Brexit. The government presented a draft law on the internal market
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Brexit. The government presented a draft law on the internal market

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The UK government presented to the House of Commons a draft law on the UK internal market, which the authorities said will ensure its integrity after the Brexit transition period. Earlier, the President of the European Commission, Ursula von der Leyen, wrote that she was very concerned about the British government’s statements about its intention to breach the agreement on the UK’s withdrawal from the EU.

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The draft is highly controversial because – as its critics say – the act will in practice invalidate the provisions of the protocol on Northern Ireland, which is part of the agreement on the withdrawal of Great Britain from the European Union, concluded last October. Under this agreement, Northern Ireland is to remain part of the EU’s single market for trade in goods to avoid a return to a hard border with the Republic of Ireland, which could jeopardize the peace process in the British province.

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Government: The law is necessary to prevent harmful tariffs

The London government explains that the law is needed to prevent “harmful” tariffs on goods moving from the rest of the UK to Northern Ireland in the event that the UK’s FTA negotiations with the EU fail.

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It specifies how the competences that have so far been in the hands of Brussels will be distributed between the House of Commons and the autonomous governments of Scotland, Wales and Northern Ireland. Under this legislation, Scotland, Wales and Northern Ireland will have powers in areas such as air quality and energy performance in buildings, which are currently regulated at EU level.

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A new body will also be set up – the Internal Market Authority – to ensure that standards adopted in different parts of the UK do not weaken cross-border trade. The new body will be able to issue non-binding recommendations to the British Parliament and decentralized administrations in the event of conflicts.

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A key element, however, is empowering ministers to define rules on state aid, as well as whether it is necessary to control goods moving between Northern Ireland and the rest of UK territory.

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Protest by EU supporters in front of the Parliament building in London ANDY RAIN/PAP/EPA

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Criticism of the delegation of additional powers to ministers

Plans to give ministers additional powers to ensure the application of customs and trade rules in Northern Ireland have been criticized by the EU, opposition in the House of Commons and even some MPs from the ruling Conservative Party for violating UK legal obligations under the exit agreement .

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The draft law states: “certain provisions are to be effective irrespective of inconsistencies or inconsistencies with international or other national law.” It added that any parts of the exit agreement that are contrary to the new law “cease to be recognized and valid in national law, and are no longer enforced, allowed and complied with”.

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The UK formally left the EU structures on January 31, 2020Reuters Archive

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Prime Minister Boris Johnson referred to the matter during the weekly session of parliamentary questions. – My task is to maintain the integrity of the United Kingdom, but also to protect the peace process in Northern Ireland and the Good Friday Agreement. To this end, we need a legal safeguard to protect our country from extreme or irrational interpretations of the protocol that could lead to the creation of a border in the Irish Sea, in a way that I believe would be detrimental to the interests of the Good Friday Agreement and to peace in our country. And that must be our priority, Johnson said.

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Under the Good Friday Agreement concluded on April 10, 1998, a joint government representing unionist and nationalist parties was formed in Northern Ireland, and although there were still sporadic acts of terrorism, the agreement was a key moment in ending more than 30 years of conflict in the province.

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On Tuesday, Northern Ireland Minister Brandon Lewis admitted in the House of Commons that the law “to a very specific and limited extent” would breach an agreement with the EU.

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“It would break international law and undermine trust.”

The President of the European Commission, Ursula von der Leyen, commented on the matter. “I am very concerned about the British government’s intention to breach the UK’s withdrawal agreement. This would break international law and undermine trust. Pacta sunt servanda – is the basis for a successful future relationship,” she said on Twitter.

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Von der Leyen had previously warned that without the provisions of the UK’s exit agreement regarding the border between Ireland and Northern Ireland, there would be no future partnership between the 27 and the Islands.

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“The protocol on Ireland and Northern Ireland is essential to safeguard peace and stability in the UK and the integrity of the single market,” von der Leyen said on Twitter.

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Charles Michel, President of the European Council, also spoke on the Brexit agreement. “The UK’s exit agreement has been concluded and ratified by both parties and must be fully applied. Breaking international law is unacceptable and does not build the trust we need to build our future relationship,” he wrote on Twitter.

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Maintain the peace agreement

The border guarantee is a key part of the legally binding Brexit deal signed last year by the UK and the EU. Its cancellation could potentially jeopardize the entire treaty and create friction in Northern Ireland, the Reuters news agency said. Arrangements to avoid a hard border with Ireland are designed not only to preserve the integrity of the single market but also to maintain the peace agreement.

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The UK left the EU on January 31. During the transitional period until the end of 2020, the parties are trying to negotiate an agreement on future relationships. The next round of negotiations is taking place this week in London.

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photo-source">Main photo source: PAP/EPA/ANDY RAIN

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