2019-2024

Committee on Foreign Affairs

2020/2136(INI)

23.3.2021

AMENDMENTS 1 - 28

Draft opinion (PE689.561v01-00)

Assessment of the implementation of Article 50 TEU (2020/2136(INI))

AM\1227481EN.docx PE691.083v01-00

EN United in diversityEN AM_Com_NonLegOpinion

PE691.083v01-00 2/15 AM\1227481EN.docx EN Amendment 1 Jaak Madison, Lars Patrick Berg, Harald Vilimsky, Susanna Ceccardi

Draft opinion Recital A a (new)

Draft opinion Amendment

A a. whereas Article 50 guarantees the right of every Member State to withdraw from the European Union in accordance with its national constitutional requirements; whereas this right should be respected and Member States should be able to invoke this right without fear of retaliation or hostile behaviour on the part of the European Union or the other Member States;

Or. en

Amendment 2 Fabio Massimo Castaldo

Draft opinion Recital B a (new)

Draft opinion Amendment

Ba. whereas the Political Declaration setting out a framework for the future relationship between the EU and the UK establishes the parameters for an ambitious, broad, deep and flexible partnership extending to foreign policy, security and defence and wider areas of cooperation;

Or. it

Amendment 3 Ruiz

Draft opinion Recital B a (new)

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B a. whereas the involvement and the oversight of the European Parliament is fundamental in the whole process, guaranteeing transparency and political accountability;

Or. en

Amendment 4 , , Klemen Grošelj, Marie-Pierre Vedrenne, , Petras Auštrevičius, María Soraya Rodríguez Ramos,

Draft opinion Recital B a (new)

Draft opinion Amendment

B a. Considering the current tensions generated by the UK's failure to comply with its obligations under the Protocol on Ireland and Northern Ireland;

Or. en

Amendment 5 Fabio Massimo Castaldo

Draft opinion Recital B b (new)

Draft opinion Amendment

Bb. whereas the Protocol on Ireland/Northern Ireland is an integral part of the Withdrawal Agreement, which has the formal status of a Treaty and is therefore fully binding under international law; whereas the main purpose of the Protocol is to protect the Good Friday Agreements, which have ensured security and peace on the island of Ireland in recent decades;

PE691.083v01-00 4/15 AM\1227481EN.docx EN Or. it

Amendment 6 Jaak Madison, Lars Patrick Berg, Harald Vilimsky, Susanna Ceccardi

Draft opinion Paragraph 1

Draft opinion Amendment

1. Recalls that, as per Article 50(2) 1. Recalls that, as per Article 50(2) TEU, withdrawal agreements are to take TEU, withdrawal agreements are to take account of the framework for the account of the framework for the withdrawing state’s future relationship withdrawing state’s future relationship with the Union; with the Union; emphasises that the withdrawal agreement should be negotiated in good faith by both the EU and the withdrawing Member State; emphasises that the EU should not seek to punish the withdrawing State when negotiating the withdrawal agreement;

Or. en

Amendment 7 David McAllister

Draft opinion Paragraph 1 a (new)

Draft opinion Amendment

1 a. Welcomes that the Withdrawal Agreement included “specific arrangements relating to the Union's external action” whereby, namely the United Kingdom was bound during the transition period by the obligations stemming from the international agreements concluded by the Union to implement the Union's restrictive measures in place or decided during the transition period, to support EU statements and positions in third countries and international organisations and to participate on a case by case basis in EU

AM\1227481EN.docx 5/15 PE691.083v01-00 EN military operations and civilian missions established under the Common and Security Defence Policy (CSDP), yet without any leading capacity through a Framework Participation Agreement; underlines that these arrangements were put in place in order not to disrupt the UK's participation in the mentioned policy during the transition period;

Or. en

Amendment 8 David McAllister

Draft opinion Paragraph 1 b (new)

Draft opinion Amendment

1 b. Notes that the Withdrawal Agreement included a provision for early agreements on the future EU-UK relationship in the area of CFSP and CSDP;

Or. en

Amendment 9 David McAllister

Draft opinion Paragraph 1 c (new)

Draft opinion Amendment

1 c. Regrets that despite the mutual interest in such an agreement, which would be based on shared values, contributing to promotion of peace and strengthening of the rules-based global order, the parties could not take advantage of this possibility, due to the UK government's unwillingness to negotiate on foreign and security policy cooperation;

PE691.083v01-00 6/15 AM\1227481EN.docx EN Or. en

Amendment 10 Jaak Madison, Lars Patrick Berg, Harald Vilimsky

Draft opinion Paragraph 2

Draft opinion Amendment

2. Recalls that the framework for the 2. Understands why the UK did not future relationship between the EU and wish to include provisions regarding the UK was laid down in the Political cooperation with the Union in the areas of Declaration accompanying the foreign policy, security and defence; Withdrawal Agreement, which includes clear provisions established by both parties on cooperation in the areas of foreign policy, security and defence;

Or. en

Amendment 11 Jaak Madison, Lars Patrick Berg, Harald Vilimsky

Draft opinion Paragraph 3

Draft opinion Amendment

3. Regrets that the legally non- deleted binding nature of the Political Declaration gave the UK legal grounds not to engage with crucial parts of its content, in particular those relating to foreign and security policy, which therefore formed no part of the negotiations;

Or. en

Amendment 12 Jérôme Rivière, Thierry Mariani

Draft opinion

AM\1227481EN.docx 7/15 PE691.083v01-00 EN Paragraph 3

Draft opinion Amendment

3. Regrets that the legally non- 3. Considers it perfectly legitimate binding nature of the Political for the United Kingdom, as a sovereign Declaration gave the UK legal grounds state, not to have envisaged concluding an not to engage with crucial parts of its agreement binding it structurally with the content, in particular those relating to European Union regarding foreign and foreign and security policy, which defence policy issues; therefore formed no part of the negotiations;

Or. fr

Amendment 13 Anna Fotyga

Draft opinion Paragraph 3

Draft opinion Amendment

3. Regrets that the legally non-binding 3. Notes that the legally non-binding nature of the Political Declaration gave the nature of the Political Declaration gave the UK legal grounds not to engage with UK legal grounds not to engage crucial parts of its content, in particular with important parts of its content, in those relating to foreign and security particular those relating to foreign and policy, which therefore formed no part of security policy, which therefore formed no the negotiations; part of the negotiations;

Or. en

Amendment 14 Fabio Massimo Castaldo

Draft opinion Paragraph 3 a (new)

Draft opinion Amendment

3a. Hopes that, on the basis of the commitments contained in the Political Declaration setting out the framework for future relations between the European Union and the United Kingdom, an

PE691.083v01-00 8/15 AM\1227481EN.docx EN agreement can be concluded as soon as possible on cooperation in the field of foreign policy, security and defence policy, modelled for example on the Strategic Partnership Agreement - SPA) already concluded with Canada and Japan;

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Amendment 15 David McAllister

Draft opinion Paragraph 3 a (new)

Draft opinion Amendment

3 a. Regrets that this resulted in a missed opportunity for both sides to negotiate a close and stable cooperation in the field of foreign and security policy, which would have been of mutual interest;

Or. en

Amendment 16 Idoia Villanueva Ruiz

Draft opinion Paragraph 3 a (new)

Draft opinion Amendment

3 a. Takes into account that any cooperation between the EU and the UK relation to foreign policy, security and defence must be in line with international law and the defence of human rights;

Or. en

Amendment 17

AM\1227481EN.docx 9/15 PE691.083v01-00 EN Idoia Villanueva Ruiz

Draft opinion Paragraph 3 b (new)

Draft opinion Amendment

3 b. Stresses that, although the Political Declaration has not been honoured and there is no agreement on foreign policy and defence, both sides should continue to cooperate on foreign policy, through the promotion of democracy, peace and the rule of law, human security and global stability, the protection of human rights and fundamental freedoms, the fight against climate change, the protection of women's and LGBTQI+ rights, and disarmament and non-proliferation;

Or. en

Amendment 18 Fabio Massimo Castaldo

Draft opinion Paragraph 3 b (new)

Draft opinion Amendment

3b. Deplores the attitude of the United Kingdom Government, which has on several occasions demonstrated its willingness to unilaterally modify the implementation of the Protocol on Northern Ireland annexed to the Withdrawal Agreement; considers that Protocol issues should be addressed through the structures provided for in the Withdrawal Agreement in order to preserve mutual trust and future relations between the EU and the UK;

Or. it

PE691.083v01-00 10/15 AM\1227481EN.docx EN Amendment 19 Anna Fotyga

Draft opinion Paragraph 4

Draft opinion Amendment

4. Believes that for the framework on 4. Believes that while a political the future relationship between a declaration on the future relationship withdrawing Member State and the Union between a withdrawing Member State and to inform the withdrawal agreement, its the Union and a withdrawal agreement nature must in future be unequivocal, remain different in nature, the future aim irrevocable and binding on the should be to keep the framework as negotiations on the future relationship upon convergent as possible during the the entry into force of the relevant negotiations on the future relationship upon withdrawal agreement. the entry into force of the relevant withdrawal agreement.

Or. en

Amendment 20 Jaak Madison, Lars Patrick Berg, Harald Vilimsky

Draft opinion Paragraph 4

Draft opinion Amendment

4. Believes that for the framework on 4. Notes that there are numerous the future relationship between a variables that could affect the position of withdrawing Member State and the Union the parties in the time that lapses between to inform the withdrawal agreement, its the drafting of the withdrawal agreement nature must in future be unequivocal, and that of the framework on the future irrevocable and binding on the negotiations relationship, which is why the withdrawal on the future relationship upon the entry agreement cannot be unequivocal, into force of the relevant withdrawal irrevocable and binding on the negotiations agreement. on the future relationship.

Or. en

Amendment 21 Vladimír Bilčík

Draft opinion Paragraph 4 a (new)

AM\1227481EN.docx 11/15 PE691.083v01-00 EN Draft opinion Amendment

4 a. Reiterates the importance of parliamentary scrutiny at all stages of this process; underlines the importance of the European Parliament's crucial role in the withdrawal procedure; in this respect, notes the importance of full application of Article 218 (10) TFEU with regards to Parliament's prerogatives regarding the withdrawal, which states that the European Parliament must be informed at all stages of the procedure of negotiations between the Union and third countries; underlines that the Commission must keep Parliament informed on an equal footing with the Council;

Or. en

Amendment 22 Javier Nart

Draft opinion Paragraph 4 a (new)

Draft opinion Amendment

4a. Underlines the difficulties encountered by the EU Delegation to the United Kingdom concerning recognition of its status at a time when its work is particularly necessary following the withdrawal of the United Kingdom from the European Union; hopes that solutions will be found and implemented rapidly to enable the EU Delegation to the UK to fulfil its mission effectively, with equivalent measures in any case being applied on a reciprocal basis to the United Kingdom;

Or. es

Amendment 23

PE691.083v01-00 12/15 AM\1227481EN.docx EN Nathalie Loiseau, Javier Nart, Klemen Grošelj, Marie-Pierre Vedrenne, Bernard Guetta, Petras Auštrevičius, María Soraya Rodríguez Ramos, Liesje Schreinemacher

Draft opinion Paragraph 4 a (new)

Draft opinion Amendment

4 a. 1. Is deeply concerned about recent decisions taken unilaterally by the United Kingdom and going against the full implementation of the Withdrawal Agreement to which both parties have committed; supports the actions taken by the Commission and calls on the UK to quickly return to a cooperative and good faith attitude;

Or. en

Amendment 24 Jaak Madison, Lars Patrick Berg, Harald Vilimsky

Draft opinion Paragraph 4 b (new)

Draft opinion Amendment

4 b. Regrets that the Commission has initiated infringement proceedings against the UK, a sovereign non-Member State, for an alleged breach of the Northern Ireland Protocol.

Or. en

Amendment 25 Idoia Villanueva Ruiz

Draft opinion Paragraph 4 a (new)

Draft opinion Amendment

4 a. Underlines that during the implementation of Article 50 numerous

AM\1227481EN.docx 13/15 PE691.083v01-00 EN disruptions have occurred and a high level of geopolitical uncertainty has developed; in this regard, invites the Commission to incorporate legal and binding mechanisms into the framework of potential withdrawals to avoid such disruptions

Or. en

Amendment 26 Jaak Madison, Lars Patrick Berg, Harald Vilimsky

Draft opinion Paragraph 4 a (new)

Draft opinion Amendment

4 a. Believes that after a Member State has withdrawn from the European Union, its own judicial system should reign supreme, in accordance with the principle of sovereignty;

Or. en

Amendment 27 Nathalie Loiseau, Javier Nart, Klemen Grošelj, Marie-Pierre Vedrenne, Bernard Guetta, Petras Auštrevičius, María Soraya Rodríguez Ramos

Draft opinion Paragraph 4 b (new)

Draft opinion Amendment

4 b. 1. Recalls that the Withdrawal Agreement provides that the practical modalities of its implementation can be discussed in the Joint Committee, while the EU has already shown flexibility in granting grace periods, a deliberate and unilateral violation of commitments made will have consequences;

Or. en

PE691.083v01-00 14/15 AM\1227481EN.docx EN Amendment 28 Nathalie Loiseau, Javier Nart, Klemen Grošelj, Marie-Pierre Vedrenne, Bernard Guetta, Petras Auštrevičius, María Soraya Rodríguez Ramos, Liesje Schreinemacher

Draft opinion Paragraph 4 c (new)

Draft opinion Amendment

4 c. 3. Stresses the difficulties encountered by the EU delegation in the United Kingdom with regard to the recognition of its status, at a time when its work is particularly necessary following the withdrawal of the United Kingdom from the European Union; hopes that solutions can be found and implemented rapidly to enable the EU delegation in the United Kingdom to fulfil its mission effectively;

Or. en

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