The Vice-President for Interinstitutional Affairs of the European Commission, Maroš Šefčovič, informed the national ambassadors to the European Union (Coreper) on Tuesday 9 March about the legal actions envisaged against the United Kingdom, after the latter announced the unilateral extension of the grace periods provided for in the UK withdrawal agreement for controls in Northern Ireland (see EUROPE 12672/3). And he obtained their support.
Member States expressed “full support” for the Vice-President’s statement (see EUROPE 12670/6) issued in the wake of the UK announcement and for the way the Commission has dealt with the issue with “measures to move forward, in particular with regard to the evaluation of legal actions and engagement with the UK”, a European source reported.
They also expressed “their concern and disappointment at the abandonment of the constructive approach that had prevailed until now and reaffirmed that solutions to the disruption caused by Brexit must be found within the framework of the Northern Ireland Protocol and through the structures provided for in the withdrawal agreement”.
Two options are being considered. The first is the launch of a classic infringement proceeding that could lead to a referral to the EU Court of Justice. A second option, revealed by Irish television broadcaster RTE, is to make use of Article 167 of the Treaty, which obliges both parties to endeavour at all times to agree on the interpretation and application of any aspect of the withdrawal agreement, including the protocol.
The United Kingdom would then be in breach of this article, because it acted unilaterally.
Article 169 of the Treaty would then allow the EU to formally lodge a complaint through the joint committee, with the aim of reaching a mutually agreed solution, explains RTE.
The timetable for the launch of these actions has not yet been decided. (Original version in French by Solenn Paulic)