The divorce between the UK and the EU is becoming increasingly unpleasant.
The European Union said on Monday it is initiating legal action against the UK, arguing that the former member does not respect the terms of the Brexit withdrawal agreement and violates international law.
The EU of 27 countries is opposed to Britain unilaterally extending a grace period beyond 1 April that applies to trade on the island of Ireland, where the EU and the United Kingdom United share land border and where a special trading system of the Brexit divorce agreement was established.
“Recent measures have put the UK back on the path of deliberate breach of its obligations under international law and the duty of good faith that should prevail,” EU Vice President Maros Sefcovic wrote in the its UK counterpart, David Frost.
It marks a worsening of relations between the two parties since the transition period of the divorce ended on January 1st. Disputes have ranged from vaccine fights, to full EU diplomatic recognition in Britain and now, again, the terms of the divorce agreement.
On March 3, the United Kingdom decided to unilaterally extend a grace period until October on checks on goods moving between Britain and Northern Ireland.
Northern Ireland is part of the UK, but continued to be part of the EU’s single market for goods after Brexit to avoid a hard border that could revive sectarian violence. This means that products arriving from Britain face EU import regulations.
A UK government spokesman said it would respond to the EU Commission “in due course”, insisting the measures are temporary and aim to reduce disruptions in Northern Ireland.
“They are lawful and are part of a progressive and good faith implementation of the Northern Ireland Protocol,” the spokesman said in a statement. “Low-level operational measures like these have precedents and are common in the early days of major international treaties. In some areas, the EU also seems to need time to implement the detail of our agreements. This is a normal process when it comes to implementing new treaties and not something that has to justify legal action.
In September last year, the UK had already upset the bloc of 27 countries when it considered legislation that would have given the Boris Johnson government the power to overturn part of the Brexit withdrawal agreement on Ireland. of the North. The EU therefore sees the March 3 statement by the UK as proof that Britain has now twice tried to violate an international agreement.
The sensitivity of the Northern Ireland state became apparent this year when the EU threatened to ban shipments of coronavirus vaccines to Northern Ireland as part of moves to bolster the bloc’s supply. This would have drawn a hard border on the island of Ireland, exactly the scenario that the Brexit deal was designed to avoid.
Grace periods cover areas such as animal products and parcel delivery in Northern Ireland from the rest of Britain and the average controls are not yet fully implemented. The first of the grace periods was due to expire at the end of this month, but the UK has pledged to extend them until October in a measure very well received by companies in Northern Ireland.
The UK government said it saw challenges facing companies such as supermarkets in Northern Ireland during the first weeks of the year. “That is why it is right to provide an appropriate period to plan them in advance, especially in the current circumstances of a global pandemic,” he added.
As part of a judicial process, the EU has sent the so-called “formal letter of notification” to London complaining that it is in breach of the EU-UK agreement. The UK has a month to respond before the EU can start a second phase. The issue could reach arbitration and ultimately the UK could suffer financial sanctions.
Sefcovic wrote in his letter that he hoped the UK would soon come up with a plan on how to enforce Northern Ireland’s controls to prevent further legal action.
Monday’s move was indicative of the general bad weather between the two sides. Just last week, EU and UK leaders clashed in an angry exchange over vaccine exports.
After the British government convened the EU envoy to explain the comments of European Council President Charles Michel that Britain had issued a ban on vaccine exports, the Prime Minister of the United Kingdom, Boris Johnson, he told the House of Commons that his “desire was to correct the suggestion of the President of the European Council”.
Already restless bedfellows during Britain’s 47-year EU membership, relations have deteriorated since the 2016 referendum, when the UK voted to leave the bloc. After bitter exit talks, the division became official last year, but both sides began fighting for a trade deal.
An agreement was reached on Christmas Eve, but has yet to be approved by the European Parliament. The latest legal issues may have an impact on legislative approval.