The European Union filed new legal action against the United Kingdom on Wednesday for failing to implement elements of the post-Brexit agreement it reached with the EU.
Earlier this week, the British government announced intentions to amend the Northern Ireland Protocol, which is part of a pact to keep the border between Northern Ireland and the Republic of Ireland open and prevent sectarianism. The infringement procedure was initiated by the European Commission because the United Kingdom has failed to implement the agreement “despite repeated appeals” to do so.
The UK government claims that the deal must be “adjusted” to avoid “burdensome customs processes, rigid regulation, tax and expenditure disparities, and democratic governance difficulties.”
Renegotiating the protocol would be “unrealistic,” according to the EU, and modifying it unilaterally would be considered a breach of an international agreement, potentially resulting in fines.
“Let there be no doubt: there is no legal or political rationale whatsoever for unilaterally amending an international agreement,” Maro efovi, Vice-President of the European Commission, told reporters on Wednesday. It’s also a violation of international law to open the door to unilaterally amending an international agreement.
The Northern Ireland Pact
The accord was put in place to protect the Good Friday Agreement, which helped halt years of deadly sectarian conflict and stipulates that there should be no hard border between the EU-member Republic of Ireland and Northern Ireland, which has left the EU along with the rest of the UK.
The UK has decided to retain Northern Ireland within the EU regulatory structure to prevent a hard border. However, because the rest of the UK is not subject to EU rules, items leaving Northern Ireland for the rest of the UK would have to be examined.
Despite agreeing to this arrangement, the British government now claims it is unjust. Efovi, speaking to reporters on Wednesday, said that in addition to initiating the legal procedure, the EU was also presenting some “new details” on the alternative options it had previously recommended.
However, he recognized that if the UK goes ahead with the reforms, the dispute might worsen, possibly resulting in a trade war. “But we’re not there yet,” he said. “We want to resolve this issue the way the two partners should, through negotiations, seeking common ground, and delivering for the people of Northern Ireland.”
If the British government does not answer within two months, the EU said it would take the case to the European Court of Justice.
