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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 13(4) of the Windsor Frameworknote, which forms an integral part of the Withdrawal Agreement, the Joint Committee established under Article 164(1) thereof (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)Articles 103 to 107 and Article 109 of Regulation (EU) 2024/1689 of the European Parliament and of the Councilnote are applicable pursuant to Article 13(3) of the Windsor Framework. The remainder of the provisions of that Regulation, provided that they contain conditions and technical specifications for the placing on the market of products, or relate to the provision of services that may affect the free movement of products, are provisions of a newly adopted Union act falling within the scope of the Windsor Framework which should be added to Annex 2 to the Windsor Framework. This does not apply to Articles 102, 108 and 110 of Regulation (EU) 2024/1689.
(4)The Joint Committee, at its next meeting, should adopt a decision pursuant to Article 13(4) of the Windsor Framework adding this newly adopted Union act, as regards provisions which contain conditions and technical specifications for the placing on the market of products or relate to the provision of services that may affect the free movement of products, and with the exception of Articles 102, 108 and 110 thereof, to Annex 2 to the Windsor Framework.
(5)It is appropriate to establish the position to be taken on the Union’s behalf within the Joint Committee as regards the adoption of a decision adding the newly adopted Union act 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 under 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’) is set out in the draft decision of the Joint Committee attached to this Decision.
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