Revisiting Brussels’ scrutiny of British state-subsidy decisions deemed reasonable
Prominent EU legal experts have backed the British government’s demand to rewrite a controversial section of the Brexit withdrawal agreement that gives Brussels potentially sweeping powers over UK state-aid decisions.
The intervention by George Peretz QC of Monckton Chambers and James Webber of Shearman & Sterling supports arguments made in July by Cabinet Office minister Lord David Frost that article 10 of the Northern Ireland protocol was now “redundant” and should be removed.
Expunging article 10 has long been a target of Brexiters in the Conservative party because it requires the UK government to refer any state-subsidy decision that might have an impact on goods trade between Northern Ireland and the EU for approval to the European Commission.
Frost demanded its removal alongside other sweeping proposed changes to the Northern Ireland protocol, which outlines post-Brexit trading arrangements for the region and took effect in January.
These provisions have caused tensions between the UK and the EU, contributed to the ousting of Arlene Foster as Northern Ireland’s first minister in April and were among factors blamed for rioting in the region at Easter.
Under the terms of the Northern Ireland protocol, all goods entering the region from Great Britain must follow EU rules and regulations, creating a border in the Irish Sea that Frost has repeatedly declared is “unsustainable” in its current form.
For the full article in pdf by Peter Foster in Brighton and Jim Pickard in London:
Trucks depart from the Port of Larne in Northern Ireland
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