The divorce between the UK and the EU is becoming more unpleasant by the day.
The European Union said on Monday that it is taking legal action against the United Kingdom, arguing that the former member does not respect the conditions of the Brexit withdrawal agreement and is violating international law.
The EU of 27 countries is opposing Britain, which unilaterally extends a grace period beyond April 1, which applies to trade on the island of Ireland, where the EU and the United Kingdom share a land border and where a special system of trade was established as part of Brexit’s divorce settlement.
“Recent measures have once again put the UK on the path of a deliberate breach of its obligations under international law and the duty of good faith that should prevail,” wrote EU Vice President Maros Sefcovic to his British counterpart David Frost.
This marks a worsening of relations between the two sides since the divorce transition period ended on January 1. Disputes range from vaccine fights to full EU diplomatic recognition in Britain and now again the terms of the divorce agreement.
On March 3, the United Kingdom decided to unilaterally extend a grace period until October for checks for goods circulating between Great Britain and Northern Ireland.
Northern Ireland is part of the United Kingdom, but has remained part of the EU’s single market for products after Brexit to avoid a harsh border that could revive sectarian violence. This means that products arriving from Britain face import regulations from the EU.
A UK government spokesman said he would respond to the EU Commission “in due course”, insisting that the measures are temporary and aimed at reducing disruptions in Northern Ireland.
“They are legal and part of a progressive and good faith implementation of the Northern Ireland Protocol,” said the spokesman in a statement. “Discreet operational measures like these are quite precedent and common in the early days of major international treaties. In some areas, the EU also appears to need time to implement the details of our agreements. This is a normal process when implementing new treaties and not something that should justify legal action. “
In September last year, the United Kingdom had already bothered the 27-nation bloc when it considered legislation that would give Boris Johnson’s government the power to overturn part of the Brexit withdrawal agreement for Northern Ireland. Therefore, the EU sees the UK’s March 3 statement as evidence that Britain has twice tried to violate an international agreement.
The sensitivity of Northern Ireland’s status was highlighted this year, when the EU threatened to ban shipments of coronavirus vaccines to Northern Ireland as part of moves to increase supplies to the bloc. This would have drawn a hard border on the island of Ireland – exactly the scenario that the Brexit deal was designed to avoid.
Grace periods cover areas such as animal products and parcel deliveries from the rest of Britain to Northern Ireland and mean that checks have not yet been fully applied. The first of the grace periods was due to expire at the end of this month, but the UK has pledged to extend them until October, in a largely welcome move by companies in Northern Ireland.
The UK government said it saw challenges faced by companies such as supermarkets in Northern Ireland in the first weeks of the year. “That is why it is right to provide an adequate additional period for them to plan ahead, particularly in the current circumstances of a global pandemic,” he added.
As part of a lengthy legal process, the EU sent a so-called “formal letter of formal notice” to London complaining that it was in breach of the EU-UK agreement. The UK has a month to respond before the EU can start a second phase. The issue could eventually go to arbitration and, ultimately, the UK could be hit by financial sanctions.
Sefcovic wrote in his letter that he hoped the UK would soon come up with a plan on how to enforce Northern Ireland controls in order to avoid further legal action.
Monday’s move was indicative of the general bad weather between the two sides. Last week, EU and UK leaders clashed in a furious discussion about vaccine exports.
After the British government summoned the EU envoy to explain the comments by European Council President Charles Michel that Britain had banned the export of vaccines, UK Prime Minister Boris Johnson told the House Committee that it was “my wish to correct the suggestion of the President European Council.”
Companions already troubled during Britain’s 47 years of membership of the EU, relations have worsened since the 2016 referendum, when the United Kingdom voted to withdraw from the bloc. After fierce exit negotiations, the division became official last year, but the two sides started fighting over a trade deal.
An agreement was reached on Christmas Eve, but it still needs to be approved by the European Parliament. The latest legal problems can have an impact on legislative approval.