Friday , February 26 2021

Irish department in Brexit draft contract withdrawal agreement



The UK Prime Minister, Theresa May's Cabinet, has agreed to work on the Brexit draft agreement that was reached with the EU negotiators in Brussels this week.

Ms. Maya told Downing Street reporters that she and her minister had a lengthy, detailed, and enthusiastic debate on the draft contract for withdrawal, and that she believed it was "the best that could be discussed."

After the May announcement, the EU issued a full draft contract. Here we publish pages 302 to 327 for the segment that applies to Northern Ireland.

PROTOCOL ON IRELAND / NORTHERN IRELAND

Union and United Kingdom

TAKING INTO ACCOUNT the historical links and long-term nature of the bilateral relations between Ireland and the United Kingdom,

RECALLING that the withdrawal of the United Kingdom from the European Union poses a significant and unique challenge to the island of Ireland and reaffirming that the achievements, benefits and commitments of the peace process will continue to be crucial for peace, stability and reconciliation;

RECOGNIZING the need to address the specific circumstances of the island of Ireland through a unique solution to ensure that the United Kingdom withdraws from the Union,

RECALLING that the purpose of the withdrawal agreement, based on Article 50 EU, is not to establish a permanent future relationship between the Union and the United Kingdom,

RECALLING that the intention of the Union and the United Kingdom to replace the Northern Ireland Basis Pressure Agreement with a later agreement establishing alternative measures to ensure that there is no solid border on the Irish island;

TAKING INTO ACCOUNT the Union and the United Kingdom common goal of achieving a close future relationship leading to the establishment of ambitious customs regimes based on the single customs territory of this Protocol, in full respect of their respective legal procedures,

CONFIRMING that the Government of the United Kingdom, the Government of Ireland and the other parties to the Multilateral Agreement ("1998 Agreement"), annexed to the Great Fatherland Convention of the United Kingdom of Great Britain and Ireland and to the Agreement of 10 April 1998 between Belfast, Vienna, Vienna, on the one hand, ("the United Kingdom-Ireland Agreement" "), including agreements and arrangements for its further implementation, should be protected in all its parts,

RECOGNIZING that cooperation between Northern Ireland and Ireland is an integral part of the 1998 Agreement and is essential for achieving the amalgamation and normalization of relations on the island of Ireland as well as the withdrawal of the roles, functions and safeguards of the Northern Ireland, Northern Ireland and Sweden by the Assembly and the North and South The Council of Ministers (including the rules on mutual cooperation), as set out in the 1998 Agreement,

NOTING that Union law has provided the basis for the provisions of the 1998 Agreement on rights, guarantees and equal opportunities,

RECOGNIZING that Irish citizens in Northern Ireland will continue to enjoy, enjoy and access rights, opportunities and benefits on the basis of their Union citizenship and that this Protocol must respect and not affect the rights, opportunities and identities of Union citizenship for the people of Northern Ireland who choose to defend their rights the right to Irish nationality as defined in Annex 2 to the "United Kingdom-Ireland Agreement" Declaration on the Provisions of Article 1 (vi) on Citizenship ";

RECALLING the United Kingdom's commitment to the protection of North-South cooperation and to ensure the avoidance of a solid border, including any physical infrastructure or related inspections and controls, and bearing in mind that all future measures must comply with these comprehensive requirements,

NOTING that nothing in this Protocol shall prevent the United Kingdom from ensuring unrestricted access to the market for goods moving from Northern Ireland to the rest of the United Kingdom's internal market,

EMPHASIZING the common objective of the parties to avoid control of Northern Ireland's ports and airports, as far as possible, in accordance with applicable law and, taking into account their respective regulatory regimes, and their implementation,

RECALLING that the Joint Report of the European Union negotiators and the Government of the United Kingdom on progress in the first phase of negotiations, in accordance with Article 50 TEU, on the legal withdrawal of the United Kingdom from the European Union on 8 December 2017 refers to three different scenarios, the South cooperation and the avoidance of rigid borders, but this protocol is based on the third scenario, which requires full alignment with the Union's internal market rules and the customs union, which now or in the future supports North-South cooperation, the economies of all countries and the protection of the 1998 agreement, when an alternative solution to another scenario is reached;

NOTING that, in accordance with Article 132 of the Agreement, the transitional period may be extended by mutual agreement

RECALLING that both sides have taken mapping measures that show that North-South cooperation is to a large extent based on a common legal and political framework in the European Union,

NOTING that, consequently, the departure of the United Kingdom from the European Union poses serious difficulties for the maintenance and development of North-South cooperation,

RECALLING that the United Kingdom remains committed to protecting and supporting future North-South and East-West cooperation covering the entire political, economic, security, social and agricultural context and the framework for cooperation, including the continuation of the implementation of the North Sea by the Institutions

RECOGNIZING the need to implement this Protocol in order to maintain the necessary conditions for the continuation of cooperation between the North and the South, including with regard to possible new measures under the 1998 Agreement,

RECALLING the Union and the United Kingdom's commitment to the North-South PEACE and INTERREG funding programs under the current multiannual financial framework and the maintenance of the current funding ratio for the future program,

ACKNOWLEDGING the United Kingdom's commitment to facilitate the efficient and timely transit of goods through its territory from Ireland to another Member State or another third country, or vice versa,

NOTING that, for the application of this Protocol, the daily life of both the Irish and Northern Ireland communities must be affected as little as possible,

NOTING that Ireland's rights and obligations under the rules of the Union's internal market and customs union must be fully respected,

HAVE AGREED UPON the following provisions, which are annexed to the Agreement for the withdrawal of the United Kingdom of Great Britain and Northern Ireland by the European Union and the European Atomic Energy Community ("the Agreement on withdrawal"):

ARTICLE 1

Objectives and relations with the future agreement

1. This Protocol shall be without prejudice to the provisions of the 1998 Agreement concerning the constitutional status of Northern Ireland and the principle of consent, which states that any change in this status may be made only with the consent of the majority of its inhabitants.

2. This Protocol shall respect the United Kingdom's essential national functions and territorial integrity.

3. This Protocol sets out the measures necessary to prevent the unique conditions on the island of Ireland, maintain the necessary conditions for the continuation of cooperation between the North and the South, remove the strict boundary and protect the 1998 Agreement in all its aspects.

4. The purpose of the withdrawal agreement is not to establish a permanent relationship between the Union and the United Kingdom. Therefore, the provisions of this Protocol apply only temporarily, taking into account the obligations of the Parties as set out in Article 2 (1). The provisions of this Protocol shall apply unless and until they are wholly or partly replaced by the subsequent agreement.

ARTICLE 2

Future agreement

1. The Union and the United Kingdom shall use their best endeavors to conclude an agreement replacing, in whole or in part, this Protocol by 31 December 2020.

2. Any subsequent agreement between the Union and the United Kingdom shall indicate the parts of this Protocol which it replaces. After the entry into force of the subsequent Agreement between the Union and the United Kingdom after the entry into force of the Agreement, from the date of application of this Supplementary Agreement, and in accordance with the provisions of that Agreement, which set out the effects of this Protocol, shall not apply or cease to apply, in whole or in part, independently from Article 20.

ARTICLE 3

Extension of the transitional period

The United Kingdom may, at any time by 1 July 2020, request an extension of the transitional period referred to in Article 126 of the Agreement on withdrawal, . If the United Kingdom makes such a request, the transitional period may be extended in accordance with Article 132 of the Withdrawal Agreement.

ARTICLE 4

Private rights

1. The United Kingdom shall ensure that in the part of the 1998 Agreement based on the rights, guarantees and equal opportunities there is no reduction of the rights, guarantees and equal opportunities resulting from its withdrawal from the European Union, including in the area of ​​defense referred to in Article 1 of this Protocol. in the Union legislation listed in the Annex and implements this point through special mechanisms.

2. The United Kingdom continues to promote the work of the institutions and bodies set up under the 1998 Agreement, including the Northern Ireland Human Rights Commission, the Northern Ireland Equality Commission and the Joint Committee of representatives of the Human Rights Commissions in Northern Ireland and Ireland, in support of human rights and equality standards.

ARTICLE 5

Common Travel Zone

1. The United Kingdom and Ireland may continue to mutually agree on the movement of persons between their territories ('common travel area'), while fully respecting the rights of natural persons granted by Union law.

2. The United Kingdom shall ensure that the common travel area and related rights and privileges may continue to apply without prejudice to Ireland's obligations under Union law, in particular as regards the free movement of Union citizens and their family members, regardless of their place of residence , from and from Ireland.

ARTICLE 6

Single customs territory, movement of goods

1. A common customs territory between the Union and the United Kingdom (the "single customs territory") shall be established pending the application of future relations. Accordingly, Northern Ireland is located in the same customs territory as the United Kingdom.


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