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The dispute over the exit deal escalated when Northern Ireland Minister Brandon Lewis admitted in the House of Commons on Tuesday that the bill “violates international law in very specific and limited ways.” In Brussels this was seen as an open affront. Many diplomats believe that Johnson is deliberately trying to sabotage negotiations on future relations. This impression was reinforced by the fact that the UK Government’s chief legal adviser resigned in the dispute over the bill. “Then there must be a fundamental conflict in which Johnson has spoken his word of power,” concluded an EU diplomat. In this case, it would not make much sense for the EU to continue the talks. To clarify this, the President of the Commission, Ursula von der Leyen, had sent her responsible deputy to London. At the same time, chief negotiators Michel Barnier and David Frost met at the end of the eighth round of negotiations.
From the British side it was said this week that they would only make some adjustments to the exit agreement. There are some loose ends because it was negotiated under great time pressure. The time pressure was really great, but the passages that are now at stake were the decisive ones. The new Prime Minister Boris Johnson wanted to get rid of the “backing” that was hated in the kingdom. This alternative solution stipulated that the entire UK would remain in a customs union with the European Union if necessary to avoid a border on the Irish island. In October, Johnson found a new solution: Northern Ireland remains largely in the EU’s domestic market, but it is also part of the British customs area. This leads to some complicated regulations, especially for Northern Ireland companies.
“I will instruct you to throw the form in the trash”
Three weeks after Johnson signed the new protocol on Ireland and Northern Ireland, the Prime Minister met with businessmen in Belfast. One of them asked if he could tell his staff the next morning that they did not have to fill out any customs forms for goods going to the British Isles. “It can,” Johnson replied. “If someone asks you to do that, tell them to call the Prime Minister and I will instruct them to throw the form away.” Even then, the European Union was alarmed, but it was campaigning and you were confident in the binding force of the agreement. Of course, Johnson continued his line even after it was ratified. Most recently, during a visit to Belfast in mid-August, he said that “there would be no trade barrier in the Irish Sea, just over my corpse.”
Indeed, that barrier is at the center of Johnson’s negotiated solution. In order for the UK as a whole not to have to remain in a customs union with the EU, the Prime Minister was willing to somewhat delink Northern Ireland from the Kingdom. Goods brought in from the UK to the Irish island must be checked and cleared by customs in accordance with EU health and safety regulations from the beginning of next year if they are destined for the EU. London can keep the customs revenue. By contrast, Northern Irish companies exporting to the British Isles do not have to declare their goods, but must declare them in advance. You must complete a so-called “Exit Summary Declaration” before export, thus declaring that the merchandise complies with EU safety standards; this must also be verified by customs, at least on random samples. Customs checks whether weapons, drugs or contraband such as cigarettes are being transported illegally. For Northern Ireland employers this means extra work. Most of them only supply the UK market and so far they have not had to buy the electronic reporting systems.
