Council Decision (EU) 2024/2912 of 5 November 2024 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 adoption of a decision adding two newly adopted Union acts to Annex 2 to the Windsor Framework
Date: 2024-11-05
Institutions: Council of the European Union
Subjects: Moldova, Northern Ireland, Ukraine, United Kingdom, agreement (EU), application of EU law, import (EU), joint committee (EU), liberalisation of trade, protocol to an agreement, revision of an agreement




L_202402912EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2912


20.11.2024







            COUNCIL DECISION (EU) 2024/2912
         
of 5 November 2024
         
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 adoption of a decision adding two newly adopted Union acts to Annex 2 to the Windsor Framework


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 13(4) of the Windsor Framework (3), which forms an integral part of the Withdrawal Agreement, the Joint Committee established under Article 164(1) of the Withdrawal Agreement (the ‘Joint Committee’) is empowered to adopt decisions to amend the relevant Annexes to the Windsor Framework by adding newly adopted Union acts that fall within the scope of the Windsor Framework, but which neither amend nor replace Union acts listed in the Annexes to the Windsor Framework.












(3)


Regulations (EU) 2024/1392 (4) and (EU) 2024/1501 (5) of the European Parliament and of the Council are newly adopted Union acts falling within the scope of the Windsor Framework, in accordance with the conditions applicable to them by law, which should be added to Annex 2 to the Windsor Framework. Those Regulations extend for another year the existing temporary trade-liberalisation measures for Ukraine and Moldova, respectively, set out in Regulations (EU) 2023/1077 (6) and (EU) 2023/1524 (7) of the European Parliament and of the Council. These latter Regulations were added to Annex 2 to the Windsor Framework on 28 September 2023 by Decision No 4/2023 of the Joint Committee (8). Regulation (EU) 2023/1077 expired on 5 June 2024 and Regulation (EU) 2023/1524 expired on 24 July 2024.












(4)


The Joint Committee, at its next meeting, should adopt a decision pursuant to Article 13(4) of the Windsor Framework adding those newly adopted Union acts to Annex 2 to the Windsor Framework.












(5)


It is appropriate to establish the position to be taken on behalf of the Union within the Joint Committee as regards the adoption of a decision adding the two newly adopted Union acts to Annex 2 to the Windsor Framework,





HAS ADOPTED THIS DECISION:



Article 1
The position to be taken on behalf of the European Union 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’) shall be set out in the draft decision of the Joint Committee attached to this Decision.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 5 November 2024.


For the Council


The President


               VARGA M.





(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)  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).

(4)  Regulation (EU) 2024/1392 of the European Parliament and of the Council of 14 May 2024 on temporary trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (OJ L, 2024/1392, 29.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1392/oj).

(5)  Regulation (EU) 2024/1501 of the European Parliament and of the Council of 14 May 2024 on temporary trade-liberalisation measures supplementing trade concessions applicable to products from the Republic of Moldova under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (OJ L, 2024/1501, 29.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1501/oj).

(6)  Regulation (EU) 2023/1077 of the European Parliament and of the Council of 31 May 2023 on temporary trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (OJ L 144, 5.6.2023, p. 1).

(7)  Regulation (EU) 2023/1524 of the European Parliament and of the Council of 20 July 2023 on temporary trade-liberalisation measures supplementing trade concessions applicable to products from the Republic of Moldova under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (OJ L 185, 24.7.2023, p. 1).

(8)  Decision No 4/2023 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 28 September 2023 adding two newly adopted Union acts to Annex 2 to the Windsor Framework (OJ L, 2023/2471, 7.11.2023, ELI: http://data.europa.eu/eli/dec/2023/2471/oj).





DRAFT
DECISION No …/2024 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 …
adding two newly adopted Union acts to Annex 2 to the Windsor Framework


THE JOINT COMMITTEE,

Having regard to 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’), and in particular Article 13(4) of the Windsor Framework (2),

Whereas:







(1)


Article 13(4) of the Windsor Framework empowers the Joint Committee established under Article 164(1) of the Withdrawal Agreement (the ‘Joint Committee’) to adopt decisions adding newly adopted Union acts falling within the scope of the Windsor Framework to the relevant Annexes to the Windsor Framework.












(2)


Pursuant to Article 166(2) of the Withdrawal Agreement, the decisions adopted by the Joint Committee are binding on the Union and the United Kingdom. The Union and the United Kingdom are to implement such decisions, which have the same legal effect as the Withdrawal Agreement.












(3)


Regulations (EU) 2024/1392 (3) and (EU) 2024/1501 (4) of the European Parliament and of the Council are newly adopted Union acts falling within the scope of the Windsor Framework, in accordance with the conditions applicable to them by law, which should be added to Annex 2 to the Windsor Framework. Those Regulations extend for another year the existing temporary trade-liberalisation measures for Ukraine and Moldova, respectively, set out in Regulations (EU) 2023/1077 (5) and (EU) 2023/1524 (6) of the European Parliament and of the Council. These latter Regulations were added to Annex 2 to the Windsor Framework on 28 September 2023 by Decision No 4/2023 of the Joint Committee (7). Regulation (EU) 2023/1077 expired on 5 June 2024 and Regulation (EU) 2023/1524 expired on 24 July 2024,





HAS ADOPTED THIS DECISION:



Article 1

1.   Regulation (EU) 2024/1392 of the European Parliament and of the Council of 14 May 2024 on temporary trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, shall be added to Annex 2 to the Windsor Framework under point 4, ‘General trade related aspects’.


2.   Regulation (EU) 2024/1501 of the European Parliament and of the Council of 14 May 2024 on temporary trade-liberalisation measures supplementing trade concessions applicable to products from the Republic of Moldova under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, shall be added to Annex 2 to the Windsor Framework under point 4, ‘General trade related aspects’.



Article 2
This Decision shall enter into force on the day following the date of its adoption.




Done at …, …


For the Joint Committee


The Co-chairs






(1)  
            OJ EU L 29, 31.1.2020, p. 7.

(2)  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 EU L 102, 17.4.2023, p. 87).

(3)  Regulation (EU) 2024/1392 of the European Parliament and of the Council of 14 May 2024 on temporary trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (OJ EU L, 2024/1392, 29.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1392/oj).

(4)  Regulation (EU) 2024/1501 of the European Parliament and of the Council of 14 May 2024 on temporary trade-liberalisation measures supplementing trade concessions applicable to products from the Republic of Moldova under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (OJ EU L, 2024/1501, 29.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1501/oj).

(5)  Regulation (EU) 2023/1077 of the European Parliament and of the Council of 31 May 2023 on temporary trade-liberalisation measures supplementing trade concessions applicable to Ukrainian products under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (OJ EU L 144, 5.6.2023, p. 1).

(6)  Regulation (EU) 2023/1524 of the European Parliament and of the Council of 20 July 2023 on temporary trade-liberalisation measures supplementing trade concessions applicable to products from the Republic of Moldova under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (OJ EU L 185, 24.7.2023, p. 1).

(7)  Decision No 4/2023 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 28 September 2023 adding two newly adopted Union acts to Annex 2 to the Windsor Framework (OJ EU L, 2023/2471, 7.11.2023, ELI: http://data.europa.eu/eli/dec/2023/2471/oj).



ELI: http://data.europa.eu/eli/dec/2024/2912/oj
ISSN 1977-0677 (electronic edition)