PURPOSE: to allow consumer food products to be moved from Great Britain to Northern Ireland for final consumption.

LEGISLATIVE ACT: Regulation (EU) 2023/1231 of the European Parliament and of the Council on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland.

CONTENT: with this Regulation, the Union continues to put in place the Windsor framework , politically agreed between the Commission and the United Kingdom Government on 27 February 2023, to address, in a definitive manner, the challenges concerning Northern Ireland following the UK’s withdrawal from the EU.

The Regulation reflects joint solutions identified by the Commission and the UK for issues relating to food, plants, seeds and pets in Northern Ireland, where food is consumed in Northern Ireland, plants and seeds are used in Northern Ireland and pets are kept in Northern Ireland.

The Regulation sets out specific rules for the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of consumer goods, plants for planting, machinery and certain vehicles which have been used for agricultural or forestry purposes and seed potatoes, and for the non-commercial movement of pet animals.

The new rules regarding sanitary and phytosanitary measures, which protect animal, public and plant health, will make it possible to move agri-food retail products from Great Britain to Northern Ireland for end consumption there with minimal certification requirements and controls, once the agreed safeguards have been put in place.

These safeguards include sanitary and phytosanitary inspection facilities and “Not for EU” labelling, which will be introduced gradually by 1 July 2025.

The new rules mean:

- a drastic simplification of the requirements and procedures for the entry into Northern Ireland from other parts of the United Kingdom of certain retail goods subject to SPS Union acts destined for final consumers in Northern Ireland, with safeguards guaranteeing the protection of animal or plant health on the island of Ireland, of animal, public or plant health, and of the consumers in the Union’s internal market and the latter’s integrity;

- a new solution for the entry into Northern Ireland from other parts of the United Kingdom of products, including seed potatoes, plants for planting and machinery and vehicles which have been used for agricultural or forestry purposes, under specific conditions ensuring that plant health is protected in the Union;

- the United Kingdom’s public health and consumer protection standards can apply to those retail goods moved by authorised operators to Northern Ireland from other parts of the United Kingdom and consumed in Northern Ireland, with adequate markings and under appropriate safety conditions;

- non-commercial movement of pet animals accompanying persons travelling to Northern Ireland from other parts of the United Kingdom and staying in Northern Ireland would be able to move with simplified travel documentation.

The new provisions will begin to apply gradually once the EU has received appropriate written assurances from the UK on the implementation of the agreed safeguards.

ENTRY INTO FORCE: 2.7.2023.

The European Parliament adopted by 619 votes to 2, with 6 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland.

The European Parliament adopted its position at first reading by taking over the Commission's proposal.

This proposal reflects the joint solutions on food, plants, seeds and pet animals’ issues regarding Northern Ireland found by the Commission and the United Kingdom where the food is consumed in Northern Ireland, the plants and seeds are used in Northern Ireland and the pets stay in Northern Ireland. It lays down specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, machinery and vehicles, which have been operated for agricultural or forestry purposes, seed potatoes, as well as non-commercial movements of pet animals.

The new rules mean:

- a drastic simplification of the requirements and procedures for the entry into Northern Ireland from other parts of the United Kingdom of certain retail goods subject to SPS Union acts destined for final consumers in Northern Ireland, with safeguards guaranteeing the protection of animal or plant health on the island of Ireland, of animal, public or plant health, and of the consumers in the Union’s internal market and the latter’s integrity;

- the United Kingdom’s public health and consumer protection standards can apply to those retail goods moved by authorised operators to Northern Ireland from other parts of the United Kingdom and consumed in Northern Ireland, with adequate markings and under appropriate safety conditions;

- non-commercial movement of pet animals accompanying persons travelling to Northern Ireland from other parts of the United Kingdom and staying in Northern Ireland would be able to move with simplified travel documentation.

The proposal empowers the Commission to adopt the necessary implementing acts for the application of the specific rules on official controls and simplified certification requirements once the United Kingdom has offered certain guarantees and met certain conditions.