EU starts new legal action against UK for breaking international law
Maros Sefcovic - Photo © European Union 2022
(BRUSSELS) - The European Commission began legal action against the United Kingdom Wednesday for not complying with significant parts of its Protocol on Ireland and Northern Ireland.
Despite repeated calls on the UK government to implement the Protocol, it has failed to do so, says the Commission. This, it says, is "a clear breach of international law".
At the same time, the EU executive has provided further details on possible solutions to facilitate the movement of goods between Great Britain and Northern Ireland.
"Trust is built by adhering to international obligations. Acting unilaterally is not constructive. Violating international agreements is not acceptable," said EC vice-president Maros Sefcovic. He said the EU is launching the infringement proceedings because the UK is not respecting the Protocol. The EU and the UK should now work together to address "practical problems" that the Protocol creates in Northern Ireland due to Brexit.
"I am still convinced that with genuine political will to make the Protocol work, we can reach our objectives. I call on my UK counterparts to engage in good faith and explore the full potential of the solutions we have put forward. Only joint solutions will create the legal certainty that people and businesses in Northern Ireland deserve."
The Commission says the aim of the infringement proceedings is to restore compliance with the Protocol in a number of key areas where the UK hasn't been implementing it properly, says the Commission, stressing its ultimate goal of "protecting the health and safety of EU citizens".
Alao today, the Commission is providing additional details on possible solutions put forward in October 2021 to facilitate the movement of goods between Great Britain and Northern Ireland.
The position papers it has published explain how the movement of goods between Great Britain and Northern Ireland can be significantly facilitated.
The UK government now has two months within which to reply, after which the Commission will consider taking the UK to the Court of Justice of the European Union. Under the EU Treaties, the Coiurt has the power to impose a lump sum or penalty payment.
The two new infringement proceedings against the UK are for:
- Failing to carry out its obligations under the EU's sanitary and phytosanitary (SPS) rules. In particular, the UK is not carrying out the necessary controls, and is failing to ensure adequate staffing and infrastructure, at Border Control Posts in Northern Ireland. It has also issued guidance that has the effect of disapplying EU law.
- Failing to provide the EU with certain trade statistics data in respect of Northern Ireland, as required under the Protocol.
Statement by Vice-President Maros Sefcovic
Commission reaction to the United Kingdom's bill overriding core parts of the Protocol on Ireland / Northern Ireland - guide
Position papers on possible solutions – Customs and Sanitary and phytosanitary issues