WRITTEN STATEMENT

BY

THE WELSH GOVERNMENT

 

TITLE

 

The draft Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023

DATE

 06 September 2023

BY

Lesley Griffiths Minister for Rural Affairs and North Wales, and Trefnydd

 

 

Members of the Senedd will wish to be aware that we are giving consent to the Secretary of State exercising a subordinate legislation-making power in a devolved area in relation to Wales.

 

Agreement was sought by the Minister of State for Biosecurity, Marine and Rural Affairs, Rt Hon Lord Benyon to make a Statutory Instrument (SI) titled the Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (“the 2023 Regulations”) to apply in relation to the United Kingdom.

 

The above titled SI will be made by the Minister of State, in exercise of the powers conferred under paragraph 8C(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018. The SI relates to the implementation of the Windsor Framework, as agreed between the UK and the EU on 27th February 2023.

 

Currently under the Northern Ireland Protocol, agri-food goods produced in and moved to NI are subject to EU animal, plant, public health, marketing, and organics standards. The amendments made to the Northern Ireland Protocol, as set out in the Windsor Framework will, in part, enable the establishment of a Retail Movement Scheme which will enable certain retail goods to move from GB to NI and meet GB public health, marketing and organics standards. Goods will still be required to meet EU standards for animal and plant health, and EU standards that apply to animal by-products.

 

The EU will be disapplying the relevant EU legislative instruments for the categories of goods that will be capable of being moved under the retail movement scheme, including legislation that set standards on public health, marketing, and organics for goods in Northern Ireland, and provide the legal basis for enforcing them. However, enforcement powers against EU standards will remain for goods produced in NI. Legislation is therefore required on a domestic basis to ensure that goods moved under the scheme are subject to GB standards, and the relevant authorities in NI are able to enforce against non-compliance with GB standards.

 

This new Retail Movement Scheme will allow for simplified trading of specified retail goods between GB and NI for scheme members, as per the agreements made with the EU under the Windsor Framework.

 

The SI was laid before the UK Parliament on 5 September to come into force on 1 October 2023.

 

Any impact the SI may have on the Senedd’s legislative competence and/or the Welsh Ministers’ executive competence

 

This instrument makes provision on the law applicable in Northern Ireland. The instrument does not have any impact on the Senedd’s legislative competence, or the Welsh Ministers’ executive competence.

 

The purpose of the amendments

 

The purpose of these Regulations is to protect biosecurity and support trade between Northern Ireland (“NI”) and Great Britain (“GB”), following the agreement of the Windsor Framework. The instrument addresses the effect of Article 1(2) to the proposed European Union Regulation (currently a proposal reference (EU) COM(2023)124) pursuant to the Windsor Framework, in respect of certain retail goods moved from GB to NI  and placed on the market in NI. This means that EU legislation will no longer apply to those specific goods or to NI establishments when handling those goods in NI where the requirements of the proposed EU Regulation are met.

.

The Regulations and accompanying Explanatory Memorandum, setting out the detail of the provenance, purpose and effect of the Regulations are available here:

 

http://www.legislation.gov.uk/id/uksi/2023/959.

 

Why consent has been given

 

Consent has been given for the UK Government to make this instrument as a result of Windsor Framework Agreement which was reached by the UK and the EU and announced on 27 February 2023 and to protect biosecurity by introducing protective measures such as the new Retail Movement Scheme across the UK.

 

This statement is being issued during recess in order to keep members informed. Should members wish me to make a further statement or to answer questions on this when the Senedd returns I would be happy to do so.