EU puts forward its proposals on NI Protocol

The European Commission this week put forward “bespoke arrangements” in response to the difficulties that have been experienced as a result of trade under the Northern Ireland Protocol. Further flexibilities are proposed in the area of food, plant, and animal health (SPS checks), customs, medicines and engagement with stakeholders in Northern Ireland.

The package of measures is set out in four ‘non-papers’ (non-legislative texts) and broadly cover the following:

1. An 80 percent reduction in SPS checks on food, plant and animal goods moving from Great Britain to be consumed in Northern Ireland. This would mean a truck moving 50 different food products, such as dairy, meat, fish, plants, from Great Britain to Northern Ireland would only need one SPS certificate instead of 50.
2. A 50 percent reduction in paperwork needed to move goods from Great Britain to Northern Ireland on the condition that the UK commits to providing full and real-time access to IT systems and certain monitoring and enforcement measures. For goods not regarded as ‘at risk’, much less paperwork would be required.
3. Enhanced engagement with stakeholders and authorities in Northern Ireland with regards the practical implementation of the Protocol. Among the measures to achieve this includes a proposal to enhance links between the NI Assembly and the EU-UK Parliamentary Partnership Assembly is also proposed.
4. Pharmaceutical companies in Great Britain could supply the Northern Irish market and keep all of the regulatory functions where they are currently located.

Specifically related to Customs, the proposals would mean:

• A wholesaler of food products, established only in Great Britain and not in Northern Ireland, would be eligible for the UK Trader Scheme and be able to benefit from the scheme to regularly supply retailers in Northern Ireland.

• Northern Ireland supermarkets, and grocery stores of large national retailers, that depend on supply chains and distribution centres established in Great Britain will see their customs formalities reduced to a minimum. These companies will file customs declarations only once a month as opposed to filing one declaration per transaction.
• Certain products that are generally prohibited for import into the EU – e.g. sausages – would be allowed to be imported into Northern Ireland from Great Britain, subject to them carrying individual certificates, for which specific models will be provided

The European Commission’s response does not address three of the UK’s asks: removing the oversight of the Court of Justice of the EU (ECJ) when it comes to EU law in Northern Ireland; changing State Aid rules in Northern Ireland; and allowing the free movement of pets between Great Britain and Northern Ireland. 

A press statement issued by the European Commission following the announcement stated that “The Commission believes that this package of measures will make a real difference on the ground in Northern Ireland and addresses the Brexit-related problems regarding the movement of goods from Great Britain to Northern Ireland that have been raised by Northern Irish people and businesses. These measures come in addition to the package that was presented in June 2021, which facilitates the movement of live animals from Great Britain to Northern Ireland.”

Vice-President Maros Šefčovič said: “I have listened to and engaged with Northern Irish stakeholders. Today's proposals are our genuine response to their concerns. We have put a lot of hard work into them to make a tangible change on the ground, in response to the concerns raised by the people and businesses of Northern Ireland. We are looking forward to engaging earnestly and intensively with the UK government, in the interest of all communities in Northern Ireland.”

The UK and EU will now enter a period of “intense discussions” over the coming weeks.

Read the European Commission’s Press Statement

The Four Non-Papers

Concrete examples of the proposals