What is the EU doing?
The Commission has reactivated a legal case against the UK Government over the failure to implement the Northern Ireland Protocol, part of the Brexit agreement signed with Boris Johnson in 2019, leaving the region in the EU single market. The case began in March 2021 after the government announced that it would ignore some EU rules on agri-food products, although it was later frozen by Brussels as a gesture of goodwill to push for talks on revising the protocol. The EU has also launched two new cases based on long-standing allegations of alleged failure to disclose customs data and setting up border inspection posts at Northern Ireland ports and airports. Officials say the United Kingdom has refused to disclose real-time customs data that would allow “risk control analysis” of the goods. The UK is also accused of not building permanent border control stations, relying instead on temporary, understaffed facilities. For EU officials it is a recipe for smuggling, which they say is already happening due to loose controls.
What does the British government say?
The government said it was “disappointing” that the EU had chosen to reopen legal proceedings for the measures it had taken “to stop the problems caused by the protocol” from escalating. It also rejected two other complaints from the commission. The government said it had already provided the EU with all the data it needed to track goods across the Irish Sea and blamed EU officials for not using it or a specially designed IT system. He said inspections were being carried out at temporary border posts.
What’s happening now?
If no agreement is reached, the Commission could refer the United Kingdom to the European Court of Justice (ECJ) only in August for the agri-food complaint. The two new cases will take longer to reach the Luxembourg court. In all three cases, the ECJ could impose daily fines if it ruled against the British Government.
But does the ECJ have jurisdiction?
The United Kingdom wants to end the ECJ jurisdiction in Northern Ireland. The EU sees this as a red line, arguing that only the European Court of Justice can be the arbiter of EU law. If the British government refused to recognize a decision or a fine from the ECJ, the EU would almost certainly impose tariffs on British products or suspend the entire trade and cooperation agreement. However, European Commission Vice-President Maroš Šefčovič has stopped explaining this threat. He argued that ignoring an ECJ ruling would simply mean “accumulating one violation” of international law over another, asking: “Is it compatible with Britain’s proud traditions of upholding and respecting the rule of law and international law?”
Will the talks resume?
This is unclear. The EU has said it is ready to meet on Thursday to resume talks on amending the protocol. the UK insists it wants a negotiated solution. But the two sides are still a long way off: the EU is ready to change some rules on the movement of goods, but Britain wants a complete overhaul of the protocol that would remove key elements. In an effort to move forward, the Commission has stepped up its messages on how the protocol can be changed, based on proposals made last October. In a press conference, Sefsovic waved a three-page leaflet needed for a truck traveling from Britain to Northern Ireland carrying various goods. Using Johnson’s own words, Šefčovič said that this was one of the practical solutions “really ready for the oven” according to what the Northern Irish companies wanted. The UK argues that the EU proposals are worse than the status quo and would lead to more cumbersome controls. The two sides have not held formal talks since February. The current controversy is only deepening the rift.
