The document summarizes key issues with the proposed UK Withdrawal Agreement from the EU:
1) The UK would pay £39 billion to the EU with nothing guaranteed in return and no influence over how the money is spent.
2) The UK would remain bound by many EU laws but have no say in their creation, making the UK a "rule taker" and surrendering sovereignty.
3) The agreement establishes a backstop customs union that the UK cannot exit without EU approval, violating promises made and the Conservative manifesto.
4) The agreement treats Northern Ireland differently than the rest of the UK, undermining UK territorial integrity in a way the DUP cannot accept.
5
Brexit : implications for rolling stock procurement and financingGraeme McLellan
Article considering some implications of Brexit with particular reference to rail rolling stock procurement, leasing and financing. Includes consideration of WTO rules in the absence of a negotiated trade agreement between the UK and the EU.
From energy to financial services and the digital world, in this issue of Insights Brussels - a regular update on key EU policy developments our public affairs experts provide an update on the most relevant legislative initiatives in the pipeline. We remain available to support organisations in understanding and navigating the Brussels arena and the interplay with relevant national policy landscapes.
For real-time updates, follow @MSL_Brussels or reach out to us on Twitter @msl_group.
'Brexit' –VAT & Customs implications for international supply chainsAlex Baulf
Now that the United Kingdom has voted to leave the European Union (EU), it is clear that the exit will require a fundamental review of how indirect tax (including VAT & customs duty) will operate going forward. We set out Grant Thornton's thinking about what the post-Brexit world might look like for global supply chains. Much will depend on whether we agree a 'Soft Brexit' (retaining some level of access to the Single Market) or a 'Hard Brexit' (No favoured access).
Brexit : implications for rolling stock procurement and financingGraeme McLellan
Article considering some implications of Brexit with particular reference to rail rolling stock procurement, leasing and financing. Includes consideration of WTO rules in the absence of a negotiated trade agreement between the UK and the EU.
From energy to financial services and the digital world, in this issue of Insights Brussels - a regular update on key EU policy developments our public affairs experts provide an update on the most relevant legislative initiatives in the pipeline. We remain available to support organisations in understanding and navigating the Brussels arena and the interplay with relevant national policy landscapes.
For real-time updates, follow @MSL_Brussels or reach out to us on Twitter @msl_group.
'Brexit' –VAT & Customs implications for international supply chainsAlex Baulf
Now that the United Kingdom has voted to leave the European Union (EU), it is clear that the exit will require a fundamental review of how indirect tax (including VAT & customs duty) will operate going forward. We set out Grant Thornton's thinking about what the post-Brexit world might look like for global supply chains. Much will depend on whether we agree a 'Soft Brexit' (retaining some level of access to the Single Market) or a 'Hard Brexit' (No favoured access).
The UK voted to leave the EU in 2016 and officially left the trading bloc - it's nearest and biggest trading partner - on 31 January 2020.
It was a complex, sometimes bitter negotiation, but they finally agreed a deal on 24 December 2020.
The Business of Brexit: How Will You Be Impacted?Gowling WLG
The U.K. has voted to leave the European Union. And while Brexit likely won't happen for at least two years, organizations around the world are anxiously wondering what it will mean for their business.
To address these questions in a Canadian context, Gowling WLG recently offered a series of Brexit seminars in our offices across Canada, titled “The Business of Brexit: How will you be impacted?”
With over 1,400 legal professionals in 18 cities worldwide — including across Canada, the U.K. and Europe — Gowling WLG is uniquely positioned to help clients navigate the challenges that Brexit may present.
Led by Gowling WLG’s Brexit experts, this on-demand seminar focuses on:
The process for the U.K. to withdraw from the EU
How the U.K. legal landscape may change
The potential impact of Brexit on Canadian businesses and key global industry sectors.
Slides from a webinar which took place on 6 September 2018. Presented by Chris Walker, senior external relations officer at NCVO, and Ben Westerman, NCVO's Brexit lead.
I did a presentation about the problem in UK known as BREXIT in detail and about EUROPEAN UNION. It will be helpful if u want to know about BREXIT and EU a little. Thank you
The Economist Educational Foundation is a charity that was set up by The Economist in 2012. It enables young people to be involved in decisions affecting their lives by helping them develop thoughtful voices on social, political and economic issues. We work with ten year olds and upwards in the UK who might otherwise feel forced to stand on the edge of important conversations. Using The Economist’s journalistic expertise, we provide these young people with inspiring opportunities to learn about current affairs and develop the skills to engage with them in an open-minded and constructive way.
it is all about UK leaving the European union.
the process and the impact on india is discussed in this presentation.
this presentation is only for education purpose.
The UK voted to leave the EU in 2016 and officially left the trading bloc - it's nearest and biggest trading partner - on 31 January 2020.
It was a complex, sometimes bitter negotiation, but they finally agreed a deal on 24 December 2020.
The Business of Brexit: How Will You Be Impacted?Gowling WLG
The U.K. has voted to leave the European Union. And while Brexit likely won't happen for at least two years, organizations around the world are anxiously wondering what it will mean for their business.
To address these questions in a Canadian context, Gowling WLG recently offered a series of Brexit seminars in our offices across Canada, titled “The Business of Brexit: How will you be impacted?”
With over 1,400 legal professionals in 18 cities worldwide — including across Canada, the U.K. and Europe — Gowling WLG is uniquely positioned to help clients navigate the challenges that Brexit may present.
Led by Gowling WLG’s Brexit experts, this on-demand seminar focuses on:
The process for the U.K. to withdraw from the EU
How the U.K. legal landscape may change
The potential impact of Brexit on Canadian businesses and key global industry sectors.
Slides from a webinar which took place on 6 September 2018. Presented by Chris Walker, senior external relations officer at NCVO, and Ben Westerman, NCVO's Brexit lead.
I did a presentation about the problem in UK known as BREXIT in detail and about EUROPEAN UNION. It will be helpful if u want to know about BREXIT and EU a little. Thank you
The Economist Educational Foundation is a charity that was set up by The Economist in 2012. It enables young people to be involved in decisions affecting their lives by helping them develop thoughtful voices on social, political and economic issues. We work with ten year olds and upwards in the UK who might otherwise feel forced to stand on the edge of important conversations. Using The Economist’s journalistic expertise, we provide these young people with inspiring opportunities to learn about current affairs and develop the skills to engage with them in an open-minded and constructive way.
it is all about UK leaving the European union.
the process and the impact on india is discussed in this presentation.
this presentation is only for education purpose.
Brexit update and the Impact on Digital health startups. Includes Introduction, Advantages of Doing Business in the UK, The Three Likely Scenarios, The “Chequers Deal”, Canada Plus, No Deal, Contingency Planning
A definitive guide to the brexit negotiations, By Sadaf AlidadSadaf Alidad
A look into “A Definitive Guide to the Brexit Negotiations” in Harvard Business Review, By Sadaf Alidad, MBA student of Alzahra University of Tehran (class assignment)
A presentation that I delivered to Sheffield Business and Intellectual Property Centre on Wednesday 6 March 2019. It covers art 50, IP provisions of draft withdrawal agreement and the political declaration, European Union (Withdrawal) Act 2019 and draft statutory instruments together with sources of further information.
With the UK’s exit from the EU now just a year away, IGD’s chief economist James Walton has looked at the government’s current position and possible challenges ahead. Plus, what UK grocery businesses should have done by now and what you should try doing next.
Brexit: The customs impact on UK businessesAlex Baulf
Following the referendum vote on 23 June 2016, the UK has voted to leave the EU. Exactly when this will happen and how is not yet known. In the coming months, the UK will be expected to submit its withdrawal notice to the EU Council -under Article 50 of the Treaty on European Union (TEU) -to formally notify the EU of its withdrawal. The notification will trigger a two-year notice period and negotiations on the terms of a UK exit will begin. Until then, UK businesses should continue to comply with and trade under the existing Union Customs Code (UCC) that entered into force on 1 May 2016.
Assuming that 'Brexit' does eventually happen, businesses need to:
• assess the risks and opportunities that this poses for their supply chain
• where possible, put in place plans to manage these changes, to ensure their activities run smoothly and mitigate the potential impact, and
• take appropriate steps to prepare for the ‘unknown’.
Unless there is a dramatic 'U' turn, it seems clear that, at some point in the future, the UK will leave the EU. From a UK business perspective such a move will not only present many challenges, but will also provide opportunities.
The vote to leave will continue to create considerable uncertainty until the details of any agreement(s) are known. Businesses affected by Brexit will need to plan for that uncertainty and will need to understand the potential impacts. For this reason, a supply chain impact assessment is prudent and should help to provide some clarity in relation to a business’s exposure.
Intellectual Property after Brexit - The Big picture, Brexit Models and state...T. Alexander Puutio
While it is certain that Brexit will affect Intellectual Property Rights holders much is yet uncertain. This presentation explores the different Brexit models and highlights their pertinent consequences for IP. The presentation also presents the trade context in which the Brexit will be conducted.
The idea of creating a guide to the possible implications of Brexit came into being before the date for the Brexit referendum was set and the referendum campaign had begun. Now that the countdown to the June 23 vote is well underway, this has become a much more topical and current issue for everyone in the UK and I think that many more UK businesses are now engaged in active study and planning for Brexit scenarios.
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
Unveiling the Secrets How Does Generative AI Work.pdfSam H
At its core, generative artificial intelligence relies on the concept of generative models, which serve as engines that churn out entirely new data resembling their training data. It is like a sculptor who has studied so many forms found in nature and then uses this knowledge to create sculptures from his imagination that have never been seen before anywhere else. If taken to cyberspace, gans work almost the same way.
Attending a job Interview for B1 and B2 Englsih learnersErika906060
It is a sample of an interview for a business english class for pre-intermediate and intermediate english students with emphasis on the speking ability.
3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
Premium MEAN Stack Development Solutions for Modern BusinessesSynapseIndia
Stay ahead of the curve with our premium MEAN Stack Development Solutions. Our expert developers utilize MongoDB, Express.js, AngularJS, and Node.js to create modern and responsive web applications. Trust us for cutting-edge solutions that drive your business growth and success.
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What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
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Tata Group Dials Taiwan for Its Chipmaking Ambition in Gujarat’s DholeraAvirahi City Dholera
The Tata Group, a titan of Indian industry, is making waves with its advanced talks with Taiwanese chipmakers Powerchip Semiconductor Manufacturing Corporation (PSMC) and UMC Group. The goal? Establishing a cutting-edge semiconductor fabrication unit (fab) in Dholera, Gujarat. This isn’t just any project; it’s a potential game changer for India’s chipmaking aspirations and a boon for investors seeking promising residential projects in dholera sir.
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Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
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1. Your Right to Know:
The Case against Chequers and the
Draft Withdrawal Agreement in plain English
18 November 2018
2. Summary: The case against the proposed Withdrawal Agreement on 1 page
1. We would hand over £39 billion of taxpayer’s money with nothing guaranteed in return.
Under the proposal the UK would agree a financial settlement with the EU of c.£39 billion,
made up of various elements, including continued EU budget contributions during the
transition period (up to December 2020), contributions to unfunded EU commitments and
EU pensions. Despite offering this vast sum of British taxpayer’s money the United Kingdom
is not guaranteed any future trading arrangements, which are still to be negotiated.
2. The UK will remain a ‘rule taker’ over large areas of EU law. The UK will continue to be
bound by EU laws in vital areas such as social policy, environmental policy and employment
policy, i.e will obey EU laws, but have no further influence over how they are drafted. We
will thus become a ‘rule taker’ and will have surrendered our sovereignty in these critical
areas.
3. No exit from a ‘backstop’ Customs Union. The agreement establishes a ‘joint committee’
which will oversee the UK’s ability to proceed to a future trade relationship. If this
relationship cannot be agreed by both parties the UK will enter a so called ‘backstop’
Customs Union with the EU, despite many public assurances to the contrary and directly at
variance with the Conservative Party’s 2017 General Election manifesto. We could only
subsequently leave the Customs Union with the agreement of the EU. While we remain in a
Customs Union we would be unable to strike international trade deals without the EU’s
permission.
4. The Agreement creates internal borders within the UK. Northern Ireland would become a
‘rule taker’ in further areas such as goods, agricultural products and VAT compared to the
rest of the UK. This threatens the internal integrity of the United Kingdom and is completely
unacceptable to the Democratic Unionist Party on whom the Conservative Party now rely
for a majority in the House of Commons.
5. The European Court of Justice (ECJ) will remain in control of the agreement and large
areas of EU law directly effective in the UK. The ECJ will remain as the final arbiter of the
agreement and of the EU laws the UK will be subject to.
In summary, the combination of these measures means the United Kingdom will have not left
the European Union but will instead be ‘half in and half out’. This will mean that we will
become a ‘vassal state’ many of whose laws will have been created abroad and over which
we have no influence. This is completely against the spirit of the 2016 referendum in which
17.4 million UK citizens voted to leave the European Union.
3. Background
The UK Government / EU draft withdrawal agreement, under Article 50, was published on the
14 November 2018. The withdrawal agreement runs to 585 pages. This is almost twice as long
as the 300 pages of the 2008 Lisbon Treaty. The draft withdrawal agreement was published
alongside a draft political declaration on a permanent ‘future framework’ UK/EU relationship.
Final EU agreement on the withdrawal agreement will be subject to the approval of an
“enhanced qualified majority” of EU Member States and the European Parliament.
In the UK, the House of Commons will be given a ‘Meaningful Vote’ on whether or not to
approve the draft agreement and future framework. If this is approved by the House of
Commons (which currently seems highly unlikely) Parliament will then need to pass a
Withdrawal Agreement and Implementation Bill, in order to ratify what would become a legally
binding international Treaty.
Key issue 1 – NOT taking back control of our money
Under the proposed agreement the UK would agree to pay to the EU a sum of approximately
£39 billion. This would comprise a number of parts, including continued EU budget
contributions during the transition period up to December 2020; unfunded EU commitments
(known as Reste à Liquider or RAL – where the EU has committed to future projects it has not
yet funded), and EU pensions, including for EU Commissioners and civil servants.
Having been through a period of considerable austerity in Britain, it seems difficult to justify
paying such a huge amount of money, while the United Kingdom is not guaranteed any future
trading relationship in return, as this is still to be subsequently agreed. This hardly constitutes
taking back control of our money – rather it is handing over vast amounts of our money, for
nothing in return and which could be better spent at home.
Key issue 2 – NOT taking back control of our laws
Under the proposals the UK would continue to be bound by EU laws in a number of critical
areas, such as social policy, environmental policy, employment policy and customs. We will thus
become a ‘rule taker’, which means we would have to continue to obey EU laws in these areas
but having surrendered any influence over how they are drafted.
Furthermore, under the agreement the European Court of Justice will be the final arbiter of EU
laws in power in the UK, putting our Courts, even our Supreme Court, in a junior position.
4. Key issue 3 – Being locked in a Customs Union without the ability to leave
Under the proposed agreement a ‘Joint Committee’ of both the EU and UK would be
established to oversee the UK’s path to a future trade relationship – which has yet to be
negotiated. However, if this relationship cannot be satisfactorily agreed by both parties the UK
would be forced to enter a so called ‘backstop’ Customs Union with the EU. While we remain in
a Customs Union (as we are at present) the UK would be unable to strike international trade
deals with other countries such as the USA or China or indeed, any other country.
Moreover, and critically, once we enter the backstop we cannot leave without the consent of
the European Union. This would be a major surrender of our sovereignty, despite repeated
public assurances in Parliament to the contrary. It would also be directly at odds with the
Conservative Party’s 2017 General Election manifesto that stated unequivocally that following
the referendum “we will no longer be members of the single market or customs union”.
Key issue 4 – Undermining the integrity of the United Kingdom
The agreement creates internal borders within the United Kingdom, as Northern Ireland, if we
enter the backstop, would be treated separately to the rest of the UK. Specifically, Northern
Ireland would become a rule taker in further areas such as goods, agricultural products and
VAT. This would create ‘a border down the Irish Sea’, despite repeated assurances to
Parliament that no British Government would ever contemplate this.
The draft agreement contains a separate Protocol including clauses specific to Northern Ireland
not affecting the rest of the UK. Treating Northern Ireland separately from the UK would only
encourage separatism in Scotland, to the detriment of our United Kingdom.
The separate treatment of Northern Ireland from the rest of the United Kingdom is
unacceptable to the Democratic Unionist Party (the DUP) on whom the Conservative Party now
rely for a working majority in the House of Commons. If the DUP were to withdraw their
support from the Conservative Party, because of these proposals, the Government would
collapse.
Key issue 5 – The Agreement would be overseen by the European Court of
Justice, not the UK Supreme Court.
Under the proposals the European Court of Justice (ECJ) will remain in control of the agreement
and those areas of EU law that remain effective in the UK. The ECJ will remain as the final
arbiter of the agreement and of the EU laws the UK will be subject to. Again, this is wholly
against the spirit of the referendum.
5. A better alternative - a “Super Canada” Free Trade Deal
The European Research Group (ERG) has argued for some time for a far better alternative which
is an advanced Free Trade Deal, known as ‘Super Canada’ (or Canada+++). The Group has spent
months trying to persuade the Prime Minister and senior pro EU officials in 10 Downing Street
that this would present a superior alternative for the United Kingdom to Chequers and what is
now the draft withdrawal agreement. However, these efforts have proved unsuccessful to date
– and the Prime Minister appears completely wedded to the current proposals.
The ERG published a paper explaining the case for its alternative at the 2018 Conservative Party
Conference. (‘Why an advanced Free Trade Deal – Super Canada – is superior to the Chequers
proposal’). In addition, the Institute for Economic Affairs (IEA) has also published a highly
detailed 134 page report this autumn, explaining in precise economic terms, how such an
arrangement (which they call PlanA+) would work in practice.
In essence, Super Canada would involve taking an existing EU Canada trade agreement, which
was signed in 2016 and updating this framework by adding on some additional elements, such
as a security protocol and a protocol on data. The EU Canada agreement took several years to
negotiate but this means that most of the ‘heavy lifting’ has already been done and many of the
key issues have previously been thrashed out in a manner the EU has already agreed to.
A Super Canada trade agreement would not involve being in the Single Market or Customs
Union and would not leave the UK subject to the authority of the European Court of Justice.
It would therefore honour the spirit of the 2016 referendum and the clear instruction to
politicians from 17.4 million people that we should leave the European Union. It would also,
incidentally, comply with the Conservative Party’s 2017 General Election Manifesto
commitment, on which almost every sitting Conservative MP was elected to Parliament by their
constituents. (A handful of Conservative MPs qualified their election addresses on this issue).
Conclusion
For the reasons explained in this paper, Chequers and the associated withdrawal agreement
mean that the UK would not, in reality, leave the European Union. Instead we would be left,
effectively “half in, half out” (which the Prime Minister specifically warned against in her
Lancaster House speech in January 2017).
The aim of this paper has been to explain to the people of the United Kingdom in plain and
simple English, what these complex legal proposals really mean for the future of this country.
They would mean, in short, that we had surrendered our destiny and breeched the spirit of the
2016 referendum. This is why the ERG is so strongly opposed to them.
6. APPENDIX
The Agreement in more detail
Internal NI/GB border: The backstop provides for an all UK Customs Union and regulatory and
other alignment in Northern Ireland. This would mean that goods from Northern Ireland
entering the EU market via Ireland would be EU compliant. Goods from Great Britain would not
be. This would entail checks on GB goods going into Northern Ireland to ensure they do not
enter the EU’s single market.
For this reason, Article 7 of the Ireland / Northern Ireland Protocol guarantees “unfettered
market access for goods moving from Northern Ireland to the rest of the United Kingdom”, but
not the other way around.
No backstop exit: The ‘backstop’ in the Ireland / Northern Ireland Protocol, is on the face of it
supposed to be temporary. However, the decision on when it might end is not one the UK can
take alone.
Article 1 (3) of the protocol gives the following condition for when the backstop can end: “This
Protocol sets out arrangements necessary to address the unique circumstances on the island of
Ireland, maintain the necessary conditions for continued North-South cooperation, avoid a hard
border and protect the 1998 Agreement in all its dimensions.”
Article 20 of the Protocol sets out when these conditions can be met: “If at any time after the
end of the transition period the Union or the United Kingdom considers that the Protocol is, in
whole or in part, no longer necessary to achieve the objectives set out in Article 1 (3) and should
cease to apply”... “the Joint Committee shall meet at ministerial level to consider the
notification.”
How the European Court of Justice will remain in control: The European Court of Justice (ECJ),
will be given jurisdiction to rule over the withdrawal agreement including the transitional
period, the potentially-permanent ‘backstop’ and the financial settlement.
The ‘backstop’ would tie the UK into a Customs Union with the EU where its customs rules,
external trade policy, regulations in Northern Ireland and - via the ‘non-regression’ clauses -
social, environmental, employment and state aid policy, would all be decided in the EU.
The financial settlement would cost the UK c.£39bn with the final sum adjudicated by the ECJ.
This sum would not be conditional on gaining a final permanent trade agreement. It would be
payable even if the UK remained trapped in the ‘backstop’.
7. Also under the ‘backstop’, Northern Ireland would be subject to EU regulations, (remaining in
the Single Market for goods) while the UK would not. This would create internal UK borders
down the Irish Sea (as well as regulatory borders at Calais and other UK/EU borders).
The European Court of Justice’s jurisdiction in the Agreement.
The jurisdiction of the ECJ stems from the following articles:
• Over the Transition Period: Article 4(1) “The provisions of this Agreement and the provisions
of Union law made applicable by this Agreement shall produce in respect of and in the
United Kingdom the same legal effects as those which they produce within the Union and its
Member States.”
• On cases arising under the Transition period for 4 years afterwards: Article 87“the European
Commission may within 4 years after the end of the transition period, bring the matter
before the Court of Justice of the European Union..”
• Over EU Citizens rights: Article 150:“References to the Court of Justice of the European
Union”.. “which commenced in the first instance within 8 years from the end of the
transition period..”
• Over the financial settlement: Article 160:“Articles 258, 260, and 267 TFEU shall apply on
respect of the interpretation and application of applicable Union law referred to in Article
136 and Article 138 (1) or (2)..” Articles 136&138 relate to the financial settlement.
• Ultimately over the arbitration panel set up under Article 171: Article 174:“The Court of
Justice of the European Union shall have jurisdiction to give such a ruling which shall be
binding on the arbitration panel..”
• Over the ‘backstop’: Article 14 (1) of the Ireland/Northern Ireland Protocol “the authorities
of the United Kingdom shall be responsible for implementing and applying the provisions of
Union law made applicable by this Protocol..”
• Over the ‘backstop’: Article 14 (4) of the Ireland/Northern Ireland Protocol “In particular,
the Court of Justice of the European Union shall have jurisdiction as provided for in the
Treaties..”
It binds the UK into EU social, environmental, employment and state aid policies: Annex 4 of
the Ireland / Northern Ireland protocol sets out a number of ‘non-regression’ clauses that will
bind the UK into following EU polices including ‘common standards’ on environment, social and
labour Law, taxation and state aid directly under the ECJ.