LAST UPDATE | 1 Feb 2023

THE EU IS having ”very constructive talks” with Britain on post-Brexit arrangements for Northern Ireland, but no deal has yet been reached, European Commission chief Ursula von der Leyen has said.

“You know the principle: that everything is only negotiated at the very end when you know what the result is and you give a final signature,” she told a news conference following UK press reports that a deal was all but agreed.

Von der Leyen’s comments come after The Times reported the EU has accepted a plan that would avoid routine checks on goods going into Northern Ireland.

She refused to say how close the positions were.

“I cannot give partial elements because you never know until the very end how the package looks like, but as I said, these are very constructive talks,” she said.

British Prime Minister Rishi Sunak’s spokesperson, meanwhile, said there were “constructive” talks with the UK but “everything is only negotiated at the very end”. 

“No deal has been agreed, there is a still a lot of work to do on all areas, with significant gaps remaining between the UK and EU positions. 

“Talks are ongoing on potential solutions including on goods,” he said. 

A Foreign, Commonwealth & Development Office (FCDO) source earlier indicated that the claim a deal had been struck did not reflect the reality of the current state of the talks.

The FCDO suggested the newspaper’s report was speculative, saying officials were engaged in “intensive scoping talks” with Brussels and declining to pre-empt the discussions.

The Protocol was agreed by the UK and EU in 2019 as a way to unlock the logjam over securing a Brexit withdrawal agreement.

Designed as a means to keep the Irish land border free-flowing, it moved regulatory and customs checks on goods to the Irish Sea, creating economic barriers on trade between Northern Ireland and the rest of the UK.

The Times reported that the customs deal is largely based on the Government’s proposals for a red and green lanes system – with the green lane for goods from Great Britain which are staying in the region and the red lane to check and control products going on to the Republic of Ireland and the rest of the EU.

A separate agreement would be negotiated on exports of meat and live animals to Northern Ireland, with the UK agreeing to maintain EU veterinary standards on goods destined for the region.

European Court of Justice 

Citing government sources, The Times also reported that Brussels has made concessions of the jurisdiction of the European Court of Justice (ECJ), a key sticking point in UK-EU talks.

For the first time, it recognised that the ECJ could rule on Northern Ireland issues only if a case was referred by courts there, the newspaper said.

In response, the FCDO said: “Our priority is protecting the Belfast (Good Friday) Agreement and preserving political stability in Northern Ireland and the UK internal market.

“Any solution on the Protocol must address the range of issues on the ground in Northern Ireland.

“We are currently engaging in intensive scoping talks with the EU to find solutions to these problems.”

The Times reported that while the customs element was apparently “finalised”, the role of the ECJ and details of the veterinary arrangements were not.

Both sides are keen to reach an agreement to break the logjam over the contentious trading arrangements before April’s landmark 25th anniversary of Northern Ireland’s historic Good Friday peace agreement.

Many unionists in Northern Ireland are vehemently opposed to arrangements they claim have weakened the region’s place within the union.

The devolved powersharing institutions at Stormont collapsed last year after the DUP withdrew co-operation as part of its protest against the Protocol.

President of the European Parliament Roberta Metsola spoke to RTÉ’s News at One this afternoon. 

When asked whether a structure should be put in place that would give Northern Ireland a voice in Northern Ireland, since the region does not have members in the Parliament anymore, Metsola said “potential solutions” need to be found. 

“First of all, to comprehensively address the concerns of all communities in Northern Ireland on the ground while also protecting Northern Ireland’s place and the UK internal market and the integrity of the EU signal market,” Metsola said. 

“We are actively listening to the people of Northern Ireland. We’ve had several delegation visits from the European Parliament, we will continue them, and members of the European Parliament … have made it very clear that they want to continue to contribute and listen and make sure that all local stakeholders are involved,” she said. 

Door ‘remains open’

Brussels’ former chief Brexit negotiator Michel Barnier said today that the door “remains open” for Britain to rejoin the European Union at any time. 

Speaking in London, Barnier said he would like the two sides to work together urgently to build a new partnership, including an agreement on defence and security co-operation.

Asked about the prospects of the UK rejoining the EU, he said that is a matter for the British people to decide.

He said: “It is not for me to give advice to say you have to join or not to join. It will be your choice, the choice of your leaders, the choice of your MPs. It will be your choice and your sovereign choice, exactly as Brexit has been the choice of the UK people.

“The door on the EU side will remain open any time – for you and some others. If Switzerland or Norway were to change, the door is open. Everybody knows the conditions.”

He said he believes there is a willingness on both sides to resolve the differences over the Northern Ireland Protocol, which could in turn pave the way for further progress on other issues.

With reporting by Press Association and - © AFP 2023