Instead of the standard "substantial transformation" (a bit vague), NAFTA Marking Rules could be applied to products from Canada and Mexico to determine non-pref origin.
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If adopted (currently a proposal) it would prevent dual origin status - something we've seen on occasions.
A similar approach has been applied to all textile products imported from all 3rd countries. So this would the next step in the same direction.
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I wasn't kidding when I said non-preferential rules of origin can be a pain too.
Lord Godson's comment that the integrity of SM and NI's position in the UK's internal market are hard to reconcile is spot on. This is exactly where the difficulty is. That is why this was always going to be a difficult process and why there aren't any easy ways out of this.
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It's a shame there isn't a bit more transparency around this process. Lewis mentioned a number of UK proposals that the EU did not engage with.
Did you not have any conversations about how it would look in practice? What facilitating trade means and what cheks can be simplified?
Why not?
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The requirement to treat the movement of goods into Northern Ireland as if they were crossing the EU external border is implied in the Protocol and results from applying customs legislation to NI and placing the border in the Irish Sea.
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Every single proposal for an “invisible” NI border has the same problem. Every single time smn tries to rethink border formalities and eliminate the dreaded customs “checks” they fall into the same 3⃣ pitfalls.
Typical mistake – thinking that removing checks “solves” the border. It doesn’t. Checks are rarely the problem. They are a small part of work and costs for traders.
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2⃣ Not removing checks just shifting them to a different time / place
The need for checks and verification stays. Especially when proposals suggest making non-compliance a criminal offence – that requires enforcement, which requires checks.
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The only thing I would add is that I think that “defending the integrity of SM” at the end of the day wasn’t about the details- checks and formalities. It's a concept.
The EU was/is after the one thing that the UK does not want to provide – reassurance and certainty.
🚛 Here is an interesting fact - it’s end of June and we don’t yet have a functioning border management system.
Remember the Goods Vehicle Movement Service (GVMS)? The system that was supposed to be first implemented in January to manage our borders?
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Remember how we all talked about the fact that you don’t build IT systems in a few months? That they require testing etc? And how Gov was sure it will be ready?
It wasn’t ready so the full implementation was pushed back to June.
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A while back, together with all the announcements around further easements and extensions, GVMS was pushed back to Jan 2022.
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An article on the top 5 benefits of joining the CPTPP written by the UK's Chief Negotiator for accession to CPTPP - so basically the right person to ask.
Read it carefully cause the wording is very important here.
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