It should not be long. The decision is made, the Twenty-Seven have given their approval, but the lawyers of the European Commission prefer to prepare an unassailable copy, as the subject is flammable. In the coming days, the EU executive will take double action against the UK, which it believes violated their divorce agreement.
It has been barely three months since London and the European Union (EU) have gone their separate ways and already the two ex-partners are ready to face each other before the judges. The case dates back to March 3, when Boris Johnson’s government unilaterally decided to postpone by six months the introduction, in principle scheduled for the end of March, of customs controls on agri-food products between Great Britain and North Ireland.
Under Brexit, the UK and the EU are no longer part of the same customs union. But, in order to respect the peace agreements between Dublin, London and Belfast, and not to separate by a border the British province of Northern Ireland and the Republic of Ireland, member of the EU, London and Brussels have planned in the “Northern Irish protocol”, controls between Great Britain and Northern Ireland.
“Obligation of good faith”
In the wake of London’s unilateral decision, Commission Vice-President Maros Sefcovic denounced a “Violation” of the planned arrangements. And recalled “The obligation of good faith” provided for in the withdrawal agreement which settled the terms of the divorce, before London and Brussels agree, at Christmas 2020, on a post-Brexit agreement which has governed their trade relations since 1er January.
In this context, Brussels will therefore initiate two procedures. The first is the infringement procedure provided for in the “Northern Irish protocol” in case of “Violation” : the European Commission will send a letter of formal notice to London. If the British don’t back down, the case can go to the EU Court of Justice.
The second procedure refers to “The obligation of good faith” made to former partners in the Withdrawal Agreement. Brussels will initially send a letter to London urging it to seek a political solution. If this fails, the Commission will be able to take the matter to an arbitral tribunal, and claim tariff sanctions against the United Kingdom. If this approach allows a solution to be found, Brussels can always put an end to the infringement procedure.
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