EU Launches Fresh Legal Action Against The UK Over Northern Ireland Protocol Breaches

Commission says claims are being lodged due to UK's "unwillingness to engage in meaningful discussion".
The EU has repeatedly warned that the Northern Ireland protocol legislation would "deeply damage" relationships.
The EU has repeatedly warned that the Northern Ireland protocol legislation would "deeply damage" relationships.
Martin Pope via Getty Images

Brussels has launched fresh legal action against the UK for failing to comply with aspects of the controversial Northern Ireland protocol.

The European Commission said it was bringing four new claims against the UK despite “repeated calls” on the government to implement the agreement on trade between Britain and Northern Ireland.

It comes in addition to infringement claims lodged in response to the UK’s refusal to carry out checks on certain agrifoods.

Relations between the government and the EU were made even worse by the introduction of the Northern Ireland Protocol Bill, which would give ministers the power to unilaterally over-ride key parts of the agreement.

Critics have said that would be a breach of international law, something the government denies.

The commission said in a statement: “Despite repeated calls by the European parliament, the 27 EU member states and the European Commission to implement the protocol, the UK government has failed to do so.

“In a spirit of constructive co-operation, the commission refrained from launching certain infringement procedures for over a year to create the space to look for joint solutions with the UK.

“However, the UK’s unwillingness to engage in meaningful discussion since last February and the continued passage of the Northern Ireland protocol bill through the UK parliament go directly against this spirit.”

The UK has been at loggerheads with the EU over aspects of the protocol — the mechanism that has prevented a hard border on the island of Ireland by keeping Northern Ireland in the single market — since its inception.

This means that goods entering Northern Ireland from mainland Britain must undergo checks.

The government says customs checks are disrupting trade and causing delays, as well as causing problems with those who do not want the province to be treated differently from Britain.

At the core of the Northern Ireland Bill are plans to simplify checks on goods travelling between Britain and the province by creating so-called green and red lanes.

Goods that enter Northern Ireland from mainland Britain, and are destined to stay there, would enter the green lane where there would be no checks and minimal paperwork, which is frustrating businesses.

Goods that move from Britain to Ireland would have to use a red lane, where checks would be applied at Northern Ireland ports. This is so the EU can be certain that goods entering its market are compatible with the its trade rules.

The Northern Ireland protocol bill cleared its final stages in the Commons just days ago by 267 votes to 195 and will be sent to the House of Lords in the autumn.

A government spokesperson said: “It is disappointing that the EU has chosen to bring forward further legal action, particularly on goods leaving Northern Ireland for Great Britain which self-evidently present no risk to the EU single market.

“A legal dispute is in nobody’s interest and will not fix the problems facing the people and businesses of Northern Ireland. The EU is left no worse off as a result of the proposals we have made in the Northern Ireland Protocol Bill.

“We will review the EU’s arguments and respond in due course. ”

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