UK proposes new GB-NI food freight checks from October

The UK has proposed a new plan to phase in ‘Irish Sea’ border checks on food products transported between Great Britain (GB) and Northern Ireland (NI) in four stages from October as it seeks a solution for the post-Brexit problems in GB-NI trade. 

The details are contained in a ‘Northern Ireland Protocol roadmap’ shared with the EU that has been seen by the BBC. The protocol, part of the Brexit deal that creates a trade border between Great Britain and Northern Ireland, has led to difficulties for traders and logistics companies operating between GB and NI, especially for those moving food products.

The EU and other Brexit critics have long pointed out that the problems were an inevitable consequence of the UK choosing to opt for a ‘hard’ Brexit in which Northern Ireland has remained a part of the EU’s single market for goods while the rest of the UK has left. 

Although the UK government promised that the UK-EU Trade and Cooperation Agreement (TCA) and the Northern Ireland Protocol would not create a trade border between Great Britain and Northern Ireland, that has proven to be a false promise, with freight movements between GB and NI requiring customs declarations and phytosanitary and other checks since 1 January, although there have been delays in implementing the requirements from the UK side. In March, the UK delayed introducing some new border processes without EU agreement, leading to the EU starting legal proceedings against the UK. 

According to the BBC, the UK sent the roadmap to the EU at the end of March, setting out how the UK believes the two sides should work together to implement the protocol, with the hope that it would form a starting point for ongoing technical talks between officials. On Sunday, the UK’s chief negotiator with the EU, Cabinet Office Minister Lord Frost, urged the EU to rapidly “find a new approach and new solutions”.

Last week, Lord Frost and Secretary of State for Northern Ireland Brandon Lewis met with a number of business and community representatives on a two-day visit to Northern Ireland, in which they heard about some of the current difficulties in the operation of the Protocol and the consequent disruption to businesses and consumers.

Complexity of goods paperwork

In particular they “heard concerns about the level and complexity of paperwork required even on goods remaining in Northern Ireland, notably in the agrifood sector; about disruption to supply chains from Great Britain and consequent diversion of trade; and about the risks associated with the expiry of the grace periods and the introduction of further processes as a result”, the UK government said.

Frost and Lewis said the EU “needed to take a pragmatic and proportionate approach to the Protocol if key elements of it were to be sustainable”.

The UK roadmap document covers more than 20 separate issues including medicines, access to databases, pet travel and the VAT treatment of second-hand cars, the BBC reports, highlighting that the movement of food products from Great Britain to Northern Ireland has been the biggest practical challenge of the sea border. 

That means food products entering Northern Ireland from Great Britain need to be professionally certified and are subject to new checks and controls at ports. 

The two sides agreed an initial three-month grace period which meant supermarkets did not need to comply with all the EU's usual certification requirements. The UK unilaterally extended that grace period until October; the roadmap suggests what should happen next. 

Four phases proposed

The document states that the UK will roll out official certification in four phases, proposing phase one in October that will cover fresh meat products and phase two at the end of January 2022 will cover dairy products, plants and wine. Phases three and four would cover fruit and vegetable marketing standards, pet food, organics and composite products.

No dates are given for phases three and four, with the document saying a full timeline “requires additional clarity on infrastructure and staffing” as well progress on integrating the UK and EU certification systems. 

The BBC reports that it is not yet clear if the EU would consider these timelines to be reasonable. 

Some details are included on the UK’s Digital Assistance Scheme (DAS), which is intended to digitise the agri-food certification and verification process. It said first users should be registered next month with final testing in August, roll out in October and integration with the EU system in January. 

But no target dates are suggested for the construction of permanent border control posts at Northern Ireland's ports despite these facilities having planning permission and funding. 

However, the document added the government will set out “a detailed delivery plan” for permanent facilities, the BBC reported.

Speaking from Dublin on Monday, the Republic of Ireland’s Prime Minister Micheál Martin said the Northern Ireland Protocol was the best outcome for dealing with the damage caused by Brexit, stating that people needed to focus on the full implementation of what had been agreed.

He said Brexit had caused damage which could not be undone but added that the authorities must now do what they could to limit its damage. Martin said there was a process to resolve difficulties, and said Ireland and the EU were “in solution mode”.