British Prime Minister Rishi Sunak and European Commission President Ursula von der Leyen announced, on Monday 27 February, that they had reached an agreement on the implementation of the Protocol on Ireland and Northern Ireland, which will now be known as the “Windsor framework” in reference to the location of their meeting.
After more than a year of discussions on the protocol, which the British government considered unworkable because it hindered trade between Great Britain and the province of Northern Ireland, which belongs to both the British internal market and the European Single Market under the withdrawal agreement concluded in 2019 (see EUROPE 12351/2), the new ‘Windsor framework’ will be designed to provide “long-term” solutions for the citizens and businesses of the province.
It is also “the beginning of a new chapter” in the “sometimes difficult” relations between the two partners, the two leaders stated.
According to Mr Sunak, the new arrangement ensures full British “sovereignty” in Northern Ireland and minimises obligations under EU Single Market laws.
For Ms von der Leyen, the new arrangement at the same time preserves the “integrity” of the Single Market and reaffirms the “natural” role of the Court of Justice of the EU, which will remain the ultimate arbiter in the application of EU law.
The agreement sealed between the two leaders does, however, include a new “brake” tool given to the Northern Ireland Assembly at Stormont: 30 members of this assembly will be able to refer to the UK government when they have concerns about new or revised EU legislation.
In practical terms, the agreement will ensure that the same foodstuffs are available on supermarket shelves in Northern Ireland as in the rest of the UK in the sanitary and phytosanitary (SPS) area. Retail food products destined for final consumption in Northern Ireland will be able to leave Great Britain with minimal certification requirements and controls. UK public health standards will apply to retail agri-food products intended for final consumption in Northern Ireland, while EU plant and animal health standards will continue to apply to the protection of the EU Single Market.
It will also be easier to travel with pets between Great Britain and Northern Ireland.
On customs, the agreement proposes an extended ‘trusted trader’ scheme, which will also be open to UK companies. Goods carried by trusted traders and not at risk of entering the EU Single Market will benefit from radically simplified procedures and reporting requirements, a statement said.
Business-to-business, business-to-consumer and consumer-to-consumer parcels will be completely exempt from major customs formalities.
A permanent solution has also been found for access to all medicines in Northern Ireland at the same time and under the same conditions as citizens in the rest of the UK. New labelling will also ensure that medicines do not enter the EU Single Market.
The agreement also includes new flexibilities for the UK authorities to set minimum VAT rates in Northern Ireland.
Ms von der Leyen announced as well that the UK will soon be reintegrated into the Horizon Europe programme. And Rishi Sunak said that work will stop on the ”Northern Ireland Protocol” legislation introduced by Boris Johnson’s government in 2021.
“This new framework shows that joint efforts to find bilateral solutions to mitigate the consequences of Brexit can ensure stability and predictability for people and businesses in Northern Ireland while maintaining the integrity of the EU’s Single Market”, Nathalie Loiseau MEP, David McAllister MEP and Bernd Lange MEP, Co-Chairs of the European Parliament’s UK Contact Group, welcomed in a statement. (Original version in French by Solenn Paulic)