EU initiates fresh legal action against UK over new bill on Northern protocol – Irish Examiner

The EU has "no choice" but to initiate legal action against the UK government in response to its move to override elements of the Northern Ireland Protocol, the European Commission Vice President has said.

Speaking at a press conference this morning, Maros Sefcovic said the UK's unilateral move has "created deep uncertainty and casts a shadow over our overall co-operation, all at a time when respect for international agreements has never been more important."

This is extremely damaging to mutual trust and respect between the EU and the UK," he said.

The EU's legal action had been on hold since last September in order to facilitate negotiations with London.

"Let there be no doubt: there is no legal nor political justification whatsoever for unilaterally changing an international agreement," Mr Sefcovic said.

Opening the door to unilaterally changing an international agreement is a breach of international law as well."

So lets call a spade a spade: this is illegal.

Foreign Affairs Minister Simon Coveney said the EU's resumption of legal action was "not where we want to be."

"This is the result of a deliberate UK Government strategy of provocation over partnership," he said.

"Reckless UK decisions this week have forced EU into responding to a threatened breach of international law with serious consequences."

A 'monstrous mountain of paperwork'

Mr Sefcovic also said that the UK Governments plans would result in a monstrous mountain of paperwork for businesses in Northern Ireland which currently enjoy access to the EU single-market.

Permanent solutions and simple operations of the protocol proposed by the EU versus constant uncertainty with UK ministers having open hand to change the rules on a whim."

He said the EU's steps were "proportionate" but insisted the door remained open to negotiations to agree upon a resolution to the issue.

The two infringement proceedings announced by the European Commission Wednesday relate specifically to to alleged UK failures around Sanitary and Phytosanitary (SPS) checks on agri-food produce entering Northern Ireland from Great Britain.

The EU is issuing formal notices of action in respect of the two new infringement proceedings, alleging that 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.

The proceedings outlined do not directly relate to the content of the UK Governments controversial Northern Ireland Protocol Bill.

The EU said any potential proceedings over the Bill would only happen when it was enacted at Westminster.

The EU has given the UK two months to respond. If it fails to do so, the matter will be referred to the European Court of Justice.

Proposed UK legislation

The UK legislation, tabled by British foreign secretary Liz Truss on Tuesday, enables her government to bring forward four key factors overriding the international treaty.

They are:

The British government insists the legislation is compatible with international law under the doctrine of necessity which allows obligations in treaties to be set aside under certain, very exceptional, limited conditions.

It claims the changes are designed to protect all three strands of the Good Friday Agreement despite widespread opposition to the move in Northern Ireland.

Boris Johnson insisted the new legislation contained only minor, bureaucratic changes, and that it would be used as an insurance mechanism in case an updated negotiated agreement with the EU could not be reached.

Business leaders across the UK have reacted with alarm, fearing a trade war between the EU and the UK.

We recognise that the protocol in the current state does need to be changed, said Stephen Phipson, chief executive of the manufacturers organisation Make UK.

But the way to do this is not to start a trade war with the EU in the middle of a financial crisis which would be damaging for both British and EU businesses alike and put further strain on already stretched supply chains.

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EU initiates fresh legal action against UK over new bill on Northern protocol - Irish Examiner

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