英国"脱欧"新协议全文

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10月17日，除英国外的欧盟27个成员国领导人17日一致通过决议，支持欧盟委员会当天与英国政府达成的最新“脱欧”协议。以下是关于协议的相关报道和正文全文，关注前哨公号，回复"英国脱欧"可下载包括附件在内的新协议全文PDF。

欧盟峰会通过英国“脱欧”新协议

　　新华社布鲁塞尔10月17日电（记者王子辰）除英国外的欧盟27个成员国领导人17日一致通过决议，支持欧盟委员会当天与英国政府达成的最新“脱欧”协议。

　　欧盟28个成员国的领导人当地时间17日下午开始在布鲁塞尔召开为期两天的欧盟峰会，除英国外的27国领导人在峰会上通过了上述决议。决议还请欧盟委员会、欧洲议会和欧盟理事会为确保协议在11月1日生效采取必要步骤。

　　经过艰苦谈判，欧盟委员会17日上午与英国政府就“脱欧”达成新协议。欧盟委员会主席容克表示，新协议对欧盟和英国来说是一份“公平且平衡”的协议。在得到欧盟27国领导人认可后，这一协议还须分别经过欧洲议会和英国议会批准才能生效。

　　2016年6月，英国全民公投决定“脱欧”。2018年11月，时任首相特雷莎·梅领导的英国政府与欧盟达成“脱欧”协议。这份协议先后3次被英国议会否决，特雷莎·梅也最终辞职下台。2019年7月24日，英国保守党新党首鲍里斯·约翰逊正式就任英国首相。他强调，英国一定会在10月31日的期限前完成“脱欧”，相信英国能与欧盟达成一份新的、更好的“脱欧”协议。

延伸阅读：

欧盟英国达成脱欧协议

能否议会闯关有悬念

　　英国首相约翰逊周四（10月17日）表示，英国已经与欧盟就脱欧协议达成一致。

　　约翰逊发推文表示：“我们达成了一项伟大的新协议，收回了控制权——现在议会应该在周六通过脱欧协议，这样我们就可以把精力转移到其他优先事项上，比如生活成本、国民健康保险制度、暴力犯罪和改善我们的环境上。”

　　同时，约翰逊称，这份新协议可以确保英国不受干扰地收回对法律、边界、货币和贸易的控制，并在自由贸易和友好合作的基础上与欧盟建立新的关系。

　　此前，英国与欧盟双方一直在加班加点努力敲定最后协议文本，但是这一法律文本仍然需要双方议会批准。

　　约翰逊还说，他对议会本周通过这一协议感到“很有信心”。

　　但在英国，北爱尔兰民主统一党（DUP）已经表示，仍然对协议文本存在怀疑。该党稍早发表声明表示不支持这项协议草案。对于首相约翰逊宣布协议敲定的消息，DUP仍称将坚持原有立场。

　　英国最大反对党工党领袖科尔宾表示，新协议比前首相特蕾莎·梅提出的协议文本“更差”，应该被议员否决。

　　BBC政治事务总编昆斯伯格分析说，唐宁街首相府对此早有预料，但约翰逊的想法是，与其无为，不如尝试和冒险。

　　“（约翰逊）首相或许整个职业生涯都在赌，但这可能是他最严重的赌注。”

　　“公平，平衡的协议”

　　欧盟委员会主席容克表示，这是一项“公平，平衡的协议”。

　　容克和约翰逊都敦促各自的议会支持这项新协议。

　　来自欧盟28个成员国的领导人当地时间17日下午开始在布鲁塞尔召开为期两天的欧盟峰会。容克建议各国领导人在峰会上支持这份协议。

　　英国首相发言人表示，议会计划周六（19日）对新的脱欧协议进行表决。

　　根据欧盟随后发表的声明，容克表示新协议可保障爱尔兰岛的和平与稳定，并充分保证欧盟的单一市场。

　　北爱尔兰地区与爱尔兰共国边界问题是“脱欧”谈判关键难点之一。前首相特蕾莎·梅与欧盟达成的脱欧协议今年1月和3月3次遭英国议会否决，主要原因就是其中涉及边界问题的“备份安排”遭到包括执政的保守党及盟党议员在内的多数议员反对。

　　新协议在边界问题上采取了欧英双方均能接受的复杂变通安排。一方面，北爱地区将作为英国关税领土的一部分，与英国其他地区同步退出欧盟关税同盟。另一方面，北爱尔兰地区与爱尔兰的边界不设海关口岸，货物边检将在运送货物的港口进行。同时，货物凡进入北爱尔兰地区仍将遵循欧盟各项检查标准。

　　最后期限

　　此前一天，当地时间10月16日，欧洲理事会主席图斯克就曾对媒体表示，英国脱欧协议有望在10月17日获得欧盟批准。

　　DUP领导人说，与英国政府的讨论正在“进行中”，但“不能支持当前协议在关税和同意书方面的建议，在增值税问题上也缺乏清晰度”。

　　由于约翰逊的保守党在议会不占多数，因此，如果他的新协议要在10月31日最后期限之前获得议会的批准，DUP的支持就显得至关重要。

　　英国女王伊丽莎白二世10月14日在议会发表演讲时表示，政府的首要任务是确保英国在10月31日脱离欧盟。

　　由于担心约翰逊在未达成协议的情况下脱欧，英国已经议会通过一项防止无协议脱欧的法案。

　　这份法案规定，最迟到10月19日，如果议会没有投票通过任何与欧盟达成的协议，或同意无协议脱欧，首相约翰逊必须向布鲁塞尔（欧盟总部）请求将英国脱离欧盟的最后期限再次延长，从10月31日延长到2020年1月31日。

英国“脱欧”新协议全文

该协议全文共64页，正文16页共19条，另有7个附件。新“脱欧”协议有多项突破，包括解决英国北爱尔兰地区与爱尔兰边界难题的新提议。

协议正文目录如下：

第一条  目标

第二条  个人权利

第三条  共同旅行区

第四条  英国关税区

第五条  海关与货物的流动

第六条  英国内部市场保护

第七条  技术规范、评估、登记、证书、同意和授权

第八条  增值税和消费税

第九条  单一电力市场

第十条  国家援助

第十一条  南北合作的其它领域

第十二条  执行，适用，监督和执法

第十三条  共同条款

第十四条  专门委员会

第十五条  联合咨询工作组

第十六条  保护措施

第十七条  金融利益保护

第十八条  北爱尔兰问题民主党同意意见

第十九条  附件

17 October 2019

TF50 (2019) 64 – Commission to EU 27

Subject: Revised texts agreed at negotiators' level for:

- The Protocol on Ireland/Northern Ireland included in the Withdrawal Agreement and the consequential technical adaptations to Article 184 “Negotiations on the future relationship” and Article 185 “Entry into force and application” of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (“Withdrawal Agreement”).

These revised texts are:

- Intended to replace the corresponding provisions included in the last version of the Withdrawal Agreement published in OJ C144 I of 25.4.2019;

- Subject to legal revision.

Origin: European Commission, Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 TEU.

Published on the TF50 website on 17 October 2019

PROTOCOL ONIRELAND/NORTHERN IRELAND

The Union and theUnited Kingdom,

HAVING REGARD to the historic ties and enduring nature of the bilateral relationship betweenIreland and the United Kingdom,

RECALLING that the United Kingdom's withdrawal from the Union presents a significant andunique challenge to the island of Ireland, and reaffirming that theachievements, benefits and commitments of the peace process will remain ofparamount importance to peace, stability and reconciliation there,

RECOGNISING that it is necessary to address the unique circumstances on the island of Irelandthrough a unique solution in order to ensure the orderly withdrawal of theUnited Kingdom from the Union,

AFFIRMING that the Good Friday or Belfast Agreement of 10 April 1998 between the Government ofthe United Kingdom, the Government of Ireland and the other participants in themulti-party negotiations (the ‘1998 Agreement’), which is annexed to theBritish-Irish Agreement of the same date (the ‘British-Irish Agreement’),including its subsequent implementation agreements and arrangements, should beprotected in all its parts,

RECOGNISING that cooperation between Northern Ireland and Ireland is a central part of the 1998Agreement and is essential for achieving reconciliation and the normalisationof relationships on the island of Ireland, and recalling the roles, functionsand safeguards of the Northern Ireland Executive, the Northern Ireland Assemblyand the North-South Ministerial Council (including cross-community provisions),as set out in the 1998 Agreement,

NOTING that Union law has provided a supporting framework for the provisions on Rights,Safeguards and Equality of Opportunity of the 1998 Agreement,

RECOGNISING that Irish citizens in Northern Ireland, by virtue of their Union citizenship, willcontinue to enjoy, exercise and have access to rights, opportunities andbenefits, and that this Protocol should respect and be without prejudice to therights, opportunities and identity that come with citizenship of the Union forthe people of Northern Ireland who choose to assert their right to Irishcitizenship, as defined in Annex 2 of the British-Irish Agreement ‘Declarationon the Provisions of Paragraph (vi) of Article 1 in Relation to Citizenship’,

EMPHASISING that in order to ensure democratic legitimacy, there should be a process to ensuredemocratic consent in Northern Ireland to the application of Union law underthis Protocol,

RECALLING the commitment of the United Kingdom to protect North-South cooperation and itsguarantee of avoiding a hard border, including any physical infrastructure orrelated checks and controls,

NOTING that nothing in this Protocol prevents the United Kingdom from ensuring unfetteredmarket access for goods moving from Northern Ireland to the rest of the UnitedKingdom's internal market,

UNDERLINING the Union'sand the United Kingdom's shared aim of avoiding controls at the ports andairports of Northern Ireland, to the extent possible in accordance withapplicable legislation and taking into account their respective regulatoryregimes as well as the implementation thereof,

RECALLING the commitments of the Union and the United Kingdom reflected in the Joint Reportfrom the negotiators of the European Union and the United Kingdom Government onprogress during phase 1 of negotiations under Article 50 TEU on the UnitedKingdom's orderly withdrawal from the European Union of 8 December 2017,

RECALLING that the Union and the United Kingdom have carried out a mapping exercise whichshows that North-South cooperation relies to a significant extent on a commonUnion legal and policy framework,

NOTING that therefore the United Kingdom's withdrawal from the Union gives rise tosubstantial challenges to the maintenance and development of North-Southcooperation,

RECALLING that the United Kingdom remains committed to protecting and supporting continuedNorth-South and East-West cooperation across the full range of political,economic, security, societal and agricultural contexts and frameworks forcooperation, including the continued operation of the North-Southimplementation bodies,

ACKNOWLEDGING the need for this Protocol to be implemented so as to maintain the necessaryconditions for continued North-South cooperation, including for possible newarrangements in accordance with the 1998 Agreement,

RECALLING the Union's and the United Kingdom's commitments to the North South PEACE andINTERREG funding programmes under the current multi-annual financial frameworkand to the maintaining of the current funding proportions for the futureprogramme,

AFFIRMING the commitment of the United Kingdom to facilitate the efficient and timely transitthrough its territory of goods moving from Ireland to another Member State orto a third country, and vice versa,

DETERMINED that the application of this Protocol should impact as little as possible on theeveryday life of communities in both Ireland and Northern Ireland,

UNDERLINING their firm commitment to no customs and regulatory checks or controls and relatedphysical infrastructure at the border between Ireland and Northern Ireland,

RECALLING that Northern Ireland is part of the customs territory of the United Kingdom andwill benefit from participation in the United Kingdom's independent tradepolicy,

HAVING REGARD tothe importance of maintaining the integral place of Northern Ireland in theUnited Kingdom’s internal market,

MINDFUL that therights and obligations of Ireland under the rules of the Union's internalmarket and customs union must be fully respected,

HAVE AGREED UPON the following provisions, which shall be annexed to the Withdrawal Agreement:

Article 1

Objectives

1.  This Protocol iswithout prejudice to the provisions of the 1998 Agreement in respect of theconstitutional status of Northern Ireland and the principle of consent, whichprovides that any change in that status can only be made with the consent of amajority of its people.

2.  This Protocolrespects the essential State functions and territorial integrity of the UnitedKingdom.

3.  This Protocolsets out arrangements necessary to address the unique circumstances on theisland of Ireland, to maintain the necessary conditions for continuedNorth-South cooperation, to avoid a hard border and to protect the 1998Agreement in all its dimensions.

Article 2

Rights ofindividuals

1. The UnitedKingdom shall ensure that no diminution of rights, safeguards or equality ofopportunity, as set out in that part of the 1998 Agreement entitled Rights,Safeguards and Equality of Opportunity results from its withdrawal from theUnion, including in the area of protection against discrimination, as enshrinedin the provisions of Union law listed in Annex 1 to this Protocol, and shallimplement this paragraph through dedicated mechanisms.

2. The UnitedKingdom shall continue to facilitate the related work of the institutions andbodies set up pursuant to the 1998 Agreement, including the Northern IrelandHuman Rights Commission, the Equality Commission for Northern Ireland and theJoint Committee of representatives of the Human Rights Commissions of NorthernIreland and Ireland, in upholding human rights and equality standards.

Article 3

Common Travel Area

1. The UnitedKingdom and Ireland may continue to make arrangements between themselvesrelating to the movement of persons between their territories (the ‘CommonTravel Area’), while fully respecting the rights of natural persons conferredby Union law.

2. The UnitedKingdom shall ensure that the Common Travel Area and the rights and privilegesassociated therewith can continue to apply without affecting the obligations ofIreland under Union law, in particular with respect to free movement to, fromand within Ireland for Union citizens and their family members, irrespective oftheir nationality.

Article 4

Customs territory of the United Kingdom

Northern Ireland is part of the customs territory of the UnitedKingdom.

Accordingly,nothing in this Protocol shall prevent the United Kingdom from includingNorthern Ireland in the territorial scope of any agreements it may concludewith third countries, provided that those agreements do not prejudice theapplication of this Protocol.

In particular,nothing in this Protocol shall prevent the United Kingdom from concludingagreements with a third country that grant goods produced in Northern Irelandpreferential access to that country’s market on the same terms as goodsproduced in other parts of the United Kingdom.

Nothing in thisProtocol shall prevent the United Kingdom from including Northern Ireland inthe territorial scope of its Schedules of Concessions annexed to the GeneralAgreement on Tariffs and Trade 1994.

Article 5

Customs, movement of goods

1.  No customs dutiesshall be payable for a good brought into Northern Ireland from another part ofthe United Kingdom by direct transport, notwithstanding paragraph 3, unlessthat good is at risk of subsequently being moved into the Union, whether byitself or forming part of another good following processing.

The customsduties in respect of a good being moved by direct transport to Northern Irelandother than from the Union or from another part of the United Kingdom shall bethe duties applicable in the United Kingdom, notwithstanding paragraph 3,unless that good is at risk of subsequently being moved into the Union, whetherby itself or forming part of another good following processing.

No duties shall be payable by, as relief shall begranted to, residents of the United Kingdom for

personal property, as defined in point (c) ofArticle 2(1) of Council Regulation 1186/2009¹, brought into Northern Ireland fromanother part of the United Kingdom.

2.  For the purposesof the first and second subparagraph of paragraph 1, a good brought intoNorthern Ireland from outside the Union shall be considered to be at risk ofsubsequently being moved into the Union unless it is established that thatgood:

(a)  will not besubject to commercial processing in Northern Ireland; and

(b)  fulfils thecriteria established by the Joint Committee in accordance with the fourth subparagraphof this paragraph.

For the purposes of this paragraph, ‘processing’means any alteration of goods, any transformation of goods in any way, or anysubjecting of goods to operations other than for

¹ Council Regulation (EC) No 1186/2009 of16 November 2009 setting up a Community system of reliefs from customs duty (OJL 324, 10.12.2009, p. 23).

the purpose ofpreserving them in good condition or for adding or affixing marks, labels,seals or any other documentation to ensure compliance with any specificrequirements.

Before the end ofthe transition period, the Joint Committee shall by decision establish theconditions under which processing is to be considered not to fall within point(a) of the first subparagraph, taking into account in particular the nature,scale and result of the processing.

Before the end ofthe transition period, the Joint Committee shall by decision establish thecriteria for considering that a good brought into Northern Ireland from outsidethe Union is not at risk of subsequently being moved into the Union. The JointCommittee shall take into consideration, inter alia:

(a)  the finaldestination and use of the good;

(b)  the nature andvalue of the good;

(c)   the nature of themovement; and

(d) the incentive forundeclared onward-movement into the Union, in particular incentives resultingfrom the duties payable pursuant to paragraph 1.

The Joint Committee may amend at any time itsdecisions adopted pursuant to this paragraph.

In taking any decision pursuant to thisparagraph, the Joint Committee shall have regard to the specific circumstancesin Northern Ireland.

3.  Legislation as defined in point (2) ofArticle 5 of Regulation (EU) No 952/2013 shall apply to and in the United Kingdomin respect of Northern Ireland (not including the territorial waters of theUnited Kingdom). However, the Joint Committee shall establish the conditions,including in

quantitative terms, under which certain fisheryand aquaculture products, as set out in Annex I

to Regulation(EU) 1379/2013 of the European Parliament and of the Council², brought into the customs territory ofthe Union defined in Article 4 of Regulation (EU) No 952/2013 by vessels flyingthe flag of the United Kingdom and having their port of registration inNorthern Ireland are exempted from duties.

4. The provisions ofUnion law listed in Annex 2 to this Protocol shall also apply, under theconditions set out in that Annex, to and in the United Kingdom in respect ofNorthern Ireland.

5. Articles 30 and110 TFEU shall apply to and in the United Kingdom in respect of NorthernIreland. Quantitative restrictions on exports and imports shall be prohibitedbetween the Union and Northern Ireland.

6. Customs dutieslevied by the United Kingdom in accordance with paragraph 3 are not remitted tothe Union.

Subject to Article 10, the United Kingdom may inparticular:

²     Regulation (EU) No 1379/2013 of theEuropean Parliament and of the Council of 11 December 2013 on the commonorganisation of the markets in fishery and aquaculture products amendingCouncil Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealingCouncil Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).

(a)  reimburse dutieslevied pursuant to the provisions of Union law made applicable by paragraph 3in respect of goods brought into Northern Ireland;

(b)  provide forcircumstances in which a customs debt which has arisen is to be waived inrespect of goods brought into Northern Ireland;

(c)  provide for circumstancesin which customs duties are to be reimbursed in respect of goods that can beshown not to have entered the Union; and

(d)  compensateundertakings to offset the impact of the application of paragraph 3.

In taking decisions under Article 10, the EuropeanCommission shall take the circumstances in Northern Ireland into account asappropriate.

7. No duties shallbe payable on consignments of negligible value, on consignments sent by oneindividual to another or on goods contained in travellers’ personal baggage,under the conditions set out in the legislation referred to in paragraph 3.

Article 6

Protection of the UK internal market

1. Nothing in thisProtocol shall prevent the United Kingdom from ensuring unfettered marketaccess for goods moving from Northern Ireland to other parts of the UnitedKingdom's internal market. Provisions of Union law made applicable by thisProtocol which prohibit or restrict the exportation of goods shall only beapplied to trade between Northern Ireland and other parts of the United Kingdomto the extent strictly required by any international obligations of the Union.The United Kingdom shall ensure full protection under internationalrequirements and commitments that are relevant to the prohibitions andrestrictions on the exportation of goods from the Union to third countries asset out in Union law.

2.  Having regard toNorthern Ireland's integral place in the United Kingdom's internal market, theUnion and the United Kingdom shall use their best endeavours to facilitate thetrade between Northern Ireland and other parts of the United Kingdom, inaccordance with applicable legislation and taking into account their respectiveregulatory regimes as well as the implementation thereof. The Joint Committeeshall keep the application of this paragraph under constant review and shalladopt appropriate recommendations with a view to avoiding controls at the portsand airports of Northern Ireland to the extent possible.

3. Nothing in thisProtocol shall prevent a product originating from Northern Ireland from beingpresented as originating from the United Kingdom when placed on the market inGreat Britain.

4. Nothing in thisProtocol shall affect the law of the United Kingdom regulating the placing onthe market in other parts of the United Kingdom of goods from Northern Irelandthat comply with or benefit from technical regulations, assessments,registrations, certificates, approvals or authorisations governed by provisionsof Union law referred to in Annex 2 to this Protocol.

Article 7

Technical regulations, assessments,registrations, certificates, approvals and authorisations

1. Without prejudiceto the provisions of Union law referred to in Annex 2 to this Protocol, thelawfulness of placing goods on the market in Northern Ireland shall be governedby the law of the United Kingdom as well as, as regards goods imported from theUnion, by Articles 34 and 36 TFEU.

2.   Where provisionsof Union law made applicable by this Protocol provide for the indication of a MemberState, including in abbreviated form, in markings, labelling, tags, or by anyother means, the United Kingdom in respect of Northern Ireland shall beindicated as ‘UK(NI)’ or ‘United Kingdom (Northern Ireland)’. Where provisionsof Union law made applicable by this

Protocol provide for the indication in the formof a numeric code, the United Kingdom in respect of Northern Ireland shall beindicated with a distinguishable numeric code.

3.  By way ofderogation from Article 13(1) of this Protocol and from Article 7 of theWithdrawal Agreement, in respect of the recognition in one Member State oftechnical regulations, assessments, registrations, certificates, approvals andauthorisations issued or carried out by the authorities of another MemberState, or by a body established in another Member State, references to MemberStates in provisions of Union law made applicable by this Protocol shall not beread as including the United Kingdom in respect of Northern Ireland as regardstechnical regulations, assessments, registrations, certificates, approvals andauthorisations issued or carried out by the authorities of the United Kingdomor by bodies established in the United Kingdom.

The firstsubparagraph shall not apply to registrations, certifications, approvals andauthorisations of sites, installations or premises in Northern Ireland issuedor carried out by competent authorities of the United Kingdom, where theregistration, certification, approval or authorisation may require aninspection of the sites, installations or premises.

The firstsubparagraph shall not apply to veterinary certificates or official labels forplant reproductive material that are required by provisions of Union law madeapplicable by this Protocol.

The firstsubparagraph is without prejudice to the validity, in Northern Ireland, ofassessments, registrations, certificates, approvals and authorisations issuedor carried out, on the basis of provisions of Union law made applicable by thisProtocol, by the competent authorities of the United Kingdom or by bodiesestablished in the United Kingdom. Any conformity marking, logo or similarrequired by the provisions of Union law made applicable by this Protocol whichis affixed by economic operators based on the assessment, registration,certificate, approval or authorisation issued by competent authorities of theUnited Kingdom or by bodies established in the United Kingdom shall beaccompanied by the indication ‘UK(NI)’.

The UnitedKingdom in respect of Northern Ireland may not initiate objection, safeguard orarbitration procedures provided for in provisions of Union law made applicableby this Protocol to the extent that those procedures concern the technicalregulations, standards, assessments, registrations, certificates, approvals andauthorisations issued or carried out by competent authorities of the MemberStates or by bodies established in Member States.

The first subparagraph does not prevent the testand release by a qualified person in Northern Ireland of a batch of a medicinalproduct imported into or manufactured in Northern Ireland.

Article 8

VAT and excise

The provisions ofUnion law listed in Annex 3 to this Protocol concerning goods shall apply toand in the United Kingdom in respect of Northern Ireland.

In respect ofNorthern Ireland, the authorities of the United Kingdom shall be responsiblefor the application and the implementation of the provisions listed in Annex 3to this Protocol, including the collection of VAT and excise duties. Under theconditions set out in those provisions, revenues resulting from transactionstaxable in Northern Ireland shall not be remitted to the Union.

By way ofderogation from the first paragraph, the United Kingdom may apply to suppliesof goods taxable in Northern Ireland VAT exemptions and reduced rates that areapplicable in Ireland in accordance with provisions listed in Annex 3 to thisProtocol.

The JointCommittee shall regularly discuss the implementation of this Article, includingas concerns the reductions and exemptions provided for in the provisionsreferred to in the first paragraph, and shall, where appropriate, adoptmeasures for its proper application, as necessary.

The JointCommittee may review the application of this Article, taking into accountNorthern Ireland’s integral place in the United Kingdom’s internal market, andmay adopt appropriate measures as necessary.

Article 9

Single electricity market

The provisions ofUnion law governing wholesale electricity markets listed in Annex 4 to thisProtocol shall apply, under the conditions set out in that Annex, to and in theUnited Kingdom in respect of Northern Ireland.

Article 10

State aid

1. The provisions ofUnion law listed in Annex 5 to this Protocol shall apply to the United Kingdom,including with regard to measures supporting the production of and trade inagricultural products in Northern Ireland, in respect of measures which affectthat trade between Northern Ireland and the Union which is subject to thisProtocol.

2. Notwithstandingparagraph 1, the provisions of Union law referred to in that paragraph shallnot apply with respect to measures taken by the United Kingdom authorities tosupport the production of and trade in agricultural products in NorthernIreland up to a determined maximum overall annual level of support, andprovided that a determined minimum percentage of that exempted support complieswith the provisions of Annex 2 to the WTO Agreement on Agriculture. Thedetermination of the maximum exempted overall annual level

of support and the minimum percentage shall begoverned by the procedures set out in Annex 6.

3. Where theEuropean Commission examines information regarding a measure by the UnitedKingdom authorities that may constitute unlawful aid that is subject toparagraph 1, it shall ensure that the United Kingdom is kept fully andregularly informed of the progress and outcome of the examination of thatmeasure.

Article 11

Other areas ofNorth-South cooperation

1. Consistent withthe arrangements set out in Articles 5 to 10, and in full respect of Union law,this Protocol shall be implemented and applied so as to maintain the necessaryconditions for continued North-South cooperation, including in the areas ofenvironment, health, agriculture, transport, education and tourism, as well asin the areas of energy, telecommunications, broadcasting, inland fisheries,justice and security, higher education and sport.

In full respectof Union law, the United Kingdom and Ireland may continue to make newarrangements that build on the provisions of the 1998 Agreement in other areasof North-South cooperation on the island of Ireland.

2. The JointCommittee shall keep under constant review the extent to which theimplementation and application of this Protocol maintains the necessaryconditions for North-South cooperation. The Joint Committee may makeappropriate recommendations to the Union and the United Kingdom in thisrespect, including on a recommendation from the Specialised Committee.

Article 12

Implementation, application, supervisionand enforcement

1.Without prejudiceto paragraph 4, the authorities of the United Kingdom shall be responsible forimplementing and applying the provisions of Union law made applicable by thisProtocol to and in the United Kingdom in respect of Northern Ireland.

2. Without prejudiceto paragraph 4 of this Article, Union representatives shall have the right tobe present during any activities of the authorities of the United Kingdomrelated to the implementation and application of provisions of Union law madeapplicable by this Protocol, as well as activities related to theimplementation and application of Article 5, and the United Kingdom shallprovide, upon request, all relevant information relating to such activities.The United Kingdom shall facilitate such presence of Union representatives andshall provide them with the information requested. Where the Unionrepresentative requests the authorities of the United Kingdom to carry outcontrol measures in individual cases for duly stated reasons, the authoritiesof the United Kingdom shall carry out those control measures.

The Union and the United Kingdom shall exchangeinformation on the application of Article 5(1) and (2) on a monthly basis.

3. The practicalworking arrangements relating to the exercise of the rights of Unionrepresentatives referred to in paragraph 2 shall be determined by the JointCommittee, upon proposal from the Specialised Committee.

4. As regards thesecond subparagraph of paragraph 2 of this Article, Article 5 and Articles 7 to10, the institutions, bodies, offices, and agencies of the Union shall inrelation to the United Kingdom and natural and legal persons residing orestablished in the territory of the United Kingdom have the powers conferredupon them by Union law. In particular, the Court of Justice of the EuropeanUnion shall have the jurisdiction provided for in the Treaties in this respect.The second and third paragraphs of Article 267 TFEU shall apply to and in theUnited Kingdom in this respect.

5.Acts of theinstitutions, bodies, offices, and agencies of the Union adopted in accordancewith paragraph 4 shall produce in respect of and in the United Kingdom the samelegal effects as those which they produce within the Union and its MemberStates.

6. When representingor assisting a party in relation to administrative procedures arising from theexercise of the powers of the institutions, bodies, offices, and agencies ofthe Union referred to in paragraph 4, lawyers authorised to practise before thecourts or tribunals of the United Kingdom shall in every respect be treated aslawyers authorised to practise before courts or tribunals of Member States whorepresent or assist a party in relation to such administrative procedures.

7.In cases broughtbefore the Court of Justice of the European Union pursuant to paragraph 4:

(a)the UnitedKingdom may participate in the proceedings before the Court of Justice of theEuropean Union in the same way as a Member State;

(b)  lawyers authorisedto practise before the courts or tribunals of the United Kingdom may representor assist a party before the Court of Justice of the European Union in suchproceedings and shall in every respect be treated as lawyers authorised topractise before courts or tribunals of Member States representing or assistinga party before the Court of Justice of the European Union.

Article 13

Common provisions

1. For the purposesof this Protocol, any reference to the United Kingdom in the applicableprovisions of the Withdrawal Agreement shall be read as referring to the UnitedKingdom or to the United Kingdom in respect of Northern Ireland, as the casemay be.

Notwithstandingany other provisions of this Protocol, any reference to the territory definedin Article 4 of Regulation (EU) No 952/2013 in the applicable provisions of theWithdrawal Agreement and of this Protocol, as well as in the provisions ofUnion law made applicable to and in the United Kingdom in respect of NorthernIreland by this Protocol, shall be read as including the part of the territoryof the United Kingdom to which Regulation (EU) No 952/2013 applies by virtue ofArticle 5(3) of this Protocol.

Titles I and III of Part Three and Part Six ofthe Withdrawal Agreement shall apply without prejudice to the provisions ofthis Protocol.

2. NotwithstandingArticle 4(4) and (5) of the Withdrawal Agreement, the provisions of thisProtocol referring to Union law or to concepts or provisions thereof shall intheir implementation and application be interpreted in conformity with therelevant case law of the Court of Justice of the European Union.

3. NotwithstandingArticle 6(1) of the Withdrawal Agreement, and unless otherwise provided, wherethis Protocol makes reference to a Union act, that reference shall be read asreferring to that Union act as amended or replaced.

4. Where the Unionadopts a new act that falls within the scope of this Protocol, but whichneither amends nor replaces a Union act listed in the Annexes to this Protocol,the Union shall inform the United Kingdom of the adoption of that act in theJoint Committee. Upon the request of the Union or the United Kingdom, the JointCommittee shall hold an exchange of views on the implications of the newlyadopted act for the proper functioning of this Protocol, within 6 weeks afterthe request.

As soon as reasonably practical after the Unionhas informed the United Kingdom in the Joint Committee, the Joint Committeeshall either:

(a) adopt a decisionadding the newly adopted act to the relevant Annex to this Protocol; or

(b) where anagreement on adding the newly adopted act to the relevant Annex to thisProtocol cannot be reached, examine all further possibilities to maintain thegood functioning of this Protocol and take any decision necessary to thiseffect.

If the JointCommittee has not taken a decision referred to in the second subparagraphwithin a reasonable time, the Union shall be entitled, after giving notice tothe United Kingdom, to take appropriate remedial measures. Such measures shalltake effect at the earliest 6 months after the Union informed the UnitedKingdom in accordance with the first subparagraph, but in no event shall suchmeasures take effect before the date on which the newly adopted act isimplemented in the Union.

5.  y way ofderogation from paragraph 1 of this Article and from Article 7 of theWithdrawal Agreement, unless the Union considers that full or partial access bythe United Kingdom or the United Kingdom in respect of Northern Ireland, as thecase may be, is strictly necessary to enable the United Kingdom to comply withits obligations under this Protocol, including where such access is necessarybecause access to the relevant information cannot be facilitated by the workinggroup referred to in Article 15 of this Protocol or by any other practicalmeans, in respect of access to any network, information system or databaseestablished on the basis of Union law, references to Member States andcompetent authorities of Member States in provisions of Union law madeapplicable by this Protocol shall not be read as including the United Kingdomor the United Kingdom in respect of Northern Ireland, as the case may be.

6.Authorities ofthe United Kingdom shall not act as leading authority for risk assessments,examinations, approvals and authorisation procedures provided for in Union lawmade applicable by this Protocol.

7. Articles 346 and347 TFEU shall apply to this Protocol as regards measures taken by a MemberState or by the United Kingdom in respect of Northern Ireland.

8.Any subsequentagreement between the Union and the United Kingdom shall indicate the parts ofthis Protocol which it supersedes. Once a subsequent agreement between theUnion and the United Kingdom becomes applicable after the entry into force ofthe Withdrawal Agreement, this Protocol shall then, from the date ofapplication of such subsequent agreement and in accordance with the provisionsof that agreement setting out the effect of that agreement on this Protocol,not apply or shall cease to apply, as the case may be, in whole or in part.

Article 14

Specialised Committee

The Committee on issues related to theimplementation of the Protocol on Ireland/Northern Ireland established byArticle 165 of the Withdrawal Agreement (‘Specialised Committee’) shall:

(a) facilitate theimplementation and application of this Protocol;

(b)examine proposalsconcerning the implementation and application of this Protocol from theNorth-South Ministerial Council and North-South Implementation bodies set upunder the 1998 Agreement;

(c) consider anymatter of relevance to Article 2 of this Protocol brought to its attention bythe Northern Ireland Human Rights Commission, the Equality Commission forNorthern Ireland, and the Joint Committee of representatives of the HumanRights Commissions of Northern Ireland and Ireland;

(d) discuss any pointraised by the Union or the United Kingdom that is of relevance to this Protocoland gives rise to a difficulty; and

(e) makerecommendations to the Joint Committee as regards the functioning of thisProtocol.

Article 15

Joint consultative working group

1. A jointconsultative working group on the implementation of this Protocol (‘workinggroup’) is hereby established. It shall serve as a forum for the exchange of informationand mutual consultation.

2. The working groupshall be composed of representatives of the Union and the United Kingdom andshall carry out its functions under the supervision of the SpecialisedCommittee, to which it shall report. The working group shall have no power totake binding decisions other than the power to adopt its own rules of procedurereferred to in paragraph 6.

3. Within theworking group:

(a) the Union and theUnited Kingdom shall, in a timely manner, exchange information about planned,ongoing and final relevant implementation measures in relation to the Unionacts listed in the Annexes to this Protocol;

(b)  the Union shallinform the United Kingdom about planned Union acts within the scope of thisProtocol, including Union acts that amend or replace the Union acts listed inthe Annexes to this Protocol;

(c)the Union shallprovide to the United Kingdom all information the Union considers relevant toallow the United Kingdom to fully comply with its obligations under the Protocol;and

(d) the UnitedKingdom shall provide to the Union all information that Member States arerequired to provide to one another or to the institutions, bodies, offices oragencies of the Union pursuant to the Union acts listed in the Annexes to thisProtocol.

4.  The working groupshall be co-chaired by the Union and the United Kingdom.

5.  The working groupshall meet at least once a month, unless otherwise decided by the Union and theUnited Kingdom by mutual consent. Where necessary, the Union and the UnitedKingdom may exchange information referred to in points (c) and (d) of paragraph3 between meetings.

6.  The working groupshall adopt its own rules of procedure by mutual consent.

7.  The Union shallensure that all views expressed by the United Kingdom in the working group andall information provided by the United Kingdom in the working group, includingtechnical and scientific data, are communicated to the relevant institutions,bodies, offices and agencies of the Union without undue delay.

Article 16

Safeguards

1. If theapplication of this Protocol leads to serious economic, societal orenvironmental difficulties that are liable to persist, or to diversion oftrade, the Union or the United Kingdom may unilaterally take appropriatesafeguard measures. Such safeguard measures shall be restricted with regard totheir scope and duration to what is strictly necessary in order to remedy thesituation. Priority shall be given to such measures as will least disturb thefunctioning of this Protocol.

2. If a safeguardmeasure taken by the Union or the United Kingdom, as the case may be, inaccordance with paragraph 1 creates an imbalance between the rights andobligations under this Protocol, the Union or the United Kingdom, as the casemay be, may take such proportionate rebalancing measures as are strictlynecessary to remedy the imbalance. Priority shall be given to such measures aswill least disturb the functioning of this Protocol.

3. Safeguard andrebalancing measures taken in accordance with paragraphs 1 and 2 shall begoverned by the procedures set out in Annex 7 to this Protocol.

Article 17

Protection of financial interests

The Union and the United Kingdom shall counterfraud and any other illegal activities affecting the financial interests of theUnion or the financial interests of the United Kingdom.

Article 18

Democratic consent in Northern Ireland

1.  Within 2 monthsbefore the end of both the initial period and any subsequent period, the UnitedKingdom shall provide the opportunity for democratic consent in NorthernIreland to the continued application of Articles 5 to 10.

2.  For the purposesof paragraph 1, the United Kingdom shall seek democratic consent in NorthernIreland in a manner consistent with the 1998 Agreement. A decision expressingdemocratic consent shall be reached strictly in accordance with the unilateraldeclaration made by the United Kingdom on [DATE], including with respect to the roles of theNorthern Ireland Executive and Assembly.

3.  The UnitedKingdom shall notify the Union before the end of the relevant period referredto in paragraph 5 of the outcome of the process referred to in paragraph 1.

4. Where the processreferred to in paragraph 1 has been undertaken and a decision has been reachedin accordance with paragraph 2, and the United Kingdom notifies the Union thatthe outcome of the process referred to in paragraph 1 is not a decision thatthe Articles of this Protocol referred to in that paragraph should continue toapply in Northern Ireland, then those Articles and other provisions of thisProtocol, to the extent that those provisions depend on those Articles fortheir application, shall cease to apply 2 years after the end of the relevantperiod referred to in paragraph 5. In such a case the Joint Committee shalladdress recommendations to the Union and to the United Kingdom on the necessarymeasures, taking into account the obligations of the parties to the 1998Agreement. Before doing so, the Joint Committee may seek an opinion frominstitutions created by the 1998 Agreement.

5.  For the purposesof this Article, the initial period is the period ending 4 years after the endof the transition period. Where the decision reached in a given period was onthe basis of a majority of Members of the Northern Ireland Assembly, presentand voting, the subsequent period is the 4 year period following that period,for as long as Articles 5 to 10 continue to apply. Where the decision reachedin a given period had cross-community support, the subsequent period is the8-year period following that period, for as long as Articles 5 to 10 continueto apply.

6.  For the purposesof paragraph 5, cross-community support means:

(a) a majority ofthose Members of the Legislative Assembly present and voting, including amajority of the unionist and nationalist designations present and voting; or

(b) a weightedmajority (60%) of Members of the Legislative Assembly present and voting,including at least 40% of each of the nationalist and unionist designationspresent and voting.

Article 19

Annexes

Annexes 1 to 7shall form an integral part of this Protocol.

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