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
On David Frost's claim that the EU's offer of a 50pc cut in customs formalities was bogus, in that it referred only to a 50pc cut in the fields to be filled in, official says: "we stand by everything that we've said on custom, ie on a 50% reduction in the formalities."
The official says there is "a point of commonality" between both sides in that goods moving from GB to NI shd be treated differently depending on whether their final destination is Northern Ireland, or whether their final destination is the European Union (ie Ireland).
"The question is, how do you determine whether a good is destined for Northern Ireland or for the internal market? What we think does not work is just to leave it to traders to say where it goes."
Official adds: "We think that a sufficient amount of data needs to be collected In all cases, in order to then be able to do a credible risk assessment to work out whether the destination as declared actually makes sense or not."
On democratic consent for NI and the presence of NI figures, the official says: there is already a lot on democratic consent and their participation in the protocol which tends to be forgotten in this conversation.
"There are already meetings of the joint committee in which the First Minister and the Dep First Minister, are present and can take the floor and there's a Joint Consultative Working Group, which is specifically there, to involve the NI authorities which we've proposed to beef up
On the ECJ, the official says: the UK position on governance is that the role of the EU institutions [in the protocol] needs to go. The question of the ECJ is a broader one in the sense that the ECJ is on top of a much broader governance structure, which the UK does not accept.
"So long as that remains the UK's positioned I don't see what we can do."
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“The border in Ireland is messy and is doomed to stay messy for many years. The deal we signed is ambiguous enough to allow very wide interpretation.
We partly stick to the deal, partly ‘bend’ it on the ground but without making a fuss.
“Like the Greeks do with EU laws every day. And we wait… If Brussels and France want to blow everything up because it’s messy, and they want to make the argument that total, Cartesian, ECJ standards are more important than peace, let them.
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.”
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.