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The European Commission and the British government are discussing a possible grace period so that Northern Ireland retailers have time to adjust to the significant changes that will take effect on January 1 under the Northern Ireland Protocol.
It is understood that a temporary adjustment period, if agreed to by both parties, would mean that large volumes of food destined for supermarkets and other retailers in Great Britain would not be immediately subject to additional costs and certain red tape.
Last week, Prime Ministers and Deputy Prime Ministers Arlene Foster and Michelle O’Neill sent a joint letter to the European Commission saying that any threat to the continuity of existing food supplies in supermarkets would be unacceptable.
Under the Irish Protocol, agreed by Prime Minister Boris Johnson and the EU last year, Northern Ireland remains part of the EU’s single market, while the rest of the UK leaves.
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That means that food shipments sent from Great Britain and destined for northern supermarket shelves will come from a third country and as such will be subject to EU food safety controls and checks.
On paper, these would normally include documentation for meat, fish, vegetables and dairy products. Since truck shipments are often mixed, the retail industry fears that a shipment will require hundreds of potentially expensive export health certificates.
Sainsbury’s has already said that it may have to limit the range of food products shipped to the Northern Ireland branches.
The UK and the EU have been locked in sometimes tense and sensitive talks through the Joint Committee, envisioned in the Brexit Withdrawal Agreement, in order to implement the changes.
London wants maximum flexibility, including derogations, while the EU has said it cannot rewrite EU law to suit the UK.
It is understood, however, that the UK has requested a grace period to allow supermarkets time to adjust and that the EU is considering this, on the condition that there is full compliance with the Protocol over time.
Another corollary is that the more exceptions the UK looks for, the more oversight the EU will insist on.
This, in turn, fuels the highly sensitive question of what kind of long-term presence EU officials will have in Northern Ireland to monitor how the Protocol is implemented.
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