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question for the legal lot

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Re: question for the legal lot

Postby erolz66 » Thu Apr 04, 2019 1:08 pm

After a no deal exit of the UK from the EU you could have a scenario where by the UK does not , on the NI side, impose any customs checks. This would be 'compatible' with the international agreements the UK has made re the good Friday agreement. It may result in the 'integrity' of the UK's own customs area being undermined but the UK can choose to ignore that. However in such a scenario , the EU could, in order to protect the integrity of its customs union, place customs checks, be forced to place customs checks, on the Ireland side of the border. The EU is not a party to the good Friday agreements. They would not want to do this, but if the integrity of the EU customs union was undermined sufficiently by not doing it, they really would have little to no choice. This is why as part of a negotiated deal with the UK (or as part of any negotiations with the UK after the UK has left) they have always wanted as a 'red line', that should such a situation occur, rather than them being forced to put in place customs checks, that they legally could put in place but do not want to have to, they want instead the UK to commit legally to either have NI within the EU customs area, requiring a customs border between NI and UK mainland, or the whole of the UK in such.
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Re: question for the legal lot

Postby Lordo » Thu Apr 04, 2019 1:26 pm

erolz66 wrote:After a no deal exit of the UK from the EU you could have a scenario where by the UK does not , on the NI side, impose any customs checks. This would be 'compatible' with the international agreements the UK has made re the good Friday agreement. It may result in the 'integrity' of the UK's own customs area being undermined but the UK can choose to ignore that. However in such a scenario , the EU could, in order to protect the integrity of its customs union, place customs checks, be forced to place customs checks, on the Ireland side of the border. The EU is not a party to the good Friday agreements. They would not want to do this, but if the integrity of the EU customs union was undermined sufficiently by not doing it, they really would have little to no choice. This is why as part of a negotiated deal with the UK (or as part of any negotiations with the UK after the UK has left) they have always wanted as a 'red line', that should such a situation occur, rather than them being forced to put in place customs checks, that they legally could put in place but do not want to have to, they want instead the UK to commit legally to either have NI within the EU customs area, requiring a customs border between NI and UK mainland, or the whole of the UK in such.

thanks erol. really appreciated.
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