Brexit and Ireland

On 23rd June 2016 voters in the United Kingdom decided in a referendum to leave the European
Union. The UK officially notified the European Council of its intention to leave on 29th March
2017.
The notification triggered Article 50 of the Treaty on European Union and paved the way for
negotiations on a Withdrawal Agreement, which came into force on 1st February 2020. This was
followed by a transition period that allowed for an orderly UK exit and provided time to negotiate a
new EU/UK partnership.
The transition period ended on 31st December 2020 and relationships between the European Union
and the United Kingdom are now provisionally based on four treaties, most notably the Withdrawal
Agreement and the EU-UK Trade and Cooperation Agreement.
The UK has lost the rights and benefits it had as an EU Member State and it is no longer a part of
the EU’s Single Market and Customs Union or covered by the EU’s international agreements.
While the European Union respects the UK’s decision to leave, Brexit regrettably has far-reaching
consequences for citizens, businesses, public administrations and stakeholders in both the EU and
the UK.
EU-UK Trade and Cooperation Agreement Search for available translations of the preceding linkEN •••
 Protocol on Ireland/Northern Ireland
The Withdrawal Agreement includes a Protocol on Ireland and Northern Ireland that’s designed to
prevent a hard border on the island. This Protocol came into force on 1st January 2021.
The protocol was a major priority during Withdrawal Agreement negotiations and it required a
creative, workable solution to protect the all-island economy and the Good Friday (Belfast)
Agreement.
Brexit has made frictionless trade between the EU and the UK impossible but the Protocol is a
complex system that allows Northern Ireland to remain in the UK customs territory and, at the same
time, benefit from access to the Single Market.
It contains provisions that protect unique circumstances on the island of Ireland such as
continuation of the Common Travel Area between Ireland and the UK.
It also allows for crucial North-South cooperation in areas such as agriculture, transport, education,
tourism and ensures the Single Electricity Market is preserved.
The PEACE funding programmes that support peace and reconciliation and promote economic and
social progress in Northern Ireland and the Border Regions of Ireland are also continuing.
The Protocol includes a consent mechanism that gives the elected representatives of Northern
Ireland's Legislative Assembly the right to decide whether to continue applying the system or not.
Apart from the Protocol, Ireland will receive assistance to help mitigate the financial consequences
of Brexit through the Brexit Adjustment Reserve. This funding source is worth €5.37 billion and it
will provide support to Member States, regions and sectors worst affected by Brexit.
The European Commission has proposed that €4.24 billion of the funding be allocated from 2021,
with the remainder distributed in 2024 after the full impact of Brexit has been assessed. As the
Member State most impacted by the UK’s decision to leave the EU, Ireland can expect to be
allocated a substantial amount of the funding.
Protocol elements
• The protocol guarantees that there won’t be a hard border on the island of Ireland, including any
physical infrastructure or related checks and controls.
• However, checks and controls will take place on goods entering Northern Ireland from the rest of
the UK. For example, food products and live animals have to be checked to see if they meet sanitary
and phytosanitary (SPS) requirements.
• Any necessary checks will take place at Northern Ireland's entry point, away from the island’s land
border. Risk controls, if required, may be carried out in Dublin and other EU entry points.
• All checks on goods entering Northern Ireland from the rest of the UK will be carried out by UK
authorities with appropriate supervisory and enforcement mechanisms for the EU.
• EU customs duties apply to goods entering Northern Ireland unless it can be demonstrated that there
is no risk of them entering the EU's Single Market.
• EU customs formalities and procedures apply to goods brought into Northern Ireland from outside
the EU or exported from Northern Ireland.
• EU VAT and excise rules apply to goods entering (or leaving) Northern Ireland from (or to) the rest
of the UK.
• A Specialised Committee on the implementation and application of the Protocol has been
established. It’s one of six Specialised Committees that make recommendations to a Joint
Committee composed of representatives from the EU and the United Kingdom that is responsible
for overseeing the Withdrawal Agreement.
• The Joint Committee sets out a framework of conditions under which goods are considered not to
be at risk of entering the EU's Single Market.
Brexit consequences
• While much has been done to mitigate the impact of Brexit for Irish businesses and citizens through
the Protocol, some consequences can’t be avoided.
• Online consumers may have to pay VAT, Customs Duty or both when purchasing from the UK,
depending on the value and origin of the goods.
• EU consumer protection legislation may no longer apply when buying from the UK. Instead,
consumer rights are set down in UK law.
• Businesses importing or exporting goods to the UK (apart from Northern Ireland) now need to
register for Customs. VAT rules of trade with a third country now apply to trade with the UK.
• Northern Ireland is treated as a Member State with regard to VAT on goods, but not on services.
• People born in Northern Ireland who retain their right to be Irish citizens will also retain their EU
citizenship so they still have the right to live, work and study in an EU country without a visa and
with no time limit.
• Mobile phone roaming charges for Irish customers travelling to the UK are no longer guaranteed by
EU regulations.
• The Common Travel Area between Ireland and the UK continues to be recognised along with the
rights it grants to Irish and British citizens. This includes the right for Irish and UK citizens to live,
travel, work and study within the Common Travel Area. However, these rights do not extend to EU
citizens resident in Ireland.
• There are no passport controls in operation for Irish and UK citizens travelling in either direction.
However, you may be asked by an immigration officer to prove you are a citizen of Ireland or the
UK, so all citizens should carry a passport.
• Goods moving between Ireland and Northern Ireland will not have any Customs, tariffs, or other
restrictions placed on them.
• Goods moving from Northern Ireland to another part of the UK and vice versa now require
additional paperwork and checks.
Protocol on Ireland and Northern Ireland Search for available translations of the preceding linkEN •••
PEACE funding programmes
Brexit Adjustment Reserve Search for available translations of the preceding linkEN •••

EU-UK Trade and Cooperation Agreement

There are now four treaties that govern relations between the EU and the UK. Most people will
already have heard of the Withdrawal Agreement but the EU-UK Security of Information
Agreement and the EU-UK Agreement on cooperation in the safe and peaceful uses of nuclear
energy are also both now in force.
The former sets out rules around the exchange of classified information that can help strengthen
security and prevent acts of terrorism, while the latter ensures safety and collaboration when it
comes to nuclear energy.
The treaty most citizens and businesses will be impacted by is the EU-UK Trade and Cooperation
Agreement. It includes a new Free Trade Agreement, with ambitious cooperation on economic,
social, environmental and fisheries issues.
It doesn’t match the level of economic integration that existed while the UK was an EU Member
State but it does provide for zero tariffs and zero quotas on all goods that comply with the
appropriate rules of origin.
It includes commitments from both sides to maintain high levels of protection in areas such as
climate change, social and labour rights, tax transparency and the use of State aid to provide unfair
market advantage.
There is also a new framework for the joint management of fish stocks in EU and UK waters and
the agreement allows for continued and sustainable air, road, rail and maritime connectivity.
The agreement includes a new arrangements for law enforcement and judicial cooperation in
criminal and civil law matters. This security partnership recognises the need for strong cooperation
between national police and judicial authorities, in particular for fighting and prosecuting cross-
border crime and terrorism.
The treaty has a dedicated chapter on governance that provides clarity on how the Trade and
Cooperation Agreement will be operated and controlled. A Joint Partnership Council has been
established to make sure the Agreement is properly applied and interpreted, and in which all arising
issues will be discussed.
EU-UK Security of Information Agreement  Search for available translations of the preceding linkEN •••

Free Trade Agreement

Citizens' rights
There couldn’t have been a Withdrawal Agreement without the Protocol for Ireland and Northern
Ireland, but another top EU priority in the negotiations was protecting citizens who have built their
lives on the basis of rights flowing from UK membership of the EU.
While Northern Ireland will no longer be part of the EU, its people who choose to be Irish citizens
will still be EU citizens. That means they can continue to move and live freely within the EU and
the UK has committed to upholding their rights.
The Withdrawal Agreement provides legal certainty for EU citizens residing in the UK, as well as
UK nationals who were residing in one of the 27 EU Member States at the end of the transitional
period on 31st January 2020.
It also protects their family members (such as current spouses and registered partners, parents,
grandparents, children, grandchildren and a person in an existing durable relationship) who are
granted rights under EU law to join their family member in the future.
The conditions of residence for these citizens are the same as those under current EU law on free
movement. In general, this means citizens must be workers or self-employed, have sufficient
resources and sickness insurance or have already acquired the right of permanent residence.
The implementation and application of citizens' rights in the EU will be monitored by the European
Commission, and in the UK by an independent national authority.
The rights of Irish citizens to live, work and access public services in the UK are protected under
the Common Travel Area arrangement.

The withdrawal of the United Kingdom from the European Union (a move known as "Brexit")
formally occurred on January 31, 2020. Following that departure is a transition period lasting until
December 31, 2020, during which the U.K. and E.U. will negotiate the terms of their future
relationship. This article has been updated as of the January 31st withdrawal, and you can find up-to-
date information about details of the transition on the U.K.'s government website.
 Object 1

Background
It all began after the election victory for Conservative Prime Minister David Cameron, who returned
to 10 Downing Street without the pesky Liberal Nick Clegg. The referendum on a British exit from
the European Union (Brexit, for short), was already looming, then set for June 23rd, 2016. On June
24th the surprising result was declared - 51.89% of those who decided to cast a vote in the
referendum, voted to leave the European Union. This led to the quick demise of Cameron as a
political figure and (after some highly theatrical backstabbing) election of Theresa May as
Conservative Party Leader and Prime Minister. 

May then declared that she would invoke Article 50 of the Treaty of European Union, the legal
instrument to pull a country out of the EU. What did not sit well with other member states was the
demand that the UK be granted special rights, though they would not be a part of the EU any longer.
Eventually, unable to reach a deal, Theresa May was replaced by Boris Johnson. A snap election in
late 2019 cemented Johnson as the man who would orchestrate Brexit, and the (much extended)
deadline for the UK to leave is now rapidly approaching without a final approved deal in sight.

Object 2

So why would this be so important for the Republic of Ireland. Mainly because Northern Ireland and
the Republic of Ireland have a long, tenuous history and a long, winding border. Whatever is decided
by Brexit could change the whole concept of cross-border travel situation in Ireland, as well as
impact trade between the two countries on one small island.

Object 3

How Brexit Evolved

First, we had the "Grexit" as a scary European Union prospect. This was the potential leaving (or
dismissal) of Greece from Eurozone and/or EU. Then the spectre of "Brexit" began to loom, even
more dramatic. This was not because actually wanted to get rid of the United Kingdom, but because
some EU-sceptics within the UK began to gain more and more ground as they touted the poor
economic situation in Greece as pulling everyone else down. This did not just occur with the much-
hyped appearance of the UKIP party that backed Brexit, but also within more mainstream parties.
So mainstream, indeed, that PM Cameron, after just surviving the Scottish independence
referendum with the United Kingdom intact (though the absolutely massive gains of the Scottish
National Party SNP seem to paint a slightly different picture), committed himself to holding a
referendum on whether the European Union should be partially dismantled. This would mean
Britain (or rather the UK, but "Ukexit" doesn't sound quite so good) leaving it. However, this option
did not align with the wishes of all parts of the UK- both Scotland and Northern Ireland voted to
remain in the EU.

The truth is, there is no iron control within the EU, and every state is free to let its membership lapse.
Or it can, in special circumstances, be asked to leave very quickly. However, Brexit took many years
to negotiate.

Brexit Without Ireland?

The Republic of Ireland is not a part of the UK, but it applied with United Kingdom for EU
membership at the same time in the 1960s. The countries all also finally joined together at the same
time in 1973, bringing all Ireland into the union. Ever since then, there seems to be a mental image of
the two being a "package" hovering about. This, however, is not the case. Both the Republic of
Ireland and the UK are independent, sovereign states, and there is no clause that binds one to the
other in EU regulations.

The use of the Euro is probably the best example. The Republic of Ireland was amongst the first
members of the Eurozone to adopt the currency, while the United Kingdom retained the Pound
Sterling as an independent currency. So, obviously, separate ways are possible.

But are they desirable?

When it comes down to the facts, Ireland will be a part of Brexit in a way. At least, this will be true for
the six counties that make up Northern Ireland, a country that is a part of the United Kingdom.
Ireland After Brexit
The official withdrawal took place on January 31, 2020, and changes are likely to roll out over time.
For one, the Republic of Ireland will suddenly have to face the fact that the border to Northern
Ireland will also be an "outer border" of the EU, requiring much more control, security, and
paperwork than currently (i.e. virtually none). This has been a major part of the negotiation process
because the border is long, winding, and currently laxly controlled in many areas.

The buying and selling of goods in the other jurisdiction will be subject to new laws, and tariffs, as
well. There will be no more stocking up with cheap alcohol "up North" unless you are prepared for
multiple border crossings.

Mentioning multiple border crossings - traffic in the border region will, more than likely, become a
nightmare. With roads crossing and recrossing the border, nobody will want to face checkpoints
every five minutes. And as money for new roads is sparse, winding back roads will become major
traffic arteries.

As to the economy overall, now with Brexit, international companies will have to decide where to
locate with greater care. Northern Ireland will no longer be a heavily subsidized gateway to Europe
(as in EU), and the Republic of Ireland will be no tax-friendly gateway to the UK market either.

Brexit and the Tourist

Now here's the other question: will Brexit have a huge impact for tourists heading to visit Ireland?

In my opinion, the consequences for foreign visitors will be next to zero, if you disregard the re-
established immigration and customs controls, and the associated planning of driving times from,
say, Belfast to Dublin. Yes, you will have to go through a few bottlenecks but this will have such a
small impact on the big picture that you do not need to fret about it.

As for all other important things, these will not change. Travelers to and in Ireland will still need to
be aware that

•visas for one jurisdiction are not automatically valid in the other,
•there are two currencies in use, the Euro and the Pound Sterling,
•speed restrictions and distances will still be in miles in the UK, in kilometers in the Republic of
Ireland.

We have lived with these for ages, so Brexit will not be all that revolutionary.