LAST UPDATE | 15 Jun 2022
THE EU HAS launched fresh legal action against the UK in retaliation over Boris Johnson’s plans to unilaterally scrap parts of Northern Ireland’s Brexit deal.
European Commission vice-president Maros Sefcovic said the UK’s move had “no legal or political justification”.
As well as new legal action for alleged failures to implement the Northern Ireland Protocol as it stands, Sefcovic confirmed that existing infringement proceedings which had been paused while UK-EU talks took place would now be resumed.
And he indicated further measures could follow if the UK pressed ahead with the Northern Ireland Protocol Bill, which will effectively rip up key parts of the deal signed by Mr Johnson and the EU in 2019.
At a press conference in Brussels, Sefcovic said the UK Government had set out to “unilaterally break international law”.
The plan would mean “breaking an agreement that protects peace and stability in Northern Ireland, an agreement reached together only three years ago”.
Sefcovic said: “Let there be no doubt: there is no legal nor political justification whatsoever for unilaterally changing an international agreement.
“Opening the door to unilaterally changing an international agreement is a breach of international law as well.
So let’s call a spade a spade: this is illegal.
The dispute could ultimately lead to a trade war, with tariffs or even the suspension of the entire Brexit deal between the UK and European Union.
Asked about potential further action against the UK, he told reporters in Brussels: “If this draft Bill becomes the law then I cannot exclude anything.
“But we are not there yet and we want to solve this issue as the two partners should, through negotiations, looking for the common ground and delivering for the people of Northern Ireland.”
As a first stage, the EU said it was mounting a “proportionate” response to the Government publishing its Bill on Monday.
The stalled legal action related to the UK’s unilateral extension of protocol grace periods in 2021.
Resuming the proceedings, the EU is issuing the UK with a “reasoned opinion” and giving it two months to respond. If the UK does not respond to the bloc’s satisfaction, it will refer the matter to the European Court of Justice.
The two new infringement proceedings announced on Wednesday relate to alleged UK failures around Sanitary and Phytosanitary (SPS) checks on agri-food produce entering Northern Ireland from Great Britain and also an alleged failure to provide the EU with data on the movement of goods across the Irish Sea.
The EU is issuing formal notices of action in respect of the two new infringement proceedings.
The bloc claims the SPS checks are not being carried out properly, with insufficient staff and infrastructure in place at the border control posts at the ports in Northern Ireland.
It says the UK is also not currently sharing the trade statistics data required under the protocol.
Irish reaction
Speking to reporters this afternoon, Taoiseach Micheál Martin said the latest news represented “a step up in response from the EU”. He called on the British government to hold talks with their European counterparts in a bid to halting any legal action.
He said: “The EU is still available and wants to bring a resolution to issues arising from the operation of the Protocol through substantive negoatiations with the UK government.
“That is the only logical and ratioanl way forward, in my opinion, is to commence these negotiations. I’d appeal to the UK government to engage in such negotiations.”
The Taoiseach said the EU's legal action against the UK is a "step up in a response" from the EU. However, he said that the EU is still available and wants to bring a resolution to issues arising from the protocol "through substantive negotiations" | https://t.co/IdpAt3Nipa pic.twitter.com/9yig4ma5du
— RTÉ News (@rtenews) June 15, 2022
In London, Boris Johnson’s spokesman told journalists: “We are disappointed that the EU has taken this legal action today.”
And he insisted that European proposals to resolve the impasse were a “step backwards”.
Johnson’s government insists it is not breaking international law, citing a “necessity” to act to restore Northern Ireland’s power-sharing institutions.
With reporting by AFP and Garreth MacNamee
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