There is plenty that can be done by the Irish and UK governments to prepare for dealing with the Irish border after Brexit, according to customs and trade lawyers Michael Lux and Eric Pickett.

Writing in the Irish Examiner on Monday, Lux and Pickett said that this can be done irrespective of the final relationship agreed between the UK and the EU after the Brexit process.

In her white paper on the UK’s exit from the EU last week, Prime Minister Theresa May stated that it was the aim to have “as seamless and frictionless a border as possible” between Northern Ireland and the Republic of Ireland after Brexit.

However, Lux and Pickett point out that by the UK exiting the customs union of the EU, the Irish border will become an external trade border and that customs procedures will apply.

Steps

Investments in constructing sufficient customs offices, installing scanners so that most lorries do not need to be unloaded, coloured traffic lanes for vehicles and creating compatible IT systems are listed by Lux and Pickett in the Irish Examiner as steps that can be taken to reduce red tape and delays for traders.

The lawyers state that both countries could also agree that there is only one border stop through either a joint border office or officials from either the Republic of Ireland or the UK acting for both states.

A free trade agreement between the EU and the UK is mentioned in the Brexit white paper. However, Lux and Pickett state checks as well as import VAT and excise duty will still apply.

Cost

“Controlling whether the conditions for duty-free treatment are fulfilled will be the task of the customs authorities in both countries. Complying with these rules will create an additional administrative burden for traders,” they state.

Lux and Pickett state that these formalities will increase costs to traders and some companies will have to assess if it remains economically viable to move goods over the border several times for processing.

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