For the second time in six months, Brussels has launched infringement proceedings against the UK over Brexit, this time alleging that Prime Minister Boris Johnson broke international law. The European Union (EU) has accused the UK of breaching the good faith provisions in the withdrawal agreement after its unilateral decision two weeks ago to delay implementation of part of the Northern Ireland protocol relating to checks on goods shipped from Great Britain to the region. The formal notice of action to Brexit Minister David Frost came with a letter from the European commission vice-president Maroš Šefčovič.
He has called on the UK to “rectify and refrain from putting into practice” its decision taken on March 3 to extend grace periods for checks on supermarket goods. An EU official was quoted as saying, “The UK must stop acting unilaterally and stop violating the rules it has signed up to.”
Johnson's government has one month to submit its observations under the formal notice. If it fails to enter into consultations, the EU can launch a dispute settlement mechanism, which could ultimately result in the imposition of financial sanctions or a suspension of the withdrawal agreement.
The letter alleges “breaches of substantive provisions of EU law concerning the movement of goods and pet travel made applicable by virtue of the protocol of Ireland and Northern Ireland.” Šefčovič said “unilateral decisions and international law violations by the UK defeat its very purpose and undermine trust between us.” His letter invokes article 12, clause 4, of the Northern Ireland protocol as well as the wider provisions on movement of goods under article 258 of the Treaty on the Functioning of the European Union.
An EU official was quoted by media reports as saying, “The EU is responding to a violation of international law through the rules provided in the agreement. We hope that the legal route will not become necessary. This is an issue which we hope we will find an amicable joint solution.”
