Brussels has ruled out any further protocol talks over the European Court of Justice after the UK dropped demands over the role of EU judges in Northern Ireland.
British negotiators had hoped that the European Commission would agree to a staged approach to Northern Ireland Protocol talks but that was also dismissed by EU officials.
Maros Sefcovic, the commission vice president, said the European Court of Justice (ECJ) had an “irreplaceable role” as he ruled out any future negotiations, “it is not in my mandate”
“Without the European Court of Justice, you cannot have the access to the single market. It’s as simple as that,” he told reporters in Brussels.
It was “the topic we are not ready to include in our discussions”, he added.
Ending the influence of the ECJ was one of Lord Frost’s red lines in the negotiations but has now been put on ice for the foreseeable future.
The UK will now accept the ECJ having the final say on matters of EU law as it is applied in Northern Ireland.
This means EU judges making rulings on cases, which must be followed by Northern Irish courts, and potentially the UK appearing before the ECJ if it fails to implement EU law properly.
The protocol gives the Luxembourg based court oversight of EU law in Northern Ireland, which continues to follow Single Market rules after Brexit to prevent a hard Irish border.
The UK is particularly concerned it could end up in the ECJ, which it sees as biased in favour of the EU.
The UK is understood to have offered alternatives, including a Swiss-style arbitration system that would keep the ECJ at arm’s length, but those were ruled out by EU officials in Brussels.
Privately, Lord Frost told MrSefcovic, if there is to be an “interim deal” in the New Year, both sides must agree to discuss governance, and the role of the ECJ.
Lord Frost has called for a staged process, which would focus on cutting customs checks on British goods.
The Brexit minister is willing to accept a role of the EU’s top court if it doesn’t have a wider role in arbitrating future disputes over the Protocol.
Under the current scheme, the Luxembourg-based court would have the final say over the implementation of EU law in Northern Ireland but would not have a final say in settling disputes.
“What’s not working is the court as the final arbiter of disputes between the two parties,” said a UK source.
“Given the gravity and urgency of the difficulties, we have been prepared to consider an interim agreement as a first step to deal with the most acute problems, including trade frictions, subsidy control, and governance,” Lord Frost said after talks with his EU counterpart Maros Sefcovic.
An EU official said, “Our objective is to reach a conclusive understanding with the United Kingdom, not to do things in stages.”
Lord Frost said, “It is disappointing that it has not been possible to reach either a comprehensive or worthwhile interim agreement this year. A solution needs to be found urgently early next year.”
He repeated his threat to trigger Article 16 of the protocol, and override parts of the treaty, if necessary. Protocol talks will resume next year after a short Christmas break.
Mr Sefcovic launched a bill to change EU law to allow the UK medicines regulator to authorise new and existing drugs for use in Northern Ireland, which continues to follow EU pharma rules after Brexit.
Paris will ask the European Commission to open post-Brexit litigation proceedings against Britain over a long-running dispute on fishing licenses for French boats in British waters, France’s European affairs minister said.
“In the coming days we will ask the European Commission to launch litigation, a legal procedure, for the licenses we are entitled to,” Clement Beaune said after President Emmanuel Macron met fishing representatives and local officials.
Britain agreed to issue an additional 23 licences to French fishermen on Saturday, but France believes it is entitled to around 80 more UK licences.
