Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, whether the common rulebook for goods proposed in the White Paper, The future relationship between the United Kingdom and the European Union, Cm9593, will cover all goods (a) produced in, (b) imported to and (c) exported from the UK.
Answered by Suella Braverman
The UK has proposed that a common rulebook for goods including agri-food should underpin the UK-EU free trade area. As set out in the White Paper, the common rulebook would cover those rules which are necessary to provide for frictionless trade at the border between the UK and EU.
In the case of manufactured goods, this encompasses all rules that could be checked at the border, as they set the requirements for placing manufactured goods on the market. For agricultural products, food and drink, this includes relevant Sanitary and Phytosanitary (SPS) rules, but excludes those relating to wider food policy.
With regards to goods exported from the UK to countries outside of the EU, UK firms will, as now, be able to manufacture products that meet the regulatory requirements of those countries.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to sub-paragraph 30(b)(iii) of Chapter Four of the White Paper, The future relationship between the UK and the EU, Cm. 9593, published on 12 July 2018, what the independent arbitration mechanism will be.
Answered by Suella Braverman
As set out in section 4.5.1 of the White Paper, the UK has proposed that in those few circumstances where informal discussion does not resolve a particular issue, a formal dispute should be raised in the Joint Committee.
Should efforts to resolve a dispute by negotiation fail after a defined period of time, it would make sense in some cases for either party to have the option of referring the issue to an independent arbitration panel, which would include members from both parties. The precise arrangements for the arbitration mechanism will be subject to negotiations with the EU.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to sub-paragraph 30(b)(iv) of Chapter Four of the White Paper, The future relationship between the UK and the EU, Cm. 9593, published on 12 July 2018, what those rebalancing measures are.
Answered by Suella Braverman
Rebalancing measures would be designed to mitigate any imbalance created when one party has a different set of rules that create a competitive advantage.
As set out in sub- para 30(a)(ii) and 30(b)(iv) one such example would be financial compensation. Ultimately measures are a matter for negotiation.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to sub-paragraph 30(a)(ii) of Chapter Four of the White Paper, The future relationship between the UK and the EU, Cm. 9593, published on 12 July 2018, what those rebalancing measures are.
Answered by Suella Braverman
Rebalancing measures would be designed to mitigate any imbalance created when one party has a different set of rules that create a competitive advantage.
As set out in sub- para 30(a)(ii) and 30(b)(iv) one such example would be financial compensation. Ultimately measures are a matter for negotiation.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to sub-paragraph 25(a) of Chapter Four of the White Paper, The future relationship between the UK and the EU, Cm. 9593, published on 12 July 2018, by what means he plans to achieve the goal of consistent interpretation of the common rulebook.
Answered by Suella Braverman
In those areas where the UK agrees to retain a common rulebook, it will be important for businesses and citizens that they are interpreted and applied consistently. To ensure this, the UK has proposed that: its courts will pay due regard to the relevant Court of Justice of the European Union (CJEU) case law when deciding a case relating to these rules; and where there is a dispute between the UK and the EU, the Joint Committee or an independent arbitration panel will be able to ask the CJEU to give an interpretation of a common rule. This is a recognition of legal fact - no other court can bind the EU on the meaning of EU law.
The UK has also proposed that the Joint Committee should keep under review the case law of both the senior courts of the UK and the CJEU, where this was relevant to the interpretation of the agreements. If significant divergences were found between respective courts’ interpretation of the agreements, the Joint Committee could be empowered to act to preserve the consistent interpretation of the agreements.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 5 of Chapter Four of the White Paper, The future relationship between the UK and the EU, Cm. 9593, published on 12 July 2018, what the proposed agreements with the EU are which are there referred to; and which of those agreements are expected to be legally binding.
Answered by Suella Braverman
As set out in Paragraph 5 of Chapter 4, the details of each individual agreement will be subject to negotiation with the EU. Some will be legally binding, for instance, components of the economic partnership such as a core Free Trade Agreement (FTA) and various agreements that will comprise the security partnership.
Whether an agreement should be legally binding is ultimately dependent on the substance, which can only be determined through negotiations.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 140 of the White Paper, The future relationship between the UK and the EU, Cm. 9593, published on 12 July 2018, which EU laws are included in the common rulebook with the EU on technical rules for electricity trading.
Answered by Suella Braverman
The UK would need a common rulebook with the EU on the technical rules for electricity trading, such as the market coupling mechanism. The precise contents of the common rulebook will be subject to negotiation.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 7(a) of the White Paper, The future relationship between the UK and the EU, Cm 9593, which rules will be included in the category of necessary to provide frictionless trade at the border.
Answered by Suella Braverman
As set out in the White Paper, we are proposing a UK-EU free trade area for goods, underpinned by an upfront commitment to a common rulebook on goods, including agri-food, and a Facilitated Customs Arrangement to avoid customs checks and controls at our borders.
In the case of manufactured goods, this encompasses all rules that could be checked at the border, as they set the requirements for placing manufactured goods on the market. For agricultural products, food and drink, this includes relevant Sanitary and Phytosanitary (SPS) rules, but excludes those which relate to wider food policy or domestic production.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 47 of Chapter Four of the White Paper, The future relationship between the United Kingdom and the European Union, Cm. 9593, published on 12 July 2018, what the financial penalties will be.
Answered by Robin Walker
Once an agreement is reached between the UK and the EU on the shape of the future relationship, there is no reason to expect that either party will break the commitments the UK and the EU have made to each other. However, as is normal in international agreements, the UK and the EU will still need to agree on what should happen if one party is in breach of the agreements.
As the White Paper says, suspension measures should be rarely used, and when used should be limited, with priority given to those non-compliance measures which cause least damage to the functioning of the agreement. A financial penalty is another potential non-compliance measure. By way of example, the US has included financial compensation in eleven free trade agreements, including US-Australia and US-South Korea. Any non-compliance measures taken should end once any non-compliance has ended and where there is ongoing non-compliance measures should be renewed by notifying the Joint Committee.
Asked by: Theresa Villiers (Conservative - Chipping Barnet)
Question to the Department for Exiting the European Union :
To ask the Secretary of State for Exiting the European Union, with reference to paragraph 47 of Chapter Four of the White Paper, The future relationship between the United Kingdom and the European Union, Cm. 9593, published on 12 July 2018, what the obligations are which could be suspended.
Answered by Robin Walker
Once an agreement is reached between the UK and the EU on the shape of the future relationship, there is no reason to expect that either party will break the commitments the UK and the EU have made to each other. However, as is normal in international agreements, the UK and the EU will still need to agree on what should happen if one party is in breach of the agreements.
As the White Paper says, suspension measures should be rarely used, and when used should be limited, with priority given to those non-compliance measures which cause least damage to the functioning of the agreement. A financial penalty is another potential non-compliance measure. By way of example, the US has included financial compensation in eleven free trade agreements, including US-Australia and US-South Korea. Any non-compliance measures taken should end once any non-compliance has ended and where there is ongoing non-compliance measures should be renewed by notifying the Joint Committee.