New way forward on the Protocol on Ireland/Northern Ireland: Council greenlights main elements of the Windsor Framework

The Council has adopted two decisions related to the Windsor Framework, a new joint way forward on the Protocol on Ireland/Northern Ireland on which the Commission and the UK government reached a political agreement in principle on 27 February 2023.

The decisions, establishing the EU’s position in the Joint Committee and the Joint Consultative Working Group set up under the EU-UK Withdrawal Agreement, allow the EU to agree to the main elements of the Windsor Framework within these two bodies, translating them into legally binding commitments.

The adoption of the acts demonstrates the EU’s commitment to implementing the joint solutions that have been found to address practical difficulties in implementing the Protocol on Ireland/Northern Ireland on the ground.

The agreement on the Windsor Framework is a truly positive achievement ahead of the 25th anniversary of the Good Friday Agreement. It will benefit people and businesses in Northern Ireland and should allow the EU and the UK to open a new chapter in our relations. The member states stand united behind the European Commission in their support for the agreed solutions and look forward to their swift implementation in good faith

– Jessika Roswall, Minister for EU Affairs of Sweden

Measures covered by the Council decisions

The Joint Committee, which comprises EU and UK representatives and is responsible for overseeing the implementation and application of the Withdrawal Agreement, is due to hold its next meeting before the end of March.

The first Council decision allows the EU to agree to a Joint Committee decision and a set of joint recommendations to be made at that meeting, as well as to take note of unilateral declarations by the UK.

The main element of this package is the draft Joint Committee decision, which sets out targeted amendments to the Protocol on Ireland/Northern Ireland, new provisions on the determination of goods not at risk of subsequently being moved into the EU, and an enhanced coordination mechanism for issues related to VAT and excise concerning goods.

Together, the decision, recommendations and declarations cover most aspects of the agreement on the Windsor Framework in the areas of customs, state aid, VAT and excise, as well as governance and stakeholder engagement.

In addition, the Joint Consultative Working Group, which serves as a forum for exchange of information and consultation between the EU and the UK on issues related to Northern Ireland, is expected to change its rules of procedure at a forthcoming meeting to provide for the establishment of structured sub-groups.

The second Council decision allows the EU to also agree to this change, which will better ensure that the UK is able to discuss its views on EU acts within the scope of the protocol, including on the basis of input provided by stakeholders in Northern Ireland.

Pending legislative proposals

To put the agreement in place on the EU side, the Commission has also presented three legislative proposals concerning sanitary and phytosanitary measures, medicinal products for human use, and tariff rate quotas. The proposals will need to be adopted by the European Parliament and the Council in accordance with the ordinary legislative procedure.

The EU co-legislators are examining these proposals at full speed with a view to reaching agreement on them as soon as possible.

Background

The political agreement in principle on the Windsor Framework comprises 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.

It reflects the EU’s longstanding commitment to agreeing solutions with the UK for the benefit of people and businesses in Northern Ireland as well as its commitment to protect the Good Friday Agreement in all its parts.

The joint solutions cover a wide range of areas, such as customs, agri-food, medicines, state aid, VAT and excise, as well as governance and stakeholder involvement. They also include strong safeguards to ensure the integrity of the EU’s single market, to which Northern Ireland has unique access.

Under Article 164 of the Withdrawal Agreement, the Joint Committee has the possibility, for a four-year period from the end of the transition period (i.e. until the end of 2024), to adopt amendments that are necessary to correct errors, address omissions or other deficiencies, or address situations unforeseen when the Withdrawal Agreement was signed, without amending its essential elements. It is therefore the appropriate body to adopt the main elements of the Windsor Framework.