The division between the UK and the EU is getting worse by the day.
The European Union said on Monday that it is starting legal action against the United Kingdom, arguing that the former member does not respect the terms of the Brexit Withdrawal Agreement and is in violation of international law.
The EU of 27 countries objects to Britain unilaterally extending a grace period beyond April 1 that applies to trade on the island of Ireland, where the EU and the United Kingdom share a land border and where a special trading system has been set up as part. of the Brexit divorce agreement.
“The recent measures put the UK once again on the path of a deliberate violation of its international legal obligations and the duty of good faith that should prevail,” said EU Vice President Maros Sefcovic to his British counterpart David Frost.
It marks a further deterioration in relations between the two parties since a transition period for divorce ended on January 1. Disputes ranged from fights over vaccines to full diplomatic recognition of the EU in Britain and now again the terms of the divorce deal.
On March 3, the UK unilaterally decided to extend a grace period to October for controls on goods transported between Great Britain and Northern Ireland.
Northern Ireland is part of the UK but remained part of the EU’s internal market for goods after Brexit to avoid a hard border that could revive sectarian violence. This means that products coming from Great Britain are subject to EU import regulations.
A UK government spokesman said it will respond to the European Commission “in due course”, insisting that the measures are temporary and aimed at reducing disruptions in Northern Ireland.
“They are legal and are part of a progressive and good faith implementation of the Northern Ireland Protocol,” the spokesman said in a statement. “Calm operational measures like this are well preceded and common in the early days of major international treaties. In some areas, the EU also appears to need time to implement the details of our agreements. This is a normal process in implementing new treaties and not something that should justify legal action. “
In September last year, the UK had already upset the 27-country bloc when it considered legislation that would have empowered Boris Johnson’s government to override part of the Brexit withdrawal deal pertaining to Northern Ireland. The EU thus sees the UK’s statement of March 3 as proof that Britain has now tried twice to violate an international agreement.
The sensitivity of Northern Ireland’s status was underscored this year when the EU threatened to ban shipments of coronavirus vaccines to Northern Ireland as part of measures to bolster supplies to the bloc. That would have drawn a hard line on the island of Ireland – the very scenario the Brexit deal was to avoid.
The grace periods cover areas such as animal products and parcel delivery to Northern Ireland from the rest of Great Britain and average controls are not yet fully applied. The first of the grace periods were set to expire at the end of this month, but the UK has pledged to extend them until October, a move widely welcomed by companies in Northern Ireland.
The UK government said it saw the challenges businesses such as supermarkets in Northern Ireland faced in the first weeks of the year. “That’s why it’s right to give them a decent period of time to plan ahead, especially in the current circumstances of a global pandemic,” he added.
In what is part of a lengthy legal process, the EU has sent a so-called “letter of formal notice” to London complaining that it is in breach of the EU-UK agreement. The UK has one month to respond before the EU can start a second phase. The matter could eventually lead to arbitration and ultimately the UK could be hit with financial penalties.
Sefcovic wrote in his letter that he hoped the UK would soon come up with a plan to enforce Northern Ireland controls to avoid further legal action.
Monday’s move was indicative of the overall bad climate between the two sides. Just last week, the leaders of the EU and the UK faced each other in an angry discussion about vaccine exports.
After the British government summoned the EU envoy to explain the European Council’s remarks by Charles Michel that Britain had issued a vaccine export ban, British Prime Minister Boris Johnson told the House of Commons that it was his “wish to correct the suggestion of the European Council. president. “
Already uncomfortable 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 departure talks, the split became official last year, but both sides then started fighting over a trade deal.
An agreement was reached on Christmas Eve, but it has yet to be approved by the European Parliament. The latest legal issues may affect the passing of the law.