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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 Communitynote (‘the Withdrawal Agreement’) was concluded by the Union by Council Decision (EU) 2020/135note 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 Frameworknote (‘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 Frameworknote 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 6/2020note 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,
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.
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