Ireland launches Brexit Readiness Action Plan

Four months out from the end of the transition period of the UK’s departure from the European Union, a Brexit Readiness Action Plan published by the Irish government set outs the necessary preparations for ‘substantial and enduring’ changes that will begin on January 1, 2021.

The UK departed from the EU on February 1, 2020, after both sides had concluded a Withdrawal Agreement that facilitated an orderly departure. The agreement includes a Protocol on Ireland and Northern Ireland that protects the peace process and avoids a hard border on the island of Ireland, while preserving the integrity of the EU Customs Union and Single Market and Ireland’s place therein.

In a unilateral shock development, the anticipated UK Internal Market Bill published this week however gives power to amend how the UK could implement the Northern Ireland Protocol – already agreed as part of the Withdrawal Agreement – if it can’t reach key decisions with the EU.

EU Commissioner Maroš Šefčovič said progressing the Bill in its current form would be an “extremely serious violation” of the accord. The EU “will not be shy” in taking legal action if Britain does not back down.

Current affairs

To date, the EU and the UK have completed seven formal rounds of negotiations but progress ‘has been disappointing’, the plan notes.

While Ireland continues to support ‘the closest possible relationship’ between the EU and the UK, ‘prudence dictates that we approach our readiness planning’  based on two scenarios: a limited Free Trade Agreement (including fisheries), or a hard Brexit with the EU and UK trading on World Trade Organisation terms.

‘It is vital that government, businesses and citizens understand the changes that will arise and take steps now to mitigate the risks.’

Landings to GB ports 

Irish fish vessels that land directly into ports in Great Britain will be subject to additional Illegal, Unreported and Unregulated (IUU) fisheries control from January 1 next.

Vessels will only be able to land into designated landing ports for third-countries and will have to notify the UK competent authorities at least four hours in advance for fresh fish and a minimum 72 hours in advance for frozen fish.

The UK government has indicated that direct landings from EU vessels will  be permitted only in the following North East Atlantic Fisheries Commission (NEAFC) designated ports: (Aberdeen, Falmouth, Fraserburgh, Grimsby, Hull, Immingham, Kinlochberview, Lerwick, Lochinver, Peterhead, Plymouth, Scrabster and Ullapool.)

The UK however has yet to finalise the list of IUU designated ports.

Depending on the outcome of the negotiations, Ireland’s seafood sector ‘could be especially significantly impacted’ by Brexit.

Ireland strongly supports the EU’s position on fisheries as set down in the negotiating mandate which calls for the existing reciprocal access conditions, quota shares and the traditional activity of the Union fleet to be upheld in respect of fisheries.

‘In line with the Political Declaration, agreed between the EU and the UK, and with the EU mandate, an FTA [Free Trade Agreement] will only be concluded with an agreement on fisheries.’

Published just 24 hours before the ‘Boris bombshell’, the action plan also notes that in accordance with the Protocol on Ireland/Northern Ireland, ‘Northern Ireland will remain aligned to a limited set of Union rules’, notably related to goods and the Union Customs Code.

‘Northern Ireland must fully comply with relevant EU riles and standards, for example on food products and live animals to ensure adherence to SPS and IUU requirements.’

Seafood exposure

The agri-food and fisheries sector is seen as one of the most exposed to the impacts of Brexit, due to its exposure to the UK market and requirement for sanitary and phytosanitary (SPS) controls.

Regardless of the trade negotiations outcome, changes will arise from January 1 next. The UK’s status as a third-country brings new customs and regulatory requirements under EU legislation for importers and exporters of agri-food products. New SPS requirements (documentary, identity and physical checks on imports) on fish will be applied to trade with Great Britain. (Visit SFPA for further details)

‘While SPS checks are important to ensure food safety and protect customers, they will also increase the cost of trade and result in delays in the movement of goods…’

Export certification and other requirements regarding movement of goods into Great Britain will also arise, the plan notes.

Latest UK communication

(October 8) The latest communication on designed ports for direct landings by EU vessels from January 1, 201, is outlined in the UK government’s revised border operating model which states, inter alia:

‘Additional requirements for direct landings of marine-caught fish, crustaceans and their products by EU-registered fishing vessels.

EU-registered fishing vessels intending to land their catch directly into GB must land into an appropriately designated port in line with IUU fishing rules and the North East Atlantic Fisheries Commission (NEAFC) convention. Details can be found online’.

The latest information available from DEFRA, published September 29, 2020, states:

‘EU fishing vessels must lands into a North East Atlantic Fisheries Commission (NEAFC) designated UK port: Aberdeen [1]; Falmouth, Fraserburgh [1]; Grimsby; Hull [2]; Immingham [2]; Kinlochbervie [1]; Lerwick [1]; Peterhead; Plymouth [1], Scrabster [1]; Ullapool [1].

1. Not an EU Border Inspection Post (BIP), therefore may only authorise transhipments of frozen fish products coming from vessels flagged outside the European Economic Area unless they are covered by bilateral arrangements.

Only frozen fish coming from Norwegian, Icelandic and Faeroese flagged vessels may be landed here.

2. Limited access to services