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今日（2019年10月17日）下午，欧盟委员会主席容克宣布，欧盟与英国政府就英国“脱欧”达成协议！ 从2016年6月英国发起脱欧公投决定脱离欧盟开始起算至今，英国“脱欧”僵局连续持续了3年零4个多月，整个英国社会因为脱欧意见不一遭到严重撕裂，英国前任首相特蕾莎梅（Theresa May）也因为多个脱欧方案遭到否决在今年6月7日被迫辞职。英国脱欧将注定是国际上有重大影响的历史大事件！ 今天，英国和欧盟双方宣布达成“脱欧”协议不久，欧盟官方网站即全文公布了“脱欧”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
PROTOCOL ONIRELAND/NORTHERN IRELAND The Union and theUnited Kingdom, HAVING REGARD tothe historic ties and enduring nature of the bilateral relationship between Ireland and the United Kingdom, RECALLING thatthe United Kingdom's withdrawal from the Union presents a significant and unique challenge to the island of Ireland, and reaffirming that the achievements, benefits and commitments of the peace process will remain of paramount importance to peace, stability and reconciliation there, RECOGNISING that it is necessary to address the unique circumstances on the island of Ireland through a unique solution in order to ensure the orderly withdrawal of the United Kingdom from the Union, AFFIRMING thatthe Good Friday or Belfast Agreement of 10 April 1998 between the Government of the United Kingdom, the Government of Ireland and the other participants in the multi-party negotiations (the ‘1998 Agreement’), which is annexed to the British-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 1998 Agreement and is essential for achieving reconciliation and the normalisation of 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, will continue to enjoy, exercise and have access to rights, opportunities and benefits, and that this Protocol should respect and be without prejudice to the rights, opportunities and identity that come with citizenship of the Union forthe people of Northern Ireland who choose to assert their right to Irish citizenship, 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 ensure democratic 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 its guarantee 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 unfettered market access for goods moving from Northern Ireland to the rest of the United Kingdom'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 with applicable legislation and taking into account their respective regulatory regimes as well as the implementation thereof, RECALLING thecommitments of the Union and the United Kingdom reflected in the Joint Report from the negotiators of the European Union and the United Kingdom Government onprogress during phase 1 of negotiations under Article 50 TEU on the United Kingdom'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 thattherefore the United Kingdom's withdrawal from the Union gives rise to substantial challenges to the maintenance and development of North-South cooperation, RECALLING that the United Kingdom remains committed to protecting and supporting continued North-South and East-West cooperation across the full range of political,economic, security, societal and agricultural contexts and frameworks for cooperation, including the continued operation of the North-South implementation bodies, ACKNOWLEDGING theneed for this Protocol to be implemented so as to maintain the necessary conditions for continued North-South cooperation, including for possible new arrangements in accordance with the 1998 Agreement, RECALLING the Union's and the United Kingdom's commitments to the North South PEACE and INTERREG funding programmes under the current multi-annual financial framework and to the maintaining of the current funding proportions for the future programme, AFFIRMING the commitment of the United Kingdom to facilitate the efficient and timely transit through 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 the everyday life of communities in both Ireland and Northern Ireland, UNDERLINING their firm commitment to no customs and regulatory checks or controls and related physical infrastructure at the border between Ireland and Northern Ireland, RECALLING that Northern Ireland is part of the customs territory of the United Kingdom and will benefit from participation in the United Kingdom's independent tradepolicy, HAVING REGARD to the importance of maintaining the integral place of Northern Ireland in the United Kingdom’s internal market, MINDFUL that therights and obligations of Ireland under the rules of the Union's internal market and customs union must be fully respected, HAVE AGREED UPONthe 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 the constitutional status of Northern Ireland and the principle of consent, which provides that any change in that status can only be made with the consent of amajority of its people. 2. This Protocol respects the essential State functions and territorial integrity of the United Kingdom. 3. This Protocolsets out arrangements necessary to address the unique circumstances on theisland of Ireland, to maintain the necessary conditions for continued North-South cooperation, to avoid a hard border and to protect the 1998 Agreement in all its dimensions. Article 2 Rights ofindividuals 1. The United Kingdom shall ensure that no diminution of rights, safeguards or equality of opportunity, as set out in that part of the 1998 Agreement entitled Rights,Safeguards and Equality of Opportunity results from its withdrawal from the Union, including in the area of protection against discrimination, as enshrinedin the provisions of Union law listed in Annex 1 to this Protocol, and shall implement this paragraph through dedicated mechanisms. 2. The United Kingdom shall continue to facilitate the related work of the institutions and bodies set up pursuant to the 1998 Agreement, including the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland and the Joint Committee of representatives of the Human Rights Commissions of Northern Ireland and Ireland, in upholding human rights and equality standards. Article 3 Common Travel Area 1. The United Kingdom and Ireland may continue to make arrangements between themselves relating to the movement of persons between their territories (the ‘Common Travel Area’), while fully respecting the rights of natural persons conferredby Union law. 2. The United Kingdom shall ensure that the Common Travel Area and the rights and privileges associated there with can continue to apply without affecting the obligations ofIreland under Union law, in particular with respect to free movement to, from and 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 United Kingdom. Accordingly,nothing in this Protocol shall prevent the United Kingdom from including Northern Ireland in the territorial scope of any agreements it may conclude with third countries, provided that those agreements do not prejudice the application of this Protocol. In particular,nothing in this Protocol shall prevent the United Kingdom from concluding agreements with a third country that grant goods produced in Northern Ireland preferential access to that country’s market on the same terms as goods produced in other parts of the United Kingdom. Nothing in this Protocol shall prevent the United Kingdom from including Northern Ireland inthe territorial scope of its Schedules of Concessions annexed to the General Agreement 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 Ireland other than from the Union or from another part of the United Kingdom shall bethe duties applicable in the United Kingdom, not withstanding 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 purposes of the first and second subparagraph of paragraph 1, a good brought into Northern Ireland from outside the Union shall be considered to be at risk of subsequently 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 any subjecting of goods to operations other than for1 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 of preserving them in good condition or for adding or affixing marks, labels,seals or any other documentation to ensure compliance with any specific requirements.Before the end ofthe transition period, the Joint Committee shall by decision establish the conditions 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 the criteria for considering that a good brought into Northern Ireland from outsidethe Union is not at risk of subsequently being moved into the Union. The Joint Committee 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 the movement; and(d) the incentive forundeclared onward-movement into the Union, in particular incentives resulting from 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 inquantitative terms, under which certain fisheryand aquaculture products, as set out in Annex Ito 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.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 thisProtocol 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. 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. Democratic consent in Northern Ireland1. 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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