This is one more step towards a potential referral to European justice. On Friday July 22, the European Commission announced that it had launched four new infringement procedures against the United Kingdom for non-compliance with the provisions of the post-Brexit protocol on Northern Ireland.
“Despite repeated calls from the European Parliament, the 27 EU member states and the European Commission to implement the protocol, the UK government has failed to do so”regrets the European executive in a press release. The European Commission further notes “the refusal of the United Kingdom to engage in a serious discussion since last February”as well as “the passage of the bill on [la révision unilatérale du] Northern Ireland Protocol to the British Parliament ».
The British deputies had adopted at the end of June in first reading this revision, considered illegal by the European Union (EU). To avoid the return of a border between Northern Ireland and the Republic of Ireland, a member of the EU, the protocol created a customs border between the British province and the island of Great Britain, but this The situation disrupted the territory’s supplies and sowed anger in the Unionist community attached to remaining within the United Kingdom. The revision aimed to create a “green channel”releasing all administrative procedures for goods circulating and remaining within the United Kingdom – checks would only be applied for goods destined for the EU.
“It is disappointing that the EU has chosen to take further legal action, particularly regarding goods leaving Northern Ireland for Britain, which clearly pose no risk to the European single market »reacted a spokesperson for the British government. ‘Legal litigation is in no one’s interest and will not solve the problems facing people and businesses in Northern Ireland’he added.
Non-compliance with obligations and legislation
The four new infringement procedures unveiled on Friday are in addition to three others announced – one of them being relaunched – on June 15. They can lead to action before the Court of Justice of the EU and to financial penalties.
The new procedures relate to non-compliance with customs obligations and the control of goods going from Northern Ireland to Great Britain (which, according to Brussels, increases the risk of smuggling through the Northern Irish border), non- compliance with European legislation, in particular with regard to alcohol taxes and VAT applicable to e-commerce.
The three previous actions taken related to non-compliance with certification requirements for the movement of agri-food products, obligations in terms of sanitary and phytosanitary controls, and the non-communication to the EU of certain statistical data on trade regarding Northern Ireland.
The UK has two months to respond to the European Commission’s letters and take action to comply with the protocol.
Protect peace and the common market
The Northern Irish Protocol was negotiated between London and Brussels as part of the Divorce Treaty to address the delicate issue of the border between Northern Ireland, which is part of the United Kingdom, and the Republic of Ireland, EU member.
It was designed to meet a dual objective: to protect the integrity of the single European market and to avoid the return of a land border, which would risk weakening the peace concluded in 1998 between London, Dublin and the main political forces in Ireland. North.
To resolve this squaring of the circle, the government of Boris Johnson had accepted that Northern Ireland remain within the European market, which was to establish a customs border in the Irish Sea with the rest of the United Kingdom.
This situation complicates supplies and horrifies the Unionist community of Northern Ireland, for which the place of the province within the United Kingdom is threatened. However, the protocol was never fully implemented, as grace periods on controls were introduced and extended for products such as non-frozen meat or medicines.
Under the terms of the post-Brexit agreement, Brussels could decide in retaliation to suspend the application of certain provisions, at the risk of generating a heated trade dispute with London.