Amid emerging differences over how the Irish Protocol will operate, sources say Article 12 of the Protocol gives the EU the power to take infringement proceedings against the UK through the ECJ
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Michel Barnier, the EU’s chief negotiator, and Ursula von der Leyen, have made it clear that checks and controls will apply when the transition period comes to an end by 31 December. An internal document, seen by RTÉ News and circulated to member states, makes it clear the EU will take a strict line on the Protocol.
It’s understood the EU will operate from a baseline that every good will be subject in principle to checks and controls, and the only role the Joint Committee will have is to decide where the tariff exemptions fall, and that it has no discretion to whittle down the degree of control and the level of paperwork.
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