Thread by @Usherwood

Let's talk about mutual recognition for a bit:

1/

This is on back of @ConHome leaks of draft White Paper, suggesting a MR regime as a way of avoiding border controls (conservativehome.com/thetorydiary/2…)

2/

@ConHome (we don't know if this is in final version BTW)

3/

@ConHome Any way, MR has been key part of EU's market integration over the decades

4/

@ConHome Essentially, it says that if something's safe to sell in one state, then it's safe to sell in all EU states, even if it doesn't meet all local rules

5/

@ConHome (incidentally, if you only ever read one case summary of the ECJ, make it the one this is all based on "Cassis de Dijon" (case 120/78): it's a doozy)

6/

@ConHome That means you don't all need to have the same rules, just an acceptance that (bar minimum heath & safety) others' standards are tolerable

7/

@ConHome However, key point MR is built on an interpretation of Art.30 TFEU.

This prohibits any customs duties or "charges having equivalent effect"

8/

@ConHome i.e. it's not a free-standing construct, but part of a bigger set of market integrations. Most immediately that includes customs.

9/

@ConHome I defer to legal colleagues at this point, but again make the note that the EU is a very entangled system of governance: it's v.hard to extract any one part for use alone

10/

@ConHome If it is in White Paper, then MR offers some potential, but also some further Qs

/end