Q&As

How does a deal/no deal outcome at the end of the Brexit transition period impact the Northern Ireland Protocol?

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Published on LexisPSL on 04/12/2020

The following Public Law Q&A provides comprehensive and up to date legal information covering:

  • How does a deal/no deal outcome at the end of the Brexit transition period impact the Northern Ireland Protocol?
  • Continued application of the Protocol
  • United Kingdom Internal Market Bill
  • Further reading

The Northern Ireland Protocol (the Protocol) is contained in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (withdrawal Agreement).

This Q&A considers what happens to the Protocol at the end of the transition period (IP completion day), and whether there is a particular impact in the event of:

  1. a comprehensive free trade agreement (FTA) agreed between the UK and EU

  2. a very limited deal agreed between the UK and the EU, eg on goods only, or

  3. no deal between the UK and the EU

Article 1(3) of the Protocol provides that it:

‘…sets out the arrangements necessary to address the unique situation on the island of Ireland, to maintain the necessary conditions for continued North-South cooperation, to avoid a hard border and to protect the 1998 Agreement in all its dimensions.’

For background reading, see:

  1. Practice Note: Brexit—introduction to the Withdrawal Agreement

  2. News Analysis: Analysis of the Northern Ireland Protocol and its impact on the UK

Continued application of the Protocol

The provisions in the Protocol dealing with customs, movement of goods, the UK internal market, technical regulations and other certificatio

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