NI Protocol & UK Market

Part 5: Northern Ireland Protocol

Northern Ireland’s place in the UK internal market and customs

territory

Section 46: Northern Ireland’s place in the UK internal market and customs territory

• This section provides that an appropriate authority must have special regard to a number of matters when exercising functions related to the implementation of the Northern Ireland Protocol or relating to the movement of goods within the UK.
• The matters listed in subsection (1) are:
  1. the need to maintain Northern Ireland’s integral place in the UK’s internal market;
  2. the need to respect Northern Ireland’s place as a part of the UK’s customs territory;

and

1. the need to facilitate the flow of goods between Great Britain and Northern 325 Subsection (3) sets out the meaning of “appropriate authority”.

Unfettered Access

Section 47: Unfettered access to UK internal market for Northern Ireland goods

• This section supports the delivery of the UK Government’s commitment to unfettered access for Northern Ireland goods moving from Northern Ireland to Great Britain. It does so by precluding new checks, controls or administrative processes on qualifying goods as they

 

 

 

move from Northern Ireland to Great Britain. It similarly precludes the use of existing checks, controls or processes being used for the first time, or for a new purpose or to a new extent.

• In this way it supports that the application of the Northern Ireland Protocol in Northern Ireland does not lead to new barriers for trade for Northern Ireland businesses. The section provides for exceptions where such checks, controls or administrative processes are necessary for either administrating arrangements which facilitate access for qualifying Northern Ireland goods to the internal market in the UK; or in order to secure compliance with, or give effect to, international agreements or arrangements that the UK is, or will be, a party to; or is necessary where goods have been declared for a voluntary customs procedure.
• This section applies to checks, controls or administrative processes applicable to the direct movement of qualifying Northern Ireland goods from Northern Ireland to Great Britain. A Minister of the Crown may, by regulations, amend the type of movement to which this section
• Subsection (7) sets out the meaning of appropriate

Section 48: Guidance on Article 10 of the Northern Ireland Protocol

• Subsection (1) requires the Secretary of State to publish guidance on the practical application of Article 10 of the Northern Ireland Article 10 relates to the application of EU State aid law to the UK under the EU Withdrawal Agreement.
• Subsection (2) provides that the guidance explaining Article 10 should reflect relevant decisions and recommendations of the EU – UK Joint Committee as well as a declaration that either party to the Joint Committee makes, of which the other party takes note.
• Subsection (3) requires the guidance to be published within one month of section 48 coming into force.
• Subsection (4) requires any person with public functions, such as a public authority granting financial assistance or other subsidies, to have regard to the guidance when implementing such functions.
• Subsection (5) allows the Secretary of State to revise, replace or withdraw the guidance if it is no longer necessary.
• Subsection (6) clarifies that the ”Joint Committee” means the committee established by Article

164(1) of the EU Withdrawal Agreement

 

Notifications under Article 10 of the Northern Ireland Protocol

Section 49: Notification of State aid for the purposes of the Northern Ireland Protocol

• This section applies when the UK may be required, due to Article 10 of the Northern Ireland Protocol, to give the European Commission of a notification or information relating to aid.
• It provides a statutory requirement that no one apart from the Secretary of State may notify or inform the European Commission of State aid, or proposed State aid, where required under Article This does not prevent others doing so on behalf of the Secretary of State where they are authorised to do so. This reflects the status quo, namely that this function is presently performed by the Secretary of State for Foreign, Commonwealth and Development Affairs via the UK Mission in Brussels. The Secretary of State will be subject to Regulations made under section 43(1) when interpreting Article 10.