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Post-Brexit United Kingdom Relations With the European Union
Following the UK's withdrawal from the EU on 31 January 2020,[a] the UK continued to conform to EU regulations and to participate in the EU Customs Union during the "Brexit transition period", which began on 1 February 2020 and ended on 31 December 2020. This allowed for a period of time to negotiate a bilateral trade agreement between the UK and the EU.
The UK has decided to withdraw from the single market, the customs union. Furthermore for all international agreements the EU entered into, the EU participation does not include the UK since 1 January 2021.
Those definitive changes could create difficulties which might be under-estimated, according to Michel Barnier:
re-introduction of customs formalities, as was the case before UK membership, for every product imported and exported to and from the EU and the UK
end of financial passporting rights for the UK services sector
The EEA Agreement and the agreement with Switzerland cover free movement of goods, and free movement of people. Many supporters of Brexit want to restrict freedom of movement; the Prime Minister ruled out any continuation of free movement in January 2017.
Northern Ireland remains legally in the UK Customs Territory, and can be part of any future UK trade deals, as long as it is consistent with the Protocol. This results in a de jure customs border on the island of Ireland, between Northern Ireland and the Republic of Ireland.
Level Playing Field provisions applying to Great Britain have been moved to the non-binding Political Declaration, although they are still present for Northern Ireland within the protocol.
The UK needs to follow in respect of Northern Ireland EU regulations with regards to trade in goods, and also implement future changes of those regulations
The Court of Justice has jurisdiction with regards to non-compliance of the UK with parts of the protocol as well as with the application of the trade in goods-regulation. Regarding the application of these rules courts can (and sometimes must) in regards to Northern Ireland make preliminary reference to the CJEU.
EU tariffs (which ones are dependent on a UK-EU trade agreement), collected by the UK on behalf of the EU, would be levied on the goods going from Great Britain to Northern Ireland that would be "at risk" of then being transported into and sold in the Republic of Ireland; if they ultimately are not, then firms in Northern Ireland could claim rebates on goods where the UK had lower tariffs than the EU. A joint EU-UK committee will decide which goods are deemed "at risk".
A unilateral exit mechanism by which Northern Ireland can leave the protocol: the Northern Ireland Assembly will vote every four years on whether to continue with these arrangements, for which a simple majority is required. If the Assembly is suspended at the time, arrangements will be made so that the MLAs can vote. If the Assembly expresses cross-community support in one of these periodic votes, then the protocol will apply for the next eight years instead of the usual four. If the Assembly votes against continuing with these arrangements, then there will be a two-year period for the UK and EU to agree to new arrangements, with recommendations made by a joint UK-EU committee. Rather than being a fallback position like the backstop was intended to be, this new protocol will be the initial position of Northern Ireland for at least the first four years after the transition period ends in December 2020.
According to Michel Barnier, this might raise issues for Northern Irish companies which need the UK to deliver clarity on this topic.