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BREAKING: European Commission Maros Sefcovic has told @michaelgove that sweeping changes to the Protocol will not be possible, and that any flexibilities require the UK for its part to implement the terms of last December's NI Protocol
2/ In a letter responding to last week's letter from Gove @MarosSefcovic sets out a list of areas where he says the UK is not in compliance with the NI Protocol.s
3/ He says Border Control Posts at NI Ports are "not yet fully operational", official controls at the Posts are "not performed in compliance with the Withdrawal Agreement" and that there are "very few identity checks"
4/ Sefcovic says there is a very limited number of physical checks being carried out, apart from on live animals. He also says "all non-compliant consignements are accepted, even if destined for Ireland [ie, the single market]"
5/ Furthermore, packages are "not labelled and the packages not monitored at destination" as required by the December 17 agreement between the EU and UK
6/ "In addition a number of consignments are entering Northern Ireland without being declared or without valid certificates"
7/ Sefcovic also complains that, contrary to the Dec 17 deal, EU representatives are being denied real time access to the UK's IT systems, such as the import clearance system, or CDS
8/ He writes: "We are thus not currently receiving the informaton as to how mutually agreed flexibilities including, eg the trusted trader scheme, or simplified health certificates are being used in practice"
9/ Sefcovic goes on to accuse the UK of telling traders sending goods NI-GB that they do not have to submit "equivalent information", ie to an exit summary declaration, to customs authorities, "contrary to the commitment taken by the UK in its unilateral declaration of Dec 17
10/ Sefcovic says his is convinced these are "teething troubles, for which we should be able to find swift solutions" through the EU-UK Joint Committee
11/ He also says the Commission is proposing a solution to deal with the recent anomaly which gave rise to tariffs hitting GB and rest of world steel imports into Northern Ireland
12/ However, Sefcovic says "blanket derogations" on the ban on sausages, mince, chilled meat preparations etc, "cannot be agreed beyond what the Protocol foresees already".
13/ He also says the UK had committed on Dec 17 to adjusting supply chains so that supermarkets would be in full compliance with EU law when it comes to the three month grace period absolving traders of needing Export Health Certificates for products of animal origin
14/ Finally, the letter states, if the UK wants a common travel area for pets, as the UK has proposed, and the movement of seed potatoes from GB-NI, then this would "require the UK committing to aligning with the relevant EU [sps] rules"
15/ So, this is a very hardball response by Sefcovic in response to Michael Gove's hardball letter of last week. It also reflects a hardening resolve among capitals over the UK seeming to want to rewrite the Protocol. The meeting tomorrow will be interesting...
