EU starts legal action against the UK – tensions rise
EU Commission threatens that EU Court can impose fines on UK - and impose tariffs
© Brexit Facts4EU.Org 2021
EU Commission sends formal notice letter to UK for breach of obligations under N.I. Protocol
In a move that will certainly inflame the tensions in the already precarious nature of the relationship between the EU and the UK, yesterday the EU Commission announced it had sent today a letter of formal notice to the United Kingdom:-
“for breaching the substantive provisions of the Protocol on Ireland and Northern Ireland, as well as the good faith obligation under the Withdrawal Agreement. This marks the beginning of a formal infringement process against the United Kingdom.”
- EU Commission statement, Brussels, 15 Mar 2021
The EU’s statement went on to state that if no agreement is reached the matter will be decided by EU judges and a punitive fine may be imposed.
Lord Frost communicated fully and was open with the EU on 03 March
The EU’s actions follow a call made by Lord Frost to EU Vice President Šefčovič on 03 March 2021, regarding the measures which needed to be taken by the UK Government:-
“He underlined, as the Chancellor of the Duchy of Lancaster had in his letter of 2 February, that progress still needed to be urgently made to address the direct and often disproportionate impact that aspects of the Protocol are having on the citizens of Northern Ireland, contrary to its intended purpose. He acknowledged the work of the Joint Committee over the last few weeks since the Commission’s triggering of Article 16 of the Protocol on 29 January, but noted that these discussions had not yet resolved the current difficulties.
“Lord Frost explained that the measures announced today, following official-level notification to the Commission earlier this week, were temporary technical steps, which largely continued measures already in place, to provide more time for businesses such as supermarkets and parcel operators to adapt to and implement the new requirements in the Protocol. He underlined that these were needed for operational reasons and were the minimum necessary steps to allow time for constructive discussions in the Joint Committee to continue without the prospect of disruption to the everyday life of people in Northern Ireland in the coming weeks.
“He noted that such operational measures were well precedented in other international trade arrangements, and that they were entirely consistent with our intention to discharge our obligations under the Protocol in good faith. He and Vice President Šefčovič agreed that both parties would remain in close contact.”
- Lord Frost call with EU Commission Vice President Maroš Šefčovič on 03 Mar 2021
Despite this, the EU has taken the first steps towards punitive action against the EU
The EU’s statement says:
“This marks the beginning of a formal infringement process against the United Kingdom. It is the second time in the space of six months that the UK government is set to breach international law.”
The EU’s statement makes no mention of its unilateral invocation of Article 16 of the N.I. Protocol in January, which would have created a hard border in between Northern Ireland and the Republic. The EU did not consult either the British or Irish governments before taking that action.
The Commission say that they are responding to the British government’s urgent remedial measures in the following two ways:
“First, the Commission has sent the UK a Letter Formal Notice for breaches of substantive provisions of EU law concerning the movement of goods and pet travel made applicable by virtue of the Protocol on Ireland and Northern Ireland. This marks the beginning of a formal infringement process, as set out in Article 12(4) of the Protocol, in conjunction with Article 258 of the Treaty on the Functioning of the European Union. Under Article 12(4) of the Protocol on Ireland and Northern Ireland, the EU institutions and particularly, the European Commission and the Court of Justice of the European Union have supervisory and enforcement powers as per the EU Treaties in relation to specific provisions of the Protocol, including Article 5. The letter requests the UK to carry out swift remedial actions to restore compliance with the terms of the Protocol. The UK has one month to reply to the letter.
“Secondly, Vice-President Maroš Šefčovič has sent a political letter to David Frost, the UK's co-chair of the Joint Committee, calling on the UK government to rectify and refrain from putting into practice the statements and guidance published on 3 March and 4 March 2021. These unilateral measures are a violation of the duty of good faith under Article 5 of the Withdrawal Agreement.”
“The letter also calls on the UK to enter into bilateral consultations in the Joint Committee in good faith, with the aim of reaching a mutually agreed solution by the end of this month.”
The EU’s threats against the UK
The EU is not only threatening the imposition of lump sum fines on the UK, it is also threatening the re-imposition of tariffs on the import of goods from the UK – those which the ‘Trade and Cooperation Agreement’ which the UK ratified on 30 December 2020 - had removed. The EU has still not even ratified this agreement.
“Under Article 12(4) of the Protocol, the Court of Justice of the European Union has full powers provided for under the Treaties, including the possibility to impose a lump sum or penalty payment.”
“If no solution is found, the EU could refer the dispute to binding arbitration. This may ultimately also result in the imposition of financial sanctions by the arbitration panel. In case of non-payment or persisting non-compliance, the EU could suspend its obligations under the Withdrawal Agreement (with the exception of the citizens' rights part of the agreement) or from the Trade and Cooperation Agreement, in accordance with Article INST.24(4), e.g. by imposing tariffs on imports of goods from the UK.”
Observations
The EU is taking action against the UK under the abomination that is the Withdrawal Agreement, something which Facts4EU.Org campaigned repeatedly and vociferously against.
The N.I. Protocol contained in the WA has the effect of severing part of the sovereign territory of the United Kingdom and placing it under EU law. The EU insisted on this, without ever consulting the people of Northern Ireland. It is a specific condition of the Belfast Agreement that no change in the constitutional status of Northern Ireland can take place without the consent of its people. Nevertheless, this was of no apparent concern to the Eurocrats in Brussels.
The UK Government had to act
The UK government’s actions are, in our opinion, the very minimum required to address the increasingly desperate situation in Northern Ireland caused by the EU’s vindictive application of the WA’s provisions. Many GB companies are finding it impossible to supply their customers there, products in supermarkets are becoming in short supply, and absurd situations are developing where a school cannot even import a tree from Great Britain because it contains soil in its roots. This is, apparently, against EU Directives.
The WA has to be radically amended or rescinded
We argued against the WA in its first iteration under Theresa May’s Remainer government and we argued against it in its second iteration under the government of Boris Johnson. Since its signing on 29 Jan 2020 we have campaigned for it to be voided and rescinded.
These latest actions by the EU prove beyond all reasonable doubt that the WA must be re-negotiated, or preferably rescinded completely, as a matter of urgency. The advice we have received is that it was never legal in the first place. To quote one of the two architects of the Belfast (‘Good Friday’) Agreement:
“The Withdrawal Agreement clearly rips the Good Friday Agreement apart” – Lord Trimble, Nobel Peace Prize winner
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[ Sources: EU Commission | No.10 ] Politicians and journalists can contact us for details, as ever.
Brexit Facts4EU.Org, Tues 16 Mar 2021
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