UK agrees to remove clauses that breach the Withdrawal Agreement

The co-chairs of the EU-UK Joint Committee – European Commission Vice President Maroš Šefčovič and the UK Chancellor of the Duchy of Lancaster Michael Gove – have reached a political agreement on all outstanding issues related to the implementation of the Withdrawal Agreement. Ensuring that the Withdrawal Agreement, in particular the Protocol on Ireland and Northern Ireland, is fully operational at the end of the transition period.

Following what they describe as intensive and constructive work over the past weeks by the EU and the UK, the two co-chairs announced their agreement in principle on all issues, in particular with regard to the Protocol on Ireland and Northern Ireland. The UK has agreed to withdraw clauses 44, 45 and 47 of the UK Internal Market Bill, and not introduce any similar provisions in the Taxation Bill.

Yesterday (7 December), the UK listed its conditions as finding satisfactory solutions as regards: determining those goods “at risk” of entering the EU market, removing export declarations for Northern Ireland goods moving to Great Britain, and limiting the Protocol’s state aid provisions to Northern Ireland.

The statement acknowledges progress on a wide variety of products, especially those linked to animal products and those derived from animal products, that could have been considered “at risk”. It appears that there may be a more general exemption from the “at risk” categorization for products destined for supermarkets.  

On export declarations, there has been progress, but no further detail is offered. 

On state aid, there will be an exemption for agricultural and fish subsidies.

The parties have also agreed on practical arrangements regarding the EU’s presence in Northern Ireland when UK authorities implement checks and controls under the Protocol.

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