The announcement this week that the EU has started legal proceedings against the UK for violation of the Northern Ireland protocol was predictable.
What is equally predictable is that at some point in the future a political agreement will be the outcome.
This is not an issue that can be resolved in the courts or even the mechanisms set up in the trade and co-operation agreement itself.
The EU has taken issue with the UK unilaterally extending the grace period for NI retail to receive goods of animal and plant origin from distribution centres in Britain without veterinary certification and physical inspections.
This is outside the terms of the protocol, though they also delayed the introduction of UK border controls unilaterally, which is within their remit and very much welcomed by Irish and indeed all EU exporters.
Political strain
It is clearly evident that the political relationship between the EU and the UK is strained.
However, when it comes to the operation of the NI protocol and implementing EU border controls at NI ports, the EU doesn’t have a choice other than work with the UK.
Also, irrespective of whatever the letter of the agreement signed off by the UK government may be, the NI administration simply doesn’t have the capacity to undertake the level of border controls that includes food typically found in NI shopping baskets.
Workable arrangement required
What is now required is that the EU and UK undertake what should have been done prior to the UK leaving the single market and customs union.
A workable solution has to be found that ensures that EU border controls are strictly applied to anything that can be further traded into the EU.
This includes beef and lamb carcases coming from English factories to NI for further processing or indeed any goods of animal or plant origin from Britain that transit through NI to EU markets.
What isn’t so essential is that products sold directly to NI consumers are covered by these controls.
The EU needs UK government co-operation to enforce EU border controls at NI ports. \ Houston Green
NI consumers who buy a carton of milk or a couple of steaks in Sainsbury or Asda are not going to be trading these, nor is someone who is buying plants for their garden.
Admittedly, there are grey areas such as small garden centres that are involved in trade or artisan food markets that source speciality food in the rest of the UK.
However, if the issue could be resolved in principle in the majority of cases, it would be major progress and perhaps creative technological-based solutions could be developed for other low-volume trade.
Creative thinking
Creative solutions are required to enable NI to function as part of the UK, while undertaking the delivery of border controls on behalf of the EU.
If the EU can be satisfied that goods entering NI for use in NI without onward trading, there has to be the prospect of relaxing controls.
The only way that the protocol can work is if it is operationally tolerable for internal UK trade, while at the same time not providing a back door for UK produce entering the EU market.
Irrespective of the legal position, the EU needs UK co-operation to make this happen, so best to get negotiating rather than waste time for a ruling that in practical terms won’t solve anything.
Read more
The practical reality of the NI Protocol
Brexit goods: Right outcome achieved the wrong way
DAERA tied up in red tape at NI ports
The announcement this week that the EU has started legal proceedings against the UK for violation of the Northern Ireland protocol was predictable.
What is equally predictable is that at some point in the future a political agreement will be the outcome.
This is not an issue that can be resolved in the courts or even the mechanisms set up in the trade and co-operation agreement itself.
The EU has taken issue with the UK unilaterally extending the grace period for NI retail to receive goods of animal and plant origin from distribution centres in Britain without veterinary certification and physical inspections.
This is outside the terms of the protocol, though they also delayed the introduction of UK border controls unilaterally, which is within their remit and very much welcomed by Irish and indeed all EU exporters.
Political strain
It is clearly evident that the political relationship between the EU and the UK is strained.
However, when it comes to the operation of the NI protocol and implementing EU border controls at NI ports, the EU doesn’t have a choice other than work with the UK.
Also, irrespective of whatever the letter of the agreement signed off by the UK government may be, the NI administration simply doesn’t have the capacity to undertake the level of border controls that includes food typically found in NI shopping baskets.
Workable arrangement required
What is now required is that the EU and UK undertake what should have been done prior to the UK leaving the single market and customs union.
A workable solution has to be found that ensures that EU border controls are strictly applied to anything that can be further traded into the EU.
This includes beef and lamb carcases coming from English factories to NI for further processing or indeed any goods of animal or plant origin from Britain that transit through NI to EU markets.
What isn’t so essential is that products sold directly to NI consumers are covered by these controls.
The EU needs UK government co-operation to enforce EU border controls at NI ports. \ Houston Green
NI consumers who buy a carton of milk or a couple of steaks in Sainsbury or Asda are not going to be trading these, nor is someone who is buying plants for their garden.
Admittedly, there are grey areas such as small garden centres that are involved in trade or artisan food markets that source speciality food in the rest of the UK.
However, if the issue could be resolved in principle in the majority of cases, it would be major progress and perhaps creative technological-based solutions could be developed for other low-volume trade.
Creative thinking
Creative solutions are required to enable NI to function as part of the UK, while undertaking the delivery of border controls on behalf of the EU.
If the EU can be satisfied that goods entering NI for use in NI without onward trading, there has to be the prospect of relaxing controls.
The only way that the protocol can work is if it is operationally tolerable for internal UK trade, while at the same time not providing a back door for UK produce entering the EU market.
Irrespective of the legal position, the EU needs UK co-operation to make this happen, so best to get negotiating rather than waste time for a ruling that in practical terms won’t solve anything.
Read more
The practical reality of the NI Protocol
Brexit goods: Right outcome achieved the wrong way
DAERA tied up in red tape at NI ports
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