The new Withdrawal Agreement itself is now available in
full.
https://www.gov.uk/government/publications/withdrawal-agreement-and-political-declaration
The amendment to the Northern Ireland Protocol can be
found at:
https://ec.europa.eu/commission/sites/beta-political/files/revised_withdrawal_agreement_including_protocol_on_ireland_and_nothern_ireland.pdf
Whilst there are as yet undefined areas as to its swider cope,
the Channel Islands will take note of the section in the Political
Framework Agreement on Goods in relation to their links with
neighbouring France, in other words: la Baie de Mont Saint
Michel:
PART II:
ECONOMIC PARTNERSHIPI. OBJECTIVES AND
PRINCIPLES
16.The Parties recognise that they have a
particularly important trading and investment
relationship, reflecting more than 45 years of economic
integration during the United Kingdom's membership of
the Union, the sizes of the two economies and their
geographic proximity, which have led to
complex and integrated supply chains.
17.Against this backdrop,
the Parties agree to develop an ambitious,
wide-‐ranging and balanced
economic partnership. This partnership will be comprehensive,
encompassing a free trade area as well as
wider sectoral cooperation where it is in the mutual interest
of both Parties. It will be underpinned by provisions
ensuring a level playing field for open and fair
competition, as set out in Section XIVof this
Part. It should facilitate trade
and investment between the Parties to the extent
possible, while respecting the integrity of the
Union's Single Market and the Customs Union as
well as the United Kingdom's internal market,
and recognising the development of an
independent trade policy by the United
Kingdom beyond this economic
partnership. 18.The Parties will retain
their autonomy and the ability to regulate economic activity
according to the levels of protection each deems appropriate
in order to achieve legitimate public policy
objectivessuch as public health, animal health and
welfare, social services, public education, safety,
the environment including climate change, public morals, social
or consumer protection, privacy and data
protection,and promotion and protection
of cultural diversity. The economic
partnership will recognise that sustainable development is
an overarching objective of the Parties. The economic
partnership will also provide for appropriate general
exceptions, including in relation
to security.
19.The Parties recall
their determinationto
replace the backstop solution on Northern Ireland by a
subsequent agreement that establishes alternative arrangements for
ensuring the absence of a hard border on the island of
Ireland on a permanent footing.
II. GOODS
A. Objectives and principles
20.The Parties envisage having a trading
relationship on goods that is as close as possible, with
a view to facilitating the ease of legitimate
trade.
21.These arrangements will take account of
the fact that following the United Kingdom's
withdrawal from the Union, the Parties will form
separate marketsand distinct legal
orders. Moving goods across borders can pose risks to the
integrity and proper functioning of these markets,which are managed
through customs procedures and checks.
22.However, with a view to
facilitating the movement of goods across borders, the
Parties envisage comprehensive arrangements that will
create a free trade area, combining deep regulatory
and customs cooperation, underpinned by provisions
ensuring a level playingfieldf or open
and fair competition.
B.Tariffs
23.The economic partnership
should ensureno
tariffs, fees, charges or quantitative restrictions
across all sectors, with ambitious customs arrangements
that, in line with the
Parties' objectives and principles above, build
and improve on the single customs
territory provided for in the Withdrawal Agreement
which obviates the need for checks on rules of
origin.
C. Regulatory aspects
24.While preserving regulatory
autonomy, the Parties will put in place provisions to
promote regulatory approaches that are transparent,
efficient, promote avoidance of unnecessary barriers
to trade in goods and are compatible to the extent possible.
Disciplines on technical barriers to trade
(TBT) and sanitary and phytosanitary measures (SPS)
should build on and go beyond the respective WTO
agreements. Specifically, the TBT disciplines should set out
common principles in the fields of standardisation, technical
regulations, conformity
assessment,accreditation, market
surveillance, metrology and labelling.
The Parties should treat one another as single
entities as regards SPS measures, including for
certification purposes, and recognise regionalisation
on the basis of appropriate
epidemiological information
provided by the exporting party. The Parties will also explore the
possibility of cooperation of United Kingdom
authorities with Union agencies such as the
European Medicines
Agency(EMA), the European Chemicals
Agency(ECHA), and the European
Aviation Safety
Agency(EASA).
25.In this context, the United Kingdom
will consider aligning with Union rules in
relevant areas.
D.Customs
26.The Parties will put in place
ambitious customs arrangements,
in pursuit of their overall objectives. In doing
so, the Parties envisage making use of
all available facilitative
arrangementsand technologies, in
full respect of their legal orders and ensuring
that customs authorities are able to protect the
Parties'respective financial interests
and enforce public policies. To this end, they intend to
consider mutual recognition of trusted traders' programmes,
administrative cooperation in customs matters and mutual
assistance, including for the recovery of claims related to taxes
and duties, and through the exchange ofinformation to combat
customs fraud and other illegal activity.
27.Such facilitative arrangements and technologieswill also be
consideredindeveloping anyalternative arrangements forensuring the
absence of a hard border on the island of Ireland on a permanent
footing.E.Implications for checks and controls
28.The Parties envisage that the extent of the United Kingdom's
commitments on customs and regulatory cooperation, including with
regard to alignment of rules, would be taken into account in the
application of related checks and controls, considering this as a
factorinreducing risk. This, combined with the use of all available
facilitative arrangements as described above, can lead to a
spectrum of different outcomes foradministrative processes as well
as checks and controls, and the Parties note in this context their
wish to be as ambitious as possible, while respecting the integrity
of their respective markets and legal orders."
There is ample room here for a specific administrative
arrangement with the two regions of France, by reference to the
region, and this opportunity shoud not be missed, perhaps on an
"entrustment" basis. Bear in mind that the régime applicable to
Northern Ireland might bear application and if not duplication to
that between the Islands and France.
Insofar as the UK is concerned, ror those interested in the
sheer volume of work required, the link to the page with the latest
Withdrawal Bill proposal published by HM Government is as
follows:
https://www.gov.uk/government/publications/eu-withdrawal-agreement-bill
The Parliamentary link to the progress on the draft Bill which
needs to be passed to ratify it may be found at at
https://publications.parliament.uk/pa/bills/cbill/2019-2020/0007/cbill_2019-20200007_en_3.htm
The guidance notes have also been published at
https://publications.parliament.uk/pa/bills/cbill/2019-2020/0007/en3/20007en.pdf
Please note that the European Parliament will not ratify the
Withdrawal Agreement until it has been ratified by the United
Kingdom Parliament.
Hpwever, for those EU businesses importing into the United
Kingdom from the EU in a no-deal environment a link to the EU
Notices can be found here:
https://ec.europa.eu/taxation_customs/uk_withdrawal_en
Hopefully that will not become necessary.