Download Briefing Paper 52 Briefing Paper 52 – January 2021 Yohannes Ayele, Michael Gasiorek, Peter Holmes, Anna Jerzewska, Suzannah Walmsley Key Points Introduction Tariffs Customs and Trade Facilitation Rules of Origin Mutual Recognition of Testing and Certification Fisheries Conclusion Key Points The Trade and Cooperation Agreement (TCA) offers complete elimination of tariffs and quotas providing firms can prove their goods satisfy the rules of origin requirements, and providing no measures are introduced for other purposes such as trade defence or ‘rebalancing’ measures. The rules of origin are complex, bespoke and compared to those used on other EU agreements they differ in terms of distribution and details. In some cases, they appear more liberal than those used in the Pan-Euro-Mediterranean(PEM) system, in other cases the reverse applies. Customs and trade facilitation in the TCA is comprehensive and broad and provides for the possibility of close cooperation in order to facilitate bilateral trade between the UK and the EU. There is no chapter on the mutual recognition of conformity assessment (to standards), although there are some minor elements of mutual recognition, for example, with regard to automobiles and self-certification for least sensitive products. This will raise the bureaucratic complexity and [...]

Download Briefing Paper 45 Briefing Paper 45 – July 2020 Michael Gasiorek and Julia Magntorn Garrett Key Points Introduction What are rules of origin and why they are needed? Rules of origin are complex Cumulation of rules of origin Which sectors may be more vulnerable to tight rules of origin? Proposals for UK negotiating priorities Conclusion Key points Rules of origin can be very complex. They apply at a detailed product level, there are a range of different types of rules that can apply and it is not unusual that more than one rule applies to a product. How they are set matters because it impacts on the degree of protection or liberalisation offered to a given industry. Sectors such as Processed Foodstuffs, Materials, Chemicals, Textiles, Automotives and transport equipment, and Machinery and Electronics are sectors where the consequences of restrictive rules of origin for individual firms may be more significant. Because rules of origin can be constraining and increase firms’ costs, the aim should be to maximise the possibilities for cumulation – bilateral and diagonal, and to minimise the bureaucratic costs. In its draft Treaty the UK is proposing to allow for full bilateral cumulation as well [...]

Download Briefing Paper 41 Briefing Paper 41 – June 2020 Michael Gasiorek and Anna Jerzewska Key Points Introduction Differences in emphasis and interpretation The ‘which’ Flows from Great Britain to Northern Ireland Determining Risk New UK tariffs Determining Origin Regulatory Compliance Flows from Northern Ireland to GB Imports by Northern Ireland from third countries The ‘how’ Conclusion Footnotes Key Points The UK Government’s Command Paper on Northern Ireland reveals some significant differences between the position of the UK and that of the EU with respect to operationalising the Northern Ireland Protocol. These will no doubt spill over into the on-going future relationship negotiations. Some of the differences are more to do with positioning and may not be substantive. Others, such as re-interpreting the original wording of the Protocol of goods “at risk” to goods where there is “a genuine and substantial risk”, may be more substantial. The substantive differences concern which goods will be subject to checks, on which flows, and how the checks will be carried out to the satisfaction of both the UK and the EU; and relatedly, what infrastructure and institutions are needed. Determining which goods are at risk will be challenging as the final [...]