The Windsor Framework (Implementation) Regulations 2024 came into force on 12 April 2024. The Regulations confer powers upon the Secretary of State in relation to Articles 5-7 and Annex 2 of the Windsor Framework, however, the UK Government has committed to exercising these powers only to the extent necessary to support the operation of the Windsor Framework, including relevant commitments of the Safeguarding the Union command paper.
The Secretary of State has indicated his intention is to exercise direction and control with respect to the following areas:
- The delivery (including legislative delivery as required on matters where direction and control is being exercised) of the arrangements adopted between the UK and EU as set out in the Windsor Framework, as agreed at the UK-EU Joint Committee on 24 March 2023; and
- The operation of arrangements under the Windsor Framework concerning the movement of goods between Great Britain and Northern Ireland, or for direct movements into Northern Ireland, and incidental matters thereto. That would encompass arrangements at Northern Ireland ports and airports, the oversight and administration of relevant schemes to support internal UK trade established by the UK Government, any further legislation related to any of those elements, and any policy developments that would impact on GB-NI movements.
The Secretary of State has now also exercised discretion under Regulation 3 of the Windsor Framework (Implementation) Regulations 2024 not to exercise direction and control over functions concerned with disease awareness, disease preparedness and disease control in respect of both Animal and Plant Health, effective from 17 May 2024, across all legislation listed below, as relevant.
Legislation Subject to the Direction and Control of the Secretary of State
In practical terms, there are currently areas of EU legislation listed in Annex 2 of the Windsor Framework where the Secretary of State is not currently exercising discretion, that is, they are subject to the direction and control of the Secretary of State. This legislation is set out below:
20, Medicinal products
Veterinary medicines only
Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (Text with EEA relevance)
20, Medicinal products
Veterinary medicines only
Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (Text with EEA relevance)
20, Medicinal products
Veterinary medicines only
Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products
23, Chemicals and related
Regulation (EU) 2023/1542 of the European Parliament and Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC
23, Chemicals and related
Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (Text with EEA relevance)
33, Food - other
Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007
34, Feed, products and hygiene
Regulation (EU) 2019/4 of the European Parliament and of the Council of 11 December 2018 on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC
36, Live Animals, Germinal Products and POAO
Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’)
36, Live Animals, Germinal Products and POAO
Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003
36, Live Animals, Germinal Products and POAO
Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation
39, Animal Breeding
Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding (‘Animal Breeding Regulation’)
40, Animal Welfare
Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97
41, Plant Health
Commission Delegated Regulation (EU) 2021/1189 supplementing Regulation (EU) 848/2018 as regards the production and marketing of plant reproductive material of organic heterogeneous material of particular genera or species
41, Plant Health
Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC
43, Official controls, veterinary checks
Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products
44, SPS - other
Regulation (EU) 2023/1231 of the European Parliament and of the Council of 14 June 2023 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
46, Fisheries, Aquaculture
Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC
46, Fisheries, Aquaculture
Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999
46, Fisheries, Aquaculture
Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005
Recently Adopted EU Legislation
25, Waste
Regulation (EU) 2024/1157 of the European Parliament and of the Council of 11 April 2024 on shipments of waste, amending Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006
25, Waste
Regulation (EU) 2024/1781 Establishing a Framework for the setting of Eco design requirements for sustainable products
23, Chemicals and related
Regulation (EU) 2024/1849 of the European Parliament and of the Council of 13 June 2024 amending Regulation (EU) 2017/852 on mercury as regards dental amalgam ad other mercury-added products subject to export, import and manufacturing restrictions
26, Environment, Energy Efficiency
Regulation (EU) 2024/573 of the European Parliament and of the Council of 7 February 2024 on fluorinated greenhouse gases, amending Directive (EU) 2019/1937 and repealing Regulation (EU) No 517/2014
26, Environment, Energy Efficiency
Regulation (EU) 2024/590 of the European Parliament and of the Council of 7 February 2024 on substances that deplete the ozone layer, and repealing Regulation (EC) No 1005/2009
33, Food – other
Regulation (EU) 2023/2419 of the European Parliament and of the Council of 18 October 2023 on the labelling of organic pet food
45, Intellectual Property
Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012