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sabenapilot wrote:A101 wrote:If you had read my posts upthread you will have noticed that i expect the EU to use the dispute settlement mechanism within the WA, I could not have made myself any more clearer
That disupte settlement mechanism ultimately leads to the ECJ: would you agree to the UK going before the European Union's Court of Justice and accept its ruling? Or are you going to be back here in say 14 months, arguing that Brexit was about no longer being bound by the ECJ and thus the UK not having to accept the rulings of it, is now perfectly logical? Just asking so we can already let you dig the hole for your constantly moving goalposts to be put in...
sabenapilot wrote:A101 wrote:from what has been posted so far, it seems to be what the UK deems to be an at risk product, if said product is not crossing the NI/ROI border it is not an at risk product under the WA
The WA is perfectly clear on the fact that all goods going into NI from the rest of the UK are initially to be dealt with as 'at risk' products, unless they are declared not to be so by the joint committee (i.e. the UK and the EU), not by the UK government and certainly not its own unilateral intitiative.
A101 wrote:
An item is declared at risk if the importer has a chance of onselling the product/s into the EU. If it can be shown the item will not go any further than NI than it’s no longer an at risk product before entering NI. If the products from the importer has paid duties on the item it can get a rebate on the item if duties have already been paid.
A101 wrote:If you had read my posts upthread you will have noticed that I expect the EU to use the dispute settlement mechanism within the WA, I could not have made myself any more clearer
If no mutual agreement can be reached by the joint committee with the EU, then ministers are likely to define those terms very narrowly, in the UK’s interests.
The withdrawal agreement currently stipulates, in contrast, that all goods should be deemed at risk of tariffs in the event of a lack of agreement within the committee.
art wrote:May be a silly question but what stops UK and, say, Egypt agreeing on 1st Jan that UK will place no tariffs on Egyptian widgets if Egypt places no tariffs on British thingamybobs?
Dutchy wrote:art wrote:May be a silly question but what stops UK and, say, Egypt agreeing on 1st Jan that UK will place no tariffs on Egyptian widgets if Egypt places no tariffs on British thingamybobs?
WTO terms? Look at what that actually entitles.
Dutchy wrote:art wrote:May be a silly question but what stops UK and, say, Egypt agreeing on 1st Jan that UK will place no tariffs on Egyptian widgets if Egypt places no tariffs on British thingamybobs?
WTO terms? Look at what that actually entitles.
A101 wrote:sabenapilot wrote:A101 wrote:from what has been posted so far, it seems to be what the UK deems to be an at risk product, if said product is not crossing the NI/ROI border it is not an at risk product under the WA
The WA is perfectly clear on the fact that all goods going into NI from the rest of the UK are initially to be dealt with as 'at risk' products, unless they are declared not to be so by the joint committee (i.e. the UK and the EU), not by the UK government and certainly not its own unilateral intitiative.
An item is declared at risk if the importer has a chance of onselling the product/s into the EU. If it can be shown the item will not go any further than NI than it’s no longer an at risk product before entering NI. If the products from the importer has paid duties on the item it can get a rebate on the item if duties have already been paid.
LJ wrote:At least there is no an admission that the changes will break international law.
https://ca.sports.yahoo.com/news/brexit-news-latest-boris-johnson-eu-deal-update-124433520.html?guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAKzdHW6ViH7LodfuuLeNxsHybfaEWVz88vBF-XIvqG2dR0MLQNqTHwudZKcfE-RXXaXo5ViUfAJZmWstU9TrsJ8bQ31U0lKmBYRRPCO2gQnc42-Aihv--dY6nz0vQeuOhUDead_niXpOKcnXlDu0IT8nRvB429tyOouo3WptBYXb
Klaus wrote:The proposed stipulations are a stick of dynamite to that agreement, because these stipulations explicitly disrespect the integrity of the EU Single Market by unilaterally usurping control of EU rules and regulations without even so much as a consultation.
The primary damage is that the UK government completely obliterates any trust in its good faith in this or any future agreement, and not just with the EU.
sabenapilot wrote:The international standing, credibiity and reputation of the United Kindom of Great Britain (and for the moment still) Northern Ireland sinks to a new low today...
Incredible to see HM's Government will have to be told by the ECJ that an international treaty signed only a couple of months ago must be upheld.
Wonder if the French will draw some inspiration from it regarding the border treaty of Calais at a convenient moment in future.
A101 wrote:sabenapilot wrote:A101 wrote:If you had read my posts upthread you will have noticed that i expect the EU to use the dispute settlement mechanism within the WA, I could not have made myself any more clearer
That disupte settlement mechanism ultimately leads to the ECJ: would you agree to the UK going before the European Union's Court of Justice and accept its ruling? Or are you going to be back here in say 14 months, arguing that Brexit was about no longer being bound by the ECJ and thus the UK not having to accept the rulings of it, is now perfectly logical? Just asking so we can already let you dig the hole for your constantly moving goalposts to be put in...
Well no it actually doesn’t, the only role the ECJ has is to interpret EU law if the independent panel is dealing with issue of EU law, in other words the independent panel asks the ECJ for its interpretation only, not that the dispute is dealt with by the ECJ.
A101 wrote:Well placing Tariffs on goods entering NI is a huge fundamental change under the UK constitution
Act of Union (Ireland) 1800That all articles the growth, produce, or manufacture of either country, (not herein-after enumerated as subject to specific duties) shall from thenceforth be imported into each country from the other free from duty,
& as previously quotedbe entitled to the same privileges, and be on the same footing as to encouragements and bounties on the like articles,
Grizzly410 wrote:A101 wrote:sabenapilot wrote:
That disupte settlement mechanism ultimately leads to the ECJ: would you agree to the UK going before the European Union's Court of Justice and accept its ruling? Or are you going to be back here in say 14 months, arguing that Brexit was about no longer being bound by the ECJ and thus the UK not having to accept the rulings of it, is now perfectly logical? Just asking so we can already let you dig the hole for your constantly moving goalposts to be put in...
Well no it actually doesn’t, the only role the ECJ has is to interpret EU law if the independent panel is dealing with issue of EU law, in other words the independent panel asks the ECJ for its interpretation only, not that the dispute is dealt with by the ECJ.
I'm not a lawyer, nor english my native language but I think the ECJ ruling is not, as you claim, only for interpretation of the EU law.
Article 174 of the Withdrawal Agreement
Disputes raising questions of Union law
1. Where a dispute submitted to arbitration in accordance with this Title raises a question of interpretation of a concept of Union law, a question of interpretation of a provision of Union law referred to in this Agreement or a question of whether the United Kingdom has complied with its obligations under Article 89(2), the arbitration panel shall not decide on any such question. In such case, it shall request the Court of Justice of the European Union to give a ruling on the question. The Court of Justice of the European Union shall have jurisdiction to give such a ruling which shall be binding on the arbitration panel.
The arbitration panel shall make the request referred to in the first subparagraph after having heard the parties.
I'm not saying that it's the case with the recent events as I didn't read what was "specific and limited way" of supposed breach and the dispute resolution process can vary in function of the article in breach (in relation to the Northern Ireland Protocol implementation in particular it's directly EU law which applies, therefore a dispute goes directly to the ECJ).
Bostrom wrote:A101 wrote:Well placing Tariffs on goods entering NI is a huge fundamental change under the UK constitution
Act of Union (Ireland) 1800That all articles the growth, produce, or manufacture of either country, (not herein-after enumerated as subject to specific duties) shall from thenceforth be imported into each country from the other free from duty,
& as previously quotedbe entitled to the same privileges, and be on the same footing as to encouragements and bounties on the like articles,
It is certainly a big change, but the parliament decided to change that when they approved the WA. If they had the right to change that is an interesting question and to me that sounds like a good argument for a written constitution so that it is clear what the parliament can and can not do.
Bostrom wrote:A101 wrote:Well placing Tariffs on goods entering NI is a huge fundamental change under the UK constitution
Act of Union (Ireland) 1800That all articles the growth, produce, or manufacture of either country, (not herein-after enumerated as subject to specific duties) shall from thenceforth be imported into each country from the other free from duty,
& as previously quotedbe entitled to the same privileges, and be on the same footing as to encouragements and bounties on the like articles,
It is certainly a big change, but the parliament decided to change that when they approved the WA. If they had the right to change that is an interesting question and to me that sounds like a good argument for a written constitution so that it is clear what the parliament can and can not do.
sabenapilot wrote:
Wonder if the French will draw some inspiration from it regarding the border treaty of Calais at a convenient moment in future.
A101 wrote:This could explain the reasoning behind the new legislation
Brussels threatened to block British food exports to Northern Ireland in Brexit power play
https://www.thesun.co.uk/news/12618129/ ... eland/amp/
Klaus wrote:A101 wrote:This could explain the reasoning behind the new legislation
Brussels threatened to block British food exports to Northern Ireland in Brexit power play
https://www.thesun.co.uk/news/12618129/ ... eland/amp/
That's a very weak attempt of the Sun to deflect the firestorm caused by the UK government's misconceived announcement to deliberately breach international law.
What they're presenting as a pretense there is nothing outrageous at all but merely the fully known and automatic consequence of the Withdrawal Agreement as chosen by Boris Johnson.
This was exactly why Theresa May had rejected this particular deal and agreed to the UK-wide backstop instead.
Rejecting that backstop again and instead conceding the deal with the border across the Irish Sea as the EU had proposed long before does of course have exactly that consequence: That products coming from Britain to Northern Ireland would then effectively enter the EU Single Market and thus will need to be compliant with all applicable EU rules and regulations.
None of that is new, surprising or outrageous. It has always been the specific compromise in that particular kind of deal where Britain would have maximum flexibility to diverge from EU rules and regulations but Northern Ireland would remain aligned with EU rules and regulations in order to preserve the integrity of the Good Friday Agreement in Northern Ireland.
What the Sun is doing there is a desperate, last-ditch attempt to assuage at least some of the pain of the Brexit followers they themselves had led exactly to this part of the desert with no unicorns in sight anywhere, trying to tell them that this plan of the Johnson government was not really as disreputable and shameful as it actually is.
A101 wrote:Klaus wrote:A101 wrote:This could explain the reasoning behind the new legislation
Brussels threatened to block British food exports to Northern Ireland in Brexit power play
https://www.thesun.co.uk/news/12618129/ ... eland/amp/
That's a very weak attempt of the Sun to deflect the firestorm caused by the UK government's misconceived announcement to deliberately breach international law.
What they're presenting as a pretense there is nothing outrageous at all but merely the fully known and automatic consequence of the Withdrawal Agreement as chosen by Boris Johnson.
This was exactly why Theresa May had rejected this particular deal and agreed to the UK-wide backstop instead.
Rejecting that backstop again and instead conceding the deal with the border across the Irish Sea as the EU had proposed long before does of course have exactly that consequence: That products coming from Britain to Northern Ireland would then effectively enter the EU Single Market and thus will need to be compliant with all applicable EU rules and regulations.
None of that is new, surprising or outrageous. It has always been the specific compromise in that particular kind of deal where Britain would have maximum flexibility to diverge from EU rules and regulations but Northern Ireland would remain aligned with EU rules and regulations in order to preserve the integrity of the Good Friday Agreement in Northern Ireland.
What the Sun is doing there is a desperate, last-ditch attempt to assuage at least some of the pain of the Brexit followers they themselves had led exactly to this part of the desert with no unicorns in sight anywhere, trying to tell them that this plan of the Johnson government was not really as disreputable and shameful as it actually is.
He’s talking about food stuff destined for NI which meets EU standards, just another attempt by the EU to force the UK into a vassal state.
Ditch the WA in its entirety under the Vienna Convention I say and trade without a deal.
A101 wrote:Ditch the WA in its entirety under the Vienna Convention I say and trade without a deal.
A101 wrote:This could explain the reasoning behind the new legislation
Brussels threatened to block British food exports to Northern Ireland in Brexit power play
https://www.thesun.co.uk/news/12618129/ ... eland/amp/
In the Commons, former Prime Minister Theresa May warned the Government was in danger of losing the trust of other countries that it would honour its international agreements...
A101 wrote:Ditch the WA in its entirety under the Vienna Convention I say and trade without a deal.
Dutchy wrote:It is so fascinating that the WA is now under "attack" from the same people who negotiated it only a few months. It was a requirement for Torrie MP's to stand for election to vote for the deal. And some say, yeah this is a good idea. We live in a strange world.
Reinhardt wrote:https://www.theguardian.com/politics/2020/sep/08/brexit-northern-ireland-us-uk-trade-deal
The second time they've said it. If you want a trade deal with the US, good luck if you're screwing around with the Irish border + Good Friday Agreement. Not that that needs saying to anyone with half a brain, but half the Tory MPs don't since they clearly didn't read the WA they are now so all against, yet all voted for and wanted to shut down all debate about it at the time.
Dutchy wrote:That is gross negligence and incompetence.
Dutchy wrote:That is gross negligence and incompetence.
(which is actually the perfect description for Brexit)
Reinhardt wrote:https://www.theguardian.com/politics/2020/sep/08/brexit-northern-ireland-us-uk-trade-deal
The second time they've said it. If you want a trade deal with the US, good luck if you're screwing around with the Irish border + Good Friday Agreement. Not that that needs saying to anyone with half a brain, but half the Tory MPs don't since they clearly didn't read the WA they are now so all against, yet all voted for and wanted to shut down all debate about it at the time.
olle wrote:What UK are saying is that US Chlorinated chicken can be re branded, moved to NI and viola free to enter SM.
art wrote:This is a bit like saying that any contract you make should be ditchable if you realise you should not have signed it. I buy and sell shares. Should there be a facility whereby I can retrospectively cancel any deal on which I lost money and if I make money the seller should be able to cancel the contract?
A101 wrote:He’s talking about food stuff destined for NI which meets EU standards,
just another attempt by the EU to force the UK into a vassal state.
Ditch the WA in its entirety under the Vienna Convention I say and trade without a deal.
A101 wrote:art wrote:This is a bit like saying that any contract you make should be ditchable if you realise you should not have signed it. I buy and sell shares. Should there be a facility whereby I can retrospectively cancel any deal on which I lost money and if I make money the seller should be able to cancel the contract?
Hardly the same thing, as the agreement between the UK-EU is not buying or selling a commodity, a FTA treaty function is to set the parameters between the two nations so those that do buy and sell commodities can do so without too much restrictions. If the treaty is no longer fit for purpose to one of the parties you withdraw from the treaty
Dutchy wrote:So you say: screw Northern Ireland,
Dutchy wrote:ditch the Good Friday Agreement
Dutchy wrote:screw the UK economy (maximum damage because of trading on the worst possible terms).
art wrote:This is a bit like saying that any contract you make should be ditchable if you realise you should not have signed it. I buy and sell shares. Should there be a facility whereby I can retrospectively cancel any deal on which I lost money and if I make money the seller should be able to cancel the contract?
Klaus wrote:A101 wrote:art wrote:This is a bit like saying that any contract you make should be ditchable if you realise you should not have signed it. I buy and sell shares. Should there be a facility whereby I can retrospectively cancel any deal on which I lost money and if I make money the seller should be able to cancel the contract?
Hardly the same thing, as the agreement between the UK-EU is not buying or selling a commodity, a FTA treaty function is to set the parameters between the two nations so those that do buy and sell commodities can do so without too much restrictions. If the treaty is no longer fit for purpose to one of the parties you withdraw from the treaty
No, you renegotiate it with your partner, usually in bilateral agreement.
Just unilaterally withdrawing from existing treaties generally does damage to that country's international standing and credibility, and the UK has taken a severe beating on that since the whole Brexit debacle started.
And any treaty is based on some give and take, just that the current bunch in Westminster are very much intent on the take but can't comprehend what that give is even about.
A101 wrote:You keep saying the UK economy is screwed, cant be much worse than we are now under a covid- induced economic coma