BREAKING: The European Commission has told member states that the role of the European Court of Justice (ECJ) in the Northern Ireland Protocol is not up for discussion.
2/ In a paper circulated to member states, and seen by @rtenews the Commission states: “The EU was always clear in its intentions - it will not renegotiate the Protocol and the role of the Court of Justice is not up for discussion.”
3/ The document comes amid growing controversy over the UK government’s demands that the ECJ be removed from its oversight role within the Protocol.
4/ Downing Street today told reporters that prime minister Boris Johnson had raised the ECJ issue in relation to the Protocol in a phone call with the Polish prime minister Mateusz Morawiecki.
5/ Poland is embroiled in a separate dispute with the European Commission over the role of the ECJ and where the primacy of EU law lies.
6/ The Commission has told member states that the Protocol, which was negotiated and agreed by the EU and UK, outsources the management of the EU’s external border to the UK and that as such London is applying EU law as it relates to the European single market.
7/ The paper says this arrangement is “exceptional” and is not replicated in any agreement the EU has with a third country, and that the Withdrawal Agreement itself, to which the Protocol is attached, is an “unprecedented” agreement, which the UK asked for, via Article 50.
8/ “Under these circumstances the Court of Justice needs to play its role as provided in the Protocol in respect of all matters of interpretation and application of those provisions of EU law...
9/ "...which the Protocol makes applicable in the United Kingdom or in the United Kingdom in respect of Northern Ireland,” the paper states.

The Commission paper also says that the role of the ECJ has not been raised by Northern Ireland businesses.
10/ “Rather the opposite: one of the key interests of NI business is to be part of the single market for goods. Being part of the single market means applying EU law.

“And the application of EU law implies a role for the [ECJ], as foreseen by the Protocol,” the paper states.

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More from @tconnellyRTE

29 Oct
UK statement on @DavidGHFrost @MarosSefcovic meeting…

[Note a new UK ask, this time on VAT…]

“Lord Frost and EU Commission Vice President Maros Sefcovic met today in London to assess the latest state of play in our talks about the future of the Northern Ireland Protocol
2/ “The week's talks have been conducted in a constructive spirit. While there is some overlap between our positions on a subset of the issues, the gaps between us remain substantial.
3/ “As we have noted before, the EU's proposals represent a welcome step forward but do not free up goods movements between Great Britain and Northern Ireland to the extent necessary for a durable solution.
Read 10 tweets
26 Oct
Some damning testimony from @alexhallhall, former Brexit counselor at the British Embassy in Washington who resigned in 2019 over having to perpetrate what she saw as increasing disingenuous UK lines on Brexit, esp on NI, once @BorisJohnson took over tnsr.org/2021/10/should…
2/ “They downplayed the increased friction that was likely for businesses trading between the United Kingdom and the E.U. countries, as well as third countries such as the United States.
3/ “But, most damagingly, the talking points also downplayed the consequences of Brexit for the delicate peace process in Northern Ireland, in which the United States was a core stakeholder, having helped to broker the Good Friday Agreement and supported it since then.
Read 7 tweets
22 Oct
After another round of technical talks between European Commission and UK officials in Brussels this week, here's a state of play on the NI Protocol talks:
2/ The European Commission has presented its package of easements and flexibilities, published on Wed last week, and the UK have been asking a lot of questions. The fact that both sides have devled into a lot of detail is seen (at least in Brussels) as positive
3/ The detail covers SPS (agrifood), medicines, customs, a role for NI institutions. Sources say the issue of the ECJ has not come up in technical talks so far
Read 9 tweets
22 Oct
The Taoiseach has defended the govt’s handling of the reopening of nightclubs and the wider hospitality sector. @MichealMartinTD said the govt had resisted the option of pausing the reopening of the sector, and had proceeded on the basis of advice from public health officials.
2/ “To be frank with you, COVID has created a situation, the situation has taken a turn for the worse. The government has responded to that and followed the advice of NPHET,” he told reporters in Brussels.
3/ “It's very straightforward. It's very difficult. It's very tough and challenging for all concerned. But the key point is the government decision facilitates a reopening within a certain restrictive environment because of COVID-19.”
Read 17 tweets
18 Oct
UK statement on @DavidGHFrost @MarosSefcovic meeting last Friday:

Lord Frost and EU Commission Vice President Šefčovič met on 15 October in Brussels for a discussion of the continuing difficulties in relation to the Protocol on Ireland / Northern Ireland.
2/ They discussed the proposals published by the EU on 13 October. Lord Frost recognised the efforts Vice President Šefčovič had made in bringing these forward, and underlined that we would discuss them constructively and in a positive spirit.
3/ Lord Frost set out the UK position and reaffirmed the need for significant changes to the current arrangements, as set out in the 21 July Command Paper, including on governance.
Further talks will continue at official level in Brussels this week.
Read 4 tweets
13 Oct
U.K. govt response to EU proposals:

“The EU have now published their proposals in response to those in our Command Paper. We are studying the detail and will of course look at them seriously and constructively.
2/ "The next step should be intensive talks on both our sets of proposals, rapidly conducted, to determine whether there is common ground to find a solution.
3/ “Significant changes which tackle the fundamental issues at the heart of the Protocol, including governance, must be made if we are to agree a durable settlement which commands support in Northern Ireland.
Read 4 tweets

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