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This comment goes to the heart of the max fac problem. For @WeyandSabine the commitments to no hard border mean no checks & controls. But to the UK it means displacing checks and controls such that they do not lead to violence - i.e. not having them visible to the average joe 1/
That this doesn't exist currently is not a good reason for why it's impossible. You're asking for the unprecedented. The problem is max fac is simply the wrong tool. You have a bunch of new legal requirements and the only way to remove them is a legal agreement like SM or CU 2/
The problem for the EU is that in the event of no deal displacing checks and controls in Ireland is exactly the approach that will need to be taken in order to secure the customs border. Unless you want to force Ireland to close roads and erect border infrastructure... 3/
The impossibility of doing so in a way that is not intrusive (not the same as not costly to business) or does not destroy the GFA will be tested if no deal happens. That is why Barnier's comments are a big deal - they suggest there is a way of doing so for the Commission ends/
