Brexit: EU says UK no-deal tariff plan is ‘illegal’ under WTO rules

Agriculture commissioner says plan is not compatible with WTO rules

Jon Stone
Europe Correspondent
Friday 15 March 2019 16:35 GMT
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EU Commissioner says no-deal tariff plans will breach WTO rules

The UK government’s no-deal Brexit tariff plan would be “illegal” under World Trade Organisation rules, the EU commissioner in charge of agriculture has said.

Phil Hogan characterised the British plan, which would see no duties levied on goods entering Northern Ireland across the border, as “a political stunt, pure and simple”.

“Our initial assessment is that the proposal is illegal. It is not compatible with WTO rules and it’s the start of a process where they’ll have to get approvals,” he told reporters in Dublin.

“If they want to operate on the basis of being in defiance of well-established WTO rules well then that’s their decision. But ultimately that will not succeed because they will be taken to a panel of dispute settlement.”

The commissioner, who is Ireland’s member on the EU’s executive, added: “I think the timing of it was unfortunate and it was a deliberate attempt to put Ireland more on the agenda, as if it wasn’t on the agenda already.”

He claimed that the “stunt” was an attempt by the UK to “weaken the unity of the EU26 in relation to the Irish backstop”.

The UK plan would mean that 82 per cent of imports from the EU would be tariff-free, down from 100 per cent now.

Imports from the rest of the world would be 92 per cent tariff-free, up from the current 56 per cent.

The WTO’s “most favoured nation” rule, which the UK would have to follow after Brexit, means that countries must treat other WTO members equally in terms of tariffs and quotas, unless they have a recognised free trade agreement in place.

The UK proposal would kick in if no deal is ratified between the EU and UK, and negotiations are not revoked or extended. If the withdrawal agreement is approved there will be a transition period under which the terms of trade do not change.

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