Wednesday 23 May 2018

HERE STARTETH THE LESSON

The latest EU Notice to Stakeholders (HERE) is really a lesson to those people arguing for the UK to remain in a customs union as a way of avoiding a hard border in Ireland. The notice tries to simplify what checks need to be made for goods "entering, transiting or leaving" the EU's external border from or to a third country. It is not immediately clear because it's trying to put over something quite complex in a very simple way. Simple enough even for Mrs May to understand.

But a moment's study shows that being in a customs union only reduces these checks by two - the need to provide proof of origin and the payment of duties. All the other border checks, market surveillance and financial controls (the great bulk of the checks) will still need to be done even if we remain in the customs union. It is clear we need to remain in the single market in addition to the customs union.

The explanatory first page says:

This slide highlights the checks and controls that need to be carried out on goods entering, transiting or leaving the customs territory of the European Union. These controls are carried out by customs authorities, in close cooperation with other competent authorities, at the external border of the European Union [e.g. in Ireland] This slide also shows what checks and controls are not required if there is a customs union between the EU and a third country [e.g Britain].

N.B.: Note that in the case of a customs union, the levying of customs duties is removed and proof of free circulation is required instead of rules of origin. All other checks and controls are still necessary. This is indicated in red in the below slide.

You can see the two items framed in red. This is the sum total of what being in a customs union will save. Let us hope someone in the British government reads it because so far, it is not at all clear that our side has the slightest understanding of what it will take to avoid a hard border, without any additional infrastructure as we agreed in December last year. Nobody has yet explained how checks on products of animal origin are to be checked by drone.