Thread by @AnnaJerzewska

On the NI Protocol document just published (ongoing thread with initial thoughts)

/1

assets.publishing.service.gov.uk/government/upl…

Well yes, but also no.
NI is an integral part of UK's customs territory but it's not enough to say that the Protocol "gives effect to certain aspects of EU law in Northern Ireland on a
provisional basis" and that it's just regulatory regimes that differ.
/2

This is a very clever upgrade from "NI will apply SM rules in respect of trade in goods"
/3

Again, very clever wording - this is an international border, EU's external border but this sentence highlights the fact that it's not meant to be a border between specifically between NI and GB.
/4

Same questions remain - what about requirements for customs procedures for goods leaving a territory under the EU's customs legislation?
Is the UK really OK with having a leaky border with the EU? Are UK's prospective FTA partners equally happy with that?

/5

We're still waiting to understand how that would work in practice and what this concept of de-dramatisation means.

For me, it was never a question of additional drama, more of additional admin burden and cost/time

/6

Provided that the EU agrees to a derogation from the UCC.
Also, generally a good idea to remove the entry/exit decl requirement which is why the UK Gov's March announcement that it will not seek such agreement came as a shock.
This would remove the problem for NI as well

/7

Yeah... only the wording in the Protocol was that all goods are subject to tariffs UNLESS they are not at risk - slight change in focus here.
Comercial processing was also identified as a clear sign of risk so we're clearly testing the limits of that definition
/8

I came up with 3 ways (👇 link), each had some drawbacks. Would be very interested to know what the UK Gov's thinking is here.

This is important - will, in fact, determine how burdensome GB-NI trade will be for businesses. Needs to be done well
/9

blogs.sussex.ac.uk/uktpo/2020/01/…

How? This is the part that we're all waiting for. As far as I understand, this up to the UK Gov as long as it's within State Aid limits so how will that be administered. Again questions on additional paperwork and burden
/10

On the "sophisticated data on trade flows" the main problem, as far as I can see, is that this data doesn't exist yet so it will most likely take time to build.

With no formalities on NI-GB trade, how will this data be collected?

/11

Bingo. So tempted to look back at certain videos, statements and SC responses but perhaps best to just say it's good for business to have clarity and clear messaging

/12

*needed a bit of a break, but let's continue*

On FTAs, we have a confirmation from the UK side, still awaiting EU interpretation on NI status.

Same on regulation.

/13

It's been a while since I worked on excise but depending on how different the rules between ROI and NI will be, it might create an incentive for fraud.

/14

Again, not a VAT expert but I'm pretty sure that means a number of other things as well. This is an upside but not the only consequence of I'm sure

/15

The thing is, that while it's UK's territory it also has an international border going through it.
So you can't expect the EU not to want to have access to its external border.
That's one of the reasons countries don't normally put borders within their territories
/16

This was an exceptional situation but still, while a permanent office is not strictly necessary for the functioning of the Protocol, the current messaging is not conducive to it either
/17

Not my area but I just keep thinking back to the villages and houses split by the border... how is this going to be implemented and enforced? Just seems like a recipe for...
/18

Overall, this reads a bit more like an interpretation document rather than anything else. It's interpretation technically within the limits of the Protocol but some of the wording is bound not to go down well with the EU.
/19

Also seems like differences in interpretation have never been greater and I wonder how that will impact the work of the Joint Committee.

/ends