On Monday, the European Union (EU) announced its decision to initiate legal action against the United Kingdom (UK) over its unilateral decision to change the mutually agreed upon terms regarding the Northern Ireland Protocol. The European Commission referred to this move as a “deliberate” breach of international law. Consequently, the bloc intends to bring up this issue before the European Court of Justice, which could prospectively impose a hefty penalty on the UK for the violation.
This has been officially communicated to the British government through a formal notice intimating them about the EU’s decision to trigger the “infringement procedure”. Further, the European Commission’s Vice-President Maroš Šefčovič also wrote to David Frost, the British Prime Minister’s Europe Advisor. In the letter, he said, “[The UK] has … acted in breach of the mutual trust and spirit of cooperation that we managed to rebuild in the last months of 2020.” However, he said that the EU continues to prefer a “collaborative, pragmatic, and constructive” political discourse.
While the British side is yet to respond to these communications, a British government spokesperson reiterated their stand that the decisions were made to “minimise disruption” and “protect the everyday lives” of the people of Northern Ireland. He further said, “Low key operational measures like these are well precedented and common in the early days of major international treaties.”
The EU’s move is in response to the British government’s decision to withdraw the checks imposed at the Irish Sea between the UK and Northern Ireland. Earlier this month, the UK extended the grace period granted to ease in the new rules for exports from British territory to Northern Ireland without consulting the EU. While the deadline for the grace period to implement the checks along the Irish Sea is the end of March, the UK unilaterally decided to extend this to October 1.
The British side’s decision endangers the Northern Ireland Protocol, an agreement that brought an end to decades of conflict in the region. According to the agreement, the border between the Republic of Ireland and Northern Ireland must be kept open. However, following the UK’s departure from the EU and the establishment of border checks along EU-UK borders, the enforcement of this agreement was made more complex.
While this was an extremely controversial point of contention between the two sides, they finally agreed on a mutually acceptable compromise. According to the post-Brexit agreement between the EU and UK, the two sides agreed to leave the border between Northern Ireland and Ireland, which is a member of the EU, open and free from checks of goods moving across the border. This is in contrast to the rest of the UK, which is subject to several checks in accordance with the EU regulations. Moreover, Northern Ireland continues to remain a part of the EU market for agri-food and manufactured goods. It also stays in the EU’s customs union. However, this was contingent upon the UK imposing border checks along the Irish Sea. Hence, the unilateral decision taken by the Boris Johnson-led government is in stark violation of this provision and could endanger the closely balanced compromise achieved between the UK and the EU.
EU Initiates Legal Action Against the UK Over Northern Ireland Controversy
The European Union has sent an official notice to the bloc’s top court to kickstart legal proceedings against the UK for initiating unilateral changes to mutually agreed upon trade arrangements.
March 16, 2021
SOURCE: EP