Category Archives: Ireland/Northern Ireland Protocol

Sweet failure: British Sugar fails to persuade the High Court that the sugar advance tariff quota breaches Article 10 of the Protocol or the subsidy control provisions of the TCA

The judgment of Foxton J in R(British Sugar) v Secretary of State for International Trade[2022] EWHC 393 (Admin) is the first judicial consideration of the impact of Article 10 of the Ireland/Northern Ireland Protocol, which (as discussed here) applies EU … Continue reading

Posted in Brexit issues, EU/UK Trade and Cooperation Agreement, Free Trade Agreements, Ireland/Northern Ireland Protocol, New UK subsidy control regime, UK case, WTO anti-subsidy rules | Comments Off on Sweet failure: British Sugar fails to persuade the High Court that the sugar advance tariff quota breaches Article 10 of the Protocol or the subsidy control provisions of the TCA

The UK’s Proposed Revisions to Article 10 of the Northern Ireland Protocol: a Sensible Basis for Negotiation

This post, written by George Peretz Q.C. of Monckton Chambers and James Webber of Shearman & Sterling, assesses the UK’s proposed revisions to Article 10 of the NI Protocol. Introduction Subject to the qualification that it applies only to “measures which affect that … Continue reading

Posted in Brexit issues, EU/UK Trade and Cooperation Agreement, Ireland/Northern Ireland Protocol, Legislation, New UK subsidy control regime | Comments Off on The UK’s Proposed Revisions to Article 10 of the Northern Ireland Protocol: a Sensible Basis for Negotiation

Taking advantage of the opportunity presented by the UK’s new subsidy control regime – by James Webber (partner, Shearman & Sterling)

The Trade and Cooperation Agreement (TCA) represents a deregulation of subsidy control in Great Britain on a massive scale.  Under a new reformed regime, the UK can: simplify and speed up approvals for productivity-enhancing projects, helping to attract globally mobile … Continue reading

Posted in Brexit issues, EU/UK Trade and Cooperation Agreement, Ireland/Northern Ireland Protocol, Legislation, New UK subsidy control regime | 1 Comment

EU Commission issues “Notice to Stakeholders” on Brexit and State aid

On 18 January, the Commission issued a Notice to Stakeholders setting out its view of the current legal position in relation to Brexit and State aid. (The Notice is not, I think, to be found anywhere on the DG Comp … Continue reading

Posted in Brexit issues, Ireland/Northern Ireland Protocol, Uncategorized | Comments Off on EU Commission issues “Notice to Stakeholders” on Brexit and State aid

Does Covid-19 provide the UK with a basis for denouncing the Northern Ireland Protocol?

In a recent blog post for Global Vision, Professor David Collins argued that the Covid-19 crisis provides a basis in international law for the United Kingdom to withdraw from the Ireland/Northern Ireland Protocol (“the Protocol”), which forms part of the Withdrawal … Continue reading

Posted in Brexit issues, Ireland/Northern Ireland Protocol | Comments Off on Does Covid-19 provide the UK with a basis for denouncing the Northern Ireland Protocol?

BEIS responds to the House of Lords EU Committee letter on level playing field issues

The House of Lords EU Committee yesterday published BEIS’ response to the Committee’s letter on the Government’s position on level playing field commitments – a key issue in the negotiations between the United Kingdom and the EU on their future relationship. … Continue reading

Posted in Brexit issues, Ireland/Northern Ireland Protocol | 1 Comment

House of Lords EU Internal Market Select Committee writes to BEIS about the UK anti-subsidy regime after transition

On 2 April, the House of Lords EU Internal Market Sub-Committee wrote to Paul Scully MP, the Minister for Small Business, Consumers and Labour Markets about the Government’s plans for a UK subsidy regime after Brexit and the Goverment’s approach … Continue reading

Posted in Brexit issues, Ireland/Northern Ireland Protocol | Comments Off on House of Lords EU Internal Market Select Committee writes to BEIS about the UK anti-subsidy regime after transition