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Europe, UK Continue to Spar Over Post-Brexit Fishing Licenses & Northern Ireland Protocol

Under the Brexit agreement, European vessels can continue to fish in British waters if they obtain a license. However, France claims that the paperwork required is too stringent and unrealistic.

December 20, 2021
Europe, UK Continue to Spar Over Post-Brexit Fishing Licenses & Northern Ireland Protocol
British PM Borish Johnson (L) with European Commission President Ursula von der Leyen
IMAGE SOURCE: FINANCIAL TIMES

The European Union (EU) and the United Kingdom (UK) continue to spar over post-Brexit agreements, including fishing licenses and the Northern Ireland Protocol.

On Friday, the French government said it would ask the European Commission to initiate legal action against the UK over its refusal to grant fishing licenses to dozens of French fishermen. The French government wants the Commission to convene the Partnership Council, an EU-UK joint committee, to resolve issues relating to the implementation of the Brexit agreement. Minister for the Sea Annick Girardin said the government would continue discussing the matter with Britain and the Channel Islands and attempt to obtain the licenses.
Minister for European Affairs Clement Beaune said France had obtained 93% of the post-Brexit licenses it claims from the UK, while Minister for the Sea Girardin said that 73 licenses are still pending. 

Last week, France threatened the UK with litigation and called on Britain to issue licences to the remaining 100 applicants ahead of the December 10 deadline set by the Commission. In response, British officials announced that they had granted an additional 23 licenses to French fishing boats and seven licenses are still under review. Of the 23 licenses granted, 18 were from the UK to replacement vessels and five from the Channel Island of Jersey.

Under the Brexit agreement, European vessels can continue to fish in British waters if they obtain a license. However, to secure a license, the boats need to prove that they fished in British waters prior to the Brexit deal, which several smaller French boats have found difficult to fulfil due to a lack of technology to confirm this information. However, Britain and the Channel Island of Jersey have previously refused to give permits to French fishing boats due to insufficient documentation and evidence.

France argues that these boats and their records are public knowledge, and claims that British authorities have refused to grant licenses to replacement vessels. Consequently, it has accused the UK of violating the post-Brexit agreement and threatened it with sanctions. 

Concerning the Northern Ireland Protocol, Brussels on Friday announced major changes to the Single Market legislation of the protocol, allowing medicines to continue to move between Britain and Northern Ireland. The changes were not due until next month when the 12-month grace period expires.

However, the bloc introduced changes to the protocol due to several logistical and medical problems, including the inaccessibility of important life-saving drugs. Prior to the latest changes, some pharmaceutical companies had confirmed they would end the supply of certain medicines to Northern Ireland due to costs associated with the processes arising from being part of the EU. With the new changes, Northern Ireland will maintain its access to these medicines, including generic drugs from the NHS.

In this regard, European Commission Vice-President Maroš Šefčovič said, “Today, the European Commission is delivering in the form of a legislative proposal, ensuring that everyone in Northern Ireland has access to the same medicines at the same time as in the rest of the United Kingdom.” “This will be possible because all regulatory functions of pharmaceutical companies supplying medicines from Great Britain to Northern Ireland can remain in the UK, while no additional batch testing, manufacturing and license authorisation or separate packaging is required,” he added.

The UK welcomed the proposal but added that it needs to look at the text thoroughly. The proposal allows for medicines that have been approved by British authorities but not yet by their EU counterparts to be temporarily provided to patients in Northern Ireland. This interim period will end as soon as the European Commission authorises the medicines in question, at which point EU authorities will take over the supply of medicines to Northern Ireland.

The move comes as a relief amid complex and protracted negotiations about the post-Brexit implications for Northern Ireland. As per the Brexit agreement, Northern Ireland remains a part of the EU’s single market for goods, including medicines. This avoids creating a hard border that would have otherwise divided Ireland between the UK and the EU. It is believed that permanent border infrastructure could lead to sectarian violence that ravaged the country for decades.