Governance of the EU-UK Withdrawal Agreement and Windsor Framework
Synopsis: This page contains information on the governance of the EU-UK Withdrawal Agreement and Windsor Framework.
Withdrawal Agreement
Oversight bodies were established within the Withdrawal Agreement to ensure the proper implementation and application of the agreement. There are three tiers of governance, each reporting upwards to the other.
a) Joint Committee
The primary tier of governance is the Joint Committee which is responsible for the implementation and application of the Withdrawal Agreement (WA). Six Specialised Committees sit under the Joint Committee. The Joint Committee has the power to amend the WA in certain areas but cannot change essential elements of it. The Committee provides a forum to resolve disputes regarding its application and if no solution can be found, disputes will be referred to an arbitration panel. In December 2020 the Joint Committee published a list of 25 persons who would be able to serve as members of an arbitration panel.
Governance structure for the Withdrawal Agreement
The Joint Committee was tasked with taking decisions by the end of the transition period on areas relating to the Protocol on Ireland/Northern Ireland* such as the definition of ‘not at risk’ goods, agricultural subsidies, and the presence of EU representatives in Northern Ireland. The Joint Committee furthermore keeps under review EU and UK efforts to facilitate trade between NI and GB, the implementation of EU VAT rules in NI, and considers whether new EU acts are in the scope of the Windsor Framework and should be therefore included in the list of EU law applying to Northern Ireland.
*In March 2023, the Protocol on Ireland/Northern Ireland was renamed the Windsor Framework.
The UK’s Minister for European Union Relations Nick Thomas-Symonds co-chairs the Joint Committee, alongside European Commission Vice-President Maroš Šefčovič. Previously the role was held on the UK side by former Foreign Secretary Lord Cameron until 5 July 2024. Prior to that the role had been held by James Cleverly (then Foreign Secretary) until November 2023, Liz Truss (then Foreign Secretary) until September 2022, David Frost (then Minister of State at the Cabinet Office with responsibility for EU Exit) until December 2021, and Michael Gove (then Chancellor of the Duchy of Lancaster) until March 2020. The Joint Committee is the only decision-making structure within the three tiers of governance. In the ‘New Decade, New Approach’ agreement which restored devolved government to Northern Ireland, the UK Government made a commitment to ensure:
“that representatives from the Northern Ireland Executive are invited to be part of the UK delegation in any meetings of the UK-EU Specialised or Joint Committees discussing Northern Ireland specific matters which are also being attended by the Irish Government as part of the European Union’s delegation.”
The UK’s Minister for European Union Relations Nick Thomas-Symonds co-chairs the Joint Committee with European Commissioner-designate for Trade Maroš Šefčovič.
The Joint Committee first met in March 2020. It held a significant meeting in December 2020 to adopt decisions relating to the implementation of the Protocol which clarified issues including the criteria for ‘not at risk’ goods entering NI, the application of EU state aid rules, and grace periods for medicines and meat products. On 24 March 2023, the Joint Committee adopted the new arrangements set out in the Windsor Framework. The Framework revises the Protocol in various areas, including customs, agri-food, medicines, VAT and excise, and includes a new mechanism for the involvement of the NI institutions. While the Joint Committee meetings take place in private, the EU and UK publish statements and any decisions adopted following the meetings. You can find this information on the UK Government’s Withdrawal Agreement webpage.
Previous meetings of the Joint Committee:
Meeting |
Agenda |
European Commission statement |
UK statement |
16 May 2024 |
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28 September 2023 |
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3 July 2023 |
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24 March 2023 |
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21 February 2022 |
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9 June 2021 |
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24 February 2021 |
Joint statement by the co-chairs
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17 December 2020 |
Joint statement by the co-chairs (8 December 2020)
Minutes of the fifth regular Withdrawal Agreement Joint Committee Various decisions and unilateral declarations were made at this meeting. |
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19 October 2020 |
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28 September 2020 |
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10 September 2020 (extraordinary meeting) |
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12 June 2020 |
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30 March 2020 |
The Joint Committee issues an annual report on the functioning of the Withdrawal Agreement.
b) Specialised Committee
In the second tier of governance, there are six Specialised Committees which report to the Joint Committee. These Specialised Committees focus on key areas within the Withdrawal Agreement and there is a Specialised Committee on the Implementation of the Windsor Framework (previously called the Protocol on Ireland/Northern Ireland). Article 14 of the Protocol/Windsor Framework states that the Specialised Committee on Northern Ireland should “examine proposals concerning the implementation and application of this Protocol from the North-South Ministerial Council and North-South Implementation bodies set up under the 1998 Agreement” and “consider any matter of relevance to Article 2 of this Protocol brought to its attention by the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland, and the Joint Committee of representatives of the Human Rights Commissions of Northern Ireland and Ireland”. The Specialised Committee is attended by officials from the UK and EU, including from the NI Executive. It first met in April 2020. You can find further details and statements from the meetings on the UK Government’s website.
In the Windsor Framework, the EU and UK agreed that the Specialised Committee can meet in a specific composition, the Special Body on Goods, where the EU and UK would exchange views on any future UK legislation on goods, which is relevant to the operation of the Windsor Framework. It will assess the potential impact of the legislation in Northern Ireland, and “anticipate and discuss any practical difficulties at stake”. Stakeholders may be invited to attend and it may make recommendations to the Joint Committee. [See the Joint EU- UK declaration on dialogue and goods]
An Enhanced Coordination Mechanism on VAT and excise was also established in the Windsor Framework. This format of the Specialised Committee is to assist the Joint Committee in reviewing the implementation and application of Article 8 of the Framework, which applies EU law on VAT and excise in Northern Ireland. It will exchange information and consult on future UK and EU VAT and excise legislation. [See the decision of the Joint Committee]. Its first meeting was held on on 15 June 2023.
Meetings of the Specialised Committee on the implementation of the Windsor Framework:
Meeting |
Agenda |
European Commission statement |
UK statement |
7th meeting of the Specialised Committee on the Implementation of the Windsor Framework
22 October 2024 |
Agenda | Joint Statement | |
6th meeting of the Specialised Committee on the Implementation of the Windsor Framework
18 July 2024 |
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5th meeting of the Specialised Committee on the Implementation of the Windsor Framework
25 April 2024 |
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4th meeting of the Specialised Committee on the Implementation of the Windsor Framework
24 January 2024 |
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3rd meeting of the Specialised Committee on the implementation of the Windsor Framework
20 September 2023 |
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2nd meeting of the Specialised Committee on the implementation of the Windsor Framework
23 June 2023 |
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1st meeting of the Specialised Committee on the implementation of the Windsor Framework
27 April 2023 |
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The EU and UK adopted the Windsor Framework in March 2023. |
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10th meeting of the Specialised Committee on the implementation of the Protocol on Ireland and Northern Ireland
8 March 2022 |
None issued |
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9th meeting of the Specialised Committee on the implementation of the Protocol on Ireland and Northern Ireland
24 September 2021 |
None issued |
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8th meeting of the Specialised Committee on the implementation of the Protocol on Ireland and Northern Ireland
19 July 2021 |
None issued |
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7th meeting of the Specialised Committee on the implementation of the Protocol on Ireland and Northern Ireland
26 March 2021 |
None issued |
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6th meeting of the Specialised Committee on the implementation of the Protocol on Ireland and Northern Ireland
23 February 2021 |
None issued |
None issued |
None issued |
5th meeting of the Specialised Committee on the implementation of the Protocol on Ireland and Northern Ireland
17 December 2020 |
None issued |
None issued |
None issued |
4th meeting of the Specialised Committee on the implementation of the Protocol on Ireland and Northern Ireland
5 November 2020 |
None issued |
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3rd meeting of the Specialised Committee on the implementation of the Protocol on Ireland and Northern Ireland
9 October 2020 |
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2nd meeting of the Specialised Committee on the implementation of the Protocol on Ireland and Northern Ireland
16 July 2020 |
None issued |
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1st meeting of the Specialised Committee on the implementation of the Protocol on Ireland and Northern Ireland
30 April 2020 |
None issued |
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c) Joint Consultative Working Group
The third tier of governance is the Joint Consultative Working Group (JCWG). Its function is outlined in the Windsor Framework to “serve as a forum for the exchange of information and mutual consultation”, including in relation to the implementation of EU law in Northern Ireland, and amendments or replacements to applicable EU legislation. The JCWG carries out its functions under the supervision of the Specialised Committee on the Implementation of the Windsor Framework, to which it reports.
The Working Group is the forum where the EU will inform the UK about “planned [European] Union acts within the scope of this Protocol, including Union acts that amend or replace the Union acts listed in the Annexes to this Protocol”, in other terms, the EU legislation which applies to Northern Ireland. [Source: Protocol on Ireland/Northern Ireland]
The group should meet once a month, according to the Protocol/Windsor Framework. The draft Rules of Procedure for the JCWG were drawn up following discussions between the EU and UK. The EU Council approved the EU’s position in October 2020, and at the first meeting of the JCWG the rules of procedure were agreed by the EU and UK. In the UK Government Explanatory Memorandum on the proposed rules of the procedure for the Joint Consultative Working Group, the Government committed to inviting officials from the Northern Ireland Executive to form part of the UK delegation to the JCWG meetings.
In the Windsor Framework, the EU and UK agreed to set up “structured sub-groups” to support the work of the Joint Consultative Working Group, where stakeholder input will inform discussions. The JCWG’s rules of procedure were amended by the Windsor Framework. Five structured sub-groups have been established.
When the Windsor Framework was announced, the European Commission also published a document on enhanced engagement with Northern Ireland stakeholders. It set out the following engagement measures:
- The European Commission’s annual Work Programme will be discussed with NI stakeholders, and in the JCWG.
- New EU initiatives relevant to NI will be published on the Commission’s webpage on the Protocol, as will relevant public consultations.
- The Commission will publish the implications for Northern Ireland of new policy initiatives in its impact assessments.
Meetings of the Joint Consultative Working Group (JCWG):
The Joint Consultative Working Group met 11 times in 2023, ten times in 2022, and eight times in 2021, according to the annual reports for the Joint Committee.
Junior Ministers from the Executive Office (TEO) have regularly briefed the Committee for the Executive Office on EU Exit matters. The following information has previously been provided about the Joint Consultative Working Group.
Meeting |
Published information |
8th meeting 2 December 2021 |
Briefing from TEO – January 2022: The Joint Consultative Working Group (JCWG) continues to take place on a monthly basis. The last meeting was held on 2 December 2021. |
7th meeting 15 November 2021 |
Correspondence from TEO - December 2021: This is an official level meeting and the Executive was represented by officials from the Office of the NI Executive in Brussels and TEO. The meeting included a stocktake of the information exchanged between the UK and EU since the previous meeting, discussion and clarification on information exchanged, and a discussion on the modalities of information exchange |
6th meeting 18 October 2021 |
Briefing from TEO - November 2021: A meeting of the Joint Consultative Working Group took place on 18 October 2021 with a further meeting scheduled for 15 November. The Executive was represented at this official level meeting, which included a stocktake of the information exchanged between the UK and EU since the previous meeting and a discussion on operational matters. |
5th meeting 14 September 2021 |
Briefing from TEO - September 2021: A meeting of the Joint Consultative Working Group took place on 14 September 2021. The Executive was represented at this official level meeting, which included a stocktake of the information exchanged between the UK and EU since the previous meeting and a discussion on operational matters. |
4th meeting 15 July 2021 |
This meeting was referenced in the Explanatory Memorandum for the EU's carbon border adjustment mechanism: At the Joint Consultative Working Group on 15 July 2021, the EU informed the UK that it considers the measure to be new legislation in scope of the Protocol. On this basis, we expect the EU to notify the UK through the Joint Committee once the Regulation is adopted, in accordance with the process set out Article 13(4). |
3rd meeting 12 May 2021 |
Briefing from TEO - June 2021: The last meeting of the Joint Consultative Working Group took place on 12 May. There is no meeting currently scheduled but meetings are expected to take place on a monthly basis in accordance with the rules of procedure. |
2nd meeting 15 April 2021 |
Briefing from TEO - April 2021: A meeting of the Joint Consultative Working Group took place on 15 April. The Executive was represented at official level at the short meeting which focussed on matters relating to the operation of the group. |
1st meeting 29 January 2021 |
Briefing from TEO – February 2021: The JCWG met for the first time on Friday 29 January 2021. The only item on the agenda was to adopt the rules of procedure. Only representatives of the European Commission and the UK Government were in attendance, however, Cabinet Office has advised that it remains committed to involving Northern Ireland Executive officials in the workings of the JCWG, including attendance at meetings.
Correspondence from TEO regarding JCWG membership - February 2021 Rules of procedure: These were approved by the EU via a Council Decision on 23 October and adopted by the UK and EU at the first meeting of the JCWG on 29 January 2021… the functions of the group as set out in the Protocol clearly indicate this group is intended to be a forum for exchange of information at official level between EU and UK Governments. The Rules of Procedure do not indicate a wider membership and no further information is available to the Executive Office at this time regarding the criteria for inviting experts or other persons to meetings of the JCWG or which sectors they may represent. |