The Department for Environment, Food and Rural Affairs (DEFRA) has introduced new legislation aimed at maintaining the flow of retail goods to Northern Ireland as the Northern Ireland Retail Movement Scheme enters its next phase.
Background
The Northern Ireland Retail Movement Scheme, which launched in October 2023, has facilitated the movement of retail goods between Great Britain and Northern Ireland. Under current arrangements, products require 'not for EU' labels to prevent onward movement into the European Union. Phase 3 of the scheme, commencing on 1 July 2025, will bring a significantly expanded range of products under these requirements.
Industry concerns have emerged regarding potential 'delisting', where businesses may choose not to apply the required labels, potentially affecting product availability in Northern Ireland.
The New Legislation
The Marking of Retail Goods Regulations 2025 grants the Defra Secretary of State powers to mandate 'not for EU' labelling in Great Britain on a commodity-by-commodity basis. The legislation aims to address situations where the availability of certain goods in Northern Ireland could be seriously adversely affected by delisting.
Decision-Making Process
The Secretary of State's decisions will be based on available evidence through a data-driven monitoring system. Businesses will be engaged when risks are identified, and if evidence demonstrates necessity, a notice will be issued requiring 'not for EU' labelling for specific products across Great Britain.
This approach is designed to ensure continued product availability in Northern Ireland through the existing retail movement scheme.
Industry Engagement
A dedicated Northern Ireland-Great Britain Food Supply Forum will be established to provide detailed explanations of the new arrangements. Invitations for this forum are expected to be issued shortly.
The department has noted recent commitments from businesses to maintain product availability in Northern Ireland and has encouraged continued communication regarding preparations for the July implementation.
Supporting Framework
The regulations form part of the broader Windsor Framework arrangements and are positioned within the context of developing strategic partnerships with the EU. Implementation is described as essential for maintaining the UK's status as a reliable partner in delivering on existing commitments.
Further guidance on the process for introducing 'not for EU' labelling for goods sold in Great Britain is available at: https://www.gov.uk/government/publications/process-for-introducing-not-for-eu-labelling-for-goods-sold-in-great-britain
The new powers represent a contingency measure, with authorities indicating they will act if market monitoring demonstrates intervention is necessary to protect Northern Ireland's retail supply chain.