Activities of Danuta Maria HÜBNER related to 2020/2202(INI)
Plenary speeches (1)
Implementation report on the Agreement on the withdrawal of the UK from the EU - The Windsor Framework (debate)
Shadow reports (1)
REPORT on the implementation report on the Agreement on the withdrawal of the UK from the EU
Amendments (30)
Amendment 1 #
Motion for a resolution
Citation 3
Citation 3
— having regard to the Good FridayBelfast Agreement of 10 April 1998, signed by the Government of the UK, the Government of Ireland and the other participants in the multi-party negotiations (the ‘Good Friday Agreement’),
Amendment 4 #
Motion for a resolution
Recital B
Recital B
B. whereas the relationship between the EU and the UK must be based on full respect for the international commitments that both parties have negotiated, signed and ratified and which constitutes binding legal obligations for both sides;
Amendment 5 #
Motion for a resolution
Recital C
Recital C
C. whereas the Withdrawal Agreement protects the rights of EU citizens living in the UK and of UK citizens living in the EU in accordance with Part II of the Agreement; whereas protection of these rights legally continues beyond the completion of the UK’s exit;
Amendment 8 #
Motion for a resolution
Recital D
Recital D
D. whereas the Withdrawal Agreement provides for an orderly and fair financial settlement with the UK;
Amendment 9 #
Motion for a resolution
Recital E
Recital E
E. whereas the Protocol on Ireland/Northern Ireland avoids a ‘hard border’ on the island of Ireland, ensures the functioning of an all-island economy and safeguardings the Good Friday Agreement while ensurprotecting the integrity of the EU’s single market;
Amendment 16 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the Withdrawal Agreement allowed for the orderly withdrawal of the UK from the EU, minimizing social and economic disruption and avoiding a ‘cliff edge’ scenario;
Amendment 18 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, as expected, Brexit has proven to be damaging for all concerned, and even more so for the UK; points out that it would have been much worsthe disruption and legal uncertainty caused by the UK withdrawal would have been much worse for citizens, businesses, and public administrations in the EU and UK alike without the Withdrawal Agreement;
Amendment 24 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that some important improvements are still to be made to safeguard citizens’ rights and that the first three years of the implementation of the Withdrawal Agreement have been tarnished by the UK’s continuous breaches of its commitments under the Protocol on Ireland/Northern Ireland; underlines that the UK’s unilateral actions disregarding provisions of the Protocol are in violation of international law;
Amendment 26 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. SReiterates that the provisions of the Withdrawal Agreement must be respected and implemented; stresses that compliance with treaties constitutes a fundamental principle of international law and that a trusting relationship between the EU and the UK depends on all parties respecting their legally binding commitments;
Amendment 28 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the [adoption] of the Regulation laying down rules for the exercise of the Union’s rights in the implementation and enforcement of the Withdrawal Agreement and the EU-UK Trade and Cooperation Agreement; recalls that prior to that regulation, the Union was not equipped with an effective crisis management tool to proportionately respond to UK breeches of the Withdrawal Agreement;
Amendment 31 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that the Withdrawal Agreement provides that all EU citizens who were legally residing in the UK and all UK nationals who were legally residing in an EU Member State on 31 December 2020 enjoy the full set of rights established under EU law; underlines that the protection of these rights is contingent on the full implementation of the Withdrawal Agreement;
Amendment 34 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the UK’s establishment of the EU Settlement Scheme to fulfil its obligations to EU citizens and their family members; expresses concern at the high number of applicants, up to 41 %, who awere only accorded pre-settled status; is worried that EU citizens with pre-settled status have to make a second application to obtain settled status, which might lead to an automatic and illegal loss of their rights;
Amendment 36 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Is concerned by the very long delays in decision-making by the UK government related to citizens’ rights; notes that as of June 2022, 225,000 applications were waiting for a decision, most of which for more than six months; is particularly concerned about the delays regarding cases of family reunification; draws attention to the fact that delays in decision-making for family reunification cases went from an average of 95 calendar days in July 2021 to 291 calendar days in June 2022; calls on the UK government to do its utmost to speed up its decision-making process;
Amendment 40 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Recognizes that the UK government chose to not decline any applications if they have been submitted past the official deadline; welcomes the flexibility shown by the UK government in that regard;
Amendment 41 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Notes that the UK government chose to establish a two-step system whereby pre-settled EU citizens will have to apply in a non-automatic manner to request their settled status; reminds that the first wave of EU citizens with pre- settled status that will have to apply for their settled status will start in the second half of 2023; expresses concern that during their second application, eligible EU citizens will have to prove continued residence, making the settled status application procedure more onerous than the pre-settled one;
Amendment 43 #
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Commends the contribution of the UK’s Independent Monitoring Authority (IMA) in upholding EU citizens’ rights; is closely following the legal challenge brought by the IMA before the UK High Court on the UK government’s position that EU citizens who fail to either apply for settled status or re-apply for pre- settled status before the expiry of their pre-settled status will automatically lose their rights; stresses that under Article 15(3) of the Withdrawal Agreement, once citizens acquire the right of permanent residence, it can only be lost through absence from the home state for a period exceeding five consecutive years; supports the Commission in its participation in the court proceedings;
Amendment 51 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes with concern that a substantial number of EU citizens and their family members with a digital UK residence status encounter problems with carriers when boarding flights back to the UK; calls on the UK government to continue working with carriers to find solutions;
Amendment 52 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Is worried that EU citizens with pre-settled status may lose all their rights in the UK upon imprisonment; recalls that under the Withdrawal Agreement, EU citizens with pre-settled status that are imprisoned should see their 5-year clock reset but not lose their pre-settled status; calls on the UK government to keep guaranteeing imprisoned EU citizens with pre-settled status’ residence rights to as provided by the Withdrawal Agreement;
Amendment 53 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Is concerned about the difficulties faced by UK nationals in clarifying their status in some EU countries; calls on Member States to show a similar degree of flexibility as the UK government does regarding the processing of late applications; welcomes the Commission’s initiatives to provide guidance to the Member States in this respect;
Amendment 55 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Highlights the importance of grassroots organizations in advocating that citizens’ rights are respected in the UK and the EU in accordance with the Withdrawal Agreement; commends in particular the work done by ‘The3Million’ and ‘British In Europe’; notes with regret that some of the organizations advocating for UK citizens’ rights in Europe have had to cease their work due to their lack of funding;
Amendment 56 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Takes note of the regular publication of joint reports on the implementation of residence rights under the Withdrawal Agreement by the EU-UK Specialised Committee on Citizens’ Rights and of the annual reports from the Secretariat to the Joint Committee; highlights their usefulness in the monitoring of the implementation of Part II of the Withdrawal Agreement;
Amendment 58 #
Motion for a resolution
Subheading 3
Subheading 3
The Protocol on Ireland/Northern Ireland
Amendment 59 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recalls that the Protocol was agreed as a compromise to safeguard the Good Friday Agreement in all its parts and prevent the establishment of a physical border on the island of Ireland, while protecting the integrity of the EU single market; recalls, furthermore, that the final version of the Protocol was in fact proposed by the UK Government, leading to the abandonment of the previous versions of the ‘backstop’;
Amendment 62 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Strongly regrets the UK’s lack of political will and failure to act in good faith and in compliance with its commitments under the Protocol; regrets, in particular, the lack of support given to the EU staff in charge of monitoring customs checks in the Irish Sea, the insufficient access to UK customs data and the successive unilateral grace periods that have undermined border checks, in clear breach of the Protocol; welcomes the ongoing work at technical level between the Commission and the UK to ensure access of EU services to UK live customs data for risk analysis purposes; expects a prompt finalization of the arrangement;
Amendment 64 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that any breach of the Protocol is a breach of international legal commitments and an unacceptable showdemonstration of disrespect for the rule of law;
Amendment 66 #
14. Expresses strong concerns about the UK’s continued preference for the use of unilateral measures to amend and/or break the bilateral agreements despite of the availability of two dispute settlement mechanisms envisaged in the Withdrawal Agreement; notes that the UK government first intended to do so via its Internal Market Bill; is particularly worried about the continuation of this trend with the recently proposed Northern Ireland Protocol Bill, whereby the UK Government ich would give UK Minsists oners far-ranging unilaterally rights to disapplying provisions of the Protocol; recalls that a bilateral agreement cannot be changed unilaterally; calls on the UK Government to immediately withdraw this proposal, refrain from unilateral action and fully implement the agreements that it has signed;
Amendment 70 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls the unilateral declaration made by the UK Government, in the context of the Protocol, concerning the operation of the ‘Democratic consent in Northern Ireland’ provision in a manner consistent with the Good Friday Agreement; underlines that, in accordance with that unilateral declaration, ‘democratic consent’ to the Protocol does not necessarily require cross-community support, but rather must be provided in due time by the majority of the Northern Ireland Assembly; recalls that in the most recent elections in Northern Ireland, a clear majority of voters voted for parties that supported the Protocol; strongly encourages the Commission to pursue its outreach activities with all communities in Northern Ireland;
Amendment 75 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reiterates its opposition to any renegotiation of the Protocol; welcomes the proposals madeset of bespoke arrangements proposed by the Commission in October 2021 to find reasonable and flexible solutions for the smooth implementation of the Protocol and urges the UK Government to engage constructively vis-à-vis these efforts through the EU-UK Joint Committee with a view to reaching a jointly agreed permanent solution as soon as possible;
Amendment 80 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the fact that the governance structures responsible for the implementation of the Withdrawal Agreement are fully operational, in particular its Specialized Committee on Citizens’ rights, which meets very regularly; calls on the UK to make full use of these structures instead of pursuing unilateral action;
Amendment 81 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the active involvement of the EU-UK Parliamentary Partnership Assembly (PPA); believes that this Assembly provides a good framework for parliamentary cooperation on common challenges, including on the implementation of the Withdrawal Agreement and the Protocol on Ireland/Northern Ireland; recalls that in its letter of 8 November 2022 to the Partnership Council the EU-UK PPA took note of the abovementioned difficulties with the implementation of the EU Settlement Scheme, welcomed the work of the IMA, pointed out that different nationalities are treated differently by the UK when applying for work visas, and called on the Partnership Council to set out a future mobility scheme for young people between the EU and the UK; welcomes that devolved territories were given an active role during the second meeting of the EU-UK PPA in November 2022;