The European Commission, on Wednesday 9 September, has called for an “extraordinary meeting as soon as possible” of the EU/UK Joint Committee on the Northern Ireland Protocol, following confirmation by the UK government that it is preparing to breach the terms of the withdrawal agreement, announced Vice-President for Interinstitutional Relations Maroš Šefčovič at a press conference.
While the Europeans warned the government of Boris Johnson as early as 7 September against any reneging on the agreement signed by the two parties and which came into force on 1 February, their worries increased a notch with the presentation of the internal market bill and the confirmation by the Chancellor of the Duchy of Lancaster, Michael Gove, that adjustments would be made to the withdrawal agreement.
“I have had a call with Michael Gove”, said the vice president. “I expressed our grave concerns and sought assurances that the United Kingdom would comply with the protocol” on Northern Ireland.
The two men represent the EU and London, respectively in the Joint Specialised Committee for Northern Ireland responsible for monitoring the application of the protocol. The vice-president made it “clear that the withdrawal agreement is not open to renegotiation and that the Joint Committee is there to implement it, not to renegotiate it”.
In any case, the President of the Commission, Ursula von der Leyen, said she was “very concerned” about these developments. “This would break international law and undermines trust. Pacta sunt servanda = the foundation for prosperous future relations”, she wrote on Twitter.
Present in London for a new round of discussions on the future relationship, Michel Barnier also had to ask his counterpart, David Frost, for explanations, whereas the talks should in theory be about the subjects of the negotiation, namely fisheries or fair competition.
One of the aims of the British bill is to authorise the authorities to amend, or not to apply, certain provisions on customs declarations for goods travelling from Great Britain to Northern Ireland, if no better alternative is found within the framework of the free trade agreement. A free trade agreement is currently under discussion but has been stalled on the same issues for weeks.
Under the protocol signed, both parties undertook to apply strict provisions depending on the final destination of the goods – only Northern Ireland or the Republic of Ireland and, therefore, the European Union.
The British are responsible in both cases for applying different rules and enforcing the EU Customs Code for goods going to the EU. They are also responsible for making declarations and other checks from ports in Great Britain for all cargo going to Northern Ireland, which will create a virtual administrative boundary between Great Britain and the territory of Northern Ireland.
A territorial ‘divide’ that Prime Minister Boris Johnson accepted when he validated the agreement on 17 October 2019. But the Prime Minister explained on 9 September that this withdrawal agreement, which he himself had initialled in January with his European counterparts, had been signed “in haste”.
In any event, the UK bill also provides for the possibility of derogating from the provisions of the State Aid protocol. And British law clearly states, according to the BBC, that these provisions must apply even “if they are contrary to international law”.
It was also an emotional experience across the Channel, with former Prime Ministers John Major and Theresa May criticising the setback.
The text of the withdrawal agreement foresees several steps in the event of a breach: first, a solution must be found within the framework of this joint committee, then, in the event of a persistent problem, both parties could set up an arbitration panel with recourse to the Court of Justice of the EU for any dispute relating to European law. (Original version in French by Solenn Paulic)