All seems set now for the UK-EU ‘Trade and Cooperation Agreement’ (TCA) to come into force on 1 January 2021

That’s the same day as the full entry into force of the Northern Ireland Protocol

But what’s the significance of the TCA for the Protocol and Northern Ireland?

Thread

Some initial observations

1. Although it was envisaged that a UK-EU agreement could ‘indicate the parts of this Protocol which it supersedes’, nothing changes with the TCA. It contains no ‘superseding’ provisions. The NI Protocol remains as is.

2. The TCA nevertheless complements the Protocol with some limited dedicated NI arrangements.

On road haulage, UK operators are generally limited to undertaking one laden journey within an EU member state; NI operators are permitted to undertake two such journeys in Ireland.

See Article ROAD.4 (p. 251)

3. The ability to provide cross-border passenger transport services on the island of Ireland is protected (Article X+2)(p. 258)

4. Fish is not covered by the NI Protocol. Therefore the inclusion of fisheries in the TCA is to be welcomed and presumably removes the need for the Joint Committee to take a decision on customs exemptions for fish landed in NI by NI vessels https://twitter.com/DPhinnemore/status/1340338035762860038?s=20

5. A ’zero-tariff, zero quota‘ deal does reduce some of the friction on GB-NI goods movements; there will be no tariffs on GB goods even if they are ‘at risk’ of onward movement into the EU, although the significance of this has been reduced by recent Joint Committee decisions.

6. However, the TCA contains no measures designed to reduce the formalities, checks and controls required on the Irish Sea border, although through cooperation managing the border should be easier and could become easier with further customs cooperation https://twitter.com/AnnaJerzewska/status/1343862303977058305?s=20

7. The TCA includes very limited provision for mutual recognition/equivalence. e.g. on SPS; the effect increases the likelihood of regulatory divergence between GB and NI and so friction on the GB-NI movement of goods https://twitter.com/AntonSpisak/status/1343523870368784385?s=20

8. The 'thinness' of the TCA means that although it does cover some issues not addressed in the Protocol - e.g. services, security and judicial cooperation - the substance of arrangements does little to address the disruption that Brexit will cause for cross-border cooperation.

9. The UK has rejected continued participation in Erasmus. The Irish government, however, has announced funding to ensure students studying in NI can continue to participate in Erasmus exchanges - a further example of differentiated treatment for NI.

End https://www.rte.ie/news/ireland/2020/1226/1186524-erasmus-northern-ireland/