NI Protocol Various Rules Dec 2020

UNILATERAL DECLARATION BY THE UNITED KINGDOM IN THE JOINT
COMMITTEE

The United Kingdom notes its commitment to fully implement the Protocol on
Ireland and Northern Ireland to the Withdrawal Agreement (‘the Protocol’). The
United Kingdom also recalls its commitment to uphold the Belfast (Good Friday)
Agreement in all its dimensions.

Regulatory requirements under EU law made applicable in respect of Northern
Ireland by the Protocol include prohibitions and restrictions with regard to:
– minced meat of poultry, of ratites and of wild game-birds, frozen or chilled,
– chilled minced meat from animals other than poultry,
– chilled meat preparations,
– any unprocessed meat produced from meat initially imported in Great Britain
from the EU’s SPS area.

For the purpose of this statement, these products are hereafter designated as “meat
products”.

Between 1 January and 1 July 2021, meat products will be brought from Great
Britain into Northern Ireland under the following conditions:
– The meat products enter Northern Ireland through a designated place as
defined in point (38) of Article 3 of Regulation (EU) 2017/625 of the European
Parliament and of the Council and they are subject to a channelling
procedure applicable from the designated place to the destination
supermarket in Northern Ireland,
– They are sold exclusively to end consumers in supermarkets located in
Northern Ireland, and they are not to be sold to other operators of the food
chain,
– They are accompanied by official certificates issued by the UK competent
authorities (based on similar models already existing for fresh meat, minced
meat and meat preparations), and
– They are packed for end consumers, and they bear a label reading “These
products from the United Kingdom may not be sold outside Northern
Ireland”.

During this period, which will be used by supermarkets in Northern Ireland to adjust,
the United Kingdom remains fully aligned to Union law applicable to meat products
and listed in Annex 2 to the Protocol on Ireland and Northern Ireland.

UNILATERAL DECLARATION BY THE EUROPEAN UNION IN THE JOINT
COMMITTEE

The European Union takes note of the United Kingdom’s declaration setting out the
practice it intends to put in place as regards imports of these meat products from
Great Britain into Northern Ireland during the first six months after the end of the
transition period. This practice will inform the position of the Union as regards
recourse to the exercise of the powers referred to in Article 12(4) of the Protocol.

 

UNILATERAL DECLARATION BY THE UNITED KINGDOM IN THE JOINT
COMMITTEE

The United Kingdom will apply, during a maximum time period of three months after
the end of the transition period, the following approach to the implementation of the
Protocol as regards products of animal origin, composite products, food and feed
of non-animal origin and plant and plant products (except the meat products
referred to in the unilateral declaration by the United Kingdom in the Joint
Committee on meat products) brought into Northern Ireland and for which official
certification is required for their importation into the EU. During this period of time,
the UK shall maintain its current EU SPS legislation for the products concerned.
The scope is limited to a restricted number of food suppliers for supermarkets
which are approved by the UK authorities after demonstrating that they meet a
range of trust criteria. This list of members will be established by the United
Kingdom in cooperation with the European Commission before 31 December 2020
and cannot be extended after that date.

The above mentioned products are brought into Northern Ireland through the
following steps:
– They are packaged for end consumers and they bear a label reading “These
products from the United Kingdom may not be marketed outside Northern
Ireland”,
– They are destined solely for sale to end consumers in supermarkets located
in Northern Ireland, and they cannot be sold to other operators of the food
chain,
– They are accompanied by a simplified official certificate globally stating the
products meet all the import requirements of EU legislation,
– They enter Northern Ireland through a designated place as defined in point
(38) of Article 3 of Regulation (EU) 2017/625 of the European Parliament and
of the Council, where they are submitted to a systematic documentary check
and to a risk-based identity check on a selection of items in the means of
transport, and
– They are monitored through a channelling procedure applicable from the
designated place as defined in point (38) of Article 3 of Regulation (EU)
2017/625 of the European Parliament and of the Council to the destination
supermarket in Northern Ireland.

During the above-mentioned period of time, the UK authorities will take all
necessary measures to ensure compliance with the Protocol and relevant Union law
as of 1 April 2021. The UK accepts this solution is not renewable.

UNILATERAL DECLARATION BY THE EUROPEAN UNION IN THE JOINT
COMMITTEE

The European Union takes note of the United Kingdom’s declaration setting out the
practice it intends to put in place as regards imports of products of animal origin,
composite products, food and feed of non-animal origin and plant and plant
products, into Northern Ireland during the first three months after the end of the
transition period. This approach will inform the position of the Union as regards
recourse to the exercise of the powers referred to in Article 12(4) of the Protocol.

UNILATERAL DECLARATION BY THE EUROPEAN UNION IN THE JOINT
COMMITTEE

The full and proper implementation of the Protocol on Ireland and Northern Ireland
is an essential element in the Union’s relationship with the United Kingdom.
As regards the supply of medicines, this Protocol provides for the application of the
Union’s pharmaceutical acquis in respect of Northern Ireland after the transition
period. We also note that Northern Ireland faces particular challenges in this regard,
due to the withdrawal of the United Kingdom from the Union.

The Union is determined to ensure not only the high level of public health protection
guaranteed by applicable Union law, but also an undisrupted supply of medicines to
Northern Ireland and other small markets historically dependent on medicines
supply from or through Great Britain. These considerations are of particular
importance given the exceptional circumstances of the Covid-19 pandemic.
In order to achieve these objectives, and under due consideration of Northern
Ireland’s particular challenges, the Union suggests a practice in the application of
the Union’s pharmaceutical acquis in respect of Northern Ireland which includes the
following three elements:

1. A temporary removal of the obligation to decommission safety features
applied to medicinal products supplied to the United Kingdom by a
manufacturer, importer or wholesaler in the Union.

2. A consideration of small markets historically dependent on medicines supply
from or through Great Britain as “justifiable cases” allowing for quality control
testing in Great Britain during a limited time.

3. An abstention from sanctioning certain breaches of Union law arising due to
the absence of manufacturing authorisation holders in Northern Ireland.
These three elements will apply to human and veterinary medicinal products
including investigational medicines where relevant.

 

By applying this approach for a period of up to twelve months after the end of the
transition period, the Union aims to give all relevant stakeholders sufficient time to
adapt to the United Kingdom’s withdrawal and to establish new supply routes
where necessary, while providing for undisrupted supply of medicines and a high
level of public health protection.

The Commission will shortly publish a Notice setting out each of the three elements
to its approach for the supply of medicinal products to Northern Ireland and other
small markets historically dependent on medicines supply from or through Great
Britain in accordance with the Union’s pharmaceutical acquis after the end of the
transition period in detail.

UNILATERAL DECLARATION BY THE UNITED KINGDOM IN THE JOINT
COMMITTEE

The United Kingdom takes note of the European Union’s declaration setting out its
approach to the application of Union law on pharmaceuticals in respect of Northern
Ireland for a period of up to twelve months after the end of the transition period.

UNILATERAL DECLARATION BY THE EUROPEAN UNION IN THE JOINT
COMMITTEE
When applying Art. 107 TFEU to situations referred to in Art. 10(1) of the Protocol,
the European Commission will have due regard to Northern Ireland’s integral place
in the United Kingdom’s internal market. The European Union underlines that, in any
event, an effect on trade between Northern Ireland and the Union which is subject
to this Protocol cannot be merely hypothetical, presumed, or without a genuine and
direct link to Northern Ireland. It must be established why the measure is liable to
have such an effect on trade between Northern Ireland and the Union, based on the
real foreseeable effects of the measure.

UNILATERAL DECLARATION BY THE UNITED KINGDOM IN THE JOINT
COMMITTEE

The United Kingdom takes note of the European Union’s declaration on its
application of Art. 107 TFEU to situations referred to in Art. 10(1) of the Protocol