Thread by @tconnellyRTE

A reminder of how the two NI Protocol grace periods came about:

On Dec 8 @MarosSefcovic + @michaelgove reached a political agreement addressing "the outstanding issues" related to the implementation of the NI Protocol

2/ The agreement covered "Border Control Posts/Entry Points specifically for checks on animals, plants and derived products, export declarations, the supply of medicines, the supply of chilled meats, and other food products to supermarkets"

3/ The political agreement was formally adopted by the UK and EU member states on December 17.

4/ Both sides acknowledged that when it came to GB-NI food imports, the UK was not ready to fully implement the Protocol. A Q&A published by the Commission on Dec 17 said the EU and UK had agreed a number of "unilateral declarations to provide time-limited solutions"

5/ These related to "the import of meat products or medicines, amongst other things".

6/ The Commission document states: "These temporary solutions are subject to strict conditions to ensure that all relevant stakeholders will be in a position to fully comply with the Protocol in the course of 2021."

7/ These "temporary solutions" had been found to help businesses and citizens to "adapt to the new situation in the first few months of 2021."

8/ The Commission Q&A explained that for three months products of animal origin "would not need to be accompanied by simplified certificates, so long as certain strict conditions are met."

9/ These conditions would ensure that "a certain level of control could be exercised over these imports and support stakeholders in establishing new supply chains for food products."

10/ The "strict conditions" were enshrined in a handful of "unilateral declarations" that would be issued by the UK and EU.

11/ In one Unilateral Declaration the UK promised to "apply, during a maximum time period of 3 mths," a particular approach to agrifood products normally requiring EU export health certs. This included a pledge by the UK to remain aligned to EU SPS rules for those products

12/ The UK would agree with the Commission a "restricted number of food suppliers for supermarkets" who have demonstrated they meet "a range of trust criteria" [in the event the UK drew up a list of nearly 2,000 suppliers]

13/ The Unilateral Declaration also stated the UK would ensure such meat products were labelled that they could not be marketed outside NI, and wd be destined solely for end consumers in NI supermarkets

14/ During this three month grace period the UK pledged to "take all necessary measures to ensure compliance with the Protocol and relevant [European] Union law
as of 1 April 2021."

15/ The Unilateral Declaration ended: "The UK accepts this solution is not renewable."

16/ For its part the EU issued a parallel Unilateral Declaration:

17/ "The European Union takes note of the United Kingdom’s declaration setting out the practice it intends to put in place as regards imports of products of animal origin, composite products, food and feed of non-animal origin and plant and plant products, into NI...

18/ "...during the first three months after the end of the
transition period."

19/ The EU's declaration concluded by saying that the UK's own declaration would "inform the position" of the EU regarding its powers under Article 12(4) of the Protocol (ie, that EU rules apply and the European Court of Justice remit extends to NI where the Protocol has effect)

20/ So, overall, the two grace periods came with very strict conditionality that both sides signed up to: that the UK would remain aligned with EU sps rules, that there wd be labelling, checks, controls, and a pledge that the 3 mth grace period was not renewable

21/ A UK govt spokesperson says: "We are committed to meeting our Protocol obligations in a pragmatic and proportionate way, but there have been challenges that are having a direct, and often disproportionate, impact on lives and livelihoods...

22/ "...including an unacceptable disruption to the flow of critical goods. That is why, as part of our new operational plan for supermarkets and their suppliers, underpinned by the Digital Assistance Scheme to enable goods to be moved in accordance with the Protocol...

23/ "... in the most streamlined way possible, we will extend the existing arrangements to October to reflect the reality that it takes time to adapt and implement new requirements."