“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.
“I think that most in Europe are happy to focus elsewhere provided No10 does not force them to pay attention. As the stagnation and crises of the EU mount, and as it becomes increasingly clear that there is no Delors-like plan to revive the project…
“…they will be less and less inclined to spend time on intractable Irish border issues. If we get our act together, our hand will be stronger in a few years.”
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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
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.