Conservative MP Bernard Jenkin, a Brexit supporter, was adamant the UK should not pursue such a partnership.
“There is no need for an EU institution to police our customs, and we should not accept this,” he said in a statement.
“Any dispute about each other’s customs arrangements should be settled by an independent arbitrator, as with any other international agreement, not by an institution which belongs only to one party of the agreement.”
Mr Van Den Hende said the ECJ may not accept the creation of an independent body to oversea EU customs. Customs are a matter of EU law and the court is supposed to be the highest authority on this.
Also, the breadth of areas in which the UK wishes to retain free trade with Europe means many such independent arbitrators would be required. They would be needed to monitor enforcement of health standards, standards in financial services and rules that apply to a host of other regulated markets.
“In theory you can design that, but in practice neither the UK nor the EU would want that because you would be replicating institutions which already exist. It would be a huge amount of money and effort,” he said.
“This is in one of the fundamental problems about Brexit. The UK wants to retain deep integration but the UK doesn’t like the institutions that administer all this stuff.”
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