Mar 7th, 2023
7 mins
27th February saw the unveiling of The Windsor Framework, hailed as the answer to the problems surrounding the Northern Ireland Protocol.
Agreed by the Prime Minister – The Rt Hon Rishi Sunak MP, and European Commission President – Ursula von der Leyen, the Framework replaces the old Northern Ireland Protocol, effectively rewriting the treaty to fix the practical problems for the people and businesses of Northern Ireland whilst protecting Northern Ireland’s place within the Union and restoring the balance of the Belfast (Good Friday) Agreement.
To give businesses and individuals time to prepare, the implementation of the agreement will be phased in, with some of the new arrangements being introduced later this year and the remainder in 2024. In the meantime, the current temporary standstill arrangements will continue to apply.
The Windsor Framework legal text and command paper can be found here along with a set of explainers here. But for ease, please find a summary of the key points below:
- A simplified version of the Trusted Trader Scheme, the ‘UK Internal Market Scheme’, will allow goods destined for the NI market to flow freely through a ‘green lane’, without red tape or unnecessary checks.
- Goods from the Rest Of the World will also be allowed to pass through the green lane provided they are produced to UK/EU standards, meet UK public health standards, and pose no disease risk.
- All goods destined for the EU will use the ‘red lane’.
- Existing businesses who are already part of the Trusted Trader Scheme will be enrolled automatically.
- Businesses do not need premises in NI to join the scheme.
- The Scheme for Temporary Agri-food Movements to Northern Ireland (STAMNI) will continue until a new Retail scheme for the green lane is introduced in October 2023.
- Membership of the UK Internal Market Scheme will be broader than STAMNI encompassing a range of businesses for example wholesalers, caterers, hospitality, public sector food providers.
- Membership will be dynamic, meaning businesses can join and leave as supply chains develop and evolve over time.
- All paperwork accompanying the consignment will be reduced to a single manifest.
- The manifest will not need to be signed by a vet and there will be no requirements for certification of food (as when exporting to EU) or supporting paperwork for composite products.
- Checks on movements will be significantly reduced and any physical checks will be risk based and intelligence led.
- Commercial data will be shared with Government authorities before arrival in NI.
- All products sold on the UK market will be allowed to be sold in NI. Note: this removes the problem of EU ban on imports of meat preparations.
- Product regulations for food (and non-food) will follow UK standards in terms of public health and safety. For food, that covers all food production, organics, marketing, labelling, genetic modification, wines, spirits, and mineral water.
- NI will follow EU animal and plant health regulations, but there will only be a need for checks at the border where the Government approach to tackling disease differs from the EU.
- New labelling requirements for some higher risk foods will be introduced using a phased approach (October 2023 all fresh meat and dairy products, October 2024 all remaining dairy products, July 2025 composite products, fruit, vegetables, and fish). But as these are phased in, physical checks on vehicles will be significantly cut down to 5%.
- As labelling changes will be UK wide, Government will need to agree the form of labelling with Scottish and Welsh Governments
- The phasing period for any labelling changes will be two and half years, allowing industry time to make required changes.
- Customs changes will be implemented from October 2024.
Government departments will be busy ironing out the detail of the new Framework over the coming months but have promised to work with us to ensure the new processes are understood. We will bring you regular updates as that work progresses, but in the meantime, please check our website and newsletters regularly to keep abreast of the developments.
