Irish protocol

Over 28 pages the joint agreement spells out

not just the contentious backstop but details
of the right for Irish citizens in Northern
Ireland to be EU citizens and the guaranteed
constitutional status of Northern Ireland
United Kingdom

Here are the main points

Backstop is temporary
- The backstop is “temporary” but open-ended
with no expiry date.
-It cannot be the basis for a permanent
relationship between the UK and the EU and
will be ended.
-Once it is superseded it cannot be revived.

Transition extension
- It will only come into play if there if there is
no deal by the end of the transition period in
December 2020, but if talks are going badly
the UK can ask for an extension at any time
before 1 July 2020.

- The draft agreement does not specify the

length of that, leaving the date open to
negotiation with a reference to an extension
to 20XX. Member states will have a say on
this.

- The UK only has one chance to extend the

transition.

Checks and enforcement

- As expected, UK authorities, not EU

officials, will be “responsible for
implementing and applying” the backstop
arrangements which will include limited
checks in British ports, factory and farm
premises on both sides of the Irish sea.

- During a backstop arrangement EU

representatives “shall have the right to be
present, during and receive, upon request, all
relevant information” relating to these
checks.

- Additionally the UK will obey EU “requests

the UK authorities to carry out control
measures” when needed. EU officials are
keen to stress this is to ensure no spread of
disease or sub-standard foods that could
threaten consumer health.

Exiting backstop is not unilateral

If either party notifies the other that it wants
the backstop to come to an end, a joint
ministerial committee will meet within six
months to consider the ending of it.

Committees
A “specialised committee” will be set up to
oversee the backstop with a joint
consultative working group composed and
chaired by a group of representatives from
both sides.

The European Court of Justice

The ECJ will also have a role, but the UK may
participate in proceedings “in the same way
as a member state”.

However authorities of the UK will not be

allowed to act as the lead authorities in
disputes arising during the backstop.

Northern Ireland goods

Businesses in Northern Ireland will be able
access the EU market without restrictions.
But the customs union code will apply to
allow for free movement of goods during a
backstop period.
EU legislation will apply on agriculture and
the environment
Goods sold in Northern Ireland will be sold
under British law not EU law.
will be labelled made in the UK if producers
wish

Northern Ireland will remain in the UK VAT

area
The European Commission will be
responsible for monitoring competition and
state aid rules in Northern Ireland during a
backstop period
The Commission will “ensure that the UK is
fully and regularly informed of the progress”
if there are any measures introduced by the
UK that constitute unlawful state aid.

Additional notes in the protocol on Ireland

Irish citizens are EU citizens.

Those who identify as Irish in Northern
Ireland will continue to be EU citizens and
eligible for EU benefits such as the EHIC
travel insurance and Erasmus programmes.

The constitutional status of Northern Ireland

To address unionists sensitivities, the EU
inserted a clause to the protocol, restating
the Good Friday Agreement guarantee that
the status of Northern Ireland as part of the
UK can only be changed “with the consent of
the majority of the people”.

UK landbridge to remain open

The agreement states that the UK will
“facilitate” trade from Ireland to the EU
through the UK and vice versa. Much of
Ireland’s exports go from Dublin Port to
Calais via Holyhead and Dover and it remains
the shortest route, vital for perishable goods
to the EU. This will mean vehicles get waived
through customs and standards checks in
Dover if their final destination is Ireland. This
raises a risk of fraud and smuggling and how
this will be policed is not stated. a