Friday’s launch of four new infringement actions by the European Commission against the UK in relation to the implementation and operation of the Northern Ireland Protocol saw the European Commission open four new procedures.
The EU’s executive accuses London of failing to comply with the applicable customs requirements, supervision requirements and risk controls on the movement of goods from Northern Ireland to Great Britain.
It also says the UK government has failed to implement EU rules on Value Added Tax (VAT) for e-commerce and failed to notify that they will implement EU rules related to indirect taxes, in particular on alcohol and alcoholic beverages.
The UK is not providing the EU export declarations that Northern Ireland businesses must fill out when sending goods to Great Britain. This includes controlled goods subject to restrictions and prohibition.
“This is obviously very important to ensure that the EU can meet its international obligations in relation prohibitions and restrictions on exports to third countries. The UK, as of today, has not implemented these requirements,” Commission spokesperson Ariana Podestà said.
The UK government, which called the new procedures “disappointing”, now has 2 months to respond to Brussels’ letters requesting “swift corrective actions to restore compliance to the Protocol”.
If the answer is not satisfactory, then the Commission could refer the matter the European Court of Justice.
Draft bill vs. infringement procedures
These four new infringement processes add to The three were launched last month.
These were related to the UK’s draft bill to unilaterally override parts of the international treaty, the continued lack of infrastructure and staffing to carry out customs checks in the UK, and London’s failure to share trading data as required under the Protocol.
The British legislation, which was unveiled last month and is currently in parliament, would override certain parts of the agreement. It would create so-called green or red channels to waive customs inspections for goods traveling between Great Britain and Northern Ireland. These channels are only intended for the Northern Irish market. It was branded illegal by Brussels.
Friday’s confirmation by the Commission indicated that they have not received a response from the UK.
The Protocol for Northern Ireland — a key Brexit agreement that leaves Northern Ireland within the bloc’s Single Market– has been a source of continued strife between London and Brussels since the UK officially left the European Union on 1 January 2021.
The UK government, who negotiated and accepted the protocol, now claims it threatens the Good Friday Agreement, which was meant to protect the Good Friday Agreement that ended decades of bloody sectarian violence and in Ireland.
London demandes that the entire treaty be renegotiated. Brussels has rejected this demand and called for solutions within its framework.
EU has ‘bent over backwards’
Brussels’ new infringement procedures are being implemented in the middle of a leadership race in the UK to replace Boris Johnson, Prime Minister. Johnson resigned two weeks back after a mass walkout among ministers. He was accused of handling several scandals at Downing Street that involved lockdown-breaking party members and inappropriate behaviour by his MPs.
Two people are still in the running for the job: Rishi Sunak, former chancellor, and Liz Truss (foreign minister responsible for Brexit).
Eric Mamer was the Chief Spokesperson for the Commission. He stressed to reporters that “the EU’s executive launches infringement when it considers the conditions are satisfied and when it’s ready to do so.”
He stated that Brussels had been “extremely patient” and “engaged with Britain over a very lengthy period of time” in order to find solutions.
“We have been unable to make proposals to resolve these problems. He continued, “We are still stuck in the situation where the UK isn’t implementing its portion of the deal in relation to many of the variables.”
“If we thought that there were great prospects of sitting down together on Monday and finding a solution, then we wouldn’t be launching infringements,” right? That’s the logic.
A UK government spokesperson meanwhile said that they “will review the EU’s arguments and respond in due course.”
“It is disappointing the EU has chosen not to take further legal action, especially on goods from Northern Ireland to Great Britain, which are self-evidently safe for the EU single market.
“A legal dispute is in nobody’s interest and will not fix the problems facing the people and businesses of Northern Ireland. They added that the EU is not in any worse shape as a result the proposals made in the Northern Ireland Protocol Bill.”
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