EU threatens UK over plans to override Northern Ireland protocol

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Forest fire declared in Malaga's Algatocin, in the Serrania de Ronda.

The European Commission (EU) has said that it will take appropriate action over plans to override the Northern Ireland protocol, which would include the resumption of the legal proceedings against the UK which were suspended in September.

The threat was made late on Monday, June 13 in response to the UK’s publishing of legislation that seeks to override parts of the mechanism agreed as part of the Brexit deal.  

Maros Sefcovic, Vice President of the European Commission said the EU viewed the UK’s actions with “significant concern” and that it would consider what steps to take next.

In addition to re-starting the infringement proceedings Sefcovic said that the EU would consider further legal action to protect the integrity of the EU single market. He added that the EU had ruled out renegotiating the trade protocol.

Sky News reported Sefcovic as saying: “Unilateral action is damaging to mutual trust.

“Our aim will always be to secure the implementation of the protocol. Our reaction to unilateral action by the UK will reflect that aim and will be proportionate.”

Michelle O’Neill, Vice President of Sinn Fein, has also warned that Boris Johnson’s attempts to override parts of the protocol are “illegal” and “in clear breach of international law.”

The UK government have however, repeatedly said that they are acting in line with the law and that the hard border that had been created between two parts of the union was not acceptable. They added everyone was in agreement that this was not acceptable.

The UK want to establish a “green lane” allowing approved traders to move goods between Britain and Northern Ireland without checks, as long as the goods do not leave the UK. A corresponding “red lane” would check goods destined for countries outside of the UK.

Johnson, the UK Prime Minister, has been written to by the majority of members in the Northern Ireland assembly to express their objection to the bill being changed, which a spokesman for Ireland’s Foreign Minister Simon Coveney described as: “Marking a particularly low point in the UK’s approach to Brexit.”

He added that the plan would “ratchet up” tension and breach the UK’s international commitments.

Foreign Secretary Liz Truss reiterated her view that the UK government “is acting within international law” with the new legislation telling reporters: “We are changing the protocol, we are not getting rid of the protocol. I think that is important to acknowledge.

“We have to take the actions to protect the people across the United Kingdom, we have to take the actions to protect peace and stability in Northern Ireland – and that is exactly what we are doing.”

Johnson has described the changes as trivial and minimal with the leader of the DUP, Sir Jeffrey Donaldson, saying: “The DUP will judge what constitutes decisive action as we see this Bill progressing.”

The bill if approved will affectively allow ministers to introduce changes in four areas covering customs and agri-food safety checks, regulation, subsidy controls and the role of the European Court of Justice.

A legal policy paper published alongside the bill states that the changes are warranted given the exceptional circumstances, adding that the protocol is currently not protecting the commitments to the Good Friday Agreement.

It says: “The government recognises that necessity can only exceptionally be invoked to lawfully justify non-performance of international obligations.

“This is a genuinely exceptional situation and it is only in the challenging, complex and unique circumstances of Northern Ireland that the government has, reluctantly, decided to introduce legislative measures which, on entry into force, envisage the non-performance of certain obligations.

“It is the government’s position that in light of the state of necessity, any such non-performance of its obligations contained in the Withdrawal Agreement and/or the protocol as a result of the planned legislative measures would be justified as a matter of international law.

“This justification lasts as long as the underlying reasons for the state of necessity are present. The current assessment is that this situation and its causes will persist into the medium to long term.”

Opposition Labour leader Sir Keir Starmer, speaking to broadcasters on Monday, said the government was “going down the wrong track” adding that the issues could be resolved around the negotiating table..

He said: “The answer to this is to accept there are some problems in the way the protocol works but they could be resolved around the negotiating table – with statecraft, with guile, with trust..

“Unfortunately we don’t have those in the current prime minister.”

The publication of the bill and the threats from the EU over the plans to override the Northern Ireland protocol are bound to ratchet up tensions and to further distance the US from any UK trade deal, with their objections to the changes already having been made public.


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Written by

Peter McLaren-Kennedy

Originally from South Africa, Peter is based on the Costa Blanca and is a web reporter for the Euro Weekly News covering international and Spanish national news. Got a news story you want to share? Then get in touch at editorial@euroweeklynews.com.

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