It's OUT! My latest #Brexit Briefing for @FinancialTimes - examining @BorisJohnson
"buy now, pay later" Northern Ireland Protocol, why the EU-UK trust deficit is killing it, how that can be restored - because it needs to work. /1

@BorisJohnson The danger here is that lingering animus over the opportunistic nature Johnson's Faustian bargain - dividing his Kingdom in order to 'get #Brexit done' and win an 80-seat majority - is clouding judgement on both sides of the Channel /2

@BorisJohnson The facts of the Protocol are no less true for Johnson's constant denial of them - that there would be checks, that there really is a trade border that now prevents plants and pets from travelling freely from Bedford to Ballymena as M.Gove reminds us. But these are other facts/3

@BorisJohnson Firstly, NI remains part of UK, even if it is now has EU customs rules.

Secondly, NI remains politically divided and fragile; the Good Friday Agreement is a constant work in progress.

Thirdly, both the EU and the UK agreed to this unsatisfactory arrangement jointly. /4

@BorisJohnson Fourthly, therefore, they have a joint responsibility to make it work because

Fifthly - and most importantly — there is no alternative to it. /5

🚨🚨🚨🇪🇺🇬🇧🚛🚒🇪🇺🇬🇧🚨🚨🚨 serious #brexit story alert - companies now starting to see penny drop on what rules of origin does to supply chains (food for example) but Brussels seems deaf to both EU & U.K. pleading. A bellwether? 😬 Stay with me. 1/


So first the problem: its a tad complicated but basically goods that are imported into UK and then 'hubbed' onwards into Ireland or other parts of the EU are facing full EU tariffs - this is particularly bad for food stuffs, which attract high tariffs. Why is this? /2

It's a function of the Rules of Origin clauses that mean that goods have to sufficiently "originate" in the UK to qualify for zero-tariff entry to EU (and vice versa).

But to qualify, you have to do something to the goods - process them or add value - not just punt them on /3

The brilliant @AnnaJerzewska does a better job than me of explaining, but the important thing is that this is a nightmare for companies that 'hub' /distribute products through the UK - and that's both EU and UK companies /4

So both the @Foodanddrinkfed and EU groups like @CAOBISCO_EU (chocs etc) say they want the EU Commission to fix this with a derogation/waiver that takes into account proximity and interdependence of EU/UK supply chains. /5

Good to see @Marthakearney on @BBCr4today taking @pritipatel to task over the numbers of lorries in Dover - now 1,500 in Stack (M20) and Manston airfield combined - rather more than 170 that @BorisJohnson said yesterday, baffling haulage groups /1

@BBCr4today @pritipatel @BorisJohnson She won't say whether lorry drivers will have to take a PCR test (long-winded, requires RNA extraction etc. 24-48hrs) rather than much faster (and less sensitive) lateral flow test. Short Strait will struggle to operates with PCR tests. You'd need one yesterday for tomorrow! /2

@BBCr4today @pritipatel @BorisJohnson Because of the delays that have empty lorries already stuck in the queues, in an earlier interview British Retail Consortium @the_brc Andrew Opie said fresh food shortages would occur within days because lorries couldn't get back to Spain etc to reload /3

@BBCr4today @pritipatel @BorisJohnson @the_brc Haulage experts like @RHADuncanB are always at pains to explain that the lorries at Dover (and GB-IE, for that matter) are flowing in a continuous cycle. More than 85% are from EU countries. So if you block one side, or artery the whole system starts to grind to a halt/4

@BBCr4today @pritipatel @BorisJohnson @the_brc @RHADuncanB This episode has been a bit of a teaching moment, exposing the canard that the UK can unilaterally "take back control of its borders". It can't. Borders are membranes. Traffic flows in both directions. Actions by one side impact the other - as French move has demonstrated. /5

It's OUT! The first #Brexit Briefing of 2021...which explores how unrealistic some industry expectations are about 'fixes' to the current deal, now the penny is dropping about what it means for supply chains and UK position vis-a-vis EU

So take the example this week, where the @Foodanddrinkfed raised the issue that UK-hubs for food and drink were "unworkable" since goods that came in from the EU were attracting full tariffs when the were spun back into Ireland or other EU members /2



They were backed by other EU associations - and both said they would lobby UK govt and @EU_Commission to 'fix' what they presumed was an "unintended consequence" of the deal....except that both EU officials and UK govt have basically shrugged. The deal is the deal. /3

@EU_Commission This is in no way confined to food industry - clothes and retailers are also hard-hit.

But lots of industry has wrongly bet that 'common sense' and 'self interest' would prevail once the nasty negotiations phase was out the way...but that's not the signal being sent. /4

As one EU official puts it: “You can’t expect the UK to remain the food import hub for the EU. It’s not sustainable, and makes no sense in the mid-to-longer run." And that applies to financial services, clothing, retail goods....a bureaucratic curtain has descended. /4

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UK’s £35bn fashion industry warns of “decimation” from #brexit - big names sign open letter to @BorisJohnson urging action. Many of 50,000 SMEs on the rack due to VAT, customs and work permit issues. Stay with me/1


You can read the full text of the letter here, co-ordinated by Fashion Round Table @FashionRoundTab, but tl;dr it says that #Brexit has left a "gaping hole" in an industry that relies of free movement of professionals. It's a familiar cry /2



@FashionRoundTab The industry, already whacked by #COVID19, is now discovering that cross-border sales are a horror (VAT, Customs, long delays) and models, stylists, photographers that used to blat around Europe can't any more. They need permits, for themselves, for their gear /3

It is on one level amazing that this is only just fully dawning - as the musician industry found out recently - but fashion is not just big names and big companies. It's actually a mountain of small companies and sole traders often that feed into a huge (£35bn) industry /4

I've written about fashion models issue before (they need tier-5 sponsorship visas) and how that will erode London's status as a hub, but this goes so much wider than this - hence the #dontmakefashionhistory campaign - and comes down the lack of a mobility chapter in the deal /5

NEW. 🚨🚨🚛🇬🇧🙄🚛🚚🚨🚨 clear signs govt is preparing for coming #brexit turbulence - consulting on new fast-track scheme for food lorries returning to Europe /1



The idea is that 300 lorries a day will be granted 'fast track' permits so they can go back EU and replenish supplies...this is because (see below) the gov fears that potential for disruption is "high" /2

The 8-page consultation document notes this is both because of #Brexit but also because of #COVID19 and continued French insistence on checks on all drivers from UK. /3

Lots arriving in Kent without clear tests SO separately Dept for Transport is considering £150 fines for drivers that don't have clean tests before entering Kent - problem, say hauliers, is that this requires communicating with EU-based drivers (85% from EU) /4

The govt is worried that disruptions will risk the kind of panic-buying we saw in early #COVID19 pandemic /5

The UK refusing to give full diplomatic status the EU's mission in London is baffling at at time when @BorisJohnson is trying to connect with @JoeBiden - because it recalls what Trump administration did to the EU ambassador back in 2019. Stay with

@JoeBiden The spat has been going for a while - we reported it in May, when the #Brexit trade talks were getting testy and - I assumed - it was the UK seeking a bit of leverage as the talks progressed. But we have a deal...and still no deal on the EU

@JoeBiden Essentially the UK government wants to treat the @EUdelegationUK as a "international organisation based in London" - and not accord it full diplomatic status, as almost every other country in the world does, including the United States /3

@JoeBiden @EUdelegationUK Indeed when EU formed it's External Action Service (EEAS) the UK supported the idea that EU representatives should be full ambassadors - a fact reflected in the Treaty of Lisbon which we signed - and which reflected on fact EU had a currency, made laws etc. /4

@JoeBiden @EUdelegationUK It took some time for everyone to recognise this, but after @BarackObama came to power in 2016 even the USA did the same....then along came Donald Trump and in 2019 surreptitiously downgraded the status of the EU ambassador @D0Sullivan /4

🚨🚨🚚🚛🚨🚨email from Robert Hardy @RobHardyFR8 whose Customs Clearance Consortium is part of govt’s £200m scheme for GB-NI border warns of “huge shortage” of customs agents. Via @SJAMcBride /1

https://t.co/WoLWdI8LoF

He adds: “Export from GB with import to Ireland [is] amongst the most complicated...We expect heavy volumes at Dover from tonight as GB exports start to ramp up and many transporters do not have transit and EU clearance in place.” ...remember @BrandonLewis ‘no border’ tweet 🙄/2

He then warns - as @RHARichardB had warned - that the issue is companies providing poorly cleansed/matched data...and announces CCC doesn’t have capacity to raise docs in mainland EU/3

This is example of what Biz needs to do when moving agri foods - hauliers and vets tell me there is still no solution from Defra/Daera on how to do multiple pickups that require export health certificates at each stop (not uncommon) /4

In the next week or two we’ll see how these issue play into supply chains - and the issue that trucks flow in a cycle, GB-NI/IE-GB...so you need enough returning to keep the flow going. /5

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As #brexit talks drift towards the rocks, trade groups say plans for Irish Sea trade border after Brexit are ‘in a mess’ via, my latest via @FT ...this is an issue coming deal or no deal. Stay with me 1/


So to recap, under Northern Ireland protocol negotiated in the Withdrawal Agreement all goods going from Great Britain to NI must confirm with EU customs code. To avoid new border in Ireland, that means trade border in Irish Sea - new paperwork, new systems. Operational Jan 1/2

The problem is that because the FTA negotiations are stuck, the negotiations in the Joint Committee on how to implement the Protoocl (and @michaelgove is with @MarosSefcovic talking today) haven't yet born fruit. That means a LOT of uncertainty. /3

@michaelgove @MarosSefcovic How much uncertainty? Well, as @MichaelAodhan tells me, a lot. Research by the Northern Ireland Business Brexit Working Group (NIBBWG) found only 20% of members were ready. And its not their fault: need info on tarifs, computer systems etc. And are not getting answers /3

@michaelgove @MarosSefcovic @MichaelAodhan Now. The Government has earmarked £200m for the Trade Support Service run by Fujitsu and the Customs Clearance Consortium with @ShankerASingham @RobHardyFR8 to help business process new paperwork...BUT even it cannot answer lots of Qs, and won't help with animal/SPS issues. /4

NEW: 🚨🇪🇺🇬🇧🚛🚚🍤🐟🚢🇬🇧🇪🇺🚨 Building of Brexit border posts faces delays via...industry calling for delay to July 1 U.K. #brexit border roll out - my latest via ⁦@FinancialTimes⁩

This goes back to last year, when UK gov got £430m of bids for new Border Control Posts and only funded £194m worth - and those bids that won took a 33pc 'haircut'. Result, everyone unhappy - those that got nothing, and those that won, got not enough

The result is that ports looking to build BCPs to accommodate new border coming in from July 1 say they haven't got enough money. They want either delays to border on July 1, or flexible implementation. /3

So as @timgmorris of @UKMajorPorts group tells me: “We need urgent action from the government to show flexibility either on the July 1 deadline or what is required on that date....or accept potentially serious implications for traffic flows this summer." /4

@timgmorris @UKMajorPorts As @richard_bpa of @britishports says “There is now a real danger that customs infrastructure won’t be ready by July in some ports and we’re urging ministers to take a pragmatic approach to ensure that goods can continue moving at those locations,” /5

BREAK: The UK drops all its 'law breaking' clauses - including plans for more in forthcoming taxation bill - after @michaelgove
and @MarosSefcovic agree deal on terms of implementing Northern Irish Protocol. 1/

https://t.co/MdBbcI8vjd

@MarosSefcovic This is obviously very good news - recalling that it relates to the implementation of last autumn's deal to allow #Brexit to happen without returning a trade border to island of Ireland...but leaving one in the Irish Sea. /2

@MarosSefcovic The statement says that the two sides have determined "criteria for goods to be considered 'not at risk' of entering the EU" - though the extent to which goods pay tariffs UK-EU will depend on whether we get an FTA with the EU. (Even if we do, some still will) /3

@MarosSefcovic The two sides have also agreed on the 'reachback' of Article 10 or the "application of State aid under the terms of the Protocol" which the UK govt feared could be used to constrain UK govt subsidy decisions after January 1 /4

@MarosSefcovic This was because EU state aid law applied to UK in respect of NI Goods - so risk of 'catching' a UK decision to, say, give a bank a tax break if it had NI Clients...thereby blowing hole in @BorisJohnson 'sovereign' Brexit. An understanding has been reached here. /5

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So here it is. After the euphoria, the @FinancialTimes @FTMag long read of how @BorisJohnson did his Trade deal with the EU. Tl:dr...not so much “build back better”, more “build back the borders” - stay with me/1.

@FTMag @BorisJohnson The really under-appreciated part of this story is the extent to which the Johnson government, having won its 80 seat majority promising to "Get Brexit Done" then explicitly and actively chose the hardest possible version of #brexit in defiance of commercial interests /2

@FTMag @BorisJohnson Our story begins in January last year when David Frost commenced what Whitehall insiders call a "Star Chamber" process to strip away anything that might be considered more than a "Canada-style" deal - regardless of the fact that UK doesn't trade with EU like Canada! /3

@FTMag @BorisJohnson So what did that mean in practice?

Well, for example leaving EU aviation safety agency (EASA); Chemicals agency (ECHA), not getting a waiver of 'safety and security' declarations for hauliers, not seeking special arrangements for animal products...on and on it goes /4

@FTMag @BorisJohnson Didn't industry object? Well yes it did - but those who yelled too hard found themselves shut out of the door.

Did Whitehall object? Yes it did - Defra and Beis and Treasury all tried at some level to temper the revolutionary fury. But mostly failed. /5