Brussels was “preparing for the worst” over Brexit on Wednesday after the UK signalled the EU’s offer to scrap up to 80 per cent of checks on goods entering Northern Ireland was not enough to resolve the bitter dispute over the Irish border.
European Commission vice president Maros Sefcovic called on London to engage “earnestly and intensively” with the proposals, inviting Brexit minister David Frost for renewed talks on the Northern Ireland protocol from Friday.
But the UK said that, while Lord Frost would look “seriously and constructively” at the EU package, talks over the coming weeks must also take in his demand for the removal of European Court of Justice (ECJ) jurisdiction over the deal.
A British source told The Independent: “Without new arrangements on governance the protocol will never have the support it needs to survive. It is a fundamental issue which needs to be addressed if the protocol is to be put onto a sustainable footing.”
The scene was set for a Christmas showdown, with observers unsure whether Mr Sefcovic’s initiative had provided enough “wriggle room” for Mr Frost and Mr Johnson to back down from their hardline stance.
Recommended Christmas shoppers warned about post-Brexit charges on orders from EU Travel to Europe: the post-Brexit passport rules Government delays key Brexit border checks
Meanwhile, UK businesses urged Boris Johnson to pull back from the brink, warning that his threat to tear up the protocol could trigger punitive tariffs on British products – including 10 per cent on car exports to the EU.
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UK news in pictures 13 October 2021 Police officers detain a man as Insulate Britain activists block a roundabout at a junction on the M25 motorway during a protest in Thurrock
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UK news in pictures 12 October 2021 The aerial climate installation by Swiss artivist Dan Acher 'We Are Watching' is unveiled at Our Dynamic Earth in Edinburgh
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UK news in pictures 10 October 2021 A young girl is helped by a Border Force officer as a group of people thought to be migrants are brought in to Dover, Kent, following a small boat incident in the Channel.
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UK news in pictures 9 October 2021 People walk past a life-size sculpture of British singer John Lennon entitled "Imagine", by sculptor Lawrence Holofcener, displayed to mark what would have been the 81st birthday for the former member of the Beatles in Carnaby Street
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UK news in pictures 8 October 2021 WW II veteran, 96-year-old Lorna Cockayne, who served in the Women's Royal Naval Service (WRNS), popularly and officially known as the Wrens, as a Bletchley Park codebreaker, poses for a photograph with the Legion d'honneur after receiving it during a ceremony at the Pear at Parley in Ferndown, Bournemouth
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UK news in pictures 7 October 2021 British comedian Jo Brand poses with cut-out silhouettes representing women outside the Metropolitan Police headquarters New Scotland Yard, to highlight violence against women by male police officers or former police officers
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UK news in pictures 6 October 2021 A protester, wearing a mask of Johnson, holds a sign reading ‘Question it all’ on the final day of the Tory conference
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UK news in pictures 5 October 2021 Members of ‘Insulate Britain’ outside the Royal Courts of Justice in London, before a hearing over the injunction banning the environmental activists from blocking the M25
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UK news in pictures 4 October 2021 A delegate passes a street cleaner on the second day of the annual Conservative Party Conference being held at the Manchester Central convention centre
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UK news in pictures 3 October 2021 Margaret Thatcher-themed mugs for sale at the annual Conservative Party conference in Manchester
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UK news in pictures 2 October 2021 A couple make their way through a flooded underpass in Bristol as a yellow weather warning for rain and wind is issued for parts of the UK
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UK news in pictures 1 October 2021 A driver talks to members of the media after passing his HGV (Heavy Goods Vehicle) driving test at National Driving Centre in Croydon, south London
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UK news in pictures 30 September 2021 The centrepiece One Thousand Springs by Japanese artist Chiharu Shiota is seen ahead of the beginning of the Japan Festival, a celebration of the country’s plants, art and culture running from 2-31 October, at Kew Gardens in London
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UK news in pictures 29 September 2021 The family of Betty Campbell unveil the bronze sculpture of her during the unveiling of the statue in Central Square, Cardiff, of Betty Campbell, Wales' first black headteacher
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UK news in pictures 28 September 2021 A sign referring to the lack of fuel is placed at the entrance to a petrol station in London
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UK news in pictures 27 September 2021 Police officers detain a protester from Insulate Britain occupying a roundabout leading from the M25 motorway to Heathrow Airport in London
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UK news in pictures 26 September 2021 Labour Party leader Sir Keir Starmer watches the Arsenal v Tottenham Hotspur match at The Font pub in Brighton
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UK news in pictures 25 September 2021 Scottish pro-independence supporters hold a march and rally outside the Scottish Parliament in Edinburgh, Scotland
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UK news in pictures 23 September 2021 Gabriella, the seven year old daughter of imprisoned British-Iranian Nazanin Zaghari-Ratcliffe, joins in a game on a giant snakes and ladders board in Parliament Square, to show the “ups and downs” of her mother’s case to mark the 2,000 days she has been detained in Iran
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UK news in pictures 20 September 2021 Florist Judith Blacklock puts the finishing touches to a floral carousel installation in Halkin Arcade, which she has designed with Neill Strain for the Belgravia in Bloom festival, running from September 20-26, in London
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UK news in pictures 16 September 2021 Sheikeh MOhammed bin Zayed Al Nahyan, leader of Abu Dhabi, leaves Downing Street after meeting with Boris Johnson
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UK news in pictures 13 September 2021 Luke Jerram's 'Museum of the Moon' at Durham Cathedral
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UK news in pictures 12 September 2021 Inspirational young fundraiser Tobias Weller crosses the finish line, near his home in Sheffield, as he completes his latest epic feat where he swam and triked his way to the end of his “awesome” year-long Ironman Challenge. This is the third challenge Tobias, who has cerebral palsy and autism, has completed, raising more than ￡150,000 for his school and Sheffield Children Hospital’s charity
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UK news in pictures 11 September 2021 British player Emma Raducanu, holds up the US Open championship trophy winning the women's singles final of the US Open in New York
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UK news in pictures 9 September 2021 Troops from Wiltshire based 4 Armoured Close Support Battalion Royal Electrical and Mechanical Engineers during final inspection at Wellington Barracks in London, ahead of providing troops for the Queen’s Guard
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UK news in pictures 8 September 2021 Workers cross London Bridge during the morning rush hour in London
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UK news in pictures Mixing it up: Painting it up press view in London A gallery employee poses for photographers next to a painting entitled “Prairie” by British artist, Louise Giovanelli during the exhibition 'Mixing it up: Painting it up' at the Hayward Gallery in London
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UK news in pictures 6 September 2021 Traders in the Ring at the London Metal Exchange, in the City of London, after open-outcry trading returned for the first time since March 2020, when the Ring was temporarily closed due to the pandemic
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UK news in pictures 5 September 2021 People enjoy the warm weather on Sandbanks beach, Poole
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UK news in pictures 4 September 2021 Demonstrators from Animal Rebellion and Nature Rebellion protest in Trafalgar Square in London.
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UK news in pictures 31 August 2021 Gold Medallist Sarah Storey of Britain celebrates on the podium
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UK news in pictures 29 August 2021 A police office tussles with a demonstrator on Cromwell Road outside the Natural History Museum during a protest by members of Extinction Rebellion in London
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UK news in pictures 24 August 2021 A demonstrator dressed as bee during a protest by members of Extinction Rebellion on Whitehall, in central London
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Brussels has made clear that it is ready to respond with tariffs if the UK takes the nuclear option of invoking Article 16 of the protocol to suspend implementation of the deal negotiated and agreed by the PM and his chief Brexit adviser in 2019.
But the EU appeared ready to move further to avoid the collapse of the agreement, with sources describing the vice-president’s proposals as an opening offer which “lays the ground” for talks.
In an eagerly-anticipated press conference at the European Commission HQ, Mr Sefcovic set out what he described as “a robust package of creative and practical solutions” to the bureaucracy and shortages that have bedevilled Northern Ireland since the full implementation of Brexit at the start of 2021.
As well as slashing overall red tape, he said the EU was ready to ditch new regulations on medicines being moved from the mainland as well as a ban on chilled meat products like sausages destined for the Northern Irish market. Containers of food products will only require one vet’s certificate, rather than 100 or more to cover every different product in the consignment.
In return, the UK must build new border control posts and provide the EU with access to real-time trade data to help prevent smuggling.
Dismissing Lord Frost’s concerns over the ECJ, Mr Sefcovic said the issue had been raised only once with him in comprehensive talks with businesses and political parties in Northern Ireland. He said that with a positive response from Britain, the row could be resolved by the New Year.
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World news in pictures 13 October 2021 French President Emmanuel Macron (R) greets President of Tajikistan Emomali Rahmon at The Elysee Presidential Palace in Paris
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World news in pictures 10 October 2021 An Indian family rides on a motorcycle as they protect themselves with an umbrella during heavy rain, in Chennai, India
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World news in pictures 9 October 2021 Afghan children who were displaced from other parts of the country live in temporary shelters at a camp in Kabul, Afghanistan,
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World news in pictures 2 October 2021 Philippine President Rodrigo Duterte speaks to the media after Philippine Senator Christopher "Bong" Go filed his certificate of candidacy to join the vice presidential race, at Sofitel Harbor Garden Tent, in Pasay City, Metro Manila
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But raising the prospect that UK intransigence could lead to a hard border with the Republic, he said it was “very clear” that the province cannot continue to enjoy access to the single market without the supervision of the ECJ.
In a speech in Lisbon on Tuesday, Lord Frost called for the wholesale replacement of the protocol, warning that enforcement powers for the Luxembourg judges meant EU law being imposed on Northern Irish citizens without democratic consent.
“That, I think, has to change if we’re to find governance arrangements that people can live with,” he said.
EU sources stressed that Mr Sefcovic’s “package of enhanced opportunities” came not in response to the Lisbon speech, but was aimed at “solving practical problems” affecting people and businesses on both sides of the Irish border, while preserving the peace and stability provided by the Good Friday Agreement.
But he took a swipe at the UK’s failure so far to deliver on data-sharing and checks on imports promised in the 2019 agreement, saying: “We are showing flexibility, but the remaining controls must be done properly.”
A UK government spokesperson said London would look at the package “seriously and constructively” and was ready to “work hard” on talks.
The CBI urged both sides to “grasp this opportunity to get back round the table and agree sustainable long-term solutions”.
And the British Chambers of Commerce warned the government not to allow its concerns over the ECJ to get in the way of a deal.
“Both sides need to reach a balanced agreement soon, focusing on cutting checks for businesses under the protocol and not disputes about different legal systems which have not been raised by the business community,” said BCC trade policy chief William Bain.
DUP leader Sir Jeffrey Donaldson said the EU’s proposals amounted to a “welcome acknowledgement that the NI protocol has not worked and does not have the consent of the unionist community in Northern Ireland”.
But he warned that the package falls “a long way short of being the basis of a sustainable solution”, as it envisaged the survival of “a protocol that has failed”.
Ireland’s foreign minister Simon Coveney welcomed Lord Frost’s promise to “engage fully” with the proposals, saying they offered a “pathway” out of the crisis.
Labour’s shadow Northern Ireland secretary Louise Haigh also said: “It is clear that with political will there is a landing ground – now is the time for the EU, UK and representatives from Northern Ireland to get around the table and reach the agreement communities need.
But the former top civil servant at the Department for Exiting the EU, Philip Rycroft, said he was “puzzled” by London’s fixation on the ECJ issue, which the UK had known was an EU red line from the start.
“Seeking to overturn that does beg a question about what the UK thought it was signing up to?” he told Times Radio. “And indeed its resolve to stick with the protocol for the long term.”