Aerospace Defence Security Space

Windsor Framework replaces Northern Ireland Protocol

Posted 27 February 2023

The Windsor Framework has been agreed today by the UK Prime Minister Rishi Sunak and European Commission President Ursula von der Leyen, replacing the old Northern Ireland Protocol and providing a new legal and UK constitutional framework.

A new way forward for a prosperous, stable future for Northern Ireland has been set out today, rewriting the Treaty to fix the practical problems for the people and businesses of Northern Ireland, that protects Northern Ireland’s place within the Union between Northern Ireland and Great Britain and restores the balance of the Belfast (Good Friday) Agreement in all its dimensions.

The Windsor Framework, agreed by the Prime Minister and European Commission President today, replaces the old Northern Ireland Protocol, dealing with the issues it has created and providing a new legal and UK constitutional framework.

It delivers free-flowing trade in goods between Great Britain and Northern Ireland by removing any sense of the border in the Irish Sea for goods staying within the UK. These goods will travel as normal through a new green lane without red tape or unnecessary checks, with the only checks remaining designed to prevent smuggling or crime.

It protects Northern Ireland’s place in the Union between Northern Ireland and Great Britain, replacing swathes of EU laws with UK laws and ensuring the people of Northern Ireland can benefit from the same tax policies, food and drink, medicines and parcels, as the rest of the UK.

It puts the people of Northern Ireland in charge with active democratic consent. The Agreement rewrites the Treaty text with a new Stormont Brake that means the UK can veto new EU goods laws if they are not supported by both communities in Northern Ireland, which goes far beyond previous agreements or discussions on the old Protocol.

At today’s press conference, Prime Minister Rishi Sunak said: “Today’s agreement is written in the language of laws and treaties. But really, it’s about much more than that.

“It’s about stability in Northern Ireland. It’s about real people and real businesses. It’s about showing that our Union, that has lasted for centuries, can and will endure.

“And it’s about breaking down the barriers between us. Setting aside the arguments that have for too long, divided us. And remembering the fellow feeling that defines us: This family of nations – this United Kingdom.”

European Commission President Ursula von der Leyen said: "We knew that for us to be able to make the most of the potential of our partnership, solutions were needed for the issues around the Protocol on Ireland and Northern Ireland. We knew it was not going to be easy. We knew we needed to listen to each other's concerns very carefully. Above all, we had to listen to the concerns of the people of Northern Ireland. We knew we had to work hard, with clear minds and determination. But we also both knew, dear Rishi, that we could do it. Because we were both genuinely committed to finding a practical solution for people and for all communities in Northern Ireland.

"Today, we can take pride in the fact that we have delivered on that commitment. Because today, we have reached an agreement in principle on the Windsor Framework. The Windsor Framework lays down new arrangements for the Protocol on Ireland and Northern Ireland."

The Windsor Framework delivers free-flowing movement of goods between Northern Ireland and Great Britain and removes any sense of a border in the Irish Sea within the UK. A new green lane (the UK internal market scheme) means traders moving goods destined for Northern Ireland will be freed of unnecessary paperwork, checks and duties, using only ordinary commercial information rather than burdensome customs bureaucracy or complex certification requirements for agrifood. The same type of standard commercial information used when moving goods from Birmingham to the Isle of Wight will be used Birmingham to Belfast. All goods destined for the EU will use the red lane.

All requirements have been scrapped for trade from Northern Ireland to Great Britain on a permanent basis, including the requirement for export declarations.

The legal text of the Treaty has been amended, so that critical VAT and excisechanges will apply to the whole of the UK. This means that zero-rates of VAT on energy saving materials like solar panels and alcohol duty reforms will now apply in Northern Ireland.

The UK Government can continue to provide generous and targeted subsidies across the UK. The ‘reach-back’ risks under the old Protocol have been addressed with new stringent tests, so there are now almost no circumstances in which the Protocol applies to UK subsidies, providing certainty for businesses to trade and invest in Northern Ireland. The UK Government expects more than 98% of Northern Ireland subsidies to be unaffected in practice.

The Windsor Framework safeguards sovereignty and fixes the democratic deficit by putting the people of Northern Ireland in charge. The new Stormont Brake means the democratically elected Northern Ireland Assembly can oppose new EU goods rules that would have significant and lasting effects on everyday lives in Northern Ireland. They will do so on the same basis as the ‘petition of concern’ mechanism in the Belfast (Good Friday) Agreement, needing the support of 30 members from at least two parties. The Stormont Brake has been introduced by fundamentally rewriting the Treaty and goes significantly further than the ‘all or nothing vote’ under the old Protocol every four years at most.

Over 1,700 of EU law have been removed and with it ECJ interpretation and oversight in areas like VAT, medicines and food safety – so the UK Government can decide and UK courts can interpret. The minimal set of EU rules – less than 3% – apply to preserve the privileged, unrestricted access for Northern Ireland businesses to the whole of the EU Single Market and avoid a hard border on the island of Ireland.

The agreement concludes months of intensive discussions between the UK and EU to address real world issues and needs of the people of Northern Ireland. Providing reassurance for the future, the UK and EU have agreed to work together to anticipate and deal with any other issues that may emerge and have made a joint declaration to resolve issues through dialogue, rather than formal dispute proceedings.

Alongside ‘The Windsor Framework: a new way forward’, the Government has published the full range of legal texts that underpin the Windsor Framework. These solutions put arrangements in Northern Ireland on an entirely new footing, with far-reaching changes to the old Protocol to provide lasting certainty and stability for citizens and businesses in Northern Ireland.

To give businesses and individuals time to prepare, the implementation of the agreement will be phased in, with some of the new arrangements for goods, agrifood, pets and plant movements introduced later this year and the remainder in 2024. In the meantime, the current temporary standstill arrangements will continue to apply.

The UK Government will no longer proceed with the Northern Ireland Protocol Bill, as the UK and EU have come to a negotiated agreement. Similarly, the agreement will mean the EU withdrawing all of the legal actions it has launched against the UK.

ADS Chief Executive, Kevin Craven said: “Today’s news that Prime Minister, Rishi Sunak and European Commission President, Ursula Von der Leyen, have principally agreed the Windsor Framework, is a significant milestone in the resolution of the long-standing issues with the Northern Ireland Protocol.

“We hope that the Windsor Framework will enable Northern Ireland businesses to continue to effectively serve the global aerospace industry and help facilitate progress on other outstanding issues including access to Horizon Europe, the EU R&D Programme.

“In the coming months, we look forward to working with the UK Government, Stormont, and the EU to understand the implementation of the Windsor Framework, enabling ADS Members in Northern Ireland to excel and deliver growth for the region.”

ADS Northern Ireland Director, Leslie Orr said: “The Windsor Framework is an important step towards resolving complexities and administrative burdens with the Protocol. We look forward to working with members to understand the details of the new Framework and how it helps their ability to trade.

“Northern Ireland is home to a strong aerospace industry, renowned globally for its excellence and the Windsor Framework is a very important step in unlocking sustained economic growth and investment, enabling ADS Northern Ireland Members to do what they do best.”