Boris Johnson`s Withdrawal Agreement

On 6 September 2020, the Financial Times reported that the UK government was considering drafting new laws to circumvent the protocol of the Northern Ireland Withdrawal Agreement. [45] The new law would give ministers the power to determine which state aid should be notified to the EU and to define which products at risk of being transferred from Northern Ireland to Ireland (the withdrawal agreement stipulates that in the absence of a reciprocal agreement, all products are considered vulnerable). [47] The government defended this approach and stated that the legislation was in accordance with protocol and that it had only “clarified” the volumity in the protocol. [48] Ursula von der Leyen warned Johnson not to violate international law and said that the implementation of the withdrawal agreement by Britain was a “precondition for any future partnership”. [49] On 8 September, the Minister of Foreign Affairs for Northern Ireland, Brandon Lewis, told the British Parliament that the government`s internal market bill would “violate international law”.” [50] (Reuters) – The British government is planning laws ending important parts of the Brexit withdrawal agreement and risking the collapse of trade talks with Brussels, the Financial Times reported on Sunday. Under the current withdrawal agreement, the UK must inform Brussels of all state aid decisions that would affect the Northern Irish product market, as part of efforts to maintain a level playing field for UK and European companies. On Wednesday, Germany and France pledged to maintain strong unity in talks with Britain over its future relations with the EU. Following the UK`s bomb scare the day before to violate international law with the EU withdrawal treaty, the Franco-German couple said they were on the same side. The withdrawal agreement provides for a transitional period until 31 December 2020, during which time the UK will remain in the internal market, to ensure the smooth flow of trade until a long-term relationship is concluded. If no agreement is reached by then, the UK will leave the single market without a trade deal on 1 January 2021. The withdrawal agreement is closely linked to a non-binding political declaration on future relations between the EU and the UK. The 2019 revisions also adapted elements of the political declaration and replaced the word “appropriate” with “appropriate” with respect to labour standards. According to Sam Lowe, a trade fellow at the Centre for European Reform, the amendment excludes labour standards from dispute resolution mechanisms.

[27] In addition, the Equal Competition Mechanism has been postponed from the legally binding withdrawal agreement to the political declaration,[24] and the line of the political statement that “the United Kingdom will consider taking into account alignment with trade union rules in the relevant areas” has been removed. [26] The Financial Times reports that parts of the Internal Market Act, due to be published on Wednesday, should “remove the legal force of parts of the withdrawal agreement” in areas such as Northern Ireland`s customs sector and state aid. The move, which was first reported by the Financial Times, would reduce parts of the UK`s agreement with the EU on state aid and customs regimes for Northern Ireland. It goes without saying that the British government believes that the original protocol is ambiguous enough to allow for a change of interpretation – a view that should be hotly contested by Brussels.