Implementation of the Windsor Framework

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• EU legislation
• UK legislation

The Windsor Framework was formally adopted through a decision by the EU-UK Joint Committee, alongside various recommendations, joint declarations and unilateral declarations.

In addition, legislation has been passed by the EU and UK to implement elements of the Framework.

EU legislation

• The regulation on certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland provides for core elements of the arrangements for agri-food, and easements for movement of plants, seed potatoes, and pets.
• The regulation on specific rules relating to medicinal products for human use intended to be placed on the market in Northern Ireland gives effect to the solution on medicines in the Windsor Framework.
• The regulation to provide for simplified customs formalities for trusted traders and for sending parcels into Northern Ireland from another part of the United Kingdom puts in place easements regarding customs requirements for the movement of certain parcels.
• Legislation on certain plants (trees and shrubs) from the UK - this removes these plants from the EU’s high-risk plant list and therefore enables them to move from GB to NI.
• The regulation on the application of Union tariff rate quotas and other import quotas to certain products transferred to Northern Ireland allows certain categories of steel to be moved tariff-free from GB to NI under the EU’s tariff rate quotas for steel.

UK secondary legislation

• The Windsor Framework (Implementation) Regulations 2024 gives the UK Government powers to issue statutory guidance about the arrangements for implementation of the Windsor Framework and confers powers on Government Ministers so they can do anything that a Northern Ireland Minister could do for the purpose of observing or implementing the relevant provisions of the Windsor Framework.
• The Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 amends section 7A of the European Union (Withdrawal) Act 2018 to reflect the Stormont Brake, among other measures.
• The Windsor Framework (UK Internal Market and Unfettered Access) Regulations 2024 amends the UK Internal Market Act 2020 to provide protection in law against exit procedures on goods moving from NI to GB. It affirms unfettered access for NI goods moving to GB, regardless of future regulatory changes. The regulations amend the Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020 to ensure that unfettered access benefits Northern Ireland traders only, not businesses which may divert goods to Northern Ireland to obtain the same benefit.
• The Windsor Framework (Democratic Scrutiny) Regulations 2024 sets out the procedure for the Stormont Brake and applicability motions.
• The Windsor Framework (Enforcement etc.) Regulations 2023 will ensure there is a legislative basis for the “pragmatic and proportionate enforcement” of GB public health, marketing and organics standards in NI for goods moved under the Northern Ireland Retail Movement Scheme and for the NI Plant Health Label scheme.
• The Customs (Northern Ireland) (EU Exit) (Amendment) Regulations 2023 makes changes to customs rules as per the Windsor Framework. This includes the expansion of the range of goods which are considered not “at risk” of moving into the EU, and therefore are not subject to EU customs duties.
• The Windsor Framework (Plant Health) Regulations 2023 legislates for the removal of certain requirements for moving plants for planting, and seed potatoes from GB to NI. It establishes a Northern Ireland Plant Health label regime.
• The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 gives effect to the Northern Ireland Retail Movement Scheme, which implements the arrangements for retail agri-food. It will make legal changes so goods moved from GB to NI under the scheme must meet only GB rules on public health, marketing and organics standards.
• The Windsor Framework (Financial Assistance) (Marking of Retail Goods) Regulations 2023 allows the establishment of a new scheme so financial assistance can be provided to businesses for the costs associated with new labelling requirements.
• The Windsor Framework (Retail Movement Scheme) Regulations 2023 makes changes regarding the controls and checks applied to retail goods moving under the Retail Movement Scheme.
• The Postal Packets (Miscellaneous Amendments) Regulations 2023 enables HMRC and Border Force to “seize, detain or inspect goods, both B2B and consumer, sent from GB to NI in order to ensure that they do not circumvent legislative requirements” under the Windsor Framework.
• The Windsor Framework (Disclosure of Revenue and Customs Information) Regulations 2023 allows HMRC to share information on the movements of goods with the EU, as required by the Windsor Framework.