On May 29, 2017 the Council of the EU adopted a Council Directive amending Directive (EU) 2016/1164 as regards hybrid mismatches with third countries (Hereafter: ATAD 2).

 

According to a press release issued by the Council, the directive was adopted at a meeting of the Competitiveness Council, without discussion. This follows an agreement at a meeting on February 21, 2017. The European Parliament gave its opinion on April 27, 2017.

 

Article 2, Paragraph 1 of the Directive as adopted on May 29, 2017 arranges that Member States shall adopt and publish, by December 31 2019, the laws, regulations and administrative provisions necessary to comply with this Directive and that they shall apply those provisions from January 1, 2020.

 

An exception to the January 1, 2020 implementation date is made with respect to article Article 9a (“Reverse hybrid mismatches”). In this respect Article 2, Paragraph 3 of the Directive as adopted on may 29, 2017 arranges that by way of derogation from Article 2, paragraph 1, Member States shall, by December 31, 2021, adopt and publish the laws, regulations and administrative provisions necessary to comply with Article 9a of Directive (EU) 2016/1164 and that they shall apply those provisions from January 1, 2022.

 

Click here to be forwarded to the text of ATAD 2 as adopted by the Council of the European Union on May 29, 2017 as available on the website of the Council of the European Union, which will open in a new window.

 


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