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John Curtis @JohnHoCLibrary
, 22 tweets, 8 min read Read on Twitter
So main points to take from the Irish protocol are: The preamble has changed slightly, emphasises this protocol is temporary, it is not the future relationship, doesn't want to break up the UK single market. Preambles are not legally binding, but important for interpretation.
Did we say this protocol is TEMPORARY! Well we really mean it
In fact, we might even conclude a future agreement before the end of the transition (highly doubtful) so this protocol can be superseded by that:
Articles 4 on rights of individuals, and Article 5 on the Common Travel Area are unchanged from the previous draft withdrawal agreement (DWA)
Here's where it gets interesting. The common regulatory area which just covered Northern Ireland from the last agreement is junked, we now have a 'single customs territory- the whole of the UK and the EU. This is A Customs Union, I believe
What does this new Customs Union cover? It's buried in the Annexes- Annex 2. Essentially is appears all goods. EXCEPT fish. This is set out in the main part of protocol. Fishing will be subject to a separate future agreement after transition...
Other than that the Annex suggests the scope of goods in the Customs Union will be pretty wide. However, UK will not be able to have an FTA with any country which offers low tariffs while it is in this Customs Union
The UK won't be IN the EU's Common Commercial Policy, but it will have to HARMONISE it with the EU's, and stay true to its commitment to not lower tariffs- so really ruling out proper FTA's if they do have to as per WTO rules "substantially" cover trade.
The EU will be able to 'protect itself' e.g. impose tariffs on UK, if it believes the UK is allowing goods into the customs territories without proper checks. The UK does not have a reciprocal power, it seems
Now the Annexes go into deep trade technicalities which I will leave to my wiser and more knowledgeable colleagues who 'do trade' to figure out...back to the main protocol...
It does look as fishing in Northern Ireland will be subject to slightly different rules than the rest of the UK. Fisheries is definitely not my area of expertise though...
These sections are trying to give an iron-cast promise there will be no disruption of the UK's internal market, and goods produced in NI will count as a 'UK good' for rules of origin purposes
Having said this, Northern Irish products may have to distinguished separately through labelling and different coding, which suggests preparation for if NI goods do need to be treated differently. Will be able to distinguish NI goods from GB goods. This will need further digging
The EU's VAT rules will apply, this to NI only, not UK as a whole. Or at least the VAT rules as set out in Annex 6 (second screenshot) I'm not a VAT expert, but it looks like it's most of them.
State Aid rules are going to apply to the UK in terms of what appears in Annex 8 (State aid nerds enjoy photo 1) However the section in the Protocol (photo 2 & 3) suggests a different state aid regime in NI for agricultural goods. How different to current CAP will this be? Dunno
Hmm while UK will be responsible for implementing EU rules in respect of protocol- EU wants to have officials be able to see what the UK is doing on this front. Indicates lack of trust in UK to adhere to level playing field
The UK's relationship with EU on data, and data-sharing is going to be done by exception. I.e. unless it's really needed for the protocol to work, the UK will no longer have access to the EU's data and information systems
The sections on North-South bodies and the Specialised Committee look the same as the previous withdrawal agreement. There is also now a 'joint consultative working group'- joint EU/UK group, which will sit under the Specialised Committee- a 3rd layer of governance
The safeguards provisions look similar too...The Single Electricity Market now has the relevant annex with EU regulations to go with it. Looks like this will be sufficient for the SEM to function, but not sure what restrictions that will put on UK
Finally, as per earlier tweet here is the 'review mechanism' the UK requested for the protocol, and the 'exit clause'. Interesting that the Joint Committee can get an opinion from one of the Good Friday Agreement bodies, which include NI Assembly and Executive ...
The Joint Report did have a clause giving a role to the Assembly and Executive to agree for NI to be treated differently, this is more a consultative role as to whether they can exit the Protocol.
And that's it folks. Probably missed a lot of things. Haven't read the Government's explanatory not on the Protocol assets.publishing.service.gov.uk/government/upl… But my fiance will probably kill me if I don't head home soon and a man cannot live on Brexit alone. Goodnight.
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