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Windsor Framework

The Windsor Framework

24 March 2023: The EU-UK Joint Committee adopted a decision laying down the arrangements relating to the Windsor Framework.
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27 February 2023: A political agreement in principle by the Commission and UK government on a new way forward on the Protocol on Ireland / Northern Ireland

Today, the European Commission and the Government of the United Kingdom reached a political agreement in principle on the Windsor Framework. This constitutes a comprehensive set of joint solutions aimed at addressing, in a definitive way, the practical challenges faced by citizens and businesses in Northern Ireland, thereby providing them with lasting certainty and predictability.

The joint solutions cover, amongst other things new arrangements on customs, agri-food, medicines, VAT and excise, as well as specific instruments designed to ensure that the voices of the people of Northern Ireland are better heard on specific issues particularly relevant to the communities there. These new arrangements are underpinned by robust safeguards to ensure the integrity of the EU’s Single Market, to which Northern Ireland has a unique access.   

For more information:

Legal and other texts:

Stakeholder engagement

The voices of Northern Ireland stakeholders are heard through regular engagement at each level of the Withdrawal Agreement structures, also following the Windsor Political Declaration by the European Commission and the Government of the United Kingdom  of 27 February 2023.

In addition, the European Commission has introduced enhanced measures to deepen engagement with people and businesses with respect to the limited set of Union law that applies in Northern Ireland. COM statement of 27.2.2023

To facilitate the participation of Northern Ireland stakeholders in consultation processes relating to upcoming policy or legislative initiatives, a list of relevant upcoming initiatives will be made available here.

Upcoming EU Policy initiatives with relevance for Northern Ireland:

The information included under this section is intended for informational purposes only. Its content is regularly updated as appropriate, and it should be read in conjunction with the relevant provisions of the Windsor Framework and its annexes, in particular the notes/comments that define the application of certain legal acts for the purposes of the Windsor Framework.

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EU Impact Assessments

EU-UK relations: The Withdrawal Agreement Joint Committee met on 21 February.

An update regarding the Protocol on Ireland/Northern Ireland (‘the Protocol’) was on the meeting agenda. A series of factsheets on the Protocol in the areas of::

A series of factsheets on the Protocol on Northern Ireland/Ireland in the areas of:

  • supply of medicines
  • customs
  • sanitary and phytosantiary goods (SPS); and
  • stakeholder engagement

are available here

More information:

EU-UK relations: Commission delivers on promise to ensure continued supply of medicines to Northern Ireland, as well as Cyprus, Ireland and Malta

On 17 December 2020, the Commission has put forward proposals to ensure the continued long-term supply of medicines from Great Britain to Northern Ireland and to address outstanding supply concerns in Cyprus, Ireland and Malta. This means that the same medicines will continue to be available in Northern Ireland at the same time as in the rest of the United Kingdom, while specific conditions ensure that UK-authorised medicines do not enter the Single Market. The proposed bespoke solution reflects the outcome of extensive discussions between Vice-President Maroš Šefčovič, and the UK Cabinet Office Minister, David Frost, and takes into account the concerns raised by stakeholders.  With this solution, the Commission is delivering on its intention to facilitate the implementation of the Protocol on Ireland/Northern Ireland on the ground, in line with the package of far-reaching solutions for Northern Ireland tabled on 13 October 2021.

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Protocol on Ireland and Northern Ireland

Since very early on in the Withdrawal Agreement negotiations, both the United Kingdom and the EU acknowledged the unique circumstances on the island of Ireland. They recognised the necessity of safeguarding the 1998 Good Friday (Belfast) Agreement, avoiding a hard border on the island of Ireland and protecting North-South cooperation.

This solution was found in the form of the Protocol on Ireland and Northern Ireland, which:

  • Avoids a hard border between Ireland and Northern Ireland, thereby enabling the smooth functioning of the all-island economy and safeguarding the Good Friday (Belfast) Agreement in all its dimensions;
  • ensures the integrity of the EU’s Single Market for goods, along with all the guarantees it offers in terms of consumer protection, public and animal health protection, and combatting fraud and trafficking,

The Protocol on Ireland and Northern Ireland was conceived as a stable and lasting solution, and will apply alongside any agreement on the future partnership.

Its substantive provisions start to apply on 1 January 2021.

  • 31 JANUARY 2020
Protocol on Ireland and Northern Ireland
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(1.85 MB - HTML)
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Main elements of the Protocol

  • Alignment with EU rules: as of the end of the transition period, Northern Ireland is subject to a limited set of EU rules related to the Single Market for goods and the Customs Union. The Union's Customs Code, for example, applies to all goods entering or exiting Northern Ireland.
  • Necessary checks and controls must take place at Points of Entry on goods entering Northern Ireland from the rest of the United Kingdom or any other third country. This also means that the UK, acting in respect of Northern Ireland for the implementation of the Protocol, must ensure that, amongst other things, the relevant sanitary and phyto-sanitary (“SPS”) controls are carried out.
  • EU customs duties apply to goods entering Northern Ireland from any other part of the United Kingdom or any other third country unless those goods are not at risk of moving on to the EU.  The Protocol contains a presumption that all goods entering Northern Ireland from a third country (i.e. from any other part of the United Kingdom or from other third countries) are at risk of moving on to the Union. Such goods may only exceptionally be considered “not at risk” of moving on to the Union, if the goods concerned are (i) not subject to commercial processing in Northern Ireland and (ii) fulfil additional conditions for being considered “not at risk” set out inthe Joint Committee Decision on “goods not at risk”. Where it is established, based on these conditions, that goods from any other part of the United Kingdom than Northern Ireland may be considered “not at risk”, no customs duties are applicable; and where it is established, based on these conditions, that goods from any other third country may be considered “not at risk”, the UK’s customs duties are applicable.
  • The application and implementation of the Protocol is the sole responsibility of UK authorities acting in respect of Northern Ireland (Article 12 (1)).
  • In order to live up to their responsibilities pursuant to Article 12 of the Protocol, EU institutions and bodies must be able to monitor the implementation of the Protocol by UK authorities. Article 12 (2) therefore provides for a ‘Union presence’ during any implementation activities by the UK authorities.
  • The Joint Committee Decision 6/2020 sets out practical working arrangements aimed at ensuring an effective exercise of the ‘Union presence’ established by Article 12 of the Protocol.

October 2021 package

On 13 October 2021, the European Commission proposed bespoke arrangements to respond to the difficulties that people in Northern Ireland have been experiencing because of Brexit.

This package of measures proposes further flexibilities in the area of food, plant and animal health, customs, medicines and engagement with Northern Irish stakeholders.

It proposes a different model for the implementation of the Protocol, facilitating the movement of goods from Great Britain to Northern Ireland, while protecting the Single Market through specific conditions and safeguards, such as robust monitoring, increased market surveillance and enforcement mechanisms.

What is the consent mechanism?

The Protocol on Ireland and Northern Ireland provides for a new mechanism on “consent”, which gives the Northern Ireland Assembly a decisive voice on the long-term application of relevant EU law made applicable by the Protocol in respect of Northern Ireland. This consent mechanism concerns the application of EU law on goods and customs, the Single Electricity Market, VAT and State aid, as currently foreseen by the Protocol.

In practice, this means that four years after the start of application of the Protocol on 1 January 2021, the Assembly can, by simple majority, give consent to the continued application of relevant Union law, or vote to discontinue its application. In the latter case, the Protocol would cease to apply two years later.

Every four years thereafter, the Assembly can vote on the continued application of relevant Union law. In case a vote of the Assembly gathers cross-community support for the continued application of relevant Union law, the next vote can only take place eight years thereafter. 

More information

Documents

Related links

Meetings of the EU-UK Joint and Specialised Committees under the Withdrawal Agreement