Quote:
Originally Posted by Hugh
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From actual
Protocol.
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DETERMINED that the application of this Protocol should impact as little as possible on the everyday life of communities in both Ireland and Northern Ireland,
UNDERLINING their firm commitment to no customs and regulatory checks or controls and related physical infrastructure at the border between Ireland and Northern Ireland,
RECALLING that Northern Ireland is part of the customs territory of the United Kingdom and will benefit from participation in the United Kingdom's independent trade policy,
HAVING REGARD to the importance of maintaining the integral place of Northern Ireland in the United Kingdom’s internal market,
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The problem is that it all relies on the EU not being awkward as part of the Joint Committee.
Just look at France and their fishermen for how that is going to go.
IIRC Under WTO rules, if a territory has different customs rules, then it is formally a separate territory under WTO rules. As there are rules for between NI & GB, NI is a separate customs territory.
Link
Quote:
2. For the purposes of this Agreement a customs territory shall be understood to mean any territory with respect to which separate tariffs or other regulations of commerce are maintained for a substantial part of the trade of such territory with other territories.
3. The provisions of this Agreement shall not be construed to prevent:
(a) Advantages accorded by any contracting party to adjacent countries in order to facilitate frontier traffic;
(b) Advantages accorded to the trade with the Free Territory of Trieste by countries contiguous to that territory, provided that such advantages are not in conflict with the Treaties of Peace arising out of the Second World War.
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If NI is part of the UK customs territory as specified in the Protocol, then GB cannot have "separate tariffs or other regulations of commerce are maintained for a substantial part of the trade" with NI. Otherwise NI becomes a separate customs territory and things get even more messy.NI(ie UK government) would have to come to a formal trade agreement with GB(ie UK government again).