What does the Windsor Framework mean for the landscape industry?

Members are likely aware of the recent transition from the ‘Northern Ireland Protocol’ to ‘Windsor Framework’. 

The Windsor Framework aims to resolve some of the issues concerning trade travelling from Great Britain to Northern Ireland, which arose following the United Kingdom’s departure from the European Union.

The Northern Ireland Protocol, which came into force in January 2021, presented businesses in England, Scotland and Wales wishing to export goods to Northern Ireland with obstacles related to paperwork, certification and checks on goods.  The landscape and horticulture industry was affected by this; in addition to burdensome paperwork, many plant genus are classed as high risk by the European Union, meaning businesses in England, Scotland and Wales were prohibited from exporting some plants to Northern Ireland.

The Windsor Framework aims to reduce the number of checks required on goods travelling from Great Britain to Northern Ireland by establishing 2 ‘lanes’ for goods arriving in Northern Ireland.  A green lane is designated for goods which will remain in Northern Ireland and a red lane for goods which may be sent on to the EU. Goods in the green land will not require checks of additional paperwork, whilst goods in the red lane will remain subject to checks.

The phased implementation of the Windsor Framework meant that whilst the agreement between the European Union and United Kingdom was adopted during March 2023, new arrangements concerning trade of plants (including plants for planting, seeds, used agricultural and forestry machinery and vehicles and seed potatoes) did not come into effect until 1st October 2023.

On the 1st October 2023 the Northern Ireland plant health label (NIPHL) scheme came into effect, which enabled growers and traders in England, Scotland and Wales to move some goods to Northern Ireland without a phytosanitary certificate, as was previously required as part of the Northern Ireland Protocol. 

Growers and traders can move the following goods to Northern Ireland, using a NIPHL:

• plants and seeds for planting (plants and seeds which will be grown on by professional growers or traded for retail sale)
• seed potatoes (for commercial growing)
• used agricultural and forestry machinery and vehicles

Movement of these goods is only permitted if the following requirements are met:

• The movement of goods is between an authorised professional operator in Great Britain and a registered professional operator in Northern Ireland.
• Goods must remain in Northern Ireland. They cannot be moved on to the Republic of Ireland or other EU countries.
• Goods must have a valid NIPHL attached: for plants and seeds for planting, the NIPHL must be attached to the smallest tradeable unit - this could be pots, trays or pallets:
  • for seed potatoes, the NIPHL must be attached to the consignment
  • for used agricultural and forestry machinery and vehicles, the NIPHL must be attached to the individual object
• Growers and traders must be authorised to issue and print NIPHLs if they want to move plants and seeds for planting and used agricultural and forestry machinery and vehicles from Great Britain to Northern Ireland.

It will be necessary for exporters of goods destined for Northern Ireland to register as a professional operator with the correct competent authority (England or Wales must register with the Animal and Plant Health Agency whilst Scottish exporters much register with the Scottish Government).

Exporters seeking to print and issue NIPHL for plants, seeds or machinery are expected to:

• have appropriate knowledge and competence, for example to recognise pests and diseases of concern – guidance on this will be released before the scheme starts
• be registered as a professional operator
• apply for authorisation to issue NIPHLs

Further reading

Defra webpage: Moving plants from Great Britain to Northern Ireland