Council Decision (EU) 2025/802 of 14 April 2025 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(5)(a) of Decision No 1/2023 of the Joint Committee
Date: 2025-04-14
Institutions: Council of the European Union
Subjects: United Kingdom, access to information, agreement (EU), database, information network, information system, joint committee (EU), national competent authority, protocol to an agreement, withdrawal from the EU








L_202500802EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2025/802


25.4.2025







            COUNCIL DECISION (EU) 2025/802
         
of 14 April 2025
         
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(5)(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 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,





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 Unilateral Declaration to be made by the Union within the Joint Committee pursuant to Article 23(5)(a) of Decision No 1/2023 of the Joint Committee is set out in the draft Unilateral Declaration attached to this Decision.


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




Done at Luxembourg, 14 April 2025.


For the Council


The President

K. KALLAS
            





(1)  
            OJ L 29, 31.1.2020, p. 7, ELI: http://data.europa.eu/eli/treaty/withd_2020/sign.

(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, ELI: http://data.europa.eu/eli/dec/2020/135/oj).

(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)  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 (OJ L 102, 17.4.2023, p. 61, ELI: http://data.europa.eu/eli/dec/2023/819/oj).

(5)  Commission Delegated Regulation (EU) 2023/1128 of 24 March 2023 amending Delegated Regulation (EU) 2015/2446 to provide for simplified customs formalities for trusted traders and for sending parcels into Northern Ireland from another part of the United Kingdom (OJ L 149, 9.6.2023, p. 26, ELI: http://data.europa.eu/eli/reg_del/2023/1128/oj).

(6)  Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1, ELI: http://data.europa.eu/eli/reg_del/2015/2446/oj).

(7)  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/2020/2250/oj).




ANNEX

DRAFT UNILATERAL 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 … 2025


pursuant to Article 23(5)(a) of Decision No 1/2023 of the Joint Committee

Pursuant to Article 23(5)(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 2023 laying down arrangements relating to the Windsor Framework, the Union declares that it is satisfied 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 that are to be provided to the United Kingdom competent authority and is satisfied with the implementation by the United Kingdom of Article 5 of Joint Committee Decision No 6/2020 through the provision of access to information contained in these networks, information systems and databases.



ELI: http://data.europa.eu/eli/dec/2025/802/oj
ISSN 1977-0677 (electronic edition)