Considerations on COM(2025)135 - EU position in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom from the EU and Euratom as regards the declaration to be made pursuant to Article 23(5)(a) of Decision No 1/2023 of the Joint Committee

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dossier COM(2025)135 - EU position in the Joint Committee established by the Agreement on the withdrawal of the United Kingdom from the EU and ...
document COM(2025)135 EN
date April 14, 2025
 
table>(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 on 30 January 2020 by Council Decision (EU) 2020/135 (2) and entered into force on 1 February 2020.
(2)In accordance with Article 182 of the Withdrawal Agreement, the Windsor Framework (3) forms an integral part of that Agreement.

(3)Pursuant to Article 23(5) of Decision No 1/2023 of the Joint Committee established by Article 164(1) of the Withdrawal Agreement (4) (the ‘Joint Committee’), Article 7(1)(a)(iii), Article 13 and Article 15(3) of Decision No 1/2023 of the Joint Committee are to apply as from the first day of the month following that in which the last of the declarations, to be made respectively by the Union and by the United Kingdom as referred to in Article 23(5)(a) and (b) of that Decision, have been made within the Joint Committee.

(4)As from the first day of the month following that in which the last of the declarations mentioned in the previous Recital has been made within the Joint Committee, the simplified customs formalities provided for in Commission Delegated Regulation (EU) 2023/1128 (5) are to become applicable.

(5)Pursuant to Article 23(5)(a) of Decision No 1/2023 of the Joint Committee, the Union is expected to make a declaration within the Joint Committee to the effect that it is satisfied: (i) that the United Kingdom has set up the networks, information systems and databases in relation to the data referred to in Article 141(1)(d)(vii) of Commission Delegated Regulation (EU) 2015/2446 (6) that are to be provided to the competent authority of the United Kingdom; and (ii) with the implementation by the United Kingdom of Article 5 of Decision No 6/2020 of the Joint Committee (7) through the provision of access to information contained in those networks, information systems and databases.

(6)In April 2024, the United Kingdom created a system to collect from the authorised carriers the relevant data for Business to Consumer (‘B2C’) parcels that they ship from another part of the United Kingdom to Northern Ireland (‘the system’). Since then, the system has been developed and has been used during the testing phase on a voluntary basis by the operators registered under the UK Carrier Scheme to provide data on B2C parcels sent from a business in the United Kingdom (other than Northern Ireland) to a private individual residing in Northern Ireland. The data provided in the system by the authorised carriers registered under the UK Carrier Scheme are the data set out in Annex 52-03 to Delegated Regulation (EU) 2015/2446.

(7)For the purpose of implementing Article 5 of Decision No 6/2020 in relation to the system, the United Kingdom has ensured, in its legal system, that access to the information put in the system by the operators registered under the UK Carrier Scheme is given to relevant officials of the European Commission, including the Union representatives referred to in Article 12(2) of the Windsor Framework. The Commission officials have tested the functioning of the system, and the data submitted so far. The results of the testing phase show that the system complies with the required technical parameters.

(8)It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee,