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The Prohibition on Quantitative Restrictions (EU Exit) Regulations 2020

The purpose of this instrument is to end the application of the rights flowing from the EU Treaty provisions which prohibit the imposition of quantitative restrictions and equivalent measures on imports or exports within the EU after the end of the transition period. The Treaty provisions in question are found in Articles 34 to 36 of the Treaty on the Functioning of the EU (TFEU). They apply to all goods not otherwise subject to EU harmonised legislation (the non-harmonised goods sector). The SI also makes provision in respect of similar provisions in the EEA agreement and in agreements between the EU and Switzerland and the EU and Turkey. The intention of removing these provisions is to ensure that there is no barrier to diverging from EU rules should GB chose to do so, such as new administrative or legislative measures that would create barriers to trade that infringe the free movement Articles. Divergence may also occur where the UK chooses not to reflect or keep pace with new or updated EU legislation. It is uncertain what rights would be accorded under those provisions at the end of the Transition Period, but the revocation of those rights from retained EU law will remove any ambiguity in respect of movement of goods between the EU and GB. (The NI Protocol will govern Northern Ireland and the movement of goods between the EU and NI, and the movement of goods between NI and GB will be provided for in accordance with the Protocol and domestic law.)