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ARTICLE · 27 APRIL 2018

Is A Customs Union The Answer?

Travers Smith LLP
Travers Smith LLP
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Political pressure is growing for the UK government to change its position on whether the UK should remain in some form of customs union with the EU after Brexit.

United KingdomInternational Law

Political pressure is growing for the UK government to change its position on whether the UK should remain in some form of customs union with the EU after Brexit. A (non-binding) Parliamentary vote on the issue is taking place today. But would a customs union be sufficient to preserve current levels of "frictionless trade" in goods with the EU? And would it be a politically acceptable solution?

A "customs union ++" is needed

The short answer is that a customs union on its own would not be enough. Two further conditions would need to be met if the aim of a future EU-UK customs union was to effectively preserve the status quo in relation to border checks:

  • Comprehensive coverage: firstly, the customs union would ideally need to cover all goods – including agricultural products and fish.

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