Brexit Political Declaration Vs 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] On the European Union side, the European Parliament also approved the ratification of the agreement on 29 January 2020[40] and the Council of the European Union approved the conclusion of the agreement by e-mail on 30 January 2020. [42] That is why, on 30 January 2020, the European Union also tabled its instrument for ratification of the agreement, concluding the agreement[43] and allowing it to enter into force on the date of the UK`s withdrawal from the EU on 31 January 2020, at 11 .m GMT. Since March, the EU and the UK have continued regular negotiations despite the difficulties associated with the COVID 19 pandemic. The EU is conducting its negotiations on the basis of the mutually agreed political declaration. However, significant differences have not yet been resolved in some areas. These differences include fair competition, horizontal management of each agreement and fisheries.

EU and UK negotiators Michel Barnier and David Frost and their teams have recently stepped up their negotiations. The clock is ticking, because an agreement must be reached quickly to have time for ratification by the European Parliament. Her Majesty`s Government`s statement of the United Kingdom of Great Britain and Northern Ireland refers to the application of the „democratic consent in Northern Ireland“ of the Protocol on Ireland and Northern Ireland. The United Kingdom and the European Union reached an agreement at the European Council on the withdrawal of the United Kingdom from Great Britain and Northern Ireland from the European Union. The revised withdrawal agreement and the political declaration were discussed and approved at the European Council on 17 October 2019. The UK has launched the formal process of withdrawal negotiations by formally announcing the European Council`s intention to leave the EU.

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