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David Henig @DavidHenigUK
, 13 tweets, 5 min read Read on Twitter
Very important to note that this @BrexitCentral article on why there will be no more inspections on UK food and goods on WTO terms than if part of the EU is optimistic at best, misleading at worst 1/ brexitcentral.com/busting-remain…
First to note that the article is not completely fanciful - @davidcollinslaw has written books on the WTO. It merely in my opinion takes an overly-optimistic take as suggested by this paragraph - unfortunately for implausible read 'how the EU works' 2/
The assertion the EU has no grounds to impose extra checks on UK food the day after Brexit is optimistic at best. Short of a formal agreement the EU can argue the UK is no longer part of a sophisticated system with ECJ oversight and therefore products must be checked 3/
In this case the key is "arbitrarily or unjustifiably discriminate". The EU can say that isn't the case, we are following the rules we have for food inspections from outside the EU. They aren't arbitrary or unjustifiable. 4/
This is no rosy eyed defence of the EU. Quite the opposite. Why do you think so many other countries complain about dealing with the EU when sending various products? It's improbable and arguably wrong for them to treat us better than other countries if outside the EU 5/
Exactly the same applies to non-industrial goods. No more trade restrictive than necessary is in reality an exceedingly weak discipline, albeit one than is better than nothing and allows discussion at WTO for particular cases 6/
Simple answer to this next paragraph. The EU won't impose checks without justification. They will claim justification for the extra checks, on grounds of UK not being in single market any more - regardless of our regulations 7/
As for this one, use of equivalent technical regulations, true in theory, far from true in practice. In fact an absolute pain to use alternate technical regulations in the EU. I spent years dealing with US complaints on the subject 8/
This one saying only if products ignore consumer safety can they be tested at the border is simply wrong. We rightly test products at borders as part of a risk based approach 9/
As for the WTO border procedures, they exist though they can be streamlined. That's Max Fac in a nutshell actually. 10/
The EU will be perfectly within their rights to impose checks the day after Brexit, this paragraph is far too optimistic 11/
Finally, WTO law far from toothless. Of course. But taking a case takes time, if the EU put in place the checks they probably will and we took them to WTO dispute it would take how long exactly? 11/
Conclusion: If WTO disciplines were so harsh you wouldn't need the extra disciplines the EU impose to avoid borders. And if the EU were so generous everyone would love negotiating with them. Actually they are full of complaints about the EU approach. Soon we'll join them 12/ end
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