BRUSSELS – The European Union announced on Monday that it would take legal action against Britain for breach of a legal agreement on Brexit and Northern Ireland that was part of a trade agreement reached between the two parties last year.
European officials have said Brussels is responding to a move by the British government this month to unilaterally ease trade and border rules for Northern Irish businesses by extending a grace period for the implementation of the Brexit agreement.
Under a protocol on Northern Ireland that was part of the treaty, Britain had to consult the European Union on changes to its implementation – which he did not do. The protocol was aimed at ensuring that there was no hard border between Ireland, a member of the bloc, and Northern Ireland, which is part of the United Kingdom.
Officials said Britain had broken the agreement twice unilaterally in the past six months, first with a bill last December dropping some elements against which the European Union had objected, and then with the unilateral decision earlier this month to to extend the grace period for British goods. arrival in Northern Ireland until 1 October.
The Northern Ireland Protocol draws a border between Britain and the European Union in the Irish Sea, keeping Northern Ireland effectively within the European single market for goods. Britain left the internal market and thus had a major problem in getting goods to flow from the mainland to Northern Ireland, despite new legal control of sanitary and health regulations and major paperwork.
Therefore, both parties agreed to a grace period for numerous border requirements, which should last until the end of March to comply with the agreement that entered into force on 1 January.
However, trade disruption for Northern Ireland was so severe that Britain decided to extend the grace period for food and parcels and horticultural products – and to include other issues, such as pets, which were not agreed upon, for six months until October.
The British government denied that it had violated the agreement, arguing that the unilateral extension of grace periods was common under trade agreements, which were rejected by European officials.
Prime Minister Boris Johnson said in Coventry on Monday that the British action was “temporary and technical measures which we believe are very sensible.” He said Britain was “looking forward to our talks with our EU friends and to seeing where we arrive”.
A Downing Street spokesman said on Monday that the measures were “temporary to prevent disruption in Northern Ireland”.
Britain is still committed to the Northern Ireland Protocol, the spokesman said and wanted to address the issues at the border with Brussels through the right channels.
But so far, a European Union official has said the British desire is not reflected in reality or action. Britain’s actions undermined confidence in his word, the official said, arguing that the only way forward was to try to restore the confidence and commitment of both parties to the agreement they negotiated. Britain has also violated the “duty of good faith” in Article five of the Brexit withdrawal agreement, the official said.
European officials have said they, despite initiating legal action, hope that further talks between Brussels and London will resolve the issues before the case goes to court.
Maros Sefcovic, the bloc’s biggest Brexit official, wrote to David Frost, his British counterpart, urging Britain not to take unilateral action and instead work with Brussels to find joint solutions that would help British businesses. can provide stability and predictability.
“The EU and the UK have agreed on the protocol together,” he said. Sefcovic wrote. ‘We are also obliged to implement it together. Unilateral decisions and violations of international law by the United Kingdom defeat the purpose and undermine the trust between us. ”
Relations between Britain and the European Union have been tense for some time over issues surrounding the Northern Ireland Protocol, the larger agreement on Britain’s withdrawal from the bloc and on vaccine supplies.
Brussels has accused Britain of withholding vaccines planned for Europe, and even a ban on the export of non-existent vaccines. In return, the British government pointed to the speed and success of vaccination and compared it with the slower pace of the European Union, arguing that Brexit made the success possible.
The legal process over the grace period allows Britain to respond for a month, and another month for investigation. If not resolved before then, Britain could be brought before the European Court of Justice and face trade sanctions.