BC UK
Saved by @Jacobtldr

Better late than never. Here we go. What does this deal mean for borders, border formalities, customs & trade facilitation?

Long one. TL:DR very little at the moment but has potential

/1

 Borders
When compared to no deal the deal changes very little in terms of border procedures. All formalities and checks will still be required.

Reminder - we're not starting from 0 here – both our container ports and our ro-ro ports are already congested

/2
On top of that, all the issues related to border readiness: lack of capacity and space, IT systems not ready, shortages of customs agents, treader readiness – have not been solved.

The deal doesn’t help with that.

/3
Here is where we are:
☑️The UK will phase-in border formalities over 6 months (customs and SPS)
☑️The EU will introduce full formalities in 3 days (customs + SPS)
☑️Irish Sea border also fully operational in 3 days with some short-term SPS easements

/4
Pre-notifications (safety & security declarations) not initially required on the UK side, needed for imports into the EU.

So what's in the deal?

/5
Anti-smuggling and safety&security checks according to each side’s criteria but signs of cooperation and data exchange.

Not much of that going on on the UK's side anyway in the first 6 months.

/6
Customs cooperation
The text is actually very good. Covers standard provisions plus elements from the WTO Trade Facilitation Agreement. It’s comprehensive and encouraging.

Plus we have a Protocol on Mutual Administrative Assistance in Customs Matters

/7
(Side note - further case in point that a Mutual Administrative Assistance agreement is not the same as a trade deal and can be signed with or without one)

/8

https://t.co/QRsegE8Zm9
Non-committal language of the chapter in practice means that there is potential for deeper cooperation e.g. “consider developing joint initiatives” but no obligation.

This is in line with what we normally see in such chapters.

/9
For example 👇 from the UK’s initial proposal - a pilot for joint customs offices.

Again, plenty of scope for deeper cooperation but not initially.

/10
Ro-ro ports

Helpful language but less than in the UK's initial proposal. The EU did not commit to the proposed 2h time-limit for clearance.

/11
Pre-lodgement, advanced processing and exchange of information.

/12
Customs procedures
Full or simplified (deferred - UK). The key difference here vs no deal - no tariffs, provided that rules of origin are met. A quick explainer on how this will work below.

/13

https://t.co/Z4FJHbIebO
Simplified procedures
Interesting provision. Both parties already have simplified procedures and have previously committed to introducing the ones they don't currently have. So this is not technically new. But perhaps there is scope here for something more. Eventually.

/14
AEO and mutual recognition.
This is good. Still not that many benefits of having AEO but mutual recognition is helpful.
Commitment to allow SMEs to qualify but not many SMEs are able to given the current criteria.

/15
The only thing is, as I have often pointed out - to get mutual recognition our AEO programme needs to be compatible with EU's AEO.

Meaning total revamping of UK's AEO programme isn't happening. We can't diverge that much

/16
SPS
Little if any changes vs no deal in terms of what needs to happen at the border.
Not much on SPS in general. Read more 👇 from SPS expert.

/17

https://t.co/tWsjD2gHeF
Northern Ireland
Nothing in the deal but having a deal, in theory, means managing of the Irish Sea Border will be easier. With the new trusted trader programme and more than a light-touch approach to RoOs it should be easier.

/18
To sum it all up – in 3 days border procedures will look pretty much the same as they would under no deal. In terms of customs – obviously no tariffs (hello origin).

In the future, who knows, plenty of scope for deepening customs cooperation.

/19

More from Uk

Nick Gutteridge
Nick Gutteridge
@nickgutteridge
1/ Some EU frustration at UK griping over trade problems and suggestions Brussels needs to improve its attitude to make the relationship work better. There's a feeling of déjà vu, that the UK never really accepted the practical reality of the deal it wanted and still doesn't.

2/ In particular there's exasperation that the UK is moaning about the deal not including arrangements that it ruled out itself to keep its own red lines intact. It's seen as a pattern of behaviour - first there was visa-free travel for musicians, now it's shellfish.

3/ EU sources say the lack of provisions on shellfish exports was brought up numerous times in the talks as a concern. But the UK refused to engage, as it did on wider SPS issues, over fears of 'being drawn into the EU's regulatory sphere'.

4/ The EU has rules vis-a-vis third countries, they say, and the UK knew this. Indeed, as they see things it's the British attitude that needs a reset. 'The problem is it wants to be a better third country than others, and that’s not an option.'

5/ That's seen as particularly rich after the UK turned down the EU's offer for a much closer relationship in pursuit of a 'Canada-style' one. Recent complaints perpetuate concerns the UK still hasn't really come to terms with the sovereignty/access trade-off.
UK
Martin Jacques
Martin Jacques
@martjacques
1/8 Britain is in almost complete lockdown. Nine months since the first. Europe is closing its borders to the British. Across Europe the pandemic is worsening. The US has over 300,000 dead. Far from getting better, the situation in the West is getting worse. The West has failed.

2/8 At what point will the West wake up to the fact this is an historic crisis of Western government, society and culture? Without a vaccine, the West has shown that it cannot deal with the virus. It has been forced to admit defeat and live with it. And it is losing the battle.

3/8 The West likes to think it is cosmopolitan. Wrong. It is increasingly provincial in its mentality. East Asian societies have conquered Covid-19. We barely even acknowledge the fact. We desperately try to ignore that China has succeeded where we have catastrophically failed.

4/8 If the West was cosmopolitan it would seek to learn from East Asia, ask why it is successful. Yet the worse things get, the less curious the West has become about East Asia. This is the story of the West as a failing, self-absorbed, inward-looking culture and civilization.

5/8 The success of East Asia, with China at its heart, has many explanations including: 1. Competent and strategic government; 2. Great respect amongst the people for government and authority; 3. A deep commitment to society and social bonds rather than selfish individualism.
UK
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Jason J Hunter (Not a noble Lord)
Jason J Hunter (Not a ...
@JJHTweets
BREAKING NEWS Thread: 1/6

From a very reliable source in the 'Tunnel... there will be a UK-EU trade deal agreed next week. I quote:

"Britain has CAVED. Unless someone in Westminster does something really stupid between now and then a deal will be signed."

2/6 this will give the UK access to the Single Market, tariff and quota free BUT with specific sanctions to be put on the UK if we lower standards or move away from the Level Playing Field on state aid etc. This means that

3/6 the UK becomes a rule taker inasmuch as when the EU implement new regulations or standards, the UK MUST also implement those new rules too but without being in the room or being able to vote on drafting the new regulations.

4/6 importantly this agreement does NOT keep the UK in the Customs Union meaning that the worst case scenario of thousands of stranded trucks in Kent is still on the table as are the 30 million customs declarations required between GB and Northern Ireland, not to mention the

5/6 hundreds of millions of new customs declarations required to ship from GB to EU customers.

Also: FISH. The UK will allow EU boats to continue to fish in UK waters, yes French ones too but the UKs quota will be gradually increased by agreement.

Based on history though,
UK
Adam Wagner
Adam Wagner
@AdamWagner1
A short thread on why I am dubious that the government can lawfully impose charges on travellers entering the UK for quarantine and testing (proposed at £1,750 and £210)

1/

The UK has signed up to the International Health Regulations (IHA) 2005. These therefore create binding international legal obligations on the UK.

The IHA explicitly prevent charging for travellers' quarantine or medical examinations.

https://t.co/n4oWE8x5Vg /2


International law is not actionable in a UK court unless it has been implemented in law.

But it can be used as an aide to interpretation where a statute isn't clear as to what powers it grants.

See e.g. Lord Bingham in A v SSHD https://t.co/RXmib1qGYD

/3


The Quarantine regulations will, I assume, be made under section 45B of the Public Health (Control of Disease) Act 1984

https://t.co/54L4lHGMEr

/4


That gives pretty broad powers but I can't see any power to charge for quarantine. Perhaps it will be inferred from somewhere else in Part 2A?

But...
UK
Adam Wagner
Adam Wagner
@AdamWagner1
🚨The new lockdown regulations are here: coming into force on Thursday

The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020

Analysis below as I read them (thread)

https://t.co/adPk9PsE0j

32 pages, 13,891 words...


As expected, "No person may leave or be outside of the place where they are living without reasonable excuse" - back to the language of the Mar 2020 regulations

Again, there is a *non-exhaustive* list (because: "include") of reasonable excuses, now referred to as "exceptions"


What are the exceptions? There are many. There are 13 listed, but a number have sub-categories of exception, particularly Exception 1 (leaving home necessary for certain purposes). Here they are, except I can't fit them into four screen grabs!


Here's number 5


You might notice that these are many more than in the first lockdown [screen shot from first lockdown regs below] - though some have made a reappearance. Basically this is a more detailed and complex set of reasons for people to not stay at home.
UK

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Sam
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This day was inevitable. Indian Muslims always lived in La La Land. They bad mouthed real well wishers & slept with the enemy who never considered them as part of them. In Gulf, Indian Muslims were busy with Javed Akhtar & Sonu Nigam. Never interacted with South Asian diaspora

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I think a plausible explanation is that whatever Corbyn says or does, his critics will denounce - no matter how much hypocrisy it necessitates.


Corbyn opposes the exploitation of foreign sweatshop-workers - Labour MPs complain he's like Nigel

He speaks up in defence of migrants - Labour MPs whinge that he's not listening to the public's very real concerns about immigration:

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प्रथम भाव -
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