Date: 2023-10-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2023/2201 of 28 September 2023 establishing the position to be taken on behalf of the European Union within the Joint Committee established by 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 as regards the declaration to be made pursuant to Article 23(4), point (a), of Decision No 1/2023 of the Joint Committee
Executive Summary:
This Council Decision establishes the EU's position within the Joint Committee regarding a declaration pursuant to Article 234(a) of Decision No 1/2023 (Windsor Framework). The declaration concerns the EU's satisfaction with the UK's implementation of specific articles related to data access, EORI registrations, parcel guidance, and export procedures. The decision was adopted on September 28, 2023, and came into force on the date of its adoption.
Key Points / Main Content:
* **Purpose:** To establish the EU's position within the Joint Committee concerning the declaration under Article 234(a) of Decision No 1/2023.
* **Context:** The decision relates to the Agreement on the withdrawal of the United Kingdom from the European Union and the Windsor Framework.
* **EU Declaration:** The EU is expected to declare its satisfaction regarding:
* The UK's implementation of Article 5 of Joint Committee Decision No 6/2020, concerning access to information in UK networks and systems.
* The correct issuance of all existing XI EORI registrations.
* The UK's issuance of new guidance for parcels in line with Decision No 1/2023.
* The UK's issuance of its unilateral declaration on export procedures for goods exiting Northern Ireland to other parts of the UK.
Impact Analysis:
European Union:
Impact: The EU must make a declaration within the Joint Committee, based on its satisfaction with the UK's implementation of the specified articles.
Action Required: The EU representatives within the Joint Committee must present the declaration as outlined in the draft attached to the Decision.
United Kingdom:
Impact: The UK's compliance with specific articles of the Withdrawal Agreement and Joint Committee Decisions is being assessed by the EU.
Action Required: The UK is expected to continue to implement the measures related to data access, EORI registrations, parcel guidance, and export procedures.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
United Kingdom of Great Britain and Northern Ireland: A sovereign country located off the north-western coast of the European mainland.
European Atomic Energy Community: An international organisation established by the Treaty of Rome on 25 March 1957 with the purpose of creating a specialist market for nuclear power in Europe.
Joint Committee: The committee established by 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.
Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community: The formal agreement outlining the terms of the UK's departure from the EU.
Windsor Framework: An integral part of the Withdrawal Agreement, designed to address practical challenges arising from the Protocol on Ireland/Northern Ireland.
Decision No 1/2023: A decision of the Joint Committee established by 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 laying down arrangements relating to the Windsor Framework.
Northern Ireland: A region of the United Kingdom, and is often referenced in the context of the Protocol on Ireland/Northern Ireland and the Windsor Framework.
Official Journal EN
of the European Union L series
2023/2201 16.10.2023
COUNCIL DECISION (EU) 2023/2201
of 28 September 2023
establishing the position to be taken on behalf of the European Union within the Joint Committee
established by 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 as regards
the declaration to be made pursuant to Article 23(4), point (a), of Decision No 1/2023 of the Joint
Committee
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 50(2) thereof,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) 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(1)(‘the Withdrawal Agreement’) was concluded by the Union
by Council Decision (EU) 2020/135(2)and entered into force on 1 February 2020.
(2) Pursuant to Article 23(4) of Decision No 1/2023 of the Joint Committee established by 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 of 24 March 2023 laying down arrangements relating to the Windsor
Framework(3)(‘Decision No 1/2023’), certain provisions of that Decision are to apply as from 30 September 2023,
provided that the declarations referred to in Article 23(4), points (a) and (b), thereof have been made within the Joint
Committee.
(3) In accordance with Article 182 of the Withdrawal Agreement, the Windsor Framework(4)forms an integral part of
that Agreement.
(4) The Union is expected to make a declaration within the Joint Committee pursuant to Article 23(4), point (a), of
Decision No 1/2023. That declaration is to be made to the effect that the Union is satisfied: (i) with the
implementation by the United Kingdom of Article 5 of Joint Committee Decision No 6/2020(5) through the
provision of access to information contained in United Kingdom networks, information systems and databases and
United Kingdom national modules of Union systems referred to in Annex 1 to that Joint Committee Decision; and
(ii) that all existing XI EORI registrations are correctly issued; and (iii) that the United Kingdom has issued new
guidance for parcels in line with the arrangements set out in Decision No 1/2023; and (iv) that the United Kingdom
has issued its unilateral declaration on export procedures for goods exiting Northern Ireland to other parts of the
United Kingdom.
(5) It is appropriate to establish the position to be taken on the Union's behalf within the Joint Committee,
(1) OJ L 29, 31.1.2020, p. 7.
(2) Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion 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 (OJ L 29, 31.1.2020, p. 1).
(3) OJ L 102, 17.4.2023, p. 61.
(4) Joint Declaration No 1/2023 of the Union and the United Kingdom in the Joint Committee established by 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 of 24 March 2023 (OJ L 102, 17.4.2023, p. 87).
(5) Decision No 6/2020 of the Joint Committee established by 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 of 17 December 2020 providing for
the practical working arrangements relating to the exercise of the rights of Union representatives referred to in Article 12(2) of the
Protocol on Ireland/Northern Ireland (OJ L 443, 30.12.2020, p. 16).
ELI: http://data.europa.eu/eli/dec/2023/2201/oj 1/3EN
OJ L, 16.10.2023
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf within the Joint Committee established by Article 164(1) 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 (‘the Joint Committee’) in relation to the declaration to be made by the Union within
the Joint Committee pursuant to Article 23(4), point (a), of Decision No 1/2023 of the Joint Committe is set out in the draft
declaration attached to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 28 September 2023.
For the Council
The President
F. GRANDE-MARLASKA GÓMEZ
2/3 ELI: http://data.europa.eu/eli/dec/2023/2201/ojEN
OJ L, 16.10.2023
DRAFT
DECLARATION BY THE UNION WITHIN THE JOINT COMMITTEE ESTABLISHED BY 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
of …/2023
pursuant to Article 23(4), point (a), of Decision No 1/2023 of the Joint Committee
Pursuant to Article 23(4), point (a), of Decision No 1/2023 of the Joint Committee established by 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 of 24 March 2023laying down arrangements relating to the Windsor Framework (‘Decision
No 1/2023’) the Union declares that it is satisfied:
(i) with the implementation by the United Kingdom of Article 5 of Decision No 6/2020 of the Joint Committee
established by 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 of 17 December 2020providing for the practical
working arrangements relating to the exercise of the rights of Union representatives referred to in Article 12(2) of the
Protocol on Ireland/Northern Ireland through the provision of access to information contained in United Kingdom
networks, information systems and databases and United Kingdom national modules of Union systems referred to in
Annex 1 to that Joint Committee Decision, noting that the United Kingdom has committed to ensuring significant
progress as regards the required data latency and completeness, supported by a business continuity process, and that
access by Union representatives to such information is still to be provided in an accessible format in such a way as to
allow them to conduct risk analysis including identification of recent and historical trends patterns; and
(ii) that all existing XI EORI registrations are correctly issued; and
(iii) that the United Kingdom has issued new guidance for parcels in line with the arrangements set out in Decision
No 1/2023; and
(iv) that the United Kingdom has issued its unilateral declaration on export procedures for goods exiting Northern Ireland
to other parts of the United Kingdom.
ELI: http://data.europa.eu/eli/dec/2023/2201/oj 3/3