Contents
THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 50(2) thereof, in conjunction with Article 218(9) of the Treaty on the Functioning of the European Union,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 on 30 January 2020 by means of Council Decision (EU) 2020/135note and entered into force on 1 February 2020.
(2)In accordance with Article 182 of the Withdrawal Agreement, the ‘Windsor Framework’note forms an integral part of that Agreement.
(3)The Union and the United Kingdom, during the next meeting of the Joint Committee established under Article 164(1) of the Withdrawal Agreement (the ‘Joint Committee’), are to make a joint declaration on the application of Article 5 of the Windsor Framework (the ‘joint declaration’).
(4)The purpose of the joint declaration is to clarify that the provisions of Article 5 of the Windsor Framework which relate to the payment, collection and remittance of customs duties for goods which are brought by direct transport into Northern Ireland from another part of the United Kingdom or from a territory other than the Union or from another part of the United Kingdom and which are, respectively, at risk or not at risk of subsequently being moved to the Union, are also applicable to a handling fee established by Union law to cover the costs of the services provided for handling a request for release of goods sold in a distance sale for free circulation.
(5)The joint declaration will, if made within the Joint Committee, constitute an act having legal effects within the meaning of Article 218(9) of the Treaty on the Functioning of the European Union.
(6)It is therefore necessary to establish the position to be taken within the Joint Committee with regard to the joint declaration,
HAS ADOPTED THIS DECISION:
Article 1#
The position to be taken on the Union’s behalf 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 is set out in the draft joint declaration of the Union and the United Kingdom attached to this Decision.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.