BREXIT BRIEF - The Institute of International and European ...

Page created by Roy Moreno
 
CONTINUE READING
BREXIT
BRIEF
Brexit Brief Issue 102
22 January 2021

                                                                                       Tony Brown

 Introduction
 The Brief seeks to provide up-to-date information on the progress and content of the UK-EU
 negotiations, and bring together relevant statements and policy positions from key players in
 Ireland, the UK and the EU.

 The Brief is part of a wider communications programme covering the work of the IIEA’s UK
 Project Group – including commentaries, speeches, texts and event reports – which are
 highlighted on the Institute’s website. (www.iiea.com)

 Section One: State of Play                      The coming into force of the Agreement and
                                                 the practical application of its provisions
 Provisional Application of Agreement            on trade and other matters have led to im-
 The Trade and Cooperation Agreement en-         mediate, problematic situations for major
 tered into provisional application on 1 Janu-   supermarket groups, small traders, freight
 ary 2021 pending final ratification after the   hauliers, financial services, musicians and
 European Parliament gives its consent and       performers, ferry passengers and many
 all procedures necessary for the entry into     others. The early days of the new dispen-
 force have been completed.                      sation have seen evidence of difficulties and
                                                 controversies which will take time and pa-
 The Council, on 28 December 2020, adopt-        tient effort to resolve.
 ed a Decision permitting the formal signa-
 ture of the Agreement and providing for
                                                 European Parliament
 provisional application. The Council stated     On 28 December 2020 the leaders of the
 that it would exercise its Treaty powers to     political groups in the European Parliament
 conduct the scrutiny and complete the con-      accepted the decision to proceed with pro-
 clusion process of the Agreement “as dili-      visional application of the Trade and Coop-
 gently and smoothly as possible.”               eration Agreement and to commence work
                                                 on parliamentary ratification, allowing for

                                                                BREXIT BRIEF 201 | JAN 2021
BREXIT
BRIEF

formal decisions during the plenary ses-          On 14 January 2021, members of the For-
sion in March 2021. They underlined that          eign Affairs and International Trade Com-
Parliamentary cooperation is a key part of        mittees held a first joint meeting on the
the treaty between the EU and the UK and          Agreement, advancing the parliamentary
that the European Parliament will seek to         scrutiny process. The MEPs welcomed the
establish contact with the UK Parliament to       agreement as a good solution, although
achieve effective cooperation.                    recognising it as ‘thin’. A no-deal outcome
                                                  would have brought a disaster for citizens
The Parliament’s International Trade Com-
                                                  and companies on both sides. They insisted
mittee met on 11 January 2021. The MEPs
                                                  that parliamentary scrutiny of the deal must
welcomed that the agreement had avoid-
                                                  go beyond mere ratification, insisting on
ed the cliff edge of a no-deal, which would
                                                  thorough access to information and a clear
have brought with it disaster for citizens and
                                                  role for Parliament in the implementation
companies. There was general agreement
                                                  and future monitoring of the agreement.
that the outcome was “more satisfactory”
                                                  Furthermore, MEPs highlighted the impor-
than expected, with co-rapporteur Christo-
                                                  tance of developing close dialogue between
phe Hansen (EPP) stressing that “this was
                                                  the European Parliament and Westminster
first time we were organising a divorce not
                                                  on future EU-UK relations.
a wedding as we usually do for trade agree-
ment”. Other MEPs welcomed the inclusion          The Committees expressed regret that many
of standards in environmental protection,         aspects, including the Erasmus programme,
climate change and the labour area that           foreign policy, security and defence coop-
cannot be undercut, the prohibition of data       eration, were not included in the negotiations
localisation and the first sustainability chap-   on the future partnership. Some expressed
ter in EU trade deals that offers sanctions.      concern about the future for environmental
                                                  standards, as the new UK emissions trading
While welcoming the “divergence not con-
                                                  system has only been in place since 1 Janu-
vergence” free trade agreement for guar-
                                                  ary without clarity on how to link it up with
anteeing tariff-free access to the UK market
                                                  the EU system.
while protecting the Single Market, MEPs re-
gretted that Parliament did not have time to      The two committees will in due course vote
consider its consent before the agreement         on a formal Consent Proposal drafted by
went into provisional application. “This was      their rapporteurs as the basis for a plenary
a strategy by the UK to get last-minute           vote before the end of the provisional ap-
concessions, and not to have their parlia-        plication of the agreement. In addition to
ment to have a proper say. We would have          the plenary vote, Parliament will also vote
preferred a proper ratification”. There was       on an accompanying resolution prepared by
agreement that democratic institutions such       the political groups in the UK Coordination
as the Parliament must have a key role in         Group and the Conference of Presidents,
the implementation and monitoring of the          which brings together the President of the
agreement. The Committee emphasized the           European Parliament and the political group
future role of an inter-parliamentary body        chairmen and has responsibility for rela-
in maintaining essential dialogue, and high-      tions with other EU institutions, the national
lighted the role of trade unions and NGOs         parliaments and non-EU countries.
in arbitration of fair competition violations.

                                                                 BREXIT BRIEF 201 | JAN 2021
BREXIT
BRIEF

Teething Problems                                Particular concerns relate to the future
                                                 prospects and direction of the UK’s Financial
RTE European Editor, Tony Connelly, writes       Services sector. The first day of post-Brex-
that “Two weeks into Brexit, problems are        it trading saw London lose €6 billion in eu-
mounting and recriminations are flying in all    ro-denominated daily trading to Amsterdam
directions. The reality of Brexit is proving     and Paris and UK banks have been moving
every bit as toxic as the four-and-a-half-       billions of pounds of assets from Britain as
year slog that got us to this point. There is    Brexit ends EU ‘passporting rights for UK in-
a hue and cry across the spectrum of British     stitutions.’
food producers, manufacturers and retail-
ers who trade with the EU over bewildering       Talks are continuing on finding agreement
new customs and food safety rules. Even          with the EU on a Memorandum of Under-
more confusing are ‘rules of origin’ in other    standing on Financial Services since the De-
words, the extent to which a product can         cember Trade and Cooperation Agreement
avail of tariff free trade if parts of it come   does not contain substantial coverage of
from somewhere else.”                            this highly significant sector. The EU’s plans
                                                 for a Capital Markets Union aim at reducing
The daily headlines since 1 January reflect      dependence on London and other financial
Tony Connelly’s “hue and cry”:                   hubs but there is recognition of the signifi-
       “Baffling Brexit rules threaten export    cance of London’s longstanding place in the
       chaos, Gove is warned.” – The Guard-      global financial system. High level efforts
                                                 are underway to establish effective regula-
       ian
                                                 tory cooperation and Michel Barnier, with his
       “UK businesses wake up to hard truths     personal recall of the negative impact of the
       on tariffs.” - Politico                   2008 crisis, has stressed the importance of
                                                 ensuring financial stability in key markets.
       “Brexit red tape prompts rethink on
       cross-Channel trade.” – The Financial     The Commission President, Ursula von der
       times                                     Leyen, at a lunch for EU ambassadors, re-
                                                 ferred to the many complaints from UK
Business trade and manufacturing organisa-       businesses, saying that “the EU will have to
tions have held emergency discussions with       remain calm and the UK will have to adapt.
Ministers to sort out the post-Brexit chang-     The UK has chosen to put itself in this posi-
es which are seen to threaten much of the        tion because it dropped out of the customs
UK’s export trade to the EU. Prime Minister      union and single market.” And, the EU Chief
Boris Johnson had hailed a deal that would       Negotiator, Michel Barnier, has remarked,
allow free and simple access to the single       in respect of the new frictions affecting
market. As the reality in the opening days       cross-channel trade that some things have
of 2021 suggests that exit from the EU is        “changed for good” as a result of UK policy
anything but pain-free, he speaks of “teeth-     choices and there are “mechanical, obvious,
ing problems.” Many UK firms see the main        inevitable, consequences when you leave
threat coming from the range of ‘non-tariff      the single market and that’s what the Brit-
barriers’ confronting them as a result of the    ish wished to do.”
UK becoming a ‘third county’ outside the EU
regulatory system.

                                                                BREXIT BRIEF 201 | JAN 2021
BREXIT
BRIEF

Irish Concerns                                         been agreed to an amount of €100 million.

In a letter to the Taoiseach Micheál Mar-              The difficulties associated with the UK land-
tin, the Irish Freight Transport Association           bridge are leading to a dramatic rise in di-
(FTAI) has warned of huge disruption in the            rect ferry transportation between Ireland
weeks immediately ahead as the details of              and Europe. Rosslare Europort recorded a
the Brexit deal impact fully on trade be-              sixfold increase in freight on direct routes
tween Ireland, the UK and Europe after the             to and from France and Spain in the second
Christmas/New Year period.                             week of January. There was a 50 per cent
                                                       decline in freight volumes between Ross-
The letter warned of disappearing supply               lare and Fishguard in Wales with businesses
chains, empty supermarket shelves and ris-             seeking to avoid post-Brexit regulatory con-
ing unemployment and called for a six-month ad-        trols at the EU-UK border which have de-
justment period. It also described a growing backlog   layed supplies and cancelled ferry sailings.
of goods –from car parts to electrical goods,          Europort has reported a “phenomenal re-
furniture, clothing and food supplies – all            sponse to the new direct services between
held up in depots because of a shortage                Ireland and continental Europe.”
of customs agents to process declarations
correctly and speedily. Hauliers, wholesal-            Northern Ireland Protocol
ers and retailers are struggling with the new          The DUP in Westminster have called for the
complexities of importing goods across the             UK to effectively disapply the Northern Ire-
land bridge or direct from the UK, according           land Protocol because of the significant dis-
to FTAI general manger Aidan Flynn.                    ruption of trade movements between Brit-
The Revenue Commissioners have moved                   ain and Northern Ireland. In the Commons,
to temporarily ease some customs arrange-              both Ian Paisley Jnr and Sir Jeffrey Donald-
ments for goods destined for Ireland. Emer-            son have raised the possibility of invoking
gency codes have been issued to businesses             Article 16 of the Protocol.
to cover identification numbers required in            Northern Ireland businesses have highlight-
respect of safety and security declarations.           ed an increasing list of problems including
It is forecast that there will be a twelve-            instances of food consignments being pre-
fold increase in customs declarations on               vented from moving to Northern Ireland
Irish-British trade to 20 million a year.              because of difficulties with paperwork. In-
The Government is discussing plans to pro-             stances raised with the Commons Northern
vide exceptional assistance to beef farm-              Ireland Committee included British suppli-
ers for disruption caused by Brexit related            ers choosing not to ship food products to
non-tariff barriers. The barriers are likely           Northern Ireland retailers because of the
to result in lower farm gate prices for beef           complexity of regulations. Two ‘grace peri-
and, hence, lower farm incomes. Supports               ods’ introduced by the UK Government have
may be provided for rural development, lo-             not dealt fully with the impact of the Proto-
cal food supply chains and direct support              col system.
for tillage and horticulture. A capital invest-        The Northern Ireland Minister for Agricul-
ment scheme for modernisation and diver-               ture, Edwin Poots, has insisted that the
sification of the agri-food sector has already

                                                                      BREXIT BRIEF 201 | JAN 2021
BREXIT
BRIEF

supply difficulties were directly caused by     ary Benn, Chairman of the Committee on
the application of the Protocol. “That is an    Future Relations with the European Union:
outrageous situation that we in Northern        “Let’s take the three-month grace period
Ireland have been put in as a result of the     that ends at the end of March, during which
Protocol negotiated by the UK Government        the supermarkets do not have to provide
and the European Union.”                        export health certificates for all the food
                                                and agrifood products they are transport-
In the House of Commons on 6 January, Sir
                                                ing into Northern Ireland. They are warning
Jeffrey Donaldson raised the issue of Article
                                                about what happens if that is not extended.
16 at Prime Minister’s Questions:
                                                Now, you can give us a simple reassurance
“The Prime Minister promised us that North-     if that is possible today. Can you guaran-
ern Ireland would continue to have unfet-       tee to both supermarkets and shoppers in
tered access to the UK internal market, yet     Northern Ireland that the grace period will
consumers in my constituency are facing         be extended after the end of March?”
empty supermarket shelves and cannot get
                                                The Prime Minister: replied; “What I can
parcels delivered from Great Britain, small
                                                certainly guarantee is that if there are se-
businesses cannot bring spare parts and
                                                rious problems in victualling or supplying
raw materials into Northern Ireland from
                                                supermarkets in Northern Ireland because
Great Britain, steel importers are facing
                                                of some piece of bureaucracy that is mis-
tariffs and we have many other problems,
                                                applied, then we will simply exercise article
all caused by the Northern Ireland proto-
                                                16 of the protocol, because it is absurd that
col. What I and the people of Northern Ire-
                                                there should be such difficulties. We will
land need to know from the Prime Minister,
                                                make sure that supplies continue. It goes
as leader of the United Kingdom, is what
                                                without saying that any difficulties that re-
his Government are going to do to address
                                                main will naturally fall away anyway, be-
this, and whether he will consider invoking
                                                cause the people of Northern Ireland have
article 16 of the Northern Ireland protocol
                                                to vote to retain the protocol in four years’
to resolve these issues. The trader support
                                                time.”
service is welcome, but it alone is not the
solution. We need direct Government inter-      British Government spokespersons have
vention to deal with this now.”                 indicated that any move to invoke Article
                                                16 would create difficulties in North-South
Boris Johnson replied that “I can tell him
                                                trade on the island and that it was felt that
that, at the moment, goods are flowing ef-
                                                there was no need for “needless panic and
fectively and in normal volumes between
                                                uncertainty among consumers.”
Great Britain and Northern Ireland. So far,
no lorries have been turned back. Yes, of       The DUP position has been strongly criti-
course there are teething problems, but I       cised by the other parties in the Northern
can confirm that if there are problems that     Ireland Assembly. The Alliance Party has
we believe are disproportionate, we will        argued that people should beware of those
have no hesitation in invoking article 16.”     “offering populist simplistic solutions” and
                                                that “the only route is for the UK and EU to
In a House of Commons Committee, the
                                                find solutions together.”
Northern Ireland issue was raised by Hil-

                                                               BREXIT BRIEF 201 | JAN 2021
BREXIT
BRIEF

Arguments for the UK Government disap-             The Agreement establishes a Partnership
plying the Protocol have been rejected by          Council, comprised of representatives of
some Norther Ireland business leaders who          the Union and of the United Kingdom at
argue that the Protocol gives Northern Ire-        ministerial level, co-chaired by a senior EU
land advantages in trading freely with the         Commissioner and a British Minister, to su-
EU. “You can’t simply walk away from this          pervise and facilitate the attainment of the
and think something else will be better.”          objectives of this Agreement and any sup-
                                                   plementing agreement. Either side will have
Article 16 of the Protocol on Safeguards
                                                   the right to refer to the Partnership Council
provides that:
                                                   any issue relating to the implementation,
       If the application of this Protocol leads   application and interpretation of this Agree-
       to serious economic, societal or envi-      ment or of any supplementing agreement.
       ronmental difficulties that are liable to   The Partnership Council, will meet at least
       persist, or to diversion of trade, the      once a year but can meet any time either
       Union or the United Kingdom may uni-        side requests it, will have its own secretari-
                                                   at staffed by officials from each side.
       laterally take appropriate safeguard
       measures. Such safeguard measures           The Council will be assisted in the perfor-
       shall be restricted with regard to their    mance of its tasks by a Trade Partnership
       scope and duration to what is strictly      Committee, in turn assisted by as many as
       necessary in order to remedy the sit-       eighteen specialised sectoral committees
       uation. Priority shall be given to such     and four working groups dealing with differ-
       measures as will least disturb the          ent aspects of the agreement.
       functioning of this Protocol.
                                                   The Agreement enables the European Par-
       If a safeguard measure taken by the         liament and Westminster to set up a Parlia-
       Union or the United Kingdom, as the         mentary Partnership Assembly of MEPs and
       case may be, in accordance with para-       MPs “as a forum to exchange views on the
       graph 1 creates an imbalance between        partnership”. And it envisages the creation
       the rights and obligations under this       of a Civil Society Forum involving unions,
       Protocol, the Union or the United King-     business groups and NGOs from both sides.
       dom, as the case may be, may take           Future Relationship with UK
       such proportionate rebalancing mea-
       sures as are strictly necessary to rem-     Following the finalisation of the Trade and
       edy the imbalance. Priority shall be        Cooperation Agreement the Taoiseach, Mi-
                                                   cheal Martin, spoke of future relationships
       given to such measures as will least
                                                   between Ireland and the UK:
       disturb the functioning of this Protocol.

Governance of Agreement                                   However, as we now approach the end
                                                          of the Transition Period, I wish the UK
A significant agenda for discussion and de-               well in this new chapter in its history.
cision between the EU and UK relates to                   The UK will always be a close friend
the establishment of the provisions of the                and partner. Our people, our histo-
Agreement for its implementation and gov-                 ries and our economies are deeply
ernance.                                                  entwined. As we move into the next

                                                                  BREXIT BRIEF 201 | JAN 2021
BREXIT
BRIEF

       phase of our relationship, we will work           and a Marine Scotland patrol vessel in
       together to ensure that it remains                recent days. The Irish Government
       deep and strong.                                  has been in contact with the relevant
                                                         Scottish and UK authorities. Through
       Prime Minister Johnson and I are
                                                         this engagement, the Irish Govern-
       agreed on that important goal, and
                                                         ment is seeking to address the issues
       have committed to putting arrange-
                                                         involved, reflecting the longstanding
       ments in place in 2021 to underpin the
                                                         fisheries tradition in the area. Tak-
       next chapter. Agreement on the fu-
                                                         ing account of the new EU-UK Trade
       ture EU-UK relationship will provide an
                                                         and Cooperation Agreement, this may
       important underpinning of those new
                                                         also require contact with the European
       arrangements between us, as neigh-
                                                         Commission.
       bours and friends with a deeply shared
       history.                                          In addressing these issues, the Minis-
                                                         ter for Foreign Affairs and the Minister
The Minister for Foreign Affairs, Simon Co-
                                                         for Agriculture, Food and the Marine,
veney, spoke of his “relief tinged with re-
                                                         as well as their respective officials, are
gret” and said that “Ireland is now focused
                                                         considering all options for further en-
on building a new relationship with the UK
                                                         gagement on the issues involved and
outside of the European Union. Personally, I
                                                         are continuing to work closely togeth-
hope talk of ‘Brexit’ will fade away.”
                                                         er.
Rockall
                                                         While engagement continues, there
On 5 January 2021 a Donegal fishing vessel               remains an increased risk of enforce-
– the Northern Celt - was prevented from                 ment action being taken by Scottish
entering waters around Rockall in the North              fisheries control authorities against
Atlantic by a Marine Scotland patrol boat.               Irish vessels operating in the waters
The Northern Celt was boarded by Scottish                around Rockall at present.
personnel and the skipper was informed that
his vessel can no longer fish within 12 nau-      The Rockall outcrop has been a long running
tical miles of the Rockall outcrop. The Scot-     matter of contention between Ireland and
tish naval patrol of the area commenced on        the UK. The UK claims sovereignty but Ire-
1 January.                                        land refuses to recognise the claim.

The Department of Foreign Affairs was
made aware of the incident and issued a
                                                  Section Two: The Evolving
statement on 8 January:
                                                  Debate
       The Minister for Foreign Affairs and
                                                  Portuguese Presidency of Council
       the Minister for Agriculture, Food and     2021
       the Marine met to discuss recent de-
       velopments in relation to Rockall.         Portugal took over the Presidency of the EU
                                                  Council on 1 January 2021.
       The Ministers are fully aware of inter-
       actions between an Irish fishing vessel,   Portugal has identified the main lines of ac-
                                                  tion for on its Presidency, with three key pri-

                                                                 BREXIT BRIEF 201 | JAN 2021
BREXIT
BRIEF

orities; promoting Europe’s recovery in the      es under consideration are designed to help
context of the twin digital and climate tran-    companies – with savings of up to £1billion
sitions; implementing the Social Pillar of the   – and that there would be full consultation.
EU to ensure a fair and inclusive transition;    In a recent zoom call with 250 leading busi-
and strengthening the EU’s strategic au-         ness figures the Prime Minister has urged
tonomy through ensuring global openness.         industry to get behind plans for future reg-
The Presidency will operate with the under-      ulatory liberalisation after Brexit.
standing that the economic, environmental
                                                 The TUC has responded that “Workers in the
and digital challenges facing the EU are not
                                                 UK are the primary beneficiaries of the very
only interlinked but interdependent.
                                                 positive judgments of the European courts”
This will be the first rotating presidency       and that any attempt to “whittle down and
to deal with the United Kingdom’s defini-        narrow” the interpretation of EU law “is a
tive departure from the EU’s Internal Mar-       concern because it amounts to a diminution
ket and Customs Union. With a provisional        of rights.”
agreement now in place on the future rela-
                                                 Operation Bleach
tionship between the two sides, Portugal’s
Presidency will work to obtain its definitive    The Telegraph has reported that Boris John-
approval and then its implementation, so         son has instructed UK civil servants to strip
that the United Kingdom and the European         references to the European Union from
Union can consolidate a strong partnership,      thousands of laws and regulations, in a plan
in the economic, geopolitical and security       known by some in Whitehall as “Operation
fields.                                          Bleach”. Officials across Whitehall have been
                                                 tasked with leafing through regulations and
UK Workers’ Rights
                                                 statutory instruments drawn up over the
The Financial Times has reported that the        UK’s forty years of EU membership of the
UK Government is considering changes to          EU to ensure that Brexit is fully cemented
worker protections enshrined in EU law -un-      in UK law and cannot be easily unwound
der the Working Time Directive – as part of      by a future Labour government. Ministers
a post-Brexit overhaul of UK labour laws.        are quoted as arguing that it is necessary
“The package of deregulatory measures is         to ensure that the wording or nomenclature
being put together by the UK’s business          of laws and regulations will not lead judges
department with the approval of Downing          to refer back to the rulings of the European
Street, according to people familiar with the    Court of Justice, leading to enforcement of
matter. It has not yet been agreed by min-       EU case law ‘by the back door.’ UK negoti-
isters – or put to the cabinet – but select      ators made every effort to ensure that the
business leaders have been sounded out on        eventual text of the Trade and Cooperation
the plan.”                                       Agreement avoided the use of EU terminol-
                                                 ogy, for example by seeking to replace the
It is suggested that the main focus is on
                                                 term ‘State aid’ with ‘Subsidy System’ as
ending the 48-hour working week, adjust-
                                                 used by the WTO.
ing the rules around rest breaks at work,
changing the rules on overtime pay and re-       Ham Sandwiches
moving the requirement of firms to log de-
                                                 Headlines were generated by video images
tails of daily working hours. It is argued by
                                                 of Dutch customs officers confiscating ham
government spokespersons that any chang-
                                                 sandwiches from drivers and ferry passen-
                                                                BREXIT BRIEF 201 | JAN 2021
BREXIT
BRIEF

gers arriving from the UK under rules ban-      main as under a ‘server hold’, meaning it is
ning personal imports of meat and dairy         “temporarily inactive and under investiga-
products into the EU. The officers explained    tion”.
that this was a direct result of Brexit.
                                                Section Three: Background
The UK Department for Environment, Food         Material and Further Reading
and Rural Affairs (Defra) issued an informa-
tion leaflet telling commercial drivers to EU   European Council EU-UK Trade and Co-
countries that “From 1 January 2021 you         operation Agreement: Council adopts de-
will not be able to bring products of an an-    cision on the signing, 29 December 2020.
imal origin such as those containing meat       https://www.consilium.europa.eu/en/
or dairy (e.g. a ham and cheese sandwich)       press/press-releases/2020/12/29/eu-uk-
into the EU.” The EU Commission states that     trade-and-cooperation-agreement-council-
the ban is required because meat and dairy      adopts-decision-on-the-signing
products can contain pathogens – such           Council of the European Union Council
as foot-and-mouth or swine fever - which        Decision on the signing and on provision-
“continue to present a real threat to animal    al application of the Trade and Cooperation
health throughout the union.”                   Agreement, 28 December 2020. https://
Leave.eu                                        data.consilium.europa.eu/doc/document/
                                                ST-13904-2020-INIT/en/pdf
The aggressive pro-Brexit campaign group
Leave.EU has moved its website regis-           Council of the European Union State-
tration from the UK to Ireland in order to      ment of the Council, 28 December 2020.
maintain its European internet address. It      https://data.consilium.europa.eu/doc/doc-
has announced its registration for internet     ument/ST-14339-2020-INIT/en/pdf
purposes in Waterford using an accommo-
                                                European Commission Proposal for a
dation address. The move follows notifi-
                                                Council Decision on the signing and pro-
cation by EURid which manages the “.eu”
                                                vision application of the Trade and Coop-
web domain name that a British site would
                                                eration Agreement, 25 December 2020.
no longer be compliant with the regulatory
                                                https://ec.europa.eu/transparency/regdoc/
framework but that the suffix could be re-
                                                rep/1/2020/EN/COM-2020-855-F2-EN-
tained by moving to a legal entity in an EU
                                                MAIN-PART-1.PDF
Member State.
                                                European Parliament New EU-UK agree-
The Fine Gael TD Neale Richmond has called
                                                ment is welcome but thorough scrutiny re-
on the online regulator Comreg and the De-
                                                mains, insist lead MEPs, 15 January 2021.
partment of Communications to investigate
                                                https://www.europarl.europa.eu/news/en/
the legitimacy of the Leave.EU move.
                                                press-room/20210111IPR95311
The group’s EU domain name has been
                                                European Parliament Trade MEPs prom-
temporarily suspended, after the Waterford
                                                ise thorough scrutiny of the EU-UK agree-
businessman in whose name the pro-Brexit
                                                ment, 11 January 2021. https://www.
campaign group is registered denied having
                                                europarl.europa.eu/news/en/press-
any involvement with the organisation. Vis-
                                                room/20210111IPR95307
itors to the site receive an error message,
and the EU’s online registry marks the do-      2021 Portugal.eu Programme for the Por-

                                                              BREXIT BRIEF 201 | JAN 2021
BREXIT
BRIEF

tuguese Presidency of the Council of the Eu-                         2021. https://www.cer.eu/insights/eu-uk-
ropean Union, 1 January to 30 June 2021.                             trade-and-co-operation-agreement-plat-
https://www.2021portugal.eu/media/e0r-                               form-which-build
jnvdj/programme-for-the-portuguese-pres-
                                                                     Financial Times Barnier warns post-Brex-
idency-of-the-council-of-the-european-
                                                                     it border friction is the new normal. FT,
union_en.pdf
                                                                     14 January 2021. https://www.ft.com/
Government of Ireland Joint Statement                                content/4788c361-7b72-46e9-b861-
by the Ministers for Foreign Affairs and                             1d29d0662ad2
Agriculture, Food and the Marine on Rock-
                                                                     Irish Times UK will trigger safeguards in
all, 8 January 2021. https://www.dfa.ie/
                                                                     Brexit deal if NI supermarkets suffer-John-
news-and-media/press-releases/press-re-
                                                                     son. IT, 14 January 2021. https://www.irish-
lease-archive/2021/january/joint-state-
                                                                     times.com/business/retail-and-services/
ment-by-the-ministers-for-foreign-affairs-
                                                                     uk-will-trigger-safeguards-in-brexit-deal-if-
and-agriculture
                                                                     ni-supermarkets-suffer-johnson-1.4457548
European Parliament European Parlia-
                                                                     Politico The next Brexit battle: financial
ment to scrutinise deal on future EU-UK
                                                                     services. Politico, 14 January 2021. https://
relations, 28 December 2020. https://
                                                                     www.politico.eu/article/next-brexit-bat-
www.europarl.europa.eu/news/en/
                                                                     tle-financial-services/
press-room/20201228IPR94701/europe-
an-parliament-to-scrutinise-deal-on-fu-                              Financial Times EU share trading flees
ture-eu-uk-relations                                                 London on first day after full Brexit. FT, 5
                                                                     January 2021. https://www.ft.com/content/
Nicola Sturgeon Independence is Scot-
                                                                     a434b756-afe0-454d-9d70-ef2d42ea8d55
land’s only route to rejoining EU. IT, 2 January
2021.https://www.irishtimes.com/opinion/                             Telegraph Britain must not be forced to
nicola-sturgeon-independence-is-scotland-                            take EU rules on finance, warns Bailey.
s-only-route-to-rejoining-eu-1.4448241                               Telegraph, 6 January 2021. https://www.
                                                                     telegraph.co.uk/business/2021/01/06/brit-
The Guardian European parliament begins
                                                                     ain-must-not-forced-take-eu-rules-finance-
scrutiny of post-Brexit trade agreement.
                                                                     warns-bailey/
Guardian, 28 December 2020. https://
w w w. t h e g u a r d i a n . c o m / p o l i t i c s / 2 0 2 0 /   Financial Times City of London stumbles
dec/28/european-parliament-begins-scruti-                            through first week of Brexit. FT, 8 Janu-
ny-of-post-brexit-trade-agreement                                    ary 2021. https://www.ft.com/content/
                                                                     d5c15441-84b4-4827-b7c7-5294475143f0
Telegraph Crunch talks on London’s rela-
tionship with the EU loom. Telegraph, 3 Jan-                         Telegraph EU delays on financial services
uary 2021. https://www.telegraph.co.uk/                              deal may force Britain to diverge. Telegraph,
business/2021/01/03/crunch-talks-lon-                                15 January 2021. https://www.telegraph.
dons-relationship-eu-loom/                                           co.uk/business/2021/01/15/eu-delays-fi-
                                                                     nancial-services-deal-may-force-britain-di-
Centre for European Reform The EU-UK
                                                                     verge/
trade and co-operation agreement: A plat-
form on which to build? CER, 12 January                              Politico UK businesses wake up to hard

                                                                                    BREXIT BRIEF 201 | JAN 2021
BREXIT
BRIEF

truths on tariffs. Politico, 8 January 2021.   10 January 2021. https://www.theguard-
https://www.politico.eu/article/brexit-        ian.com/politics/2021/jan/10/baffling-brex-
trade-tariffs-uk-businesses-wake-up-to-        it-rules-threaten-export-chaos-gove-is-
hard-truths/                                   warned

Telegraph      Boris  Johnson    considers     Financial Times Pan-EU food supply chains
post-Brexit changes to rules on 48-hour        hit by Brexit trade deal. FT, 6 January 2021.
working week. Telegraph, 15 January            https://www.ft.com/content/c068fc5f-dfe4-
2021.     https://www.telegraph.co.uk/pol-     4890-8153-a59e1833c100
itics/2021/01/15/boris-johnson-consid-
                                               Financial Times UK trade body to push
ers-post-brexit-overhaul-workers-rights/
                                               for tough standards on imported food. FT,
Financial Times UK workers’ rights at          10 January 2021. https://www.ft.com/
risk in plans to rip up EU labour market       content/62b1e447-c328-4026-b791-
rules. FT, 15 January 2021. https://www.       4e8306643f5a
ft.com/content/55588f86-a4f8-4cf3-aecb-
                                               Politico After Brexit, UK’s migrant rights
38723b787569
                                               watchdog on guard for mistakes. Politico, 12
Irish Times The emperor’s new clothes:         January 2021. https://www.politico.eu/arti-
the UK ‘sovereignty’ illusion. IT, 2 January   cle/after-brexit-uk-migrant-rights-watch-
2021. https://www.irishtimes.com/opinion/      dog-on-guard-for-mistakes/
editorial/the-emperor-s-new-clothes-the-
                                               The Guardian Musicians hit out after report
uk-sovereignty-illusion-1.4447514
                                               UK rejected visa-free EU travel. Guardian,
Telegraph EU and UK agree grace period         10 January 2021. https://www.theguard-
on ‘rules of origin’ paperwork. Telegraph,     ian,com/politics/2021/jan/10/musicians-
1 January 2021. https://www.telegraph.         hit-out-after-report-uk-rejected-visa-free-
co.uk/business/2021/01/01/eu-uk-agree-         eu-travel
grace-period-rules-origin-paperwork/
                                               Telegraph ‘Operation Bleach’ to scrub EU
Politico 5 ways Brexit got real. Politico, 6   from the statute book. Telegraph, 9 Janu-
January 2021. https://www.politico.eu/arti-    ary 2021. https://www.telegraph.co.uk/
cle/5-ways-brexit-got-real/                    politics/2021/01/09/pm-launches-opera-
                                               tion-bleach-strip-references-eu-tens-thou-
The Guardian Dutch officials seize ham
                                               sands/
sandwiches from British drivers. Guardian,
11 January 2021. https://www.theguardian.      Tony Connelly The squall before the storm.
com/politics/2021/jan/11/dutch-officials-      RTE, 16 January 2021. https://www.rte.ie/
seize-ham-sandwiches-from-british-drivers      news/2021/0115/1190108-brexit-analy-
                                               sis-and-comment
Financial Times UK’s post-Brexit trade
agenda starts close to home. FT, 10 Janu-      Tony Connelly Brexit reality bites:
ary 2021. https://www.ft.com/content/c8f-      The new dawn of trade friction. RTE,
3d0ad-017e-4749-9a04-7735f4373b82              9    January 2021. https://www.rte.ie/
                                               news/2021/0108/1188595-tony-connel-
The Observer Baffling Brexit rules threat-
                                               ly-brexit/
en export chaos, Gove is warned. Observer,

                                                              BREXIT BRIEF 201 | JAN 2021
BREXIT
BRIEF

RTE Freight group in warning to Taoiseach                             due-to-trade-disruption-1.4451671
over huge disruption to trade. RTE, 15 Jan-
                                                                      BBC Brexit: Arlene Foster sees ‘gateway of
uary 2021. https://www.rte.ie/news/busi-
                                                                      opportunity’ in UK-EU trade deal. BBC, 3
ness/2021/0115/1189870-trade/
                                                                      January 2021. https://www.bbc.com/news/
Irish Times Brexit has enabled the EU to                              uk-northern-ireland-55521248
reveal its essential essence. IT, 12 January
                                                                      The Guardian Northern Ireland facing food
2021. https://www.irishtimes.com/opinion/
                                                                      supply disruption over Brexit, MPs told.
brexit-has-enabled-the-eu-to-reveal-its-es-
sential-essence-1.4455620                                             Guardian, 6 January 2021. https://www.
                                                                      theguardian.com/uk-news/2021/jan/06/
Irish Times Brexit deal a mix of oppor-                               northern-ireland-facing-food-supply-disrup-
tunity and disadvantage for Ireland. IT, 8                            tion-over-brexit-mps-told
January 2021. https://www.iishtimes.com/
business/economy/brexit-deal-a-mix-of-op-                             RTE NI businesses highlight litany of
p o r t u n i t y- a n d - d i s a d va n t a g e - f o r - i r e -   problems over Protocol. RTE, 7 Janu-
land-1.44552447                                                       ary 2021. https://www.rte.ie/news/brex-
                                                                      it/2021/0106/1188057-brexit/
RTE Donegal vessel blocked from fishing
around Rockall by Scottish patrol boat. RTE,                          Irish Times First week of post-Brexit re-
5 January 2021. https://www.rte.ie/news/                              alities brings chaos to Irish-British trade.
brexit/2021/0105/1187865-rockall-fishing/                             IT, 9 January 2021. https://www.irishtimes.
                                                                      com/business/first-week-of-post-brex-
RTE Increased risk of enforcement action by                           it-realities-brings-chaos-to-irish-british-
Scotland over Rockall, fishermen warned.                              trade-1.4453296
RTE, 8 January 2021. https://www.rte.ie/
                                                                      RTE Hauliers ‘overwhelmed’ by red
news/0108/1188590-rockall-dispute-up-
                                                                      tape on NI deliveries. RTE, 7 January
date/
                                                                      2021.       https://www/rte.ie/news/brex-
Irish Times Newton Emerson: Post-Brex-                                it/2021/0107/1188345-hauliers/
it aggravation likely to come from unfore-
                                                                      Irish Times Post-Brexit customs eased
seen little obstacles. IT, 7 January 2021.
                                                                      temporarily   for   businesses  importing
https://www.irishtimes.com/opinion/new-
                                                                      from Britain. IT, 8 January 2021. https://
ton-emerson-post-brexit-aggravation-like-
                                                                      www.irishtimes.com/business/economy/
ly-to-come-from-unforeseen-little-obsta-
                                                                      post-brexit-customs-eased-temporari-
cles-1.45451521
                                                                      ly-for-businesses-importing-from-brit-
BBC Brexit: Post-trade deal jigsaw picture                            ain-1.4453074
still to emerge for NI. BBC, 3 January 2021.
                                                                      Irish Times Surge in freight traffic on di-
https://www.bbc.com/news/uk-north-
                                                                      rect ferry routes to Europe. IT, 9 Janu-
ern-ireland-55516795
                                                                      ary 2021. https://www.irishtimes.com/
Irish Times Paisley calls for Britain to dis-                         business/transport-and-tourism/surge-in-
apply Northern protocol due to trade dis-                             freight-traffic-on-ditrect-ferry-routes-to-eu-
ruption. IT, 7 January 2021. https://www.                             rope-1.4453585
irishtimes.com/news/politics/paisley-calls-
                                                                      Irish Times Brexit and beef farmers: Plans
for-britain-to-disapply-northern-protocol-

                                                                                     BREXIT BRIEF 201 | JAN 2021
BREXIT
BRIEF

for exceptional aid discussed. IT, 12 January
2021.     https://www.irishtimes.com/news/
politics/brexit-and-beef-farmers-plans-for-
exceptional-aid-discussed-1.4455793

Irish Times Post-Brexit costs: British firms
charging Irish customers more. IT, 13 Jan-
uary 2021. https://www.irishtimes.com/
business/economy/post-brexit-costs-
british-firms-charging-irish-customers-
more-1.4456755

RTE Major pro-Brexit group moves web-
site office to Ireland. RTE, 7 January
2021.       https://www.rte.ie/news/brex-
it/2021/0107/1188302-leaveeu/

Irish Times   British government unlikely
to breach NI protocol. IT, 11 January 2021.
https://www.irishtimes.com/news/ireland/
irish-news-british-government-unlikely-to-
breach-ni-protocol-1.4454811

Further Reading
Applebaum Anne Twilight of Democracy.
Allen Lane.

S

                                                BREXIT BRIEF 201 | JAN 2021
The Institute of International and European Affairs (IIEA) is Ireland’s leading international affairs think tank.
Founded in 1991, its mission is to foster and shape political, policy and public discourse in order to broaden
awareness of international and European issues in Ireland and contribute to more informed strategic decisions by
political, business and civil society leaders.

The IIEA is independent of government and all political parties and is a not-for profit organisation with charitable
status. In January 2017, the Global Go To Think Tank Index ranked the IIEA as Ireland’s top think tank.

© Institute of International and European Affairs, January 2021

Creative Commons License

This is a human-readable summary of (and not a substitute for) the license.

https://creativecommons.org/licenses/Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA
4.0)

You are free to:

• Share - copy and redistribute the material in any medium or format

• Adapt - remix, transform, and build upon the material

• The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made.
You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

NonCommercial — You may not use the material for commercial purposes.

ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under
the same license as the original.

No additional restrictions — You may not apply legal terms or technological measures that legally restrict others
from doing anything the license permits.

            The IIEA acknowledges the support of the Europe for Citizens Programme of the European Union

                    The Institute of International and European Affairs,

                           8 North Great Georges Street, Dublin 1, Ireland
                               T: +353-1-8746756 F: +353-1-8786880
                              E: reception@iiea.com W: www. iiea.com
You can also read