Northern Ireland Protocol | Practical Law

Northern Ireland Protocol | Practical Law

Northern Ireland Protocol

Northern Ireland Protocol

Practical Law UK Glossary w-029-8778 (Approx. 4 pages)

Glossary

Northern Ireland Protocol

The Protocol on Ireland/Northern Ireland to the UK-EU withdrawal agreement. Most of the Northern Ireland Protocol only started to apply from the end of the transition period. The Protocol as amended by Decision No 1/2023 of the Joint Committee is also known as the Windsor framework.
The Northern Ireland Protocol:
  • Forms an integral part of the withdrawal agreement (Article 182, withdrawal agreement), and applies in parallel to the UK-EU trade and co-operation agreement (TCA) (Article 775, TCA).
  • Sets out arrangements to avoid a hard land border between Ireland and Northern Ireland which require Northern Ireland to remain aligned to specified EU single market and customs rules (Articles 5-10, Northern Ireland Protocol). These include specified provisions of EU law relating to goods and customs, VAT and excise on goods, agriculture and the environment, the single electricity market, and state aid.
  • Requires the UK to provide opportunities for the Northern Ireland Assembly to decide to discontinue the application of Articles 5 to 10 (Article 18, Northern Ireland Protocol). The first opportunity to make such a decision arises just under four years after the end of the transition period. Articles 5 to 10 would cease to apply two years after a decision to discontinue.
The initial withdrawal agreement text was published in the Official Journal of the European Union on 31 January 2020, and a consolidated version shows subsequent amendments up to the specified date. For a collection of EU legislation and other documents relating to the Protocol, see EUR-Lex: Protocol on Ireland/Northern Ireland.
For more information, including information on Joint Committee decisions amending the Protocol, see UK-EU withdrawal agreement: Northern Ireland Protocol tracker and Practice note, Brexit: withdrawal agreement text: Protocol on Ireland/Northern Ireland.