Council Decision (EU) 2026/2469 of 26 October 2026 establishing 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 adding a newly adopted Union act to Annex
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L_202602469EN.000101.fmx.xml Official Journal of the European Union EN L series 2026/2469 4.11.2026 COUNCIL DECISION (EU) 2026/2469 of 26 October 2026 establishing 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 adding a newly adopted Union act to Annex 2 to the Windsor Framework 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 ( 1 ) (the ‘Withdrawal Agreement’) was concluded by the Union by means of Council Decision (EU) 2020/135 ( 2 ) and entered into force on 1 February 2020. (2) Pursuant to Article 13(4) of the Windsor Framework ( 3 ) , 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) Regulation (EU) 2025/327 of the European Parliament and of the Council ( 4 ) is a newly adopted Union Act, Chapter III of which, to the extent that it contains conditions and technical specifications for the placing on the market of products or relates to the provision of services that may affect the free movement of products, falls within the scope of the Windsor Framework and should be added to Annex 2 to the Windsor Framework. This does not apply to Article 29 of that Regulation, which falls outside the scope of the Windsor Framework. (4) The Joint Committee, at its next meeting, is scheduled to adopt a decision pursuant to Article 13(4) of the Windsor Framework concerning the addition of Chapter III of Regulation (EU) 2025/327 to Annex 2 to the Windsor Framework. (5) The envisaged decision of the Joint Committee will, if adopted, produce legal effects for the Union. It is therefore necessary to establish the position to be taken on the Union’s behalf within the Joint Committee with regard to the adoption of a decision adding a newly adopted Union act to Annex 2 to the Windsor Framework, 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 (the ‘Joint Committee’) is set out in the draft decision of the Joint Committee attached to this Decision. Article 2 This Decision shall enter into force on the date of its adoption. Done at Luxembourg, 26 October 2026. For the Council The President M. HEYDON ( 1 ) OJ L 29, 31.1.2020, p. 7 , ELI: http://data.europa.eu/eli/treaty/withd_2020/sign . ( 2 ) Council Decision (EU) 2020/135 of 30 January 2020 on the conclusion 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 ( OJ L 29, 31.1.2020, p. 1 , ELI: http://data.europa.eu/eli/dec/2020/135/oj ). ( 3 ) Joint Declaration No 1/2023 of the Union and the United Kingdom in 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 ( OJ L 102, 17.4.2023, p. 87 ). ( 4 ) Regulation (EU) 2025/327 of the European Parliament and of the Council of 11 February 2025 on the European Health Data Space and amending Directive 2011/24/EU and Regulation (EU) 2024/2847 ( OJ L, 2025/327, 5.3.2025, ELI: http://data.europa.eu/eli/reg/2025/327/oj ). DRAFT DECISION No …/2026 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 … adding a newly adopted Union act to Annex 2 to the Windsor Framework 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 ( 1 ) (the ‘Withdrawal Agreement’), and in particular Article 13(4) of the Windsor Framework ( 2 ) , Whereas: (1) Article 13(4) of the Windsor Framework empowers the Joint Committee established under Article 164(1) of the Withdrawal Agreement (the ‘Joint Committee’) to adopt decisions adding newly adopted Union acts falling within the scope of the Windsor Framework to the relevant Annexes to the Windsor Framework. (2) 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 such decisions, which have the same legal effect as the Withdrawal Agreement. (3) Regulation (EU) 2025/327 of the European Parliament and of the Council ( 3 ) is a newly adopted Union act, Chapter III of which, to the extent that it contains conditions and technical specifications for the placing on the market of products or relates to the provision of services that may affect the free movement of products, falls within the scope of the Windsor Framework and should be added to Annex 2 to the Windsor Framework. This does not apply to Article 29 of that Regulation, which falls outside the scope of the Windsor Framework, HAS ADOPTED THIS DECISION: Article 1 Chapter III of Regulation (EU) 2025/327 of the European Parliament and of the Council of 11 February 2025 on the European Health Data Space and amending Directive 2011/24/EU and Regulation (EU) 2024/2847, as regards conditions and technical specifications for the placing on the market of products, and for their putting into service insofar as the free movement of products is concerned, shall be added to Annex 2 to the Windsor Framework under point 47 ‘Other’, with the exception of Article 29 of that Regulation. Article 2 This Decision shall enter into force on the day following the date of its adoption. Done at …, … For the Joint Committee The Co-chairs ( 1 ) OJ EU L 29, 31.1.2020, p. 7 , ELI: http://data.europa.eu/eli/treaty/withd_2020/sign . ( 2 ) Joint Declaration No 1/2023 of the Union and the United Kingdom in 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 ( OJ EU L 102, 17.4.2023, p. 87 ). ( 3 ) Regulation (EU) 2025/327 of the European Parliament and of the Council of 11 February 2025 on the European Health Data Space and amending Directive 2011/24/EU and Regulation (EU) 2024/2847 ( OJ EU L, 2025/327, 5.3.2025, ELI: http://data.europa.eu/eli/reg/2025/327/oj ). ELI: http://data.europa.eu/eli/dec/2026/2469/oj ISSN 1977-0677 (electronic edition)
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