Finding a solution to the backstop will require technology and infrastructure, experts have warned
Are there alternatives to the Irish backstop in the Brexit plan?
The Irish backstop has created major problems for the prime minister in trying to get her Brexit deal through parliament - Catherine Barnard and Georges Baur have taken a look at some of the alternative options
Given the fights there have been over the backstop, are there no conceivable alternatives to it? The hunt for such alternatives inevitably leads to examples of other borders and it is usually only a matter of time before someone volunteers the Switzerland-France border as a model. Switzerland is in Schengen (so no need for passport checks) and regulations on goods are broadly aligned with those of the EU.
Switzerland is not in the EU’s customs union nor its VAT regime, and that means border checks are required. Its watches and cuckoo clocks literally run like clockwork, so, the argument goes, must its borders.
But it’s not as simple as that. As the Swiss Federal Customs Administration makes clear, even though they have the latest technology and much paperwork is done away from the border, there is still some physical infrastructure and delays of up to four hours if a lorry is searched.
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In 2018 Switzerland launched a new IT-based customs transformation programme. This programme aims to simplify, harmonise and fully digitise customs tax and duty collection processes. It should be in place by 2026.
However, this programme will not make controls at the border redundant. Quite the opposite. Because routine administrative work and bureaucratic procedures will be replaced by IT-based solutions, personnel will be freed up. These people will be used to strengthen security, especially for control functions and reinforcement of criminal prosecution. Some of these functions will continue to apply at the border. Hence, even with a highly technologically advanced customs management system, controls at the border will not become obsolete and nor will customs infrastructure vanish.
How Brexit will affect your travel to Europe
Show all 14
How Brexit will affect your travel to Europe
1/14 Passports
British passports that expire after 29 March 2019 will continue to be valid as UK travel documents, but will lose the power that comes with being a European Union passport – notably the right of free movement within the EU27.
UK passports issued from 30 March 2019 will have the words “European Union” removed from the cover and the first page (along with the translations into Welsh and Gaelic). But they will still be burgundy. By October 2019, new British passports will have dark blue covers
Getty
2/14 Pets
You will still be able to travel to the EU with your pet after Brexit, but it could well get more complicated depending on the status that the European Union decide to apply. If the UK is given “Part 2 listed status”, there would be some extra requirements for travelling pets and owners post-Brexit. “These would require an additional visit to the vet and some additional papers to be carried but would not prevent you from enjoying your trip,” says Eurotunnel.
But it adds that if the UK is given unlisted, third-country status, “owners who wish to travel with their pets from the UK to EU nations will need to discuss their specific preparations and requirements with an Official Veterinarian at least four months prior to their desired travel date
AFP/Getty
3/14 Eurotunnel/Eurostar
The Treaty of Canterbury between the UK and France governs the Channel Tunnel link and operations will continue – subject to any local disruption at Folkestone and/or Calais
AFP/Getty
4/14 Driving
Motorists, whether taking their own cars or hiring abroad, are likely to need to obtain an International Driving Permit or two; different EU countries are signed up to different treaties, so for a trip embracing Spain and France you would need both types.
These are currently sold from a limited number of Post Offices, but the government intends to make them widely available. The cost is £5.50 for each.
Motor insurance will no longer automatically extend to the EU. Insurers will provide on request a “Green Card”, for which an extra charge will be made
PA
5/14 Flights
Even in the event of a no-deal Brexit, flights will continue to operate between the UK and European Union.
However, in the event of the UK leaving with no deal, many flights are likely to be cancelled because departures would be capped at 2018 levels. As UK airlines have already announced thousands of new flights to Europe from the end of March 2019, some would have to be cancelled
Getty
6/14 Air routes
The network of flight links between Britain and eastern Europe could be affected by any reduction in the number of workers from those countries. Not only do they use the flights – so do their families and friends
PA
7/14 Flight disruption rights
Current European passengers’ rights rules, known as EC261/2004, stipulate high payouts for delays and cancellations that cannot be attributed to “extraordinary circumstances”. Buried in a document called Beyond the Horizon: The Future of UK Aviation, the government says “the UK will not fall below current standards of protection when we leave the EU”
AFP/Getty
8/14 Entry regulations to the European Union
From 11pm GMT on 29 March 2019, UK travellers will become “third-country nationals” when travelling to Schengen countries and subject to the standard rules of admission for citizens of nations such as the US, Japan and Australia. That means there must be at least 90 days (roughly three months) left on your passport beyond your intended date of departure.
Because third-country nationals can remain in the Schengen area for 90 days, the actual check carried out could be that the passport has at least six months’ validity remaining on the date of arrival
Getty
9/14 Online registration prior to travel – ETIAS
From 2021, non-EU nationals who do not require a visa to enter the Schengen area – including British travellers – will need to request prior authorisation to visit Schengen countries.
The Travel Information and Authorisation System (ETIAS) is aimed at reducing the “migration, security or public-health risk” from nationals of visa-exempt third countries, which is what the UK will become after Brexit. It costs €7 for three years
AFP/Getty
10/14 ‘Brexit clauses’
A large number of travel providers – even including National Express coaches – have added “Brexit clauses” to their terms and conditions. These generally specify that they will not be liable for “consequential losses” as a result of Brexit-related issues
PA
11/14 ‘Fast track’ lanes for passport control entering EU countries
British passport holders will not be able to use them, and must join the queue for third-country nationals.
People holding an EU passport or ID card as well as a British passport will be able to exit the UK on the British passport but enter Europe on the EU document
Getty
12/14 Ferries
The ferry industry insists vessels will continue to sail. The UK Chamber of Shipping says: “Unlike the carriage of cargo, trade deals do not have a significant effect on the cruise and passenger ferry industry. The explicit standardisation of commodity codes and tariffs associated with trade deals have little relevance to holidaymakers.”
Having said that, the government and Kent County Council are planning for possible chaos at Channel ports because of a backlog of trucks in the event of a no-deal Brexit. This would impinge on holidaymakers’ plans
PA
13/14 European Health Insurance Card (EHIC)
The EU says: “If you fall ill or have an accident during a visit to another EU country, as an EU citizen you have the right to receive the necessary public healthcare in any EU country under the same conditions as people in the host country.” The EHIC also works in Iceland, Norway, Switzerland and Liechtenstein.
Treatment, says the NHS, is “at a reduced cost or, in many cases, free of charge”.
From 11pm GMT on 29 March 2019, when the UK ceases to belong to the European Union, British travellers will have no automatic right to use the EHIC.
There is no certainty about what may replace it
PA
14/14 Mobile phones
From 30 March 2019, the law banning mobile phone firms from charging extra for calls and data in Europe will cease, though operators have yet to set out exactly what will replace it. In theory, mobile phone firms can impose whatever fees they think the market will bear.
But Dave Dyson, chef executive of Three, says his firm is “committed to maintain the availability of roaming in the EU at no additional cost following Brexit”
AFP/Getty
1/14 Passports
British passports that expire after 29 March 2019 will continue to be valid as UK travel documents, but will lose the power that comes with being a European Union passport – notably the right of free movement within the EU27.
UK passports issued from 30 March 2019 will have the words “European Union” removed from the cover and the first page (along with the translations into Welsh and Gaelic). But they will still be burgundy. By October 2019, new British passports will have dark blue covers
Getty
2/14 Pets
You will still be able to travel to the EU with your pet after Brexit, but it could well get more complicated depending on the status that the European Union decide to apply. If the UK is given “Part 2 listed status”, there would be some extra requirements for travelling pets and owners post-Brexit. “These would require an additional visit to the vet and some additional papers to be carried but would not prevent you from enjoying your trip,” says Eurotunnel.
But it adds that if the UK is given unlisted, third-country status, “owners who wish to travel with their pets from the UK to EU nations will need to discuss their specific preparations and requirements with an Official Veterinarian at least four months prior to their desired travel date
AFP/Getty
3/14 Eurotunnel/Eurostar
The Treaty of Canterbury between the UK and France governs the Channel Tunnel link and operations will continue – subject to any local disruption at Folkestone and/or Calais
AFP/Getty
4/14 Driving
Motorists, whether taking their own cars or hiring abroad, are likely to need to obtain an International Driving Permit or two; different EU countries are signed up to different treaties, so for a trip embracing Spain and France you would need both types.
These are currently sold from a limited number of Post Offices, but the government intends to make them widely available. The cost is £5.50 for each.
Motor insurance will no longer automatically extend to the EU. Insurers will provide on request a “Green Card”, for which an extra charge will be made
PA
5/14 Flights
Even in the event of a no-deal Brexit, flights will continue to operate between the UK and European Union.
However, in the event of the UK leaving with no deal, many flights are likely to be cancelled because departures would be capped at 2018 levels. As UK airlines have already announced thousands of new flights to Europe from the end of March 2019, some would have to be cancelled
Getty
6/14 Air routes
The network of flight links between Britain and eastern Europe could be affected by any reduction in the number of workers from those countries. Not only do they use the flights – so do their families and friends
PA
7/14 Flight disruption rights
Current European passengers’ rights rules, known as EC261/2004, stipulate high payouts for delays and cancellations that cannot be attributed to “extraordinary circumstances”. Buried in a document called Beyond the Horizon: The Future of UK Aviation, the government says “the UK will not fall below current standards of protection when we leave the EU”
AFP/Getty
8/14 Entry regulations to the European Union
From 11pm GMT on 29 March 2019, UK travellers will become “third-country nationals” when travelling to Schengen countries and subject to the standard rules of admission for citizens of nations such as the US, Japan and Australia. That means there must be at least 90 days (roughly three months) left on your passport beyond your intended date of departure.
Because third-country nationals can remain in the Schengen area for 90 days, the actual check carried out could be that the passport has at least six months’ validity remaining on the date of arrival
Getty
9/14 Online registration prior to travel – ETIAS
From 2021, non-EU nationals who do not require a visa to enter the Schengen area – including British travellers – will need to request prior authorisation to visit Schengen countries.
The Travel Information and Authorisation System (ETIAS) is aimed at reducing the “migration, security or public-health risk” from nationals of visa-exempt third countries, which is what the UK will become after Brexit. It costs €7 for three years
AFP/Getty
10/14 ‘Brexit clauses’
A large number of travel providers – even including National Express coaches – have added “Brexit clauses” to their terms and conditions. These generally specify that they will not be liable for “consequential losses” as a result of Brexit-related issues
PA
11/14 ‘Fast track’ lanes for passport control entering EU countries
British passport holders will not be able to use them, and must join the queue for third-country nationals.
People holding an EU passport or ID card as well as a British passport will be able to exit the UK on the British passport but enter Europe on the EU document
Getty
12/14 Ferries
The ferry industry insists vessels will continue to sail. The UK Chamber of Shipping says: “Unlike the carriage of cargo, trade deals do not have a significant effect on the cruise and passenger ferry industry. The explicit standardisation of commodity codes and tariffs associated with trade deals have little relevance to holidaymakers.”
Having said that, the government and Kent County Council are planning for possible chaos at Channel ports because of a backlog of trucks in the event of a no-deal Brexit. This would impinge on holidaymakers’ plans
PA
13/14 European Health Insurance Card (EHIC)
The EU says: “If you fall ill or have an accident during a visit to another EU country, as an EU citizen you have the right to receive the necessary public healthcare in any EU country under the same conditions as people in the host country.” The EHIC also works in Iceland, Norway, Switzerland and Liechtenstein.
Treatment, says the NHS, is “at a reduced cost or, in many cases, free of charge”.
From 11pm GMT on 29 March 2019, when the UK ceases to belong to the European Union, British travellers will have no automatic right to use the EHIC.
There is no certainty about what may replace it
PA
14/14 Mobile phones
From 30 March 2019, the law banning mobile phone firms from charging extra for calls and data in Europe will cease, though operators have yet to set out exactly what will replace it. In theory, mobile phone firms can impose whatever fees they think the market will bear.
But Dave Dyson, chef executive of Three, says his firm is “committed to maintain the availability of roaming in the EU at no additional cost following Brexit”
AFP/Getty
What about another favoured example, the Norway-Sweden border? Norway is not in the customs union either, so the origin of goods must be checked. Again, Norwegian Customs make clear what is required. Although it is technologically advanced, there is still a delay.
The average time from when a lorry arrives at the border to when it leaves is about 20 minutes. This includes roughly ten minutes waiting time, three to six minutes of handling time, and the time spent coming off the road to complete the customs process.
And there’s physical infrastructure too. All this despite existing agreements on customs facilitation, transit and rules of origin between the EU and the European Free Trade Association states, of which Norway is one.
Less often talked about are Andorra and San Marino. Both are small European nations that are in a customs union with the EU. Although Andorra’s treaty only covers goods, its borders with Spain and France are strictly controlled. This is due to the fact that Andorra has no VAT (yet) and is known as low tax territory. Thus, smuggling has always been a concern of the neighbouring countries. The customs union with San Marino covers all goods except coal and steel. It has traditionally kept an open border without checks at its frontier with Italy. However, it levies an import tax, at 17 per cent.
The Bulgaria-Turkey border is worse. Turkey is in a customs union with the EU, which removes tariffs and quantitative restrictions in bilateral trade between EU member states and Turkey for the goods covered. It also sets a single external tariff for both the EU and Turkey, so they charge the same duties on imports from non-EU countries.
Theresa May says she's 'not proposing' to replace Irish backstop
Unlike the customs union covering EU member states, the EU-Turkey agreement is incomplete. It covers industrial goods but not agricultural products (except certain processed agricultural products), coal and steel products, or public procurement.
Finally, the border between Turkey and the EU is bureaucratic and lengthy. Lorry drivers need an export declaration, a customs permit, invoices for the products they are transporting, insurance certificates and a transport permit for each EU nation they will drive through. The queues at the border can be up to 17 kilometres long and the wait as much as 30 hours. While Turkey has invested significantly in modernising its border, with checks taking place an hour inland, Bulgarian officials check the paperwork for every truck and x-ray all refrigerated lorries.
Which brings us to the US-Canada border. Again, much resource has been put into streamlining this border but there are still delays - the length can be seen online. All of this indicates that regardless of the technological capabilities of the EU’s neighbouring countries, there will be checks and the borders and this means infrastructure.
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