It is not the hype of the EU’s presentation of their Protocol proposals which matters, but the actual content of the four published ‘non-papers’. They tell a very different story.
Instead of the pretence of stretching itself and benevolent generosity, the papers convey the unyielding dogma of the EU.
Once more GB is cited as a ‘third country’, vis-a-vis Northern Ireland; the EU asserts no need to amend the Protocol; goods placed on the Northern Ireland market must comply with EU SPS requirements;1 any relaxations are subject to strict pre-conditions of further Irish Sea border building and EU meddling;2 changes already perfected by the operation of the Protocol to supply chain changes (ie diversion of trade from GB to ROI) and which are evolving must be respected;3 simplified rules for whole lorry contents still requires detailed documentation for each product available electronically for inspection; some meat products from GB would still be prohibited;4 to send meat products to NI the GB production plants would have to comply with EU rules;5 movements of SPS products for processing in NI, or even to farmers, would be excluded from any relaxation;6 even on medicines only those produced in GB in compliance with EU rules can be moved to NI. 7
And when it comes to the vital sovereignty and democratic deficit issues the proposals would make a figleaf blush. On democratic accountability, EU offers a website, it might publish minutes of the JCWG, allow talking shops (fora), and some MLAs might be admitted to another talking shop with MPs and MEPs!
There is no facing up to the outrageous situation that NI is to be governed in respect of much of our economy by foreign laws which we did not make and cannot change. Vassalage, overseen by a foreign Supreme Court (ECJ), is the EU’s prescription for this part of the United Kingdom.
So, far from laying the basis for a solution the EU’s proposals would in many instances tighten the noose and certainly do nothing to address the core issue of their ill-gotten sovereignty over Northern Ireland.
Notes
You can read the EU’s proposals here https://ec.europa.eu/info/
1 SPS goods shipped from Great Britain to Northern Ireland are subject to the regime (health conditions/requirements, certification and controls) applicable to imports from any third country, including any mandatory checks, and must fully comply with the relevant EU SPS requirements. (Paragraph 6 here https://ec.europa.eu/info/
2 Any EU’s move towards a bespoke solution is subject to a number of pre-conditions, such as the UK delivering on access to IT systems in the customs area and completion of the construction and staffing of permanent Border Control Posts, in accordance with the findings and recommendations of the Commission’s recent audit report on the functioning of Border Control Posts in Northern Ireland. (Paragraph 10 here https://ec.europa.eu/info/
2 Union representatives in Northern Ireland and relevant market surveillance authorities would have to play an active monitoring role. (Paragraph 12 3/ here https://ec.europa.eu/info/
3 Addressing these issues of principle and, importantly, also the scope of any bespoke solution must be based on a thorough risk assessment and an analysis of changes that have already happened or are being implemented in supply chains (based on evidence from the UK and stakeholders and EU’s own statistical data – for instance, there is clear evidence that supermarkets have already managed to restructure their supply chain to an extent), and any evidence of or possibilities for further supply chains adaptation. (Paragraph 11 here https://ec.europa.eu/info/
4 If, despite the further adjustment of supply chains, the bespoke solution would also include some meat and meat products subject to prohibitions and restrictions.. (Paragraph 12 2/ https://ec.europa.eu/info/
5 basic production requirements in Great Britain would need to remain aligned with those in the EU. (Paragraph 12 2/ here https://ec.europa.eu/info/
6 movements of SPS goods to other operators of the food chain such as farmers or other food processors in Northern Ireland would be excluded. (Paragraph 12 2/ here https://ec.europa.eu/info/
7 the UK should fully apply the relevant Union legislation on medicines – on quality, safety, efficacy, pharmacovigilance and batch testing and release – when issuing national marketing authorisations in respect of Northern Ireland (Paragraph 11.a here https://ec.europa.eu/info/