Lord Frost and his EU counterpart Maros Sefcovic will meet next week after the latest Northern Ireland protocol talks failed to produce a deal.
The UK wants fundamental changes to the functioning and governance of the protocol.
The EU has proposed a more modest package of measures that would reduce its practical impact.
A UK spokesperson said: “While there is some overlap between our positions on a subset of issues, the gaps between us remain substantial.”
He added: “Our position remains that substantial changes to the protocol will be needed if we are to find a sustainable solution that works in the best interest of Northern Ireland.”
An EU spokesperson said: “It is now essential to find common ground between the respective positions of the EU and the UK.
“We owe it to the people of Northern Ireland to find stable solutions as soon as possible.”
The Protocol is the special Brexit deal that prevents a hard border with Ireland by keeping Northern Ireland within the EU single market for goods.
This also creates a new trade border between Northern Ireland and the rest of the UK, something the EU accepts is causing difficulties for many businesses.
Unionist politicians say the deal undermines Northern Ireland’s place in the UK.
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Meanwhile the BBC has witnessed a European Commission briefing for member states which states that the role of the European Court of Justice (CJEU) in the protocol is not in question.
The UK wants the European Court of Justice to be removed from any role in dispute resolution.
The Commission’s briefing states that, as the protocol provides for the application of EU law, the Court of Justice must be involved.
Brexit Minister Lord Frost said Tuesday that the role of the Court of Justice is not the only problem and that the protocol means “too much EU law” applied in Northern Ireland.
EU and UK officials will continue talks next week before Lord Frost and Sefcovic meet in Brussels on Friday.
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