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The authorized recommendation is of limited scope and focuses solely on the authorized impact of the Irish protocol set out within the Brexit withdrawal settlement. Although the recommendation was ready on November 13, and therefore predates the withdrawal agreement between the EU and UK, it appears to be applicable to the ultimate text. At first reading at least, the recommendation appears to be sound. It accurately captures the legal state of affairs surrounding the Irish backstop – which is that a “single customs territory”, with its rights and obligations for Northern Ireland and Great Britain, will exist from the top of the Brexit transition period “unless and until” it’s outmoded by a subsequent agreement between the EU and the UK which ensures that there might be no hard border on the island of Ireland.
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