Council Decision (EU) 2021/2 of 17 December 2020 on the position to be taken on behalf of the European Union within 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 as regards the adoption of a decision to amend the Protocol on Ireland/Northern Ireland

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 Community (‘the Withdrawal Agreement’) was concluded by the Union by means of Council Decision (EU) 2020/135⁽¹⁾ on 30 January 2020 and entered into force on 1 February 2020.

2. Point (d) of Article 164(5) of the Withdrawal Agreement empowers the Joint Committee established by Article 164 of the Withdrawal Agreement (‘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 the essential elements of the Withdrawal 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 are to implement those decisions, which are to have the same legal effect as the Withdrawal Agreement. The Protocol on Ireland/Northern Ireland (‘the Protocol’) forms an integral part of the Withdrawal Agreement.

3. On 10 June 2020 the Council adopted Decision 2020/769⁽²⁾, which established the position to be taken on the Union’s behalf in the Joint Committee as regards certain amendments to the Withdrawal Agreement. It remains necessary for seven acts which are essential for the application of the rules of the internal market for goods to Northern Ireland to be listed in Annex 2 to the Protocol. It is also necessary to insert three notes in order to further define the scope of application of certain specific acts listed in Annex 2 to the Protocol.

4. Two legal acts on the CO2 emission performance of new cars and vans registered in the Union have been mistakenly listed in point 9 of Annex 2 to the Protocol. Unlike other legislation listed in Annex 2 to the Protocol and made applicable by Article 5(4) of the Protocol, those two acts do not relate to the placing on the market of goods in the Union. They should therefore be removed from that Annex.

5. One legal act on single-use plastics relates to the placing on the market of such goods and to the free movement of goods, albeit only partially. Only those provisions that are essential for the application of the rules of the internal market in respect of Northern Ireland should be included in Annex 2 to the Protocol.

6. The Joint Committee should adopt a decision pursuant to point (d) of Article 164(5) of the Withdrawal Agreement to address those errors.

7. It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee,

HAS ADOPTED THIS DECISION: