(1)

On 29 December 2020, the Commission concluded, on behalf of the European Atomic Energy Community (‘the Community’), the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (1) (the ‘Trade and Cooperation Agreement’). The Trade and Cooperation Agreement was applied provisionally as of 1 January 2021 and entered into force on 1 May 2021. The Trade and Cooperation Agreement covers matters falling under competences of the Community, namely the association with the Research and Training programme of the Community and with the European Joint Undertaking for the International Thermonuclear Experimental Reactor (ITER) and the Development of Fusion Energy governed by Part Five of the Trade and Cooperation Agreement (Participation in Union programmes, sound financial management and financial provisions).

(2)

The Trade and Cooperation Agreement provides that the Parties may adopt unilateral measures, in particular as regards the suspension of certain obligations under that Agreement, in the specific cases and subject to the conditions and procedures laid down therein. As regards matters falling under the Treaty establishing the European Atomic Energy Community (the ‘Euratom Treaty’), unilateral measures may be adopted by the Community in the cases and under the conditions laid down in Articles 718 and 719 of the Trade and Cooperation Agreement. Those unilateral measures concern the partial or total suspension of the participation of the United Kingdom in Union programmes as well as its partial or total termination.

(3)

Should the need arise to protect its interests in the implementation of the Trade and Cooperation Agreement, the Community should be in a position to make appropriate use of the instruments available to it swiftly and in a proportionate, effective and flexible manner, while fully involving Member States. It is therefore necessary to lay down rules and procedures governing the adoption of unilateral measures in the exercise of the Community’s rights under the Trade and Cooperation Agreement.

(4)

Unilateral measures should be limited to what is strictly necessary to achieve their purpose, having regard to the actual or potential damage to Community interests arising from the case. They should meet the conditions laid down in Articles 718 and 719 of the Trade and Cooperation Agreement.

(5)

The rules and procedures laid down in this Regulation should take precedence over any provisions of Community law governing the same subject matter.

(6)

In order to ensure that this Regulation remains fit for purpose, the Commission should undertake, within three years of its entry into force, a review of its scope and implementation and report its findings to the European Parliament and to the Council. That review should, where appropriate, be accompanied by relevant legislative proposals.

(7)

The procedure for adopting autonomous measures in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (2) pursuant to this Regulation is without prejudice to the continued and permanent exercise by the Council of its policy-making, coordination and decision-making functions conferred by the Treaties, insofar as the implementation of the Trade and Cooperation Agreement between the European Union and the United Kingdom is concerned.

(8)

To give effect to the powers laid down in Article 16(1) of the Treaty on European Union and in Article 101 of the Euratom Treaty, the internal decision-making in relation to the implementation of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community and of the Trade and Cooperation Agreement is reflected in Council Decisions (EU) 2020/135 (3) and (EU) 2021/689 (4). In order for the Council to be in a position to exercise fully its policy-making, coordination and decision-making functions in that regard, the Council should be kept continuously informed on a permanent and regular basis of the implementation of those Agreements, including about all difficulties that might arise, in particular possible breaches of those Agreements and other situations that may give rise to measures taken pursuant to this Regulation. In that regard, the Council should be duly informed in a timely manner of possible responses at the disposal of the Community to ensure a full and proper implementation of those Agreements, as well as of the follow-up to any measures taken.

(9)

In order to ensure uniform conditions for the implementation of this Regulation, and in particular in order to ensure the swift, effective and flexible exercise of the corresponding Community’s rights under the Trade and Cooperation Agreement, implementing powers should be conferred on the Commission to adopt unilateral measures and to give effect to those measures as necessary in the internal legal order of the Community. Those powers should also extend to the modification, suspension or repeal of the adopted measures. They should be exercised in accordance with Regulation (EU) No 182/2011. Given that the envisaged measures entail the adoption of acts of general scope, the examination procedure should be used for the adoption of those measures. The Commission should adopt immediately applicable implementing acts where, in duly justified cases, imperative grounds of urgency so require for the appropriate protection of the Community’s interests,