The “Windsor framework”, a compromise reached on Monday between the government and the European Commission, must still pass other stages of validation.
By Emmanuel Berretta
© Dan Kitwood/AFP
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IAdmittedly, the resistance of the British and the unionists of the DUP (Democratic Unionist Party) to applying the protocol on Northern Ireland has paid off. “London and Belfast obtained major flexibilities, never imagined before, comments Georg Riekeles, one of the negotiators at the time of Michel Barnier. So it’s not just about smart communication. This rewrites Brexit history. »
The European Union (EU) agrees to lower its guard and trust the British. Northern Ireland still has the particularity of belonging both to the single European market – with its own rules – and to being part of the British market – which will evolve differently. Called the “Windsor framework”, the new agreement reached on Monday February 27 introduces the idea that British products intended for the Northern Irish market alone will be labeled differently from those which are intended to enter, via Northern Ireland, to the rest. from Europe.
Simple labeling? In return, the EU secures real-time access to the computer system and databases of British customs. We expand the number of “trusted operators” who will not have to redo all the steps at each passage. Enough to reduce identity checks at the end of the process to only 5%. We make freight easier, we exempt from customs formalities the shipment of parcels. All drugs will be available at the same time in the UK and Northern Ireland.
This is intended to combine that UK public health standards will apply to retail agri-food products intended for final consumption in Northern Ireland, while EU plant and animal health standards will remain applicable for market protection unique to the EU.
The new approach is based on foreseeable risk. Pets – possibly carriers of viruses – will be able to move more easily between the United Kingdom and Northern Ireland. A simple travel document, a microchip and a statement from the owner that the pet will not be traveling to the EU will suffice. Once again, we rely a lot on trust. On the other hand, the EU has stood its ground on one principle: ultimately, the Court of Justice of the EU remains the only one to interpret European law and the “level playing field” must be ensured on State aid and VAT.
Possibility of veto
The great novelty of the device is the “Stormont brake”. The Northern Irish Parliament in Stormont will be able to suspend European directives which would substantially change daily life. If it is actioned at the request of 30 MPs out of the 90 who sit in the Parliament of Stormont, then the British government would have a right of veto. A device that goes much further than what had been planned so far in the Northern Irish protocol where the Assembly of Stormont had the right of approval every four or eight years.
It is then a bulk approval, take it or leave it. Here, with the “Stormont brake”, there is a form of choice on a case-by-case basis… “Even if it is not a ‘pick and choose’ mechanism, it is a very real possibility of veto, directive by directive”, analyzes Georg Riekeles. In return, if the “Stormont brake” is activated, the EU will have the option of suspending all the facilities. An extreme situation that everyone, today, wants to avoid…
READ ALSOMeeting between Charles III and Ursula von der Leyen: the tea of discordIn fact, this arrangement already exists within the European Economic Area (EEA), another type of EU partnership with Norway, Liechtenstein and Iceland. These three countries almost automatically adopt the European directives. They never used their veto power. We will see, over time, if the “Stormont brake” creates more trouble than expected.
The Brexit story is not quite over. If Rishi Sunak and Ursula von der Leyen have agreed on the outlines of the “Windsor framework”, it still has to go through other stages of validation. First, the Council of the EU must approve the amendments to the protocol on Ireland and Northern Ireland, which must then be ratified by the Joint Committee.
The EU has also committed to unilateral legislative amendments which will have to go through the ordinary procedure, therefore with the consent of the European Parliament and the Council. It is only ever the third negotiation of the Northern Irish protocol. There was that of Theresa May, erased by the version of Boris Johnson, now rewritten by Rishi Sunak. Hopefully the third is the right one.