Amendments to the UK-EU Withdrawal Agreement
1. Unless incompatible with the terms of the New Protocol on Ireland/Northern Ireland hereinafter set out, any pertinent or relevant terms of the UK-EU Withdrawal Agreement endorsed at the European Council on 25th November 2018 (the "Withdrawal Agreement") are assumed to be incorporated by reference into this New Protocol on Ireland/Northern Ireland.
2. All relevant parties, namely the European Union, the Republic of Ireland and the United Kingdom, agree not to place physical infrastructure or introduce related checks and controls on the Irish border in any circumstances. If the parties have not negotiated arrangements to guarantee this objective by the end of the Transition Period, the New Protocol on Ireland/Northern Ireland shall come into effect.
3. The terms of the Withdrawal Agreement expressly regulating the conditions and requirements for the protection of geographical indications of origin conferred under Union legislation and implementing measures are hereby expressly excluded from application under the New Protocol on Ireland/Northern Ireland, and also under the Withdrawal Agreement in any way.
4. The jurisdiction of the Court of Justice of the European Union in dispute settlement matters between the union and the United Kingdom is expressly excluded in the application and interpretation of the New Protocol on Ireland/Northern Ireland. The Court of Justice of the European Union shall only have jurisdiction over matters of European law during the transition period.
5. The European Union and the United Kingdom shall exercise their right as independent and separate Members of the World Trade Organisation and assume their respective obligations in their separate capacities as Members from the date the UK leaves the EU on March 29th, 2019. The United Kingdom will negotiate the modification of its own schedules by itself, without any need for approval from the European Union on the basis that it is an exiting Member State and a member of the WTO but may coordinate its actions with the European Union between now and March 29th, 2019.
6. Nothing in the New Protocol on Ireland/Northern Ireland shall imply the creation, existence or maintenance of a single customs territory between the European Union and the United Kingdom.
7. The Transition Period shall end on December 31, 2020 unless it is extended by agreement of both Parties.
8. The payment of money agreed between the EU and UK will be partially paid at the point of the UK’s exit, and then the remainder to be paid upon the achievement of milestones connected with the negotiation of the Free Trade Agreement.
9. With effect from the commencement of the Transition Period the EU and the UK will establish a Working Group of experts and representatives from each party as foreseen in Article 126 of the Withdrawal Agreement to establish and implement solutions for the operation of the Irish border with a view to the creation of a Free Trade Area comprising the Union and the United Kingdom, as set out in the New Protocol on Ireland/Northern Ireland or on such other terms as the Parties may agree by the end of the Transition Period. The Working Group shall be appropriately resourced to develop and advise on detailed provision of customs cooperation and trade facilitation at the Irish border and shall report at least monthly]to the Joint Committee on progress and on the steps to be taken by the Parties to implement the necessary measures by the end of the Transition Period.
Shanker A. Singham
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