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, 6 tweets, 3 min read
Legal text means firm decisions -

NI in UK customs territory, but aligns with EU Common External Tariff? Forever?

Who checks ex-UK Irish Sea trade for compliance with EU customs code? EU changes UCC?

UK trade deals with eg US - apply in full to NI...only after complex rebate?
Diplomats were saying yesterday that to have any chance of getting through, a legal text clarifying the above was required yesterday in order to translate the fine detail into all the EU languages.. that didnt happen.
Sterling up at 5 month highs on speculation will be a draft, and therefore a legal text tonight for discussion at summit... if so, question is just how similar will it be to this draft legal text below - the original NI protocol that “no PM could accept”:
ec.europa.eu/commission/sit…
Heading to DC - who knows what will be settled by the time we touch down.

Level Playing Field commitments are they key. Been reporting on the change in the asks since BJ/ Frost arrived weeks ago bbc.co.uk/news/business-…
In August - this document from March 2018 - the “Tusk offer” of tariff free quota-free FTA for future was referred to - that offer conditional on level playing field commitments.
Irish pointed out impact of dropping LPFs on them in Sept:
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More from @faisalislam see all

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Faisal Islam
@faisalislam
Confusing 24 hours trying to establish
- whether there will be checks or other frictions for GB-NI & NI-GB trade
- what checks
- who will be doing these checks
- where
- how they could change

contradictory answers from ministers and officials in different departments... THREAD
At HA Committee, Border Force DG asked re West-East checks ie NI-GB said: “minimum amount of electronic information on movements from West to east, yet to be worked out in detail with EC, it needs to be worked out in Joint Committee process as to who will do those checks”
.. but then he goes on to say “Not necessarily checks from west to east. Unfettered access for goods moving from NI. And from east to west, in order to protect regulatory zone within Ireland, then there will be declarations that have to be made.” /3

parliamentlive.tv/event/index/2f…
Read 17 tweets
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Faisal Islam
@faisalislam
"There will be no checks between Northern Ireland and GB" says the PM to Corbyn - but he knows there will, for the first time be Export Summary Declarations, required under EU law, as a result of the new deal.
also, have I been saying "visceral" incorrectly my whole life?
PM said rather too candidly "The Scottish Parliament has no role in approving this deal" - errr, his WA Bill's own explanatory notes list 17 instances where legislative consent motion required (last column, Yes)
publications.parliament.uk/pa/bills/cbill…
Read 6 tweets
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Faisal Islam
@faisalislam
If PM wants an election, then surely the quickest way would be to encourage Tusk’s acceptance of the letter sent in his name on Saturday night, which would also be easier for EU27 to confirm very quickly, if it was confirmed an election was coming?
PM’s words after vote were curious:

- 1. Ramp up No Deal preps because the possibility of No Deal in EUs hands.
- 2. But tell EU “Our policy remains we should not delay and leave on 31 OCt, thats what I will say to EU”
- 3. But we will leave EU with this deal “one way or other”
Point 1. & 2 aren’t really consistent. By telling the EU that he doesnt want to delay and keep Oct 31st, he is at this stage increasing the chance of No Deal, by increasing the chances of what he warned about - the EU rejecting the already requested extension ...
Read 8 tweets

Related threads

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Dr Anna Jerzewska
@AnnaJerzewska
On the summary exit declarations, @SteveBarclay mentioned today. It's important to understand what they are, why they are submitted and how they differ from #customs declarations.
/1
@SteveBarclay Exit/entry declarations are slightly different than customs decs. Before import/export there is a requirement to submit a pre-arrival, pre-departure notification - info that allows authorities to control what's moving across borders from a safety and security perspective.
/2
@SteveBarclay This information is mainly used for risk analysis and not to calculate the amount of duties due or apply other trade policy measures as in the case of customs declarations.
In principle, they are submitted by the carrier not the importer/exporter
/3
Read 16 tweets
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Dr Anna Jerzewska
@AnnaJerzewska
Apart from not meeting any of the conditions an alternative arrangement was supposed to met (apart from a super narrow definition of no checks AT the border) I have two main problems with this new proposal /1
1) It doesn't provide any simplifications for SMEs and makes it much harder and expensive for them to trade. In the absence of a trusted trader programme that would work for SMEs, they can either use transit or submit a pre-lodged customs declaration /2
Both option require SMEs to use services of a #customs agent which can wipe out the entire profit margin (if you can find one that is, as this industry not currently developed in the area as not really needed until now) /3
Read 9 tweets
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Dr Anna Jerzewska
@AnnaJerzewska
What do you do with a problematic border you wish wasn’t there? Move it inside your own country? Some thoughts on the latest ''backstop' alternative arrangements suggestions /1

ft.com/content/2301dd…
You could say this coming from the PM is more of the same "have your cake and eat it" narrative but what does "moving fluidly" actually mean? /2
With a common SPS zone +regulatory regime for industrial goods, what happens to the border?
If the UK is out of the CU+SM there is a customs border between NI and ROI. Regulatory alignment changes nothing here. /3
Read 7 tweets
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Brigid Laffan
@BrigidLaffan
@CER_Grant @NewStatesman @CER_EU Thoughtful & interesting with important insights but must disagree on a number of issues @BrigidLaffan
@CER_Grant @NewStatesman @CER_EU 1. The U.K. post Brexit cannot avail of the European Arrest Warrant unless there is ECJ oversight- any request would be challenged in EU27 courts. Other areas that involve individual rights are similar @BrigidLaffan
@CER_Grant @NewStatesman @CER_EU 2. It is really dangerous for the #UK’s future to wrap itself in a punishment narrative-the #EU has not bullied the UK is leaving on a voluntary basis-comfort blanket of EU punishment will prevent the state & society of taking ownership of the choices it has made @BrigidLaffan
Read 7 tweets
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Penny Midas Rollo
@PennyMidasRollo
001/ [article content in this tweet series 001-180 reproduced with permission from Martin Howe QC of Lawyers for Britain @lawyers4britain]
#quote "Leaving the EU on WTO terms: pulling down the barriers to world trade
Introduction: why prices will FALL after Brexit, not rise" /002
002/ #quote "Over the past couple of weeks, the media have been full of lurid scare stories about what will happen if the UK leaves the EU on WTO terms, because negotiations with the EU do not result in a withdrawal agreement." /003
#tariffs #NoDeal #Brexit #WTO #ProjectFear #shortages #food #medicines
003/ #quote "One of the most ridiculous and UNJUSTIFIED of these absurd scare stories is that it will lead to higher prices, and even shortages, of foods and medicines." /004
Read 180 tweets
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Kirsty Hughes
@KirstyS_Hughes
UK NI 'backstop' proposal problematic on many levels - a short thread.
1.
 ft.com/content/8834c2… via @financialtimes
According to the FT: “Under the proposal, if technology for a new customs arrangement is not ready by the end of the post-Brexit transition period in January 2021, the entire UK will continue to apply the EU’s common external tariff.” 2.
But NI wd need to stay aligned w EU regulations too - & either UK as a whole too (but EU unlikely to agree) or else accept a border in the Irish Sea. 3.
Read 7 tweets

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