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Agreement on a revised Protocol on Ireland / Northern Ireland and a revised Political Declaration on the framework of the future EU-UK relationship

McCann FitzGerald

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European Union, Ireland, United Kingdom October 17 2019

Overview

Backstop is gone

The `backstop' is removed. The revised Protocol is no longer an insurance policy that applies unless and until the EU and the UK conclude a subsequent agreement that replaces it in part or in full. Instead, it is a fully legally operative solution that will continue to apply unless it fails to receive the support of the Northern Ireland Assembly.

What does it do?

The revised Protocol:

  • Avoids a hard border on the island of Ireland
  • Protects the all-island economy and the Good Friday Agreement, and
  • Safeguards the integrity of the EU Single Market.

Border issues

  • Northern Ireland will remain aligned to a limited set of Single Market rules to avoid a hard border on the island of Ireland
  • No customs border on the island of Ireland
  • Northern Ireland remains part of the UK's customs territory.

Northern Ireland Assembly

  • Will be able to determine the long-term application of relevant EU law in NI
  • Will be asked to provide its continued support for the Protocol 4 years after the end of the transition period and every 4/8 years thereafter.
McCann FitzGerald - John Cronin
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