Regulation 138 Transitional provisions – assistance provided to member States after commencement day

(1)

This regulation applies to a relevant case.

(2)

For the purposes of this regulation, a “relevant case” is one in which, before commencement day—

(a)

a member State made a request for assistance under Article 3(1) of the Atlas Council Decision (assistance to another member State) to the competent authority of the United Kingdom, and—

(b)

either—

(i)

the competent authority of the United Kingdom did not respond in relation to that request, or

(ii)

the competent authority of the United Kingdom accepted the request for assistance or proposed a different kind of assistance, but some or all of the assistance has not been provided before commencement day.

(3)

The following provisions of the Atlas Council Decision continue to have effect in relation to a relevant case (in so far as relevant in the circumstances of the case), subject to the modifications set out in paragraph (4)—

(a)

Article 2 (definitions), in so far as relevant to the provision referred to in sub-paragraph (b);

(b)

Article 3.

(4)

The modifications are—

(a)

paragraph 1 of Article 3 is to be read as if—

(i)

the first sentence were omitted;

(ii)

for the words “such a request” there were substituted “a request made by a Member State under Article 3(1)”;

(iii)

for the words “the requested Member State” there were substituted “the United Kingdom”;

(b)

paragraph 3 of Article 3 is to be read as if the words “be authorised to operate in a supporting capacity on the territory of the requesting Member State and” were omitted.

(5)

The provisions referred to in paragraph (3) are to be construed (so far as necessary) as if the United Kingdom continued to be a member State.