The “Windsor Framework” announced by British Prime Minister Rishi Sunak and European Commission President Ursula von der Leyen on Monday has been welcomed by agri-food industry leaders in NI, although solutions to some outstanding issues are still to be found.
Not mentioned in any of the published documents are cattle and sheep movements from Britain to NI. Under current rules, breeding sheep coming to NI must be from scrapie-monitored flocks, while NI cattle taken to sales in Britain cannot return to NI for six months, unless the sale is export-approved.
“We are disappointed that no clarity has been forthcoming on cattle and sheep movements to NI, especially of pedigree stock. It is something that must be addressed,” commented John Martin from Holstein NI.
The issue of cattle movements from Britain to NI was raised in the House of Commons on Monday in separate questions by DUP MPs Ian Paisley Jnr and Paul Girvan, although on both occasions Prime Minister Sunak avoided the subject in his response.
It is understood that livestock imports to NI have not been high on the agenda in recent months, partly because the Commission view is that there are options now available. In the case of cattle sales, marts in Britain could chose to have these events export-approved, allowing cattle to return to NI immediately if unsold or bought by another NI breeder. No export-approved cattle sales have taken place to date.
But there is some optimism that the new spirit of co-operation evident between the UK and EU this week could yet bring about more practical and workable solutions.
Also not yet fully resolved is the movement of veterinary medicines from Britain to NI, although with a three-year grace period agreed at the end of 2022, there is “time to establish a long-term solution,” notes a UK government paper.
Other outstanding issues raised by the Ulster Farmers’ Union (UFU) include the authorisation of plant protection products for use in NI, and movement of grain for livestock feed.
“Through improved engagement and constructive discussions, we want to see solutions found that deliver for those impacted by these challenges,” said UFU president David Brown.
However, he said it was “extremely positive” that progress has been made in other areas, in particular the existing ban on various plants, seeds and seed potatoes coming to NI. Under the “Windsor Framework”, NI growers will be able to access seed potatoes direct from counterparts in Britain. A new scheme is expected to come into force in October 2023.
Machinery
The UK and EU have also agreed new permanent arrangements for movement of used agricultural machinery, which under the original terms of the NI Protocol had to be accompanied by an official plant health certificate. Going forward, importers will have to ensure the machine is clean, with a NI plant health label attached.
At the core of the new “Windsor Framework” agreement between the UK and EU is a system of red and green lanes for agri-food retail goods coming into NI from Britain.
Under the terms of the NI Protocol, to ensure NI business could continue to freely move goods to the EU, a border was effectively established down the Irish Sea, with checks applied at NI ports of entry.
In the new arrangement, retail goods from Britain to be sold in shops in NI will face much reduced checks and controls (green lanes), although goods that are destined for onward transit to the Republic of Ireland and the EU will still be subject to full EU controls (red lanes).
Previously prohibited chilled meats, such as sausages, will be allowed to come to NI. All food products from Britain will have to be labelled as “not for EU”, starting with meat and fresh dairy products from October 2023.
A big political issue has centred on the role of the European Court as the ultimate arbiter of EU law. Given that NI will continue to produce goods to EU standards (facilitating access to the EU market) “there will be some role for EU law”, noted Prime Minister Sunak in the House of Commons on Monday.
He said his aim is to keep EU laws to the minimum amount necessary to avoid a hard border in Ireland, with the Stormont Assembly also given powers to potentially block new EU rules. That is coming by way of a “Stormont brake”, where at the request of 30 MLAs, the UK government could choose to stop a new EU law applying in NI.
While Prime Minister Sunak was keen to emphasise that this mechanism “ensures sovereignty for the people of NI”, it is also clear that a high bar exists for it to be triggered. Papers published by the EU refer to it only being used in “the most exceptional circumstances” and “as a last resort”.