The Windsor Framework: one step closer to a single UK market

As a result of Brexit and the Northern Ireland Protocol, the current product compliance regime applicable to products placed on the Northern Ireland market currently requires that EU law continues to apply to such products, resulting in a dual regulatory regime. Our earlier product compliance and liability article (here) briefly addresses the regulatory position applicable to Northern Ireland. The UK Government guidance (here) continues to set out the current regulatory position, including the use of the UKNI marking under certain circumstances.

The UK Government and the EU Commission recently reached initial agreement, by way of the so-called ‘Windsor Framework’ (here), regarding the potential future practical implementation of the Northern Ireland Protocol in a way that alleviates some of the challenges brought about by the dual regulatory regime.  From an internal UK internal market perspective (i.e. trade between Great Britain to Northern Ireland), the Windsor Framework essentially suggests that products placed on the Northern Ireland market, and which are intended to stay within Northern Ireland (and the UK), will be freed of unnecessary paperwork, checks and duties, using only ordinary commercial information rather than customs processes.  In contrast, goods moving into the EU (from Northern Ireland) will continue to be subject to ordinary third country processes and requirements, including customs procedures.  This general principle (green lane versus red lane) was foreshadowed in the draft Northern Ireland Protocol Bill, which has since been halted (see our earlier update here).

What does this mean for product compliance generally?  While the Windsor Framework does not address general product compliance matters such as CE/UKCA marking and conformity assessment, it does address specific product categories (such as agrifood, medicines, etc.) and suggests that UK product compliance requirements (currently applicable to Great Britain) will also apply to products intended for the Northern Ireland market (which currently need to comply with EU legislation). 

It is important to bear in mind that the Windsor Framework is still in draft form and must still be adopted formally by both the UK and the EU before it can take effect.  It is therefore important to keep an eye on the developments in this area to assess the potential practical effect these may have on the supply of products on the Northern Ireland market.  Watch this space.

For any questions regarding these and any other product compliance questions in the UK, EU and elsewhere, please do not hesitate to reach out to us.