This document is an excerpt from the EUR-Lex website
Document 22020D2247
Decision No 3/2020 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 amending the Protocol on Ireland and Northern Ireland to 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 [2020/2247]
Decision No 3/2020 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 amending the Protocol on Ireland and Northern Ireland to 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 [2020/2247]
Decision No 3/2020 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 amending the Protocol on Ireland and Northern Ireland to 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 [2020/2247]
PUB/2020/1059
OJ L 443, 30.12.2020, p. 3–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
30.12.2020 |
EN |
Official Journal of the European Union |
L 443/3 |
DECISION No 3/2020 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
amending the Protocol on Ireland and Northern Ireland to 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 [2020/2247]
THE JOINT COMMITTEE,
Having regard to 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 Withdrawal Agreement’), and in particular point (d) of Article 164(5) thereof,
Whereas:
(1) |
Point (d) of Article 164(5) of the Withdrawal Agreement enables the Joint Committee established under Article 164(1) thereof (‘the Joint Committee’) to adopt decisions amending the Withdrawal Agreement, provided that such amendments are necessary to correct errors, to address omissions or other deficiencies, or to address situations unforeseen when the Agreement was signed, and provided that such decisions do not amend essential elements of that Agreement. Pursuant to Article 166(2) of the Withdrawal Agreement, the decisions adopted by the Joint Committee are binding on the Union and the United Kingdom. The Union and the United Kingdom must implement such decisions, which have the same legal effect as the Withdrawal Agreement. |
(2) |
Under Article 182 of the Withdrawal Agreement, the Protocol on Ireland/Northern Ireland (‘the Protocol’) forms an integral part of that Agreement. |
(3) |
Two legal acts on the CO2 emission performance of new cars and vans registered in the Union which are listed under heading 9 of Annex 2 to the Protocol and made applicable to and in the United Kingdom in respect of Northern Ireland by Article 5(4) of that Protocol, do not relate to the placing on the market of such vehicles in the Union. They should therefore be removed from Annex 2 to the Protocol; |
(4) |
Eight legal acts which are essential for the application of the rules of the internal market for goods in respect of Northern Ireland and which were omitted at the time of adoption, should be added to Annex 2 to the Protocol. |
(5) |
In order to clarify the scope of application of certain acts already listed in Annex 2 to the Protocol, three notes should be added to that Annex; |
HAS ADOPTED THIS DECISION
Article 1
Annex 2 to the Protocol shall be amended as follows:
1. |
under the heading ‘9. Motor vehicles, including agricultural and forestry tractors’, the following entries shall be deleted:
|
2. |
under the heading ‘6. Regulations on bilateral safeguards’, the following entry shall be added:
|
3. |
under the heading ‘23. Chemicals and related’, the following entry shall be added:
|
4. |
under the heading ‘25. Waste’, the following entry shall be added:
|
5. |
under the heading ‘29. Food - general’, the following entry shall be added:
|
6. |
under the heading ‘42. Plant reproductive material’, the following entries shall be added:
|
7. |
under the heading ‘47. Other’, the following entry shall be added:
|
8. |
under the heading ‘4. General trade related aspects’, following the entry for ‘Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008’, the following note shall be inserted: ‘Without prejudice to the fact that the tariff preferences for eligible countries pursuant to the Union’s General Scheme of Preferences shall be applicable in the United Kingdom in respect of Northern Ireland:
|
9. |
under the heading ‘5. Trade defence instruments’, directly under the heading, the following note shall be inserted: ‘Without prejudice to the fact that the Union’s trade defence measures shall be applicable in the United Kingdom in respect of Northern Ireland, the references to “Member States” or “Union” in Regulation (EU) 2016/1036, Regulation (EU) 2016/1037, Regulation (EU) 2015/478 and Regulation (EU) 2015/755 shall not be read as including the United Kingdom in respect of Northern Ireland. In addition, importers that paid Union anti-dumping or countervailing duties on the importation of goods that were customs cleared in Northern Ireland may only ask for a refund of such duties pursuant to Article 11(8) of Regulation (EU) 2016/1036 or Article 21 of Regulation (EU) 2016/1037, respectively.’; |
10. |
under the heading ‘6. Regulations on bilateral safeguards’, directly under the heading, the following note shall be inserted: ‘Without prejudice to the fact that the Union’s bilateral safeguard measures shall be applicable in the United Kingdom in respect of Northern Ireland, the references to “Member States” or “Union” in the regulations listed below shall not be read as including the United Kingdom in respect of Northern Ireland.’; |
11. |
under the heading ‘25. Waste’, following the entry for ‘Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment’, the following note shall be inserted: ‘In relation to the application of those Articles and Parts to and in the United Kingdom in respect of Northern Ireland, any reference to “ 3 July 2021 ” in Articles 4 (1), 14 and 17 (1) is to be read as “ 1 January 2022 ”. Articles 2, 3, 14 and 17, and Part F of the Annex, shall only apply insofar as they relate to Articles 4 to 7.’. |
Article 2
This Decision shall enter into force on the day following the date of its adoption.
Done at Brussels, 17 December 2020.
For the Joint Committee
The Co-chairs
Maroš ŠEFČOVIČ
Michael GOVE
(3) OJ L 155, 12.6.2019, p. 1.
(4) OJ L 334, 16.12.2011, p. 1.
(5) OJ 125, 11.7.1966, p. 2298.