The Windsor framework is taking effect

The UK Trader Scheme (UKTS) has been replaced by the new UK Internal Market Scheme (UKIMS) with effect from 30th September 2023, which will enable GB businesses to join and declare goods “not at risk” if they are brought into Northern Ireland for sale or final use by end consumers in the UK.

The Windsor Framework was agreed in February to ease post-Brexit trade between GB and Northern Ireland (NI), but concerns remain about a continuing lack of clarity over the details of the Windsor Framework which began to come into force on Sunday the 1st October.

Prior to the Windsor agreement the process for movements to NI is under the TSS (Trader Support Scheme) with shippers submitting a simplified declaration, under the UK Trader Scheme (UKTS).

However, this only complied with the Safety and Security declarations required by the Ferry operators and a second supplementary declaration is made in NI, with commodity code, value of goods, and additional information statements specific to goods.

Most critically of all a percentage calculation of goods “at risk of moving to the South” are applied and duty invoiced to the Consignee for potential sales not actual.

As a result of the Windsor Framework, a scheme to reimburse EU customs duties paid on goods moved into NI that were not sold or used in the EU has been agreed – The Customs (Northern Ireland: Repayment And Remission) (EU Exit) (Amendment) Regulations 2023.

The agreement establishes a new UK Internal Market Scheme (UKIMS) for the movement of goods from the UK to NI, which is being phased in from 30th September.

UKIMS will enable GB businesses to declare goods “not at risk” if they are brought into Northern Ireland for sale or final use by end consumers in the UK, which means they will not be charged duty. 

They will, however, be charged UK duty if entering Northern Ireland from outside the EU and the UK, or if the goods were not in free circulation in GB.

Green Lane

Ends the requirement for traders to provide customs commodity codes; scraps supplementary declarations; and ensures that businesses can move their goods using commercial information.

Regulatory easements in the green lane do not exist for all types of goods. The focus is on those goods with the most onerous SPS compliance obligations, including pre-packaged products of animal or plant origin, food and food products.

Meat and fresh dairy products are to be labelled ‘Not for EU’ from October 2023, all other dairy products from October 2024, and composite products, fruit, vegetables and fish from July 2025.

Traders will need to be registered on the Northern Ireland Retail Movement Scheme (NIRMS) for SPS goods and the UK Internal Market Scheme (UKIMS) for general goods.

For goods moving on or after 30th September 2023, the UK Trader Scheme authorisation is no longer valid and traders must use the UK Internal Market Scheme (UKIMS) authorisation to declare goods ‘not at risk’ of entering the EU, if the applicable EU duty is greater than zero.

Green Lane Process

– Trader uses commercial info and submits to TSS*
– Haulier obtains GMR
– Goods are moved

*HMRC has confirmed the extension of the Trader Support Service until 31st December 2024. TSS will continue as a free to use service, educating traders on applicable processes and supporting them to submit customs and safety and security declarations. Visit Trader Support Service

Red Lane

Goods not for final consumption in Northern Ireland must go through a red lane and ‘At risk’ goods will be charged the applicable EU duty.

Red Lane Process

– Haulier completed Entry Summary Declaration (ENS)
– Simplified Frontier Declaration (SFD)
– Haulier obtains GMR
– Goods are moved
– Supplementary declaration
– Pay duty

It is worth noting that both lanes are ‘virtual’ and no physical lanes, or markings exist.

Key dates

June 2023 – Traders can register for UKIMS
September 2023 – UKIMS must be used for no duty to be applied (Green Lane)
October 2023 – STANMI replaced by NI Retail Movement Scheme (NIRMS)
September 2024 – Full Green Lane implemented

At the moment it appears that trailers containing a mix of cargoes eligible for the green lane, will need to go through the red lane, even if just one consignment entering NI is in the red lane.

This is clearly not practical and is being lobbied by Logistics UK and other impacted trade bodies. We anticipate a resolution.

We will continue to share information on the Windsor framework processes, as they become clear and available.

Our customs team are working directly with affected clients, to ensure that they are prepared and compliant with new customs processes, declarations and requirements.

If you have any questions or concerns about the Windsor Agreement and trade with NI/IE please EMAIL Matt Fullard, who will be happy to review your situation.