The Brexit soap is far from over, that became clear again last week. British Prime Minister Boris Johnson came up with plans to change trade rules without EU approval. He is angry about this and started legal proceedings. It is the umpteenth chapter in the British-Brussels divorce dispute. What’s the deal?
What’s going on now?
Johnson introduced new rules for the trade in goods to and from Northern Ireland at the beginning of this week. When the United Kingdom left the European Union two years ago, trade rules were agreed. The British Prime Minister has now indicated that he is not happy with those rules and wants to change them, but the EU does not want that. Still, Johnson intends to push through and doesn’t care what the EU thinks. The latter, in turn, does not intend to withdraw and threatens to start a case at the European Court of Justice.
Why isn’t Johnson happy with the current rules?
Those rules create a hard border between Northern Ireland and the other three countries of the United Kingdom: England, Wales and Scotland. That hard border means that goods that go from, for example, England to Northern Ireland, still have to comply with European rules, even though they are never in the EU. This has been agreed in order to prevent a hard border from being established between Northern Ireland and Ireland, which is still part of the EU.
If that hard border with Ireland does come, people fear that tensions from the past will return. In the last decades of the last century there has been a lot of violence in Northern Ireland and this came to an end in 1998 with a peace agreement. Both London and Brussels want to keep that peace. But according to Johnson, the current rules are actually reviving tensions. The plan he proposes now should solve that problem. He also believes that the current rules are an obstacle to trade with Northern Ireland.
What exactly is Johnson up to?
He wants separate rules for, for example, English goods with final destination Northern Ireland and goods that go to Ireland via Northern Ireland. Flexible rules should be introduced for the first group, while controls would be necessary for the latter.
European authorities should also be given less say over trade with Northern Ireland. In addition, the prime minister wants companies to be able to choose whether they comply with British or EU rules with regard to goods going to Northern Ireland.
In the background, many British politicians, including in Northern Ireland, are annoyed that there is now a hard border within the UK. Johnson wants to accommodate them with the new plans.
Why is the European Union against?
The EU points to the Brexit deal signed by London and Brussels at the end of 2020, to which Johnson has signed. If the UK wants to adjust its rules, this must be done in consultation. Unilateral adjustment is not possible, the EU believes. Johnson’s new plans would therefore violate international law.
Furthermore, the EU is annoyed that the UK has not done all the necessary checks on goods shipped to Northern Ireland in recent times. That would encourage illegal trade. In addition, some companies are actually happy with the free trade with Ireland.
Some of the Northern Irish politicians also agree with the current rules. They are therefore diametrically opposed to the politicians who support Johnson’s new plans and that causes the necessary problems.
What can the EU do to stop this?
The EU threatens to go to the European Court of Justice, because it believes Johnson’s plans are a violation of international law. The Court proceedings should force the UK to comply with the rules of the Brexit deal.
Johnson has two months to respond. If he does not, then the EU will indeed go to the Court. That may decide to impose fines on the UK. The EU also threatens a trade war against the British.
The EU also points out that it has drawn up alternatives to trade with Northern Ireland and that it wants to discuss this with Johnson. However, the EU has tried this before, but to no avail. The Brexit book is far from over.
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