“Rishi & Ursula’s Non-Flying Circus” – The Big Tent collapses on the first night

EXCLUSIVE : Facts4EU.Org provides a definitive guide to the reality – not yesterday’s circus

Montage © Facts4EU.Org 2023

Forget the brochure and the spin, here is what the EU says – and it’s a different show

What happened in Windsor and Westminster yesterday was a masterful example of political spin – exactly as we predicted. This was circus entertainment, carried wall-to-wall on all TV news channels.

A brochure was then published entitled “The Windsor Framework”, (funny how this was ready within minutes of the announcement that final negotiations between Rishi Sunak and Ursula von der Leyen had concluded), and the circus had started.

Please note: What was produced yesterday has no legal authority. It is merely a “political agreement in principle”. (The EU’s own words.)

Most people just want to know the facts, not the spin, and these are what we bring you this morning.

The Brexit Facts4EU.Org team has worked through the night to bring these facts to readers - and the facts bear little resemblance to what the public were told yesterday. Below we have only highlighted some of these to present a report short enough that people will read it.

Brexit Facts4EU.Org Executive Summary

This show must not go on

Foreign (EU) law continues to apply in a sovereign part of the United Kingdom
The 'Windsor Framework' is not a legal agreement, merely a 'political agreement in principle'
EU's product labelling demands are so onerous and expensive, many companies will not be able to supply NI
Physical checks on products between GB and NI are still demanded
Medicines will have to have expensive NI-only packaging to be available in NI
Parcels - only large companies like DHL will be able to afford to takes parcels to NI
EU has imposed restrictions on UK's ability to apply the same lower VAT in NI as in GB
The 'Stormont brake' can only be used "in the most exceptional circumstances"
State Aid : Windsor Framework doesn't "modify the substance of Article 10(1) nor restrict its application"
EU will only drop its seven legal proceedings against the UK when the UK has complied with all the EU's demands

It is ESSENTIAL that our report gets wide coverage, before the general public forms a positive impression of yesterday’s “result” as presented by the EU Commission President and the British Prime Minister, and which the pro-EU biased media will exploit.

Here is the reality, not the spin – all from the EU Commission itself

What follows are the EU Commission’s own words, unaltered, but selected for their relevance to most people. Overnight the Facts4EU research team analysed all the (numerous) documents which came out of Brussels yesterday afternoon and evening. The most eye-catching sections are presented below.

Brexit Facts4EU.Org Summary

“Has the role of the Court of Justice of the European Union changed?”

“There is no change to the role of the Court of Justice of the European Union. The Court of Justice remains the sole and ultimate arbiter of EU law.”

- EU Commission document, published early evening, Mon 27 Feb 2023

1. GENERAL

“A political agreement in principle between the European Commission and the UK government has been reached on the Windsor Framework”.
“The solutions strike the right balance between flexibilities and effective safeguards for the protection of the EU Single Market.”
“These arrangements will also provide for a new emergency brake mechanism - the Stormont Brake …. This mechanism would be triggered under the most exceptional circumstances and as a matter of last resort…”
“The Windsor Framework has been fully carried out within the framework of the Withdrawal Agreement, of which the Protocol is an integral part…. The possibility to amend the Protocol in this way can only be done for a period of four years after the end of the transition period (i.e. until end 2024). All new arrangements fall within this pre-established framework.

2. FOOD AND SUPERMARKETS

“Several safeguards have been agreed to protect the integrity of the EU Single Market:
“The UK is constructing operational SPS Inspection facilities and provide EU representatives with access to relevant UK IT databases.”

EU's demands on labelling foodstuffs in supermarkets

‘Not for EU' labelling is a very important safeguard to protect the EU Single Market. The Commission and the UK government have agreed on requirements for the labelling of agri-food retail goods at different levels: individual, box, shelf signs and posters.”

‘Not for EU' labelling is a very important safeguard to protect the EU Single Market. The Commission and the UK government have agreed on requirements for the labelling of agri-food retail goods at different levels: individual, box, shelf signs and posters.”
“There is no dual regulatory regime. While UK public health standards will apply to goods entering Northern Ireland from Great Britain, EU requirements for animal health and plant health remain fully in place..”

What are the rules for official controls and checks?

“From 1 October 2023, the frequency rate of identity checks will be down to 10% of all consignments of retail goods. That frequency rate will be further reduced to 8% by 1 October 2024 when all milk and dairy products are individually marked. From 1 July 2025, that frequency rate will be furthermore reduced to 5% of all consignments of retail goods – this is when all retail goods are individually marked.”
“In addition, physical checks will be carried out in conjunction with those identity checks using, in particular, a risk-based and intelligence-led approach.”

3. MEDICINES

“The new rules go hand in hand with appropriate safeguards to ensure that UK authorised medicines do not end up on the market of any EU Member State.
"Individual packs of all medicines placed on the Northern Ireland market should thus bear a label indicating “UK only”…and the Commission will be able to unilaterally suspend the new rules in case the UK does not comply with its obligations.”

4. PARCELS

“Business-to-consumer (“B2C”) parcels, e.g., a person in Northern Ireland ordering a product online from an e-commerce platform, sent by direct transport from Great Britain to Northern Ireland, will benefit from simplified customs processes compared to normal freight. This will be achieved through the involvement of fast parcel operators (e.g., DHL or UPS), and other economic operators sending parcels (e.g. Amazon) registered as authorised carriers. This also concerns the UK's designated postal service (Royal Mail).”
“Business-to-Business (“B2B”) parcels will enjoy the same facilitations as for normal freight movements if one of the businesses is a trusted trader.”
“The EU will have near real-time access to the relevant UK customs databases and IT systems used to record movements of goods between Great Britain and Northern Ireland. If risks are detected, EU representatives can request UK customs officials to stop and check the goods. In case the EU no longer has access to such databases and IT systems, or in case the trusted trader scheme is seriously mismanaged, the EU can suspend the entire scheme”.

5. GOVERNANCE

“The Stormont Brake is a new emergency mechanism that will allow the UK government, at the request of 30 Members of the Legislative Assembly in Northern Ireland (Stormont), in the most exceptional circumstances, as a last resort as set out in a unilateral UK Declaration, to stop the application of amended or replacing provisions of EU law…”
“In short, the Stormont Brake can be triggered only after having used every other available mechanism…”
“If the Parties cannot agree either to add an amended or replacing act or to other measures to ensure the proper functioning of the Protocol, the EU can take appropriate remedial measures, as is the case under Article 13(4) of the Protocol.”

The Rt Hon Sir John Redwood MP commented on the our report saying:-

“We do need to examine the EU view of this Agreement and take legal advice on how it might operate. I have asked how the EU will decide which laws to impose on Northern Ireland and what influence if any the UK would have on that. I have also asked for more detail on how our freedom to set VAT and Excise taxes for NI would be limited under the Agreement. The issues are not just ones about GB to NI trade, but about who makes the laws and imposes the taxes.”

6. VAT AND EXCISE

“First, the Commission and the UK government have agreed that the UK can apply reduced VAT rates on goods supplied and installed in immovable property (e.g. a heat pump for a house or a wind turbine for a residential property) located in Northern Ireland…”
“Second, the UK does not need to apply the special EU VAT scheme for small enterprises in Northern Ireland. From 1 January 2025, this scheme will allow EU Member States to exempt small businesses from VAT, provided that such businesses' annual turnover does not exceed a set EU-wide threshold.”
“When the UK applies its own VAT exemption scheme for small enterprises, they will still need to respect EU rules on the annual turnover threshold.”
“The Commission and the UK government have agreed that the UK may be able to tax all alcoholic beverages based on their alcoholic strength in Northern Ireland … The UK will not be able to apply any duty rate below the EU minima.” “… small producers of alcoholic beverages in Northern Ireland will not benefit from mutual recognition procedures provided by EU law and the UK will not be able to set duty rates for small producers below EU minima rates.”
“Each solution in the areas of VAT and excise come with conditions and safeguards as described above. Furthermore, the solutions cannot negatively affect the EU Single Market…”

7. CUSTOMS

“… goods moving from Great Britain to Northern Ireland that are destined for the EU or at risk of entering the EU will be subject to full customs checks and controls.”
“Freight: Goods not at risk of entering the EU will benefit from an unprecedented reduction, although not a full eradication, of customs requirements for traders moving goods by direct transport from Great Britain to Northern Ireland.”

“To benefit from these customs facilitations, traders must become trusted traders.”
“Parcels: Facilitations will also be provided when trusted traders send or receive goods via business-to-business (B2B) parcels that are moved by direct transport from Great-Britain into Northern Ireland.
… provided that the parcels are shipped by Authorised Carriers…”
“Yes, the trusted trader scheme can be suspended in a number of scenarios, both by the EU or the UK. The EU can suspend it if: 1) the UK fails to provide the EU with access to the relevant UK IT customs systems and databases, or 2) the UK does not live up to the commitments it undertook when setting up the trusted trader scheme. These measures will allow the EU to react quickly to protect the integrity of the EU Single Market. If the trusted trader scheme is suspended, goods cannot be moved between Great Britain and Northern Ireland based on the customs facilitations granted to operators under the scheme.”

What is the difference between the existing trusted trader scheme and the new one?

“…applicants will have to prove that they are of good financial standing, that they have a clear understanding of their obligations under the scheme and that they are able to correctly identify the goods they move to Northern Ireland, in particular as regards goods that need to be declared with a higher level of detail.”
“Goods moved by trusted traders in Northern Ireland will be subject.. to a drastically reduced number of data (21 data elements instead of more than 80 data elements normally required for a standard customs declaration).”

8. STATE AID

“Article 10(1) of the Protocol makes EU State aid rules applicable in Northern Ireland. The Joint Declaration neither modifies the substance of Article 10(1) nor restricts its application.”
“This Joint Declaration … therefore does not carve out any subsidies that previously fell within the scope of Article 10(1).”

Jim Allister, Leader of the Traditional Unionist Voice party in Northern Ireland, commented on our report:-

“Excellent report, shining the spotlight of scrutiny on the fine print of the deal.

“All in all, for anyone whose compass is set by sovereignty considerations and whose goal is the strengthening, not weakening, of the Union with GB, this is a deal which falls far short. The EU graciously allowing us to transport our pets comes no where close to the UK recovering sovereignty over this part of the United Kingdom.

“As for it being enough to cause Unionists to give up its Stormont leverage and settle for this deal, which comes with the added packaging of a Sinn Fein First Minister, then, no thanks!”

9. NEXT STEPS

“A meeting of the Withdrawal Agreement Joint Committee will take place in the coming weeks to adopt the necessary measures, translating the relevant joint solutions into legally binding commitments by making full use of its powers under the Withdrawal Agreement.”
“The new arrangements are incompatible with the Northern Ireland Protocol Bill. The UK Government has agreed not to proceed with the Bill so that it will fall in the UK Parliament at the end of the Parliamentary session.”

10. EU'S SEVEN INFRINGEMENTS PROCEEDINGS AGAINST THE UK

“These arrangements, when implemented, mean that there will no longer be grounds for the existing Commission legal proceedings against the United Kingdom relating to the Protocol on Ireland / Northern Ireland.”

Observations

Has the EU made concessions on some of the most outrageous elements of the NI Protocol? Yes. However these do not go nearly far nor deep enough.

It is simply unacceptable for the EU to continue to act as a colonial power in Northern Ireland. Its vindictive, weaponising strategy over the Province has gone on long enough.

In our report above we ignored the spin from the events yesterday and looked at the EU Commission's own documents released late yesterday to gain an insight into how it was interpreting the new 'Windsor Framework'. These alone make for chilling reading. We can only imagine how bad things will be when the legal texts are finally published in several weeks' time.

Brexit Facts4EU.Org continues to campaign for full sovereignty for all parts of the United Kingdom. No other civilised country in the world would accept a foreign power dictating its laws and rules on a part of its territory. Nor should the UK.

We can only hope that readers and all the organisations and politicians we are contacting today will help us get this report out there. This is urgent, before the public simply takes what they are being told on the BBC and Sky News - and by the Prime Minister - and believes this to be the truth. Using the EU's own documents we have shown it is not.

We must get reports like this out there

Reports like the one above take far longer to research, write and produce than many people realise. If they were easy, readers would see other organisations also producing these daily.

However, there’s little point in the Facts4EU.Org team working long hours, seven days-a-week, if we lack the resources to promote them effectively – to the public, to MPs, and to the media. This is where you come in, dear reader.

Facts4EU.Org needs you today

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[ Sources: EU Commission official documents, 27 Feb 2023 ] Politicians and journalists can contact us for details, as ever.

Brexit Facts4EU.Org, Tues 28 Feb 2023

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Reader Comments 31

1. terence patrick hewett , Tuesday, February 28, 2023, 07:39:

Most Brexiteers will wait for the judgement of the DUP and Farage.

2. Have You Wondered , Tuesday, February 28, 2023, 07:52:

.
Rule 1 to 10
.
Never trust a politician.
.
What's the bigger picture? Is Sunak in bed with the EU / WEF/ .........? Polical expediency? Enabling corruption?
.
Whatever the electorate touches - it never smells right does it.
.
Here's my email to JRM last night:
.
Welcome Jacob.
.
Rishi Sunak appears to have gained so much from the EU.
.
What did he give or what hold has he got over them to get such an advantageous deal?
.
Good luck with your time at GB News.
.

3. Have You Wondered , Tuesday, February 28, 2023, 08:08:

.
Have You Wondered if the Press have been got at?
.
Politico is normally very good at reporting - but today's headline might cast doubt.
.
"Inside the deal: How Boris Johnson’s departure paved the way for a grand Brexit bargain"
.

4. RW52 , Tuesday, February 28, 2023, 08:14:

Reminds me of Cameron coming back saying what he had achieved .
This "deal" when read properly as facts4eu has done is just another load of lies and nothing much has changed regarding the ECJ ruling. What a country we have become and not through Brexit but lying and treacherous MP'S.

5. We don't need a ride - we need an education. , Tuesday, February 28, 2023, 09:53:

For nearly a decade now, Brexitears have had a Brexit bus & unicorns ferrying
them to the sunlit uplands - this despite one driver not feeling like driving anymore
because he was not confident in the direction of travel. Even if they all have a free pass,
to enjoy as many rides as they'd like, the time to destination will outlive many passengers.
They don't need a ride - they need an education.

6. Sparky , Tuesday, February 28, 2023, 09:55:

Two days ago Facts4EU were saying that King Charles has been forced to cancel a meeting with Ursula Von de Leyen and cancel calling this the Windsor Framework both of which have now happened. Facts?4EU!?
It looks like at last a pragmatic, collaborative approach with the EU has brought about an agreement that may be acceptable to all concerned.
Peston was interesting on Monday night, one item showed NI featured in the Brexit campaign less than 1% but has clearly been the biggest sticking point.
Also featured this morning comparison of GDP Growth 2022, Northern Ireland around +4% UK flat lining, it is no coincidence that NI has access to single market.
As always it will be what isn’t being said that will be key, what has been agreed to be able to reach the framework on immigration, single market access, alignment.
What it does seem to signal is a possible end to the hatred and conflict that Brexit has created. I hope that the UK electorate will be much wiser when listening to populist figures that spout lies and false promises.
Brexit has held the UK back for nearly 7 years since 2016 and the whole thing has been a waste of time and effort.
Hopefully the UK can now move on and start to repair some of the economic damage of Brexit.
Looks like Rishi Sunak has done well, I might even consider voting Cons again.

7. Ian , Tuesday, February 28, 2023, 10:05:

Good work facts4eu.org team. The stand out fact from all this is the Northern Ireland Protocol Bill is being allowed to fall. This is exactly what the EU wanted and was the only reason these latest concessions were made. If this Windsor Framework succeeds it means it’s still BRINO.
In the same way that Truss was removed, that Hunt was installed, and that the UK will never be free from the EU, it’s plain to see that the UK is no longer a true democracy. It’s a very sad day that once again we descend another step lower from what once was a true globally respected country.

8. Catherine , Tuesday, February 28, 2023, 10:26:

This "framework" is a con and an enormous sell-out. Well done to Facts4EU for producing such a clear presentation so quickly. Closer analysis shows that Sunak's claims simply do not stand up to analysis, and worse.

9. Not4EU, London , Tuesday, February 28, 2023, 10:32:

Red flags warn you of Govt & Parliamentary treason.
The 'selected' leader of the EU, who barely won an 'election' as the only candidate, and other EU puppets grinning from ear to ear like the cat that's got the cream.
The red-badged side of the uni-party in WEFminster promising to vote through the deal without 'knowing' a word of its contents, as with many pro-EU federalists such as ex-PMs & MPs.
The 'selected' PM of the UK, failed to even be elected by his own party, proven a liar within a very short time of his statement.
The potemkin of 'governance' continues.
As for Chas the T**d, just wtf did he think he was doing? Did von lying bring several carrier bags of cash with her? There are already Constitutional issues relating to his open 'involvement' with the WEF, a foreign institution along with ecumenical matters. Here was a clear opportunity to demonstrate that he is fit to become King. He failed miserably.
As we 'technically' have left the EU, the Monarch resumed their position as Head of State & was no longer just a 'citizen' of the EU (Maastricht Treaty). I assume, therefore, that he had to agree to the effective annexation & control of NI, his territory, by a foreign power. Was this engineered so that 'technically' he didn't break his Oath as he hasn't made it yet & will already be a fait accompli when he does? IF he had told the EU to FO & defended NI to the hilt, those who have grave concerns over him & his antics may have been persuaded to give him a chance as he'd proved that this country was at the heart of his reign. As it is, he has clearly demonstrated that he is unfit to be King. He is there, as the people's representative, to prevent the abuse of power by Govt & Parliament.
NI is still controlled by the EU - the UK has not yet left the EU.
ECJ & EU still rules supreme in NI.
There is still a border down the Irish Sea.
Rip up that piece of paper called the WA & NIP & do as you were commanded on 23rd June 2016, and LEAVE the EU.

10. Major Graham Lear , Tuesday, February 28, 2023, 10:38:

Who now thinks King Charles's meeting with Ursula Von de EU Trap was contrived by both Snide Sunak and Ursula Von de EU Trap to distract what was happening?
From what I see, people are now talking about that rather than the stitch-up in more detail.
The DUP must be spitting feathers at the betrayal. They won't take this lying down

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