Considerations on COM(2023)539 - 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 adoption of a decision adding two newly adopted Union acts to Annex 2 to the Windsor Framework

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(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 Community7 (‘the Withdrawal Agreement’) was concluded by the Union by Council Decision (EU) 2020/1358 of 30 January 2020 and entered into force on 1 February 2020.

(2) Pursuant to Article 13(4) of the Windsor Framework9, which forms an integral part of the Withdrawal Agreement, the Joint Committee established by 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) 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 part10 and 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 part11 are newly adopted Union acts that relate to the trade in goods with third countries and therefore fall within the scope of the Windsor Framework.

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

(5) It is appropriate to establish the position to be taken on the Union's behalf in the Joint Committee as regards the adoption of a decision adding two newly adopted Union acts to Annex 2 to the Windsor Framework.