There are growing doubts that Germany will tighten its laws this year to make it easier to prosecute small-boat smugglers, the BBC has learned.
Facilitating people-smuggling is not technically illegal in Germany if it is to a third country, which the UK is after Brexit.
Germany has agreed to close the loophole by the end of 2025. However, the Interior Ministry in Berlin has only indicated it intends to introduce the bill to the German parliament, or Bundestag, by that date, without guaranteeing a timeline for final approval.
A spokesperson did not comment on whether time was running out ahead of the Christmas break but mentioned that the federal government has no influence over parliamentary processes once a bill has been agreed by cabinet.
Some UK officials are uncertain about the available space in the Bundestag's calendar, despite the Home Office asserting it has not been informed of any setbacks by Berlin. A Bundestag staff member tracking the proposal admitted while there may be a theoretical window for introduction, it does not appear to be a government priority.
This development coincides with France's retreat from a commitment to intervene more forcefully at sea to stop small boats.
The UK's Labour government is feeling pressure to demonstrate that its strategy of closer international collaboration can effectively address the issue of small boat crossings.
Last year's BBC investigation revealed how Germany serves as a storage hub for small boat smugglers.
The Interior Ministry in Berlin has drafted legal provisions aimed at expanding criminal liability for cross-border human smuggling to the United Kingdom but has not confirmed their cabinet approval.
Germany's commitment to adapt its law came after a BBC investigation last year, with promises to enact the proposals by the end of 2025 following a landmark treaty signed alongside the UK.
The delay in implementing new regulations is sure to frustrate the UK amid its ongoing calls for tighter enforcement on migration rules.
