Named the “new Windsor framework”, the revised Northern Ireland protocol has been described as a “decisive breakthrough” by Rishi Sunak and European Commission president Ursula von der Leyen.
What does it mean and what are the big breakthroughs?
Application of EU law
More than 1,700 EU laws that applied under the protocol no longer apply under the Windsor pact. Sunak told the House of Commons that just 3% of EU law would now apply in Northern Ireland.
Governance
Under the old rules, the EU had the powers to go to the European court of justice if it considered there was an infringement of EU law.
Brussels has now agreed that an arbitration panel involving judges from the UK and the EU will instead be the first port of call, which was seen as a significant compromise by the EU.
The Stormont brake
The “Stormont brake” appears to be the single biggest breakthrough and will give the UK government the power to veto any new EU laws applying to Northern Ireland.
It also requires part of the protocol to be opened up and rewritten, something the EU had previously said it would not do.
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, which gave ministers and the assembly the power to keep or ditch the protocol every four years.
Like the power-sharing mechanism created by the 1998 Good Friday agreement, ministers in Stormont would have a say on what EU laws applied and could apply an “emergency brake” for changes to rules.
“If the brake is pulled, the UK government will have a veto,” said the prime minister.
The effect of the brake will be to “remove the automatic ratchet effect” whereby any updates on existing EU law automatically applied in NI.
The brake cannot be applied in “trivial” circumstances and only apply to new EU rules “that would have a significant and lasting affect on everyday lives”. No definition of trivial versus significant has been identified in the documents accompanying Monday’s announcement.
Stephen Farry, the deputy leader of the Alliance party, has said they have concerns this would lead to “instability” in relation to law-making and may deter foreign investors who seek stability and legal certainty in markets.
It is yet to be seen whether the brake will pass the Democratic Unionist party and Brexit purists in the European Research Group who have been seeking the complete elimination of the application of EU law in Northern Ireland, claiming the protocol made Northern Ireland a “colony” of the EU.
Checks and customs controls on goods
Customs checks and controls including export declarations and complex certification for agrifood will disappear for traders moving goods destined to remain in Northern Ireland. This means a return to frictionless trade for supermarkets, corner shops and garden centres.
Goods instead will be tracked in a light-touch manner using the information that suppliers provide to ferries or airlines.
Retailers will be asked for their products to go through a “green lane” labelling their food “not for the EU”.
Sausages, chilled meats and fresh cheese
Chilled meats such as sausages and cheeses, which were banned under the old protocol, can move freely into Northern Ireland like other retail food products.
Some sanitary and phytosanitary checks will still apply as they did before in the interests of public health and disease control.
Parcel post
Parcels from people or businesses in Great Britain can now be sent to friends, family, and consumers in Northern Ireland as before Brexit without customs declarations, processes or extra costs under the old protocol. Parcels sent from business to business will travel via the green lane.
Medicines
There had been widespread concern over legislation passed by the EU in 2021 to guarantee medicines approved by British regulatory authorities would be available in Northern Ireland even if they were not approved by the European Medicines Agency.
Fears had been expressed in the pharmaceutical industry that a new cliff-edge in relation to testing specific batches of medicine and labelling would cause disruptions to critical medicines.
Under the new Windsor framework it appears this has now been addressed.
“The same medicines, in the same packs, with the same labels, will be available across the UK, without the need for barcode scanning requirements under the old protocol,” Sunak said.
Pets, garden plants and trees
Pets can also now travel freely with their owners across the UK, without expensive health treatments for diseases such as rabies or documentation from a vet.
VAT and state aid
A deal to allow Westminster – not Brussels – to set VAT, state aid and alcohol duty is also expected. This will be seen as a big concession by the EU.
Business groups say they want the changes to be implemented “at pace” with clear and detailed analysis of how those who want to trade in the EU and the UK will operate dual VAT arrangements.
Horizon Europe
The EU has announced it will start the process of ratifying the UK’s associate membership of the £85bn science research programme, Horizon Europe.
Protocol renamed
If the deal goes through, “Windsor agreement” will take Northern Ireland protocol’s place, and it will be recorded as an official pact in EU Council decisions.
