ONGOING POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS

Ongoing judicial cooperation proceedings in criminal matters I

In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following acts shall apply as follows:

• the Convention, on Mutual Assistance in Criminal Matters between the Member States of the European Union, shall apply in respect of mutual legal assistance requests received under the respective instrument before the end of the transition period by the central authority or judicial authority;
• Council Framework Decision shall apply in respect of European arrest warrants where the requested person was arrested before the end of the transition period for the purposes of the execution of a European arrest warrant, irrespective of the decision of the executing judicial authority as to whether the requested person is to remain in detention or be provisionally released;
• Council Framework Decision shall apply in respect of freezing orders received before the end of the transition period by the central authority or the competent judicial authority for execution, or by a judicial authority in the executing State with no jurisdiction to recognise or execute a freezing order, but which transmits the freezing order ex officio to the competent judicial authority for execution;
• Council Framework Decision shall apply in respect of decisions received before the end of the transition period by the central authority or the competent authority in the executing State, or by an authority of the executing State with no jurisdiction to recognise or execute a decision, but which transmits the decision ex officio to the competent authority for execution;
• Council Framework Decision shall apply in respect of confiscation orders received before the end of the transition period by the central authority or the competent authority of the executing State, or by an authority in the executing State with no jurisdiction to recognise or execute a confiscation order, but which transmits the confiscation order ex officio to the competent authority for execution;
  • Council Framework Decision on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union shall apply:
  • in respect of judgments received before the end of the transition period by the competent authority of the executing State, or by an authority of the executing State with no competence to recognise and enforce a judgment, but which transmits the judgment ex officio to the competent authority for execution;
• Council Framework Decision shall apply in respect of new criminal proceedings that are initiated before the end of the transition period;
• Council Framework Decision shall apply in respect of requests for information on conviction received before the end of the transition period by the central authority; however, after the end of the transition period, replies to such requests shall not be transmitted through the European Criminal Records Information System
• Council Framework Decision shall apply in respect of decisions on supervision measures received before the end of the transition period by the central authority or the competent authority in the executing State, or by an authority of the executing State with no competence to recognise a decision, but which forwards it ex officio to the competent authority for execution;
• the relevant EU Directive shall apply in respect of requests for information received before the end of the transition period by the central authority; however, after the end of the transition period, replies to such requests shall not be transmitted through the European Criminal Records Information System
• the relevant EU Directive Directive shall apply in respect of European protection orders received before the end of the transition period by the central authority or the competent authority of the executing State, or by an authority of the executing State with no competence to recognise a European protection order, but which forwards it ex officio to the competent authority for execution;
• the relevant EU Directive shall apply in respect of European Investigation Orders received before the end of the transition period by the central authority or the executing authority, or by an authority in the executing State with no competence to recognise or execute a European Investigation Order which forwards it ex officio to the executing authority for execution.

Ongoing judicial cooperation proceedings in criminal matters II

The competent authorities of the United Kingdom may continue to participate in the joint investigation teams in which they were participating before the end of the transition period, where those investigation teams were set up either in accordance with Article 13 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union or in accordance with Council Framework Decision.

The United Kingdom shall be entitled to use, for no longer than one year after the end of the transition period, the Secure Information Exchange Network Application (SIENA) to the extent strictly necessary for the purpose of exchanging information within the joint investigation teams referred to in the first subparagraph of this paragraph.

The United Kingdom shall reimburse the European Union for the actual costs incurred by the European Union as a consequence of facilitating the United Kingdom’s use of SIENA. The European Union shall communicate the amount of those costs to the United Kingdom by 31 March 2021. In the event that the communicated amount of the actual costs incurred considerably diverges from the best estimates amount that was communicated by the European Union to the United Kingdom before the signature of the Agreement, the United Kingdom shall pay without delay to the European Union the best estimates amount and the Joint Committee shall determine the manner in which the difference between the actual costs incurred and the best estimates amount is to be addressed.

Eurojust may, upon a request by the United Kingdom, subject to compliance with the requirements of the Council Decision, provide information, including personal data, from its Case Management system, if necessary to complete the ongoing procedures referred to or the activities of the joint investigation teams referred to of this Article. The United Kingdom’s competent authorities may, upon request, provide Eurojust with information in their possession if necessary to complete the ongoing procedures referred to or the activities of the joint investigation teams referred to of this Article. Where expenses of any extraordinary nature arise out of the application of this paragraph, the Joint Committee shall determine the manner in which such expenses are to be addressed.

Ongoing law enforcement cooperation, police cooperation and exchange of information

In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following acts shall apply as follows:Articles 39 and 40 of the Convention implementing the Schengen Agreement of 14 June 1985 (“Schengen Implementing Convention”)1, in conjunction with Articles 42 and 43 thereof, shall apply in respect of:

• requests in accordance of the Schengen Implementing Convention that are received before the end of the transition period by the central body responsible in the Contracting Party for international police cooperation or by competent authorities of the requested Party, or by requested police authorities which do not have the power to deal with the request, but which forward the request to the competent authorities;
• requests for assistance in accordance with Article 40(1) of the Schengen Implementing Convention that are received before the end of the transition period by an authority designated by a Contracting Party;
• cross-border surveillance that is carried out without prior authorisation in accordance with the Schengen Implementing Convention, where that surveillance started before the end of the transition period;

The Convention drawn up on the basis of the Treaty on European Union, on mutual assistance and cooperation between customs administrations shall apply in respect of:

• requests for information that are received before the end of the transition period by the requested authority;
• requests for surveillance that are received before the end of the transition period by the requested authority;
• requests for enquiries that are received before the end of the transition period by the requested authority;
• requests for notification that are received before the end of the transition period by the requested authority;
• requests for authorisation of cross-border surveillance or for entrusting observation to the officers of the Member State in whose territory observation is carried out that are received before the end of the transition period by an authority designated by the requested Member State that is empowered to grant the requested authorisation or to pass on the request;
• cross-border surveillance that is carried out without prior authorisation in accordance with the Schengen Implementing Convention, where that surveillance started before the end of the transition period;
• requests to carry out controlled delivery that are received before the end of the transition period by the requested authority;
• requests to authorise covert investigations that are received before the end of the transition period by the requested authority;
• joint special investigation teams that are set up pursuant to Article 24 of that Convention before the end of the transition

The relevant Council Decision shall apply in respect of requests that are received before the end of the transition period by the requested Financial Intelligence Unit;

The relevant Council Framework Decision shall apply in respect of requests that are received before the end of the transition period by the requested competent law enforcement authority;

The relevant Council Decision shall apply in respect of the exchange of supplementary information where there was a hit before the end of the transition period on an alert issued in the Schengen Information System, provided its provisions apply to the United Kingdom on the last day of the transition period. By way of derogation from Article 8 of the Agreement, the United Kingdom shall be entitled to use, for no longer than 3 months after the end of the transition period, the Communication Infrastructure to the extent strictly necessary for the purpose of exchanging such supplementary information.

The United Kingdom shall reimburse the European Union for the actual costs incurred by the European Union as a consequence of facilitating the United Kingdom’s use of the Communication Infrastructure. The European Union shall communicate to the United Kingdom the amount of those costs by 31 March 2021. In the event that the communicated amount of the actual costs incurred considerably diverges from the best estimates amount that was communicated by the European Union to the United Kingdom before the signature of the Agreement, the United Kingdom shall pay without delay to the European Union the best estimates amount and the Joint Committee shall determine the manner in which the difference between the actual costs incurred and the best estimates amount is to be addressed.

The relevant Council Decision shall apply in respect of requests received before the end of the transition period by an Asset Recovery Office;

The relevant Directive shall apply in respect of requests received by the passenger information unit in accordance with that Directive before the end of the transition period.

The United Kingdom shall be entitled to use, for no longer than one year after the end of the transition period, the Secure Information Exchange Network Application (SIENA) to the extent strictly necessary to complete the ongoing procedures referred to above

The United Kingdom shall reimburse the European Union for the actual costs incurred by the European Union as a consequence of facilitating the United Kingdom’s use of SIENA. The European Union shall communicate to the United Kingdom the amount of those costs by 31 March 2021. In the event that the communicated amount of the actual costs incurred considerably diverges from the best estimates amount that was communicated by the European Union to the United Kingdom before the signature of the Agreement, the United Kingdom shall pay without delay to the European Union the best estimates amount and the Joint Committee shall determine the manner in which the difference between the actual costs incurred and the best estimates amount is to be addressed.

Confirmation of receipt or arrest

The competent issuing or requesting authority may request an acknowledgement of the receipt of a judicial decision or request within 10 days after the end of the transition period where it has doubts as to whether such a judicial decision or request was received by the executing or requested authority before the end of the transition period.

Unless confirmation has already been provided pursuant to the applicable provisions of EU law, the executing or requested authority referred to shall reply to a request for confirmation of receipt or arrest within 10 days after receiving the request.

ONGOING JUDICIAL COOPERATION IN CIVIL AND COMMERCIAL MATTERS

Applicable law in contractual and non-contractual matters

In the United Kingdom, the following acts shall apply as follows:

The Regulation (on the law applicable to contractual obligations (Rome I) shall apply in respect of contracts concluded before the end of the transition period;
The Regulation on the law applicable to non-contractual obligations (Rome II) shall apply in respect of events giving rise to damage, where such events occurred before the end of the transition period.

Jurisdiction, recognition and enforcement of judicial decisions and related cooperation
In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, in respect of legal proceedings instituted before the end of the transition period and in respect of proceedings or actions that are related to such legal proceedings the following acts or provisions shall apply:

• the provisions regarding jurisdiction;
• Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
• Regulation (on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations
• the provisions regarding jurisdiction of Regulation (EU) 2017/1001 as amended
• the provisions of Regulation (EC) No 2201/2003 regarding jurisdiction;
• the provisions of Regulation (EC) No 4/2009 regarding jurisdiction.

In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following acts or provisions shall apply as follows in respect of the recognition and enforcement of judgments, decisions, authentic instruments, court settlements and agreements:

• the relevant EU Regulation shall apply to the recognition and enforcement of judgments given in legal proceedings instituted before the end of the transition period, and to authentic instruments formally drawn up or registered and court settlements approved or concluded before the end of the transition period;
• the provisions of the relevant EU Regulation regarding recognition and enforcement shall apply to judgments given in legal proceedings instituted before the end of the transition period, and to documents formally drawn up or registered as authentic instruments, and agreements concluded before the end of the transition period;
• the provisions of the relevant EU Regulation (regarding recognition and enforcement shall apply to decisions given in legal proceedings instituted before the end of the transition period, and to court settlements approved or concluded, and authentic instruments established before the end of the transition period;
• the relevant Regulation shall apply to judgments given in legal proceedings instituted before the end of the transition period, and to court settlements approved or concluded and authentic instruments drawn up before the end of the transition period, provided that the certification as a European Enforcement Order was applied for before the end of the transition period.

In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following provisions shall apply as follows:

• the relevant EU Regulation (shall apply to requests and applications received by the central authority or other competent authority of the requested State before the end of the transition period;
• the relevant EU Regulation shall apply to applications for recognition or enforcement and requests received by the central authority of the requested State before the end of the transition period;
• the relevant EU Regulation shall apply to insolvency proceedings, and actions referred to in that Regulation, provided that the main proceedings were opened before the end of the transition period;
• the relevant EU Regulation (shall apply to European payment orders applied for before the end of the transition period; where, following such an application, the proceedings are transferred, the proceedings shall be deemed to have been instituted before the end of the transition period;
• the relevant EU Regulation shall apply to small claims procedures for which the application was lodged before the end of the transition period;
• the relevant EU Regulation (shall apply to certificates issued before the end of the transition period.

Ongoing judicial cooperation procedures

In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following acts shall apply as follows:

the relevant EU () Regulation (shall apply to judicial and extrajudicial documents which were received for the purposes of service before the end of the transition period by one of the following:

• • a receiving agency;
• a central body of the State where the service is to be effected; or
• diplomatic or consular agents, postal services or judicial officers, officials or other competent persons of the State addressed, as referred to that Regulation;

the relevant EU Council Regulation shall apply to requests received before the end of the transition period by one of the following:

• a requested court;
• a central body of the State where the taking of evidence is requested; or
• a central body or competent authority referred to in that Regulation;

the relevant EU Council shall apply to requests that were received before the end of the transition period; the requesting contact point may request an acknowledgement of receipt within 7 days of the end of the transition period where it has doubts as to whether the request was received before the end of the transition period.

Other applicable provisions

In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following acts shall apply as follows:

the relevant EU Council Directive shall apply to applications for legal aid that were received by the receiving authority before the end of the transition period. The requesting authority may request an acknowledgement of receipt within 7 days of the end of the transition period where it has doubts as to whether the request was received before that date;

the relevant EU Directive shall apply where, before the end of the transition period:

• the parties agreed to use mediation after the dispute had arisen;
• mediation was ordered by the court; or
• a court invited the parties to use mediation;

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