A Christmas Carol. My Brexit “take” on a popular seasonal tale. Happy Christmas everyone @mrjamesob @campbellclaret @chrisgreybrexit @rafaelbehr

1/ Lots of good analysis out there on why the EU-China CAI is a bad decision in the context of Xinjiang, transatlantic partnerships, etc. But I also think that even the trade/econ benefits of the CAI look quite limited. Thread:

2/ It highlights, as a win, that China’s preservation of existing liberalizations. That’s positive, but not really a big problem; the bigger issue is stagnation, where reform pledges have failed to materialize after years/decades of promises. Great example is in the FDI openings,

3/ which are highlighted to include cloud, auto, fin services etc—all areas of EU/MNC interest. Thing is, these openings aren’t new. China has begun opening auto/finance since 2018/19, while the 50% cap on cloud services has remained unchanged since 2015 (or before if we consider

4/ WTO ascension commitments vs the 2015 Telecom Catalogue, but that’s for another day). So these are existing openings that are repackaged as “wins.” More critical issue beyond FDI caps is around licensing issuance, which still big problem. Arguably some more significance in

5/ R&D and health? Not an expert, but the FDI conditions (eg hospitals only in certain cities) are limiting, while R&D could be complicated by data/info controls. It’s also unclear how existing tech transfer prohibitions exceed existing protections in the foreign investment law,

I am in the market for positive, optimistic articles about Brexit - it may not be how I’m feeling but I’m sure I’ve missed things + want to avoid confirmation bias so I’m opening my mind, + this seemed like a good place to

Elliott argues that ‘the UK has deep, structural economic problems’ - true, but correlation is not causation: we look in vain for an argument that these problems are caused by EU membership and/or that membership is preventing them being tackled

The argument would be stronger if Elliott could show that other countries in the EU faced similar structural problems, but he doesn’t + I don’t think he could - the EU manages to incorporate a wide range of economic models, + regional inequalities vary hugely between EU countries

He does not attempt to acknowledge + explain the boom in inward investment in UK manufacturing in the last few decades, one of the few economic positives for ‘left behind areas’, though that may have been hard without referring to single market membership + European supply chains

‘Brexit means that those farmers who want their fruit harvested will now have to...pay higher wages or invest in new machinery.’ Maybe they will (but I’m not convinced) but this would have unintended consequences eg higher prices for healthy food

Over the past 15 days I have not only been running my company as normal but I have been faced with largest threat to its future since it began in 1992. This is #Brexit & here is my thread on just how bad things are getting. 1/26

Six months ago my business started to prepare for Brexit. We obtained the following licences and accreditations JUST to maintain the status quo. EORI number, RORO badge for Chief, GBRC number, GBWK number, we already had ARWS and DAN accounts. 2/26

All of this took nearly five months a lot of form filling but on the 9th December this was all in place. So I would say whilst we knew Brexit would be a car crash we did not know it was going to be a multiple pile up in the fog with fatalities. 3/26

On January 4th I returned to work being wise enough to have stockpiled just enough so that if we had a bumpy ride in January we would have enough stock to last until February. 4/26

I should add this took a considerable amount of cash flow and management to do this during a lockdown/ pandemic combined with Xmas sales. But we managed. 5/26

As the transition period ends, the #BrexitDeal applies from tomorrow. But there's also a parallel significant legal change - most of the rest of the withdrawal agreement starts to apply. A thread on the legal issues in the rest of that agreement.

The citizens' rights provisions of the withdrawal agreement (on EU citizens who moved to the UK, and UK citizens who moved to the EU, before the end of the transition period) start to apply.

Annotation and detailed analysis of those provisions here:

After today, UK citizens newly moving to the EU, or EU citizens newly moving to the UK, are in principle governed by national law (partly harmonised by the EU, on the EU side).

However, the #BrexitDeal contains some provisions on visas for service providers.

The #BrexitDeal also refers to the matching unilateral decisions of the EU and UK to waive a visa requirement for short tourist visits. Analysis of the EU law on that issue here:

UK citizens resident in the EU on the basis of the withdrawal agreement (or who move to EU in future) should be covered by the EU law on long-term resident non-EU citizens, which provides for a limited form of mobility between Member States. Analysis here: