What are London and the EU arguing about?



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What are London and the EU arguing about?

meThis is the protocol on Ireland and Northern Ireland, which is part of the Withdrawal Agreement with which the United Kingdom politically left the European Union at the end of January. When Boris Johnson became prime minister in July 2019, the exit deal was largely negotiated, but he insisted on reopening it to get rid of the so-called “backing.” It stipulated that the entire United Kingdom would remain in a customs union with the European Union if necessary to avoid a border with the Irish island.

In October, Johnson found a new solution: Northern Ireland remains largely in the EU’s domestic market, but it is also part of the British customs area. This leads to some complicated regulations, especially for Northern Ireland companies. London has unilaterally changed these provisions with a bill after Johnson repeatedly promised Northern Ireland businessmen that there would be no obstacles for them in the British market.

Where is London deviating from the exit agreement?

Part 5 of the “Internal Market Bill” presented by London on Wednesday deals with the “place of Northern Ireland in the internal market and customs territory of the United Kingdom”. Paragraph 41 regulates “unrestricted access” for Northern Irish products to the UK market. No new administrative controls or processes can be introduced. Only a Crown Minister can make changes that are at the discretion of the government. Article 42 expressly grants that minister the right to “suspend or modify export declarations and other export procedures” provided for in the Northern Ireland Protocol.

This applies to so-called “Output Summary Statements”. Northern Ireland companies must declare to the EU that their exported products are subject to EU safety regulations; this must also be checked, at least in random samples. This applies to weapons and explosives, for example. Another point where London departs from the deal is state aid. With a limited exception for agriculture, Northern Ireland is still subject to EU rules on this type of aid, which can only be granted in exceptional cases and upon request. Brussels wants to avoid the creation of a dumping area that distorts competition in the internal market. On the other hand, the British bill leaves it to the discretion of the British government according to paragraphs 43 and 44 if and how it adheres to it. Furthermore, the Kingdom is exempt from any obligation to comply with European legislation and case law on subsidies.

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