@StevePeers
Steve Peers
1 year
Windsor Framework legal text published. Some initial comments 1/
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@StevePeers
Steve Peers
1 year
First, a UK government command paper which summarises and defends the package
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@StevePeers
Steve Peers
1 year
3/ next, a joint declaration of the EU Commission and the UK, which summarises the main points. Includes reciprocal commitments to drop NI protocol bill on one side and legal proceedings on the other. Joint Committee will meet soon to adopt legal texts.
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@StevePeers
Steve Peers
1 year
4/ A statement of the UK government legal position. Unilateral, not binding, but interesting. Pours an ocean full of cold water on the NI protocol bill
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@StevePeers
Steve Peers
1 year
5/ we pause for the thoughts of John Redwood
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@StevePeers
Steve Peers
1 year
6/ There are thirteen more documents, mostly soft law non-binding declarations. But the key to the package is a draft Joint Committee decision, which will be binding and will *amend the protocol*. It uses the Joint Committee powers to amend the withdrawal agreement (see para 3)
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@StevePeers
Steve Peers
1 year
7/ The amendments to the protocol start with a new bit added to its Article on UK internal trade
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@StevePeers
Steve Peers
1 year
8/ next, the protocol is amended to add the "Stormont brake" on amended or replaced EU law. Note the threshold of "significant impact on everyday life" etc
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@StevePeers
Steve Peers
1 year
9/ I've summarised this new procedure in a gif
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@StevePeers
Steve Peers
1 year
10/ VAT. The protocol is amended, not to drop requirements on VAT fully, but to add more flexibility for the UK (re NI) in an Annex
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@StevePeers
Steve Peers
1 year
11/ A similar approach is taken with excise tax. A specific exemption including "alcoholic beverages packaged in large draught containers served for immediate consumption in hospitality venues". The drafters are clearly party animals.
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@StevePeers
Steve Peers
1 year
12/ the drafting is full of complex cross-references to EU tax law, so what can I say except "Tax Lawyers Assemble!"
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@StevePeers
Steve Peers
1 year
13/ the biggest bit of the Joint Committee decision will replace a previous Joint Committee decision. This is the part that will reduce checks on goods going from GB to NI. (I am not screenshotting all of it)
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@StevePeers
Steve Peers
1 year
14/ more on the Stormont brake - a unilateral declaration by the UK, but added as an annex to the Joint Committee decision. Bit of a soft/hard law hybrid. Note the condition that the NI executive is operational, assembly members act in good faith, and the minority veto
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@StevePeers
Steve Peers
1 year
15/ moving on to the soft law. Joint declaration: the whole protocol should be called the "Windsor Framework" from now on. Renaming things always works well. Just ask Brandon!
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@StevePeers
Steve Peers
1 year
16/ next, a joint committee recommendation on what happens if the UK pulls the Stormont brake and the arbitrators rule that the UK has abused it. (Not quite as sexy as I've made it sound)
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@StevePeers
Steve Peers
1 year
17/ a joint declaration, also on the Stormont brake
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@StevePeers
Steve Peers
1 year
18/ the next thing is binding: a change to the rules of procedure of a working group, so NI stakeholders are more involved
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@StevePeers
Steve Peers
1 year
19/ similarly, a joint declaration on involving stakeholders in the work of the committees
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@StevePeers
Steve Peers
1 year
Unilateral UK declaration on review of the consent mechanism, ie the possibility of a majority of members of the NI assembly to vote to end most of the protocol - the consent mechanism isn't changed though
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@StevePeers
Steve Peers
1 year
21/ a couple of soft law measures on the possibility of cross border smuggling
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@StevePeers
Steve Peers
1 year
22/ unilateral UK declaration on goods moving from NI to GB - when export rules of EU law will apply
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@StevePeers
Steve Peers
1 year
23/ unilateral UK declaration on parcels *until* the new Joint Committee decision takes effect - that decision will simplify parcels moving between GB and NI
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@StevePeers
Steve Peers
1 year
24/ Joint declaration on possibly agreeing further amendments to VAT rules in future
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@StevePeers
Steve Peers
1 year
25/ State aid: EU State aid law *continues to apply to NI* - despite UK government implying otherwise. The protocol is *not amended* on this point, but there is a joint declaration interpreting it.
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@StevePeers
Steve Peers
1 year
26/ note also parallel proposals for EU legislation and other measures on medicine and food checks (SPS) etc
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@StevePeers
Steve Peers
1 year
27/ the SPS proposal includes rules on the movement of pets from GB to NI, although tbh it looks a little more complicated than putting doggo on the back seat and driving onto the ferry
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@StevePeers
Steve Peers
1 year
28/ on the CJEU, there is *no change*, even in soft law - see the Commission Q and A. This refers to the general commitment to try to settle disputes politically (see the joint declaration in tweet 3)
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@StevePeers
Steve Peers
1 year
29) any interest in a blog post version of all this?
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