BREAKING: European Commission Maros Sefcovic has told @michaelgove that sweeping changes to the Protocol will not be possible, and that any flexibilities require the UK for its part to implement the terms of last December's NI Protocol
2/ In a letter responding to last week's letter from Gove @MarosSefcovic sets out a list of areas where he says the UK is not in compliance with the NI Protocol.s
3/ He says Border Control Posts at NI Ports are "not yet fully operational", official controls at the Posts are "not performed in compliance with the Withdrawal Agreement" and that there are "very few identity checks"
4/ Sefcovic says there is a very limited number of physical checks being carried out, apart from on live animals. He also says "all non-compliant consignements are accepted, even if destined for Ireland [ie, the single market]"
5/ Furthermore, packages are "not labelled and the packages not monitored at destination" as required by the December 17 agreement between the EU and UK
6/ "In addition a number of consignments are entering Northern Ireland without being declared or without valid certificates"
7/ Sefcovic also complains that, contrary to the Dec 17 deal, EU representatives are being denied real time access to the UK's IT systems, such as the import clearance system, or CDS
8/ He writes: "We are thus not currently receiving the informaton as to how mutually agreed flexibilities including, eg the trusted trader scheme, or simplified health certificates are being used in practice"
9/ Sefcovic goes on to accuse the UK of telling traders sending goods NI-GB that they do not have to submit "equivalent information", ie to an exit summary declaration, to customs authorities, "contrary to the commitment taken by the UK in its unilateral declaration of Dec 17
10/ Sefcovic says his is convinced these are "teething troubles, for which we should be able to find swift solutions" through the EU-UK Joint Committee
11/ He also says the Commission is proposing a solution to deal with the recent anomaly which gave rise to tariffs hitting GB and rest of world steel imports into Northern Ireland
12/ However, Sefcovic says "blanket derogations" on the ban on sausages, mince, chilled meat preparations etc, "cannot be agreed beyond what the Protocol foresees already".
13/ He also says the UK had committed on Dec 17 to adjusting supply chains so that supermarkets would be in full compliance with EU law when it comes to the three month grace period absolving traders of needing Export Health Certificates for products of animal origin
14/ Finally, the letter states, if the UK wants a common travel area for pets, as the UK has proposed, and the movement of seed potatoes from GB-NI, then this would "require the UK committing to aligning with the relevant EU [sps] rules"
15/ So, this is a very hardball response by Sefcovic in response to Michael Gove's hardball letter of last week. It also reflects a hardening resolve among capitals over the UK seeming to want to rewrite the Protocol. The meeting tomorrow will be interesting...

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More from @tconnellyRTE

11 Feb
Joint statement following Gove Šefčovič meeting:

After a frank but constructive discussion, and taking into account the views expressed on 3 February by the First Minister and deputy First Minister of Northern Ireland, the two co-chairs agreed to:
2/ reiterate their full commitment to the Good Friday (Belfast) Agreement, and to the proper implementation of the Protocol – protecting the gains of the peace process, maintaining stability, avoiding a hard border on the island of Ireland and impacting as little as possible...
3/ ...on the everyday life of communities in both Ireland and Northern Ireland
•spare no effort to implement solutions mutually agreed on 17 December, as they form a foundation for our cooperation
Read 6 tweets
8 Feb
NEW: Diplomats say there is a “willingness” among EU member states and the European Commission to look at what flexibilities are possible “within the framework of the [NI] protocol”, but there will not be a renegotiation of the Protocol
2/ However, there is no guarantee the EU will agree to further grace periods, says diplomat

This follows a meeting of the Working Party, which brings together the Commission and Brexit coordinators from member states
3/ The view is that the Protocol hasn’t even been fully implemented by UK, also the prerequisite of preparation by business is lacking, so it seems “premature to already discuss lengthening the grace periods”.
Read 4 tweets
8 Feb
Here's an update on the Northern Ireland Protocol...again:

There's a growing backlash among member states against the @michaelgove letter of last week assets.publishing.service.gov.uk/government/upl…
2/ National capitals are waking up to the Protocol flare up, having believed it had all been sorted out in a meeting between Gove and @MarosSefcovic last December. One diplomat said the letter was "outrageous", another said member states were "incandescent"
3/ Yes, they knew the European Commission had screwed up over the Article 16 affair on Jan 29. However, acc to the diplomat, "the British are capitalising on the Commission's mistake - people thought that that was probably inevitable...
Read 16 tweets
3 Feb
EU sources have expressed concern over the tone of Michael Gove’s letter to his European Commission counterpart on changes the UK is demanding to the Northern Ireland Protocol.
2/ The UK cabinet minister has demanded sweeping and swift changes to the Northern Ireland Protocol as the fallout continues from last week’s move by the Commission to trigger Article 16 of the Protocol over the issue of exports of Covid 19 vaccines.
3/ EU sources have said the letter resembled an ultimatum to the EU, as tensions mount in Northern Ireland over the impact of the Protocol, which has meant customs and food safety formalities on goods moving from Great Britain to Northern Ireland.
Read 13 tweets
3 Feb
Having read through @michaelgove's letter to @MarosSefcovic, a few things stand out:
2/ The letter is top heavy on the Article 16 debacle. The reaction in NI had been "overwhelming"... Gove writes: "I had expected a strong response, but the reaction was even more negative than I had anticipated."
3/ "Across all political parties, civic society and business organisations in NI there was a sense of shock and anger."
Read 28 tweets
3 Feb
Amid the hail of accusations that the EU wanted to put a hard border on the island of Ireland last Friday, it's worth pointing out what the ill-fated resort to Article 16 was about:
2/ Under the Commission's trade mechanism, any Covid vaccines leaving the EU for third countries would need export authorisations, ie to ensure vaccines were not being exported which were actually part of an avanced purchase agreement between member states + pharma companies
3/ Any movements of exports from one member state to another would NOT have required such an export authorisation
Read 9 tweets

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