Brexit & Beyond newsletter
23 September 2024
Welcome to the 23 September 2024 Brexit & Beyond newsletter
Last week the Secretary of State for Northern Ireland announced the members of the Windsor Framework Independent Monitoring Panel.
Phase 2 of the ‘not for EU’ product labelling scheme which was to be rolled out from 1 October, has been postponed while the UK government reviews the policy.
The European Commission this week published a Council Decision setting out the position that the EU will take in the next EU-UK Joint Committee meeting. It proposes that two new laws are added to the list of law which applies in Northern Ireland under Annex 2 of the Windsor Framework.
On Friday, the Court of Appeal in Belfast, delivered judgment in the challenge to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. It upheld the High court finding that Article 2(1) of the Windsor Framework is directly effective and can be relied upon domestically.
Windsor Framework Independent Monitoring Panel
On Thursday (19 September), the Secretary of State, Hilary Benn, announced Aidan Reilly, Anna Jerzewska and Alastair Hamilton as members of the Independent Monitoring Panel at the 25th Anniversary Summit of the Centre for Cross Border Studies in Dundalk, County Louth. The Panel will monitor and report on the implementation of the Windsor Framework so that Government and other authorities are held to account.
The Panel also has role in any review which may be held after the Democratic Consent vote to be held in the Northern Ireland Assembly later this year.
Secretary of State Hilary Benn addressing the 25th Anniversary Summit of the Centre for Cross Border Studies
The Secretary of State also underscored the Government’s commitment to the establishment of Intertrade UK, to be chaired by Baroness Foster. These two bodies were proposed in the Safeguarding the Union Command Paper earlier this year. Intertrade UK will offer guidance and support to businesses, so they can expand their reach within the UK internal market.
Labelling and packaging following agreement of the Windsor Framework
The Windsor Framework sets out dedicated arrangements to support the flow of agrifood retail products into Northern Ireland. Since October 2023, under the Northern Ireland Retail Movement Scheme (NIRMS), meat and dairy products sent from Great Britain for the Northern Ireland market have had to be labelled with the words “not for EU”.
In its ‘Safeguarding the Union’ command paper earlier this year, the previous Conservative government had pledged to “safeguard supply of retail products in Northern Ireland by removing disincentives for suppliers or retailers to place goods on the market in Northern Ireland and requiring that Windsor Framework labelling requirements on agrifood products are applied across Great Britain and not just in Northern Ireland.”
Under the NIRMS, meat and dairy products sent from Great Britain for the Northern Ireland market have had to be labelled with the words “not for EU”
Phase 2 of the scheme requiring the ‘not for EU’ labelling on all meat and dairy products across the UK was to be rolled out from 1 October 2024 but it was reported this week that the UK government intends to review the policy. This follows warnings from industry that the scheme could cause significant disruption producers and suppliers.
The labelling requirements are to be rolled out to most supermarket retail goods by July 2025.
A spokesperson for the Department for Environment, Food and Rural Affairs said: “Ministers are carefully considering the evidence provided in the recent ‘not for EU’ labelling consultation.”
“We are committed to taking all necessary steps to protect the UK internal market and are continuing to engage with businesses to ensure the smooth flow of goods to Northern Ireland.”
Judith Bryans, the chief executive of Dairy UK, said she welcomed the announcement that the marking requirement would no longer be rolled out in October.
“Had this initiative gone ahead with new labels being required on pack by 1 October, it would have resulted in chaos for dairy and added significant unnecessary cost and a huge admin burden to businesses,” she said.
Meanwhile Karen Betts, CEO of the Food & Drink Federation, commented, “We’re pleased that the new government has approached this issue with an open mind,” “There is undoubtedly a problem to be solved that is going to require a bit of flexibility.”
Product regulations
The Product Regulation and Metrology Bill was introduced in the House of Lords earlier this month. Its second reading is scheduled for 8 October. This will give the Government powers to make product regulations providing that product requirements are to be treated as being met if they comply with requirements set out in relevant EU law. The Bill’s Explanatory Notes state this is to ensure “that the law can be updated to allow a means of recognising new or updated EU product requirements, with the intention of preventing additional costs for businesses and provide regulatory stability.”
European Commission
The European Commission this week published a Council Decision setting out the position that the EU will take in the next EU-UK Joint Committee meeting. It proposes that the Joint Committee will add two new EU acts to Annex 2 of the Windsor Framework to Annex 2.
- Regulation (EU) 2024/1392 which provides for temporary Autonomous Trade Measures (e.g. suspension of customs duties, tariff-rate quotas and of anti-dumping duties) supplementing trade concessions applicable to Ukrainian products under the EU-Ukraine Association Agreement.
- Regulation (EU) 2024/1501 which provides for temporary Autonomous Trade Measures supplementing trade concessions applicable to products from the Republic of Moldova under the EU- Moldova Association Agreement.
Both regulations extend the existing temporary ATMs in place for Ukraine and Moldova for another year. These provisions were previously added to Annex 2 of the Windsor Framework on 28 September 2023.
Under the Windsor Framework, the UK Government committed that it would not agree to the addition of new EU law to the Framework unless the Assembly has indicated its support by passing an applicability motion.
You can find out more about EU law and the Assembly, including the applicability motion process here.
Legacy Act Judgment
On Friday, the Court of Appeal delivered judgment in the challenge to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. As well as a separate challenge to the Act by bereaved relatives, the UK government had appealed the previous High Court ruling where Justice Colton found that the Act breached elements of Article 2 of the Windsor Framework relating to diminution of rights post Brexit. It upheld the High court finding that Article 2(1) of the Windsor Framework is directly effective and can be relied upon domestically via section 7A of the European Union (Withdrawal) Act 2018. It said the non-diminution guarantee is expressed in clear and unambiguous terms and that it was " self-evident that the 2023 Act has resulted in a diminution of the rights enjoyed by the applicants as they have been deprived of access to inquests, police and Police Ombudsman investigations, the potential of criminal prosecutions of offenders and civil remedies against alleged perpetrators.”
The Royal Courts of Justice, Belfast
Other news
- On Thursday, the Guardian exclusively reported findings from Pan UK, that since Brexit, over 100 items of food can now carry more pesticides when sold to the public. The food items range from potatoes to onions, grapes to avocados, and coffee to rice. Northern Ireland has retained the EU maximum residue levels. DAERA is responsible for implementing EU pesticide-related legislation and for pesticide policy in Northern Ireland.
- The FT reports that issues with the post-Brexit border system are prompting a growing number of UK plant and food traders to try to set up their own “control points” where products can be inspected, as an alternative to state-run facilities.
- The Ulster Farmers’ Union and Irish Farmers’ Association are calling for a pause on all livestock imports to protect the island of Ireland from bluetongue (BTV-3), as infection rates are rising rapidly in Great Britain and across Europe.
- On Wednesday, Anand Menon, Director of the think tank, UK in a Changing Europe, announced that the Economic and Social Science Research Council (ESRC), have decided not to continue funding it beyond April 2025.
- The European Centre for International Political Economy (ECIPE) has published its report, “Negotiating Uncertainty in UK-EU Relations: Past, Present, and Future” which outlines a plan to improve UK-EU relations.
- Politico reports that the French Prime Minister Michel Barnier has put together his Cabinet, placing some junior ministers under his authority to directly oversee key policies, including on European affairs.
