As announced on Monday 13 June (see EUROPE 12970/16), the European Commission has launched new infringement proceedings against the UK government after the introduction of a bill challenging the functioning of the Northern Ireland Protocol signed with the EU.
While the Commission had wanted to maintain a “constructive” attitude and try to remedy the problems of implementing the Protocol through dialogue, London “gave us no choice” but to relaunch legal action, explained Vice-President Maroš Šefčovič on Wednesday.
Boris Johnson’s government has not engaged in discussions with the Commission since February, the Vice-President also said.
On Wednesday 15 June, the Commission reactivated an infringement proceeding that it had opened in March 2021 on the movement of agri-food products and opened two other infringement proceedings relating to failures to comply with the obligations to carry out checks at border crossings in Northern Ireland and the lack of transmission of data and statistics needed by the EU to monitor the single market.
These infringements can lead to Court of Justice judgements and fines which the UK could still choose not to enforce. The country’s reputation in relation to “international agreements” and the rule of law would then be at stake, the Vice-President added.
On the first proceeding, the Commission decided to move to the second phase by issuing a reasoned opinion. This infringement was opened because the UK had not properly implemented the Protocol, in particular as regards certification requirements for the movement of agri-food products. It was suspended last year “in a spirit of constructive cooperation in order to give the opportunity to seek common solutions with the United Kingdom”, the Commission explained in a statement. The matter may then be referred to the EU Court of Justice, if the UK has not provided a satisfactory response within 2 months.
The other two proceedings opened on Wednesday concern non-compliance with obligations under EU sanitary and phytosanitary (SPS) rules. “In particular, the UK does not carry out the necessary checks or provide adequate staffing and infrastructure at border checkpoints in Northern Ireland”.
The second infringement relates to the failure to provide the EU with certain trade statistics for Northern Ireland, as required by the Protocol. While improvements have been made in terms of access to such data, the UK “does not yet provide the EU with real-time access to relevant UK databases that would allow us to carry out appropriate risk analyses”.
Moderated response designed to lead to discussion
For the Vice-President, these legal actions are a “moderate” response to the UK government’s moves, as the EU has not chosen to suspend the Trade and Cooperation Agreement and stop trade.
Still wishing to reach pragmatic solutions with London, the Commission also published on 15 June new documents explaining its October 2021 proposals, which were already aimed at reducing by 80% the administrative red tape involved in trade between Great Britain and Northern Ireland.
The bill tabled by Boris Johnson’s government, far from making life easier for the province of Northern Ireland, would in fact have the opposite effect, namely recreating a huge bureaucratic burden, added the Vice-President, particularly because of the proposed double regulation regime (different rules depending on the destination of the goods, between Northern Ireland or the Republic of Ireland and, therefore, the single market).
He believed that the Commission’s legal actions should now feed into the debate in the House of Commons and the House of Lords, which will be working on the bill, with more radical action by the Commission not ruled out, should the bill actually become law.
Support from Member States
The national ambassadors of the Member States were also informed by the Commission on 15 June about the latest developments and infringement proceedings. The point was not discussed, according to one source, but Member States’ support for the Commission’s moves was again renewed and noted by the French Presidency of the EU Council. (Original version in French by Solenn Paulic)