Implementing the Protocol
On 13 June 2022 the UK Government publish its Northern Ireland Protocol Bill which, if passed, would have disapplied elements of the Protocol in UK law and give UK Ministers sweeping powers to make law in areas previously covered by the Protocol. Explanatory Notes, an explainer and the UK Government's legal advice and justification for the new Bill were also published.
On 15 June 2022 the European Commission published position papers on customs and SPS issues setting out more details regarding proposals made in its 'non-papers' in October 2021.
Eventually, a set of arrangements to address most issues was agreed in the Windsor Framework which was announced by the European Commission and the UK Government on 27 February 2023. It comprised a series of declarations either adopted at the time or proposed for adoption as well as legal texts proposed for subsequent adoption either jointly in the EU-UK Joint Committee or unilaterally by the EU (for a comprehensive overview see the dedicated section of the Protocol Monitor).
On 5 April 2023 the second Annual Report of the Withdrawal Agreement Joint Committee was published covering 2021.
At a meeting of the EU-UK Joint Committee on 3 July 2023, the UK and EU adopted a joint Decision to add two new EU acts to those already applicable in Northern Ireland under Article 5 and Annex 2 of the Windsor Framework. A joint statement was also published after the meeting.
On 17 July 2023 the third Annual Report of the Withdrawal Agreement Joint Committee was published covering 2022.
At a meeting of the EU-UK Joint Committee on 18 September 2023, the UK and EU adopted a joint Decision to add two new EU acts to those already applicable in Northern Ireland under Article 5 and Annex 2 of the Windsor Framework. A joint statement was also published after the meeting.
On 31 January 2024 the UK Government and the Democratic Unionist Party announced the conclusion of the Safeguarding the Union deal – a package of measures designed to address concerns regarding the implementation of the Windsor Framework. Alongside a Safeguarding the Union Command Paper, the UK Government published three pieces of draft legislation as part of the deal. Of these, the Windsor Framework (Constitutional Status of Northern Ireland) Regulations 2024 and the Windsor Framework (Internal Market and Unfettered Access) Regulations 2024 subsequently became law on 19 February, while the Windsor Framework (Marking of Retail Goods) Regulations, remains in draft form pending the outcome of a public consultation on the proposed legislation (which ended 15 March 2024).
At a meeting of the EU-UK Joint Committee on 16 May 2024, the UK and EU adopted a joint Decision to add a new EU act to those already applicable in Northern Ireland under Article 5 and Annex 2 of the Windsor Framework. A joint statement was also published after the meeting.
On 24 May 2024 the fourth Annual Report of the Withdrawal Agreement Joint Committee was published covering 2023.