The EU and UK enter a period of “intense discussion” as the European Commission put forward a number of arrangements in respect to the trading difficulties experienced under the Northern Ireland Protocol, and there is information on the EU exit developments contained in the UK Autumn Budget.

Last month, the European Commission 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:

• 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.
• 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.
• Enhanced engagement with stakeholders and authorities in Northern Ireland with regards to 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.
• Pharmaceutical companies in Great Britain could supply the Northern Irish market and keep all of the regulatory functions where they are currently located.

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 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.

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.

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

However at the time of writing, there are signals that the UK will trigger Article 16 of the Protocol. This provision is triggered if the application of the Protocol “leads to serious economic, societal or environmental difficulties that are liable to persist.”