Schedule 6B Northern Ireland Act 1998: Windsor Framework decision

Statement

On 2 February, I will be meeting with the European Commissioner for Trade and Economic Security, Maroš Šefčovič for this Government’s second meeting of the Withdrawal Agreement Joint Committee. As part of this important meeting, the UK and the EU will take decisions to support our commitment to the Windsor Framework.

At that meeting, the Government will agree to add one new act to the Windsor Framework. This Government is committed to tackling barriers to trade for businesses across the UK. Northern Ireland obviously has a special trading relationship with the EU under the Windsor Framework and it is therefore only right that the Government reviews all elements of Northern Ireland’s regulatory arrangements to ensure it can make the most of its unique dual market-access, with data from 2024 showing that NI exports to the EU of goods in scope of the regulation totalled £247 million.

In accordance with paragraph 18(3) of Schedule 6B to the Northern Ireland Act 1998, I am setting out in this statement why I am of the opinion that the conditions are met for this
particular measure to be agreed on the basis that it would not create a new regulatory border between Great Britain and Northern Ireland. The condition in paragraph 18(2)(b) of that Schedule is therefore met.

Type-approval framework for non-road mobile machinery used on roads - Regulation (EU) 2025/14

Regulation (EU) 2025/14 establishes a harmonised framework for road safety type-approval of mobile machinery that is occasionally used on public roads, complementing the current
individual national rules. This regulation will not create a new regulatory border. This is based on the fact that most affected products in Northern Ireland are likely to be traded on a pan-European basis and manufacturers have indicated that they intend to continue to do so. The regulation is designed to ease access to the EU single market for this equipment and has been supported by industry. As such, manufacturers and traders are unlikely to face additional barriers to placing products on the Northern Ireland market or an incentive to cease doing so. This conclusion is based on a detailed assessment of existing vehicle registration data and detailed engagement with industry.

In order to provide additional confidence that manufacturers and traders will not face new regulatory barriers to placing goods on the Northern Ireland market, the Government commits to taking any necessary steps to protect the UK’s internal market, including considering equivalent measures in Great Britain where necessary.

In line with the Government’s presumption of alignment with EU vehicle regulations, the Government recognises the value to industry of maintaining equivalent standards in the UK and the EU, and will follow this principle in respect of non-road mobile machinery. This will have the added effect of avoiding barriers between Great Britain and Northern Ireland and delivering on the Government’s manifesto commitment to protect the internal market. We will continue to engage with industry throughout the remainder of the year, before consulting on how best to achieve these objectives once further technical details are published.

Next steps

The Government will shortly publish an Explanatory Memorandum on GOV.UK pertaining to the decision referred to here. It will set out in further detail the Government’s view on any impacts that the above mentioned regulation would have on Northern Ireland, as well as additional evidence I considered when reaching my conclusion that it would not lead to a new regulatory border.