New hitch between London and Brussels on the post-Brexit agreement

A poster hostile to controls in the Irish Sea, February 12 in Larne, Northern Ireland.

The mistrust between London and Brussels rose further, Wednesday March 3, after the Johnson government decided, without warning and unilaterally, to postpone by six months the introduction, scheduled for the end of March, of customs controls on agri-food products between the UK and Northern Ireland. A maneuver that breaks with the “Northern Irish protocol”, part of the Brexit treaty, which makes these controls necessary, Northern Ireland (province of the United Kingdom), remaining in the European internal market for the exchange of goods.

Brussels responded immediately, European Commission Vice-President Maros Sefcovic, expressing in a statement the “Strong concern” of the European Union (EU) after the decision “Unilateral” of London, which is akin to a “Violation” of the planned arrangements. Mr. Sefcovic also recalled “The obligation of good faith” provided for in the “post-Brexit” agreement reached by London and Brussels on Christmas Eve 2020.

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“This is the second time that the British government is preparing to violate international law”, continued the commissioner. The first was in September 2020, when Prime Minister Boris Johnson introduced a bill with provisions already at odds with the terms of the Northern Irish protocol – he finally abandoned his plan at the end of 2020. In this context, the Commission will not hesitate to use the “Legal means” which are at his disposal, warned Mr. Sefcovic.

“Technical and temporary measures”

The British decision consists of “Technical and temporary measures, which largely complement the measures already in place, in order to give businesses, supermarkets and transporters more time to adapt”, minimized David Frost, ex-chief Brexit negotiator on the British side, just after a telephone point with the Brussels official. These measures “Have many precedents in international treaties” and are “Totally in line with [leur] intention of [s’]discharge [leurs] obligations under the protocol [nord irlandais] “, added, in a statement, the diplomat, newly promoted minister in charge of relations with the EU.

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Since the entry into force of Brexit, the 1er January, difficulties have accumulated in Northern Ireland: supply delays between the United Kingdom and the province, but also growing discontent of the Unionist parties, ulcerated by the introduction of a customs border with the rest of the country. Predictable difficulties, according to Brussels, because linked to the very nature of the Brexit chosen by the British. But the Johnson government puts these difficulties, judged “Disproportionate”, on behalf of the protocol, and is worried that they will destabilize a local political situation which is still fragile, twenty-three years after the signing of the Good Friday agreement. Thursday March 4, Guardian reported that the LCC, a Northern Irish association claiming to represent loyalist paramilitary groups, had written to Boris Johnson to let him know that he was “temporarily” withdrawing his support for the peace agreement until the protocol was amended.

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