Withdrawal Agreement Hard Border

The UK left the EU on 31 January 2020 at midnight CET (23:00 GMT). A transitional period now applies until 31 December 2020. During this period, all EU rules and laws will continue to apply in the UK. For businesses or for the public, almost nothing changes. This will give everyone more time to prepare for the new agreements that the EU and the UK intend to conclude after 31 December 2020. However, 3Theresa May reiterated her commitment to protect the Good Friday Agreement on several occasions by opposing any kind of physical infrastructure at the Irish land border1. There is a clear contradiction between a hard Brexit and an open Irish border, and any attempt to reconcile these two goals has been seen by many analysts as “squaring the circle”. 44According to such a context of hostility and mistrust, exacerbated by the Covid crisis, there is no doubt that Britain`s exit from the EU will seriously affect the future of the Northern Irish province. Given the firm stance of the British negotiators and their promise to deviate from EU rules, it can be assumed that Brexit will undoubtedly complicate the implementation of the three parts of the agreement, which are interconnected and interdependent. This will lead to new tensions and disputes, not to mention the adverse effects on the two economies of the North and the South. And this means that to comply with EU requirements, some goods entering Northern Ireland from the UK (England, Scotland and Wales) will require certain controls, creating a regulatory and customs border in the Irish Sea.

Reporting by William James; Additional cover by Guy Faulconbridge, Sarah Young, Padraic Halpin and David Milliken; Edited by Alex Richardson Under an agreement known as the Northern Ireland Protocol, goods along the Irish border will not need to be controlled when new uk-EU relations begin on January 1. How does it work? In January 2019, German Foreign Minister Heiko Maas called on British MPs not to let Britain leave the EU without a deal, saying that “some people call us stubborn, but the truth is that avoiding a hard border in Ireland is a fundamental concern for the EU, a union that serves one goal more than anything else – to build and maintain peace in Europe.” [38] Nevertheless, said the chief spokesman of the European Commission, Margaritis Schinas, on the 23rd. In January, it was “obvious” that there would be a hard border if the UK left the EU without a deal. [39] The other 27 EU member states express their willingness to allow the UK to postpone its withdrawal (the UK is expected to leave the EU on 29 March 2019). If the UK Parliament approves the withdrawal agreement by 29 March, Brexit will be postponed until 22 May to allow time for the necessary legislation to be passed. If the British Parliament has not approved the agreement by then, Brexit will be postponed to 12 April. The United Kingdom triggers Article 50. This means that negotiations on the UK`s exit from the EU can begin. The EU and the UK have two years to reach an agreement. 30The reaction to the provisions of the revised protocol has been mixed. The agreement ensured that no border infrastructure was built in Ireland, thus eliminating all associated security risks. However, it strengthened the link between Northern Ireland and Britain.

But Ireland`s maritime border immediately sparked outrage from the Democratic Unionist Party, which called the new border deal treason. For the EU, the integrity of the single market is preserved and its commitment to Ireland is clearly underlined. However, the practical measures prescribed by the protocol quickly proved controversial. In the withdrawal negotiations, the Irish border issue was one of three areas[c] that required a special flow of negotiations to reach the necessary withdrawal agreement before the future relationship between the UK and the EU could be agreed. [41] [42] [43] The Irish and British governments, as well as EU officials, have stated that they do not want a hard border in Ireland, given the historical and social “sensitivities” that permeate the island. [44] 14 Article 2 Monitoring Agreement(1): The Union and the United Kingdom shall make every effort to conclude, by 31 December 2020, an agreement replacing this Protocol in whole or in part. The border is a sensitive issue due to the history of Northern Ireland and the agreements reached to bring peace, including the removal of visible signs from the border. In the context of Brexit, a “hard border” refers to a border where there are a limited number of authorized (and physically controlled) border crossings staffed by customs and police officers and supported by military forces in times of tension. [14] Drivers of vehicles passing through transport are required to declare the goods being transported, commercial carriers must present bills of lading and prove that the goods meet the minimum standards of the territory seized. Customs duties (in the form of customs duties) may become payable. [15] This is the position that applied to the border from 1923 until the Single European Act of 1993. [16] (In this context, a “hard border” does not mean a fortified border, but during the unrest, British security forces blocked many unauthorized crossings for security reasons.

Under the Common Travel Area Agreement, British and Irish citizens are free to cross the border without passport control). 13In May 2018, Theresa May proposed an alternative to customs offices along the Irish border, known as maximum facilitation or “max fac”. This involved the use of technology through electronic customs registration, filtering techniques, and even a decentralized digital currency that could be used on the peer-to-peer Bitcoin network. This solution, which included futuristic technology to make the border smooth, was rejected by Europeans as unrealistic, and the Jacques Delors Institute ridiculed it as “the fiction of the smooth border.” U.S. President-elect Joe Biden had also expressed concerns about the clauses and expressed doubts about the U.S.-British government. Negotiations on trade agreements, amid fears that any form of border control between the two sides of the island could undermine the 1998 peace agreement in Northern Ireland. .

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