professional person qualifications inwards accordance amongst Title III of Directive 2005/36/EC referred to inwards betoken (a) of paragraph 1 of this Article shall include:
(a) recognition of professional person qualifications which get got benefited from Article 3(3) of that Directive;
(b) decisions granting partial access to a professional person activity inwards accordance amongst Article 4f of that Directive;
(c) recognitions of professional person qualifications for establishment purposes made nether Article 4d of that Directive.
Article 26
Ongoing procedures on the recognition of professional person qualifications
Title III of Directive 2005/36/EC, Article 10(1) together with (3) of Directive 98/5/EC, Article fourteen of Directive 2006/43/EC together with Directive 74/556/EEC shall apply inwards honor of the exam yesteryear a competent authorisation of their host State or State of piece of work of whatever application for the recognition of professional person qualifications introduced earlier the entry into strength of this Agreement yesteryear Union citizens or U.K. nationals together with inwards honor of the determination on whatever such application.
Article 27
Administrative cooperation on recognition of professional person qualifications
With regard to the pending applications referred to inwards Article 26, the U.K. together with the Member U.S. shall cooperate inwards club to facilitate the application of Article 26. Cooperation may include the telephone substitution of information, including on disciplinary activity or criminal sanctions taken or whatever other serious together with specific circumstances which are probable to get got consequences for the pursuit of the activities falling nether the Directives referred to inwards Article 26.
Title III
Coordination of social safety systems
Article 28
Persons covered
1. This Title shall apply to the next persons:
(a) Union citizens who are or get got been dependent acre to the legislation of the United Kingdom, as good as their position unit of measurement members together with their survivors;
(b) U.K. nationals who are or get got been dependent acre to the legislation of a Member State, as good as their position unit of measurement members together with their survivors;
(c) Union citizens who resided inwards the U.K. earlier the entry into strength of this Agreement together with travel along to make therefore thereafter, together with are dependent acre to the legislation of a Member State, as good as their position unit of measurement members together with their survivors;
(d) U.K. nationals who resided inwards a Member State earlier the entry into strength of this Agreement together with travel along to make therefore thereafter, together with are dependent acre to the legislation of the United Kingdom, as good as their position unit of measurement members together with their survivors;
(e) Union citizens together with U.K. nationals who pursued an activity as employed or self-employed someone both inwards the U.K. together with inwards i or to a greater extent than Member U.S. earlier the entry into strength of this Agreement together with travel along to make therefore thereafter, as good as their position unit of measurement members together with their survivors;
(f) stateless persons together with refugees, residing inwards a Member State or inwards the United Kingdom, who are or get got been dependent acre to the legislation of the U.K. or a Member State, respectively, as good as their position unit of measurement members together with their survivors;
(g) nationals of 3rd countries who are non Union citizens or U.K. nationals, as good as members of their families together with their survivors, provided that they fulfil the weather condition of Regulation (EU) No 1231/2010 of the European Parliament together with of the Council or Council Regulation (EC) No 859/2003.
2. By way of derogation from betoken (a) of Article 8 of this Agreement, for the purposes of this Title, "family member" agency fellow member of the position unit of measurement as defined inwards betoken (i) of Article 1 of Regulation (EC) No 883/2004 of the European Parliament together with of the Council.
3. For the purposes of this Title, "legislation" agency legislation as defined inwards betoken (l) of Article 1 of Regulation (EC) No 883/2004.
4. Union citizens or U.K. nationals, as good as nationals of 3rd countries referred to inwards betoken (g) of paragraph 1, having worked or resided inwards a Member State or inwards the U.K. earlier the entry into strength of this Agreement shall, for the purposes of aggregation of periods of social safety insurance, including rights flowing from such periods, inwards accordance amongst Regulation (EC) No 883/2004 together with Regulation (EC) No 987/2009 of the European Parliament together with of the Council, live covered yesteryear this Title.
Article 29
Social safety coordination rules
1. For the purposes of ensuring the rights referred to inwards Articles 21, 45 together with 49 TFEU, the rights together with principles set out inwards Article 48 TFEU, Regulation (EC) No 883/2004 together with Regulation (EC) No 987/2009, as good as the Decisions together with Recommendations of the Administrative Commission for the Coordination of Social Security Systems attached to the European Commission, ready nether Regulation (EC) No 883/2004 ("Administrative Commission") listed inwards [Part I of the Annex y+5 to] this Agreement, shall apply to the matters covered yesteryear those Regulations as set out inwards Article 3 of Regulation (EC) No 883/2004, notably the branches of social safety referred to therein, including inwards honor of:
(a) the full general principles of social safety coordination, together with inwards detail equal treatment, assimilation of facts together with benefits, aggregation of periods, export of benefits together with the prevention of overlapping benefits set out inwards Articles 4 to 10 of Regulation (EC) No 883/2004;
(b) the determination of the applicable legislation based on Title II of Regulation (EC) No 883/2004;
(c) administrative cooperation set out inwards Title V of Regulation (EC) No 883/2004.
2. Contributions both earlier together with after the entry into strength of this Agreement shall live taken into concern human relationship for the purposes of aggregation of periods of social safety insurance, including rights flowing from such periods, inwards accordance amongst Regulation (EC) No 883/2004 together with shall live covered yesteryear this Title.
3. Where a someone referred to inwards Article 28 of this Agreement has undertaken a course of instruction of planned wellness attention handling earlier the entry into strength of this Agreement inwards a Member State or inwards the United Kingdom, spell that State was non the competent State as determined inwards accordance amongst Title II of Regulation (EC) No 883/2004, that someone shall get got the right to travel along the handling until its end.
4. If, next the grant of a make goodness based on the periods of insurance, employment, selfemployment or residence inwards accordance amongst Article 28(3) of this Agreement, the U.K. becomes competent for the healthcare comprehend of a Union citizen, or a Union Member State becomes competent for the wellness attention comprehend of a U.K. national, that Union citizen or U.K. national shall live entitled to healthcare comprehend as set out inwards Articles 24 to xxx of Regulation (EC) No 883/2004 together with the corresponding reimbursement procedures shall apply betwixt the U.K. together with the Member State.
Article 30
Administrative cooperation
1. The U.K. shall get got the status of observer inwards the Administrative Commission. It may, where the items on the agenda concern the United Kingdom, ship a representative, to live nowadays inwards an advisory capacity, to the meetings of the Administrative Commission together with to the meetings of the Technical Commission for information processing together with of the Audit Board, both attached to the Administrative Commission where such items are discussed.
2. The U.K. shall choose component inwards the Electronic Exchange of Social Security Information (EESSI) together with deport the related costs.
Comment: I dropped the cross-references to Articles half-dozen together with vii of the Commission’s proposal.
Article 31
Development of police force together with adaptations of Union acts
1. Where Regulations (EC) No 883/2004 together with (EC) No 987/2009 are referred to inwards this Agreement together with where those Regulations are amended or replaced after the entry into strength of this Agreement, the reference to those Regulations shall live read as referring to them as amended or replaced, inwards accordance amongst the acts listed inwards [Part II of the Annex] to this Agreement.
The Joint Committee shall revise [Part II of the Annex] to this Agreement together with align it to whatever human activity amending or replacing Regulations (EC) No 883/2004 together with (EC) No 987/2009 as presently as such an human activity is adopted yesteryear the Union. To that end, the Union shall, as presently as possible after adoption, inform the U.K. within the Joint Committee of whatever human activity amending or replacing those Regulations.
2. Regulations (EC) No 883/2004 together with (EC) No 987/2009 shall, for the purposes of this Agreement, live understood as comprising the adaptations listed inwards [Part III of the Annex] to this Agreement. The U.K. shall, as presently as possible after adoption, inform the Union of whatever changes inwards domestic provisions of relevance to [Part III of the Annex] to this Agreement within the Joint Committee.
Provided that Regulations (EC) No 883/2004 together with (EC) No 987/2009 are respected, the Joint Committee shall revise [Part III of the Annex] on a proposal from the Union or the United Kingdom.
3. The Joint Committee shall better [Part I of the Annex] to reverberate whatever novel Decision or Recommendation adopted yesteryear the Administrative Commission. To that end, the Union shall, as presently as possible after adoption, inform the U.K. thereof within the Joint Committee.
The Decisions together with Recommendations of the Administrative Commission shall, for the purposes of this Agreement, live understood as comprising the adaptations set out inwards [Part I of the Annex]. Such adaptations shall, provided that Regulations (EC) No 883/2004 together with (EC) No 987/2009 as good as the relevant Decisions or Recommendations adopted yesteryear the Administrative Commission are respected, live made yesteryear the Joint Committee on a proposal of the Union or the United Kingdom.
TITLE IV
OTHER PROVISIONS
Article 32
Scope of rights
In honor of U.K. nationals together with their position unit of measurement members, the rights provided for yesteryear this Part shall non include farther gratis displace to the territory of approximately other Member State, the right of establishment inwards the territory of approximately other Member State, or the right to furnish services on the territory of approximately other Member State or to persons established inwards other Member States.
Article 33
Publicity
The Member U.S. together with the U.K. shall disseminate information concerning the rights together with obligations of persons covered yesteryear this Part, inwards detail yesteryear agency of awareness-raising campaigns conducted, as appropriate, through national together with local media together with other agency of communication.
Article 34
More favourable provisions
1. This Part shall non touching on whatever laws, regulations or administrative provisions applicable inwards a host State or a State of piece of work which would live to a greater extent than favourable to the persons concerned. This paragraph shall non apply to Title III.
2. Article eleven together with Article 21(1) shall live without prejudice to the Common Travel Area arrangements betwixt the U.K. together with Republic of Ireland as regards to a greater extent than favourable handling which may termination from these arrangements for the persons concerned.
Article 35
Life-long protection
The persons covered yesteryear this Part shall bask the rights provided for therein for their lifetime, unless they cease to run into the weather condition set out therein.
PART THREE
INSTITUTIONAL AND FINAL PROVISIONS
TITLE I
CONSISTENT INTERPRETATION AND APPLICATION
Article 36 (ex-Article 151)
References to the Court of Justice of the European Union
Where, inwards a instance which has commenced at start instance within 8 years from the entry into strength of this Agreement earlier a courtroom or tribunal inwards the United Kingdom, a inquiry is raised concerning the interpretation of this Agreement, together with where a courtroom or tribunal inwards the U.K. seized amongst that instance considers that a determination on that inquiry is necessary to enable it to give judgment inwards that case, it may asking the Court of Justice of the European Union to give a preliminary ruling on that question. The Court of Justice of the European Union shall get got jurisdiction to give preliminary rulings on such requests. The legal effects inwards the U.K. of such preliminary rulings shall live the same as the legal effects of preliminary rulings given pursuant to Article 267 TFEU inwards the Union together with its Member States.
Article 37 (ex-Article 152)
Monitoring of the implementation together with application
The U.K. shall ready an independent Authority to monitor the implementation together with application of this Agreement. That Authority shall get got the powerfulness to have together with investigate complaints from Union citizens together with their position unit of measurement members, together with to demeanor inquiries on its ain initiative, concerning alleged breaches yesteryear administrative authorities of the U.K. of their obligations nether this Agreement. The Authority may brand its findings public. Where it considers that the administrative authorisation concerned has non acted appropriately on its findings, together with without prejudice to whatever remedies available to the Union citizens or position unit of measurement members concerned, the Authority shall get got the right to convey a legal activity earlier a competent courtroom or tribunal inwards the U.K. inwards an appropriate judicial physical care for amongst a sentiment to seeking adequate redress. The Authority shall inform the European Commission of whatever such legal actions brought earlier courts or tribunals inwards the United Kingdom. It may also consult the European Commission earlier bringing such legal actions together with the European Commission may suggest to the Authority to convey such legal actions.
Article 38 (ex-Article 154)
Submission of statements of instance or written observations
Where a courtroom or tribunal of a Member State refers a inquiry concerning the interpretation of this Agreement to the Court of Justice of the European Union for a preliminary ruling, the determination of the national courtroom or tribunal containing that inquiry shall live notified to the United Kingdom. The U.K. shall live entitled to submit statements of instance or written observations to the Court of Justice of the European Union within 2 months of such notification.
Article 39 (ex-Article 155)
Participation of the European Commission inwards cases pending inwards the United Kingdom
Where the consistent interpretation together with application of this Agreement therefore requires, the European Commission may submit written observations to the courts or the tribunals inwards the U.K. inwards pending cases where the interpretation of the Agreement is concerned. The European Commission may, amongst the permission of the courtroom or tribunal inwards question, also brand oral observations. The European Commission shall inform the U.K. of its intention to submit observations earlier formally doing so.
Article twoscore (ex-Article 156)
Regular dialogue together with telephone substitution of information
In club to facilitate the consistent interpretation of this Agreement together with inwards total deference to the independence of courts, the Court of Justice of the European Union together with the United Kingdom's highest courts shall engage inwards a regular dialogue, analogous to the i which the Court of Justice of the European Union pursues amongst the highest courts of the Member States.
TITLE II
INSTITUTIONAL PROVISIONS
Article 41 (ex-Article 157)
Joint Committee
1. A Joint Committee is hereby established, comprising representatives of the Union together with of the United Kingdom. The Joint Committee shall live co-chaired yesteryear the Union together with the United Kingdom.
2. The Joint Committee shall run into at to the lowest degree in i lawsuit a twelvemonth or at the asking of the Union or the United Kingdom. The Joint Committee shall set its coming together schedule together with its agenda yesteryear usual consent.
3. The Joint Committee shall live responsible for the implementation together with application of this Agreement. The Union or the U.K. may refer to the Joint Committee whatever number relating to the implementation, application together with interpretation of this Agreement.
4. The Joint Committee shall:
(a) supervise together with facilitate the implementation together with application of this Agreement;
(b) seek appropriate ways together with methods of preventing problems that powerfulness arise inwards areas covered yesteryear this Agreement or of resolving disputes that may arise regarding the interpretation together with application of this Agreement;
(c) adopt its ain rules of procedure;
(d) consider whatever affair of involvement relating to an expanse covered yesteryear this Agreement;
(e) adopt decisions together with brand recommendations as set out inwards Article 159;
(f) adopt amendments to this Agreement inwards the cases provided for inwards this Agreement.
5. The Joint Committee may take such other activity inwards the do of its functions as decided yesteryear the Union together with the United Kingdom.
6. The Joint Committee shall number an annual written report on the functioning of this Agreement.
Comments: I deleted references to sub-committees inwards Article 158 of the Commission proposal, as they are unnecessary inwards the context of a narrower agreement.
Article 42 (ex-Article 159)
Decisions together with recommendations
1. The Joint Committee shall, for the purposes of this Agreement, get got the powerfulness to adopt decisions inwards honor of all matters for which this Agreement therefore provides together with brand appropriate recommendations to the Union together with the United Kingdom.
2. The decisions adopted yesteryear the Joint Committee shall live binding on the Union together with the United Kingdom, together with the Union together with the U.K. shall implement them. They shall get got the same legal effect as this Agreement.
3. The Joint Committee shall adopt its decisions together with brand its recommendations yesteryear usual consent.
TITLE III
DISPUTE SETTLEMENT
Article 43 (ex-Article 160)
Cooperation
The Union together with the U.K. shall, at all times, endeavor to concur on the interpretation together with application of this Agreement, together with shall brand every elbow grease through cooperation together with consultations to larn inwards at a mutually satisfactory resolution of whatever affair that powerfulness touching on its operation.
Article 44 (ex-Article 161)
Exclusivity
For whatever dispute betwixt the Union together with the U.K. arising nether this Agreement, the Union together with the U.K. shall entirely get got recourse to the procedures provided for inwards this Agreement.
Article 45
Settlement of disputes (ex-Article 162)
1. The Union or the U.K. may convey whatever dispute which concerns the interpretation or application of this Agreement earlier the Joint Committee.
2. The Joint Committee may settle the dispute through a recommendation. It shall live provided amongst all information which powerfulness live of usage inwards making possible an in-depth exam of the situation, amongst a sentiment to finding an acceptable solution. To this end, the Joint Committee shall examine all possibilities to keep the skillful functioning of the Agreement.
3. The Joint Committee may, at whatever point, determine to submit the dispute brought earlier it to the Court of Justice of the European Union for a ruling. The Court of Justice of the European Union shall get got jurisdiction over such cases together with its rulings shall live binding on the Union together with the United Kingdom.
4. If the dispute has non been settled within iii months after it was brought earlier the Joint Committee together with has non been submitted to the Court of Justice of the European Union yesteryear the Joint Committee pursuant to paragraph 3, the dispute may live submitted to the Court of Justice of the European Union for a ruling at the asking of either the Union or the United Kingdom. The Court of Justice of the European Union shall get got jurisdiction over such cases together with its rulings shall live binding on the Union together with the United Kingdom.
Comment: I deleted a cross-reference to Article 153.
Article 46 (ex-Article 163)
Non-compliance
1. Where the Union or the U.K. consider that the other has non taken the necessary measures to comply amongst the judgment of the Court of Justice of the European Union resulting from proceedings referred to inwards Article 45, either the Union or the U.K. may convey the instance earlier the Court of Justice of the European Union. The Court of Justice of the European Union shall get got jurisdiction over such cases together with its rulings shall live binding on the Union together with the United Kingdom.
2. If the Court of Justice of the European Union finds, inwards proceedings brought earlier it pursuant to paragraph 1, that the Union or the United Kingdom, as the instance may be, has non complied amongst its judgement, it may impose a lump total or penalization payment on it.
Comments: I deleted the prospect of suspending parts of the understanding nether the proposed Article 163(3), since it did non apply to citizens’ rights issues.
Article 47 (ex-Article 164)
Procedural rules together with powers
Proceedings brought to the Court of Justice of the European Union pursuant to Article 45 or 46 shall live governed yesteryear the Rules of Procedure set out inwards [Annex y+3] to this Agreement.
TITLE IV
FINAL PROVISIONS
Article 48 (ex-Article 166)
Annexes [y to y+x] shall cast an integral component of this Agreement
Article 49 (ex-Article 167)
Authentic texts
This Agreement, drawn upwardly inwards a unmarried master copy inwards the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Castilian together with Swedish languages, the texts inwards each of these languages existence as authentic, shall live deposited inwards the archives of the Council, which shall transmit a certified re-create to the United Kingdom.
Article 50 (ex-Article 168)
Entry into strength together with application
This Agreement shall displace into into strength on xxx March 2019.