NEW: The EU’s chief Brexit negotiator has told EU member states there is a clear link between the free trade deal with Britain and the Northern Ireland Protocol, @rtenews understands.
2/ In referring to the UK's continued threats to trigger Article 16, thus suspending all or part of the Protocol, @MarosSefcovic is understood to have said the Trade and Cooperation Agreement was contingent on the sequencing in the divorce negotiations, including the Irish border
3/ “That sequencing could be endangered depending on how Article 16 was triggered,” says one source present at the meeting. “So, while [Sefcovic] didn't explicitly promise to say or do anything [if Article 16 were triggered], he did raise that link. He pointed it out.”
4/ In a downbeat assessment of the ongoing technical talks between the EU and UK, Mr Sefcovic told EU ambassadors in Brussels that the European Commission would formally set out its options to member states next week on how it should respond to a triggering of Article 16.
5/ Talks have been underway for four weeks on a set of EU proposals designed to make the Protocol more manageable for citizens, business and stakeholders in Northern Ireland.
6/ The proposals cover the circulation of medicines, customs, agrifood checks and controls, and an enhanced oversight role for Northern Ireland institutions and businesses.
7/ Mr Sefcovic, a vice-president of the European Commission, said that technical teams on both sides had attempted to develop a paper that would set out areas of common agreement in the talks so far.
8/ However, he said that his UK opposite number David Frost had been reluctant to give the paper political backing.
Mr Sefcovic is said to have emphasised that the EU would continue to, as he put it, speak directly to the concerns of people in Northern Ireland.
9/ He told ambassadors he would have further talks with Northern Irish businesses and stakeholders tomorrow.
10/ Member states are understood to have supported Mr Sefcovic’s continuing efforts in the talks. A number of ambassadors are understood to have called for a “calm, methodical and proportionate” response if the UK triggers Article 16.
11/ However, France and Germany both signalled that a robust response should follow (Germany, surprisingly so, acc to one source)
12/ It’s understood that member states stressed the need for EU unity on the issue.
Ireland is understood to have strongly supported the ongoing technical talks and that the ideal solution would be an agreed way forward.
13/ However, the govt is said to have mentioned the insistent references to invoking Article 16 by Frost and that, according to one account, these “had to be taken seriously, that the EU had to prepare and that the response would have to match whatever way Article 16 was invoked”
14/ It’s understood Ireland also said that no matter what emerged in the talks or beyond, the EU should ensure that it would always be possible to “return to the full implementation of the Protocol...
15/ and that we shouldn’t do anything that will be irreversible, or make a return to the Protocol impossible.”
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NEW: EU official says the EU has always made it clear that the "objectives set out by the UK" in the Command Paper on the NI Protocol are "unattainable", but says the EU is committed to the current EU UK technical talks
Official says: We think that we've proven beyond a reasonable doubt that EU’s proposals constitute a significant difference in comparison to the baseline scenario, which is the actual NI protocol as it stood on the day it was designed + even go beyond the status quo as it stands
Official adds: the UK command paper was an extremely significant step in the wrong direction, and presenting it as a step in the right direction. I think it's completely disingenuous
Article 16 update: growing expectation that the UK will trigger. Much more intense discussion in the European Commission about how the EU shd respond
2/ While the Commission has avoided detailed discussion till now with member states, preferring to regard it as hypothetical, there are more contacts now with capitals
3/ There’s a belief that the UK may be miscalculating the EU’s response, ie that we’ll get into a slow period of legal action in which the UK suspends its Protocol obligations and things will then drag on thru a process
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.
“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.
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.
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