The President of the European Commission, Ursula von der Leyen, announced on Thursday 1 October that infringement proceedings were to be opened against the United Kingdom by means of a letter of formal notice to which London will have to respond within one month.
The President said that this action is linked to the UK's Internal Market Bill, which goes against several points in the withdrawal agreement aimed at achieving an orderly Brexit; if passed, however, it “ would be in complete contradiction” to what has been agreed and specifically what has been agreed in terms of the Northern Ireland Protocol.
The European Commission issued an ultimatum to the UK Government on 30 September to withdraw the most contentious provisions, but this was not done. “We therefore decided to send a letter of formal notice as the first step”, said the President.
This procedure has been initiated in the name of the principle of “good faith” between the two partners.
Article 5 of the withdrawal agreement “makes provision that the European Union and the United Kingdom shall take all appropriate measures to ensure the fulfilment of their obligations under this agreement and shall refrain from any measure that might jeopardise achieving these objectives. Both parties are bound by an obligation to cooperate in good faith in carrying out the tasks arising from the withdrawal agreement”, the Commission explained in a statement.
London will respond “in due course”, said a spokesperson for the Boris Johnson government as cited by AFP. This step had been expected in recent days (see EUROPE 12571/2) and therefore did not come as a surprise.
Upon arriving in Brussels, the Dutch Prime Minister, Mark Rutte, described it as a “necessary administrative” step, explaining that it was not a “political” one.
The European Commission can use the infringement tool while the United Kingdom remains in the transition period. After this period has ended, it will use the dispute settlement mechanism provided for in the withdrawal agreement.
All attention is now focused on the current round of negotiations over the future relationship. EU negotiator Michel Barnier plans to make a written statement on Friday 2 October in which he is expected to provide further indications on the chances of reaching an agreement by mid-October.
The EU-27, for their part, are due to look at the dossier on the same day, with a briefing being given by the President of the European Council, Charles Michel, and the Irish Prime Minister, Micheál Martin. (Original version in French by Solenn Paulic)