The European Commission is preparing to launch two legal proceedings against the United Kingdom, considering that London violated the Brexit agreement by unilaterally extending sensitive customs measures in Northern Ireland, several European sources said yesterday.
The executive branch of the European Union (EU) this week obtained political support to adopt the measures and the procedures could begin as early as “next week”, according to one of the sources.
Brussels does not hide its irritation at London’s announcement to unilaterally extend customs controls on food or agricultural products arriving in Northern Ireland until 1 October. The EU denounced the breach of the Withdrawal Agreement and has promised to respond.
According to EU sources, the Commission will first send “a formal notification letter” to London for violating the protocol of the 2019 divorce pact regarding the situation in Ireland. This was designed to preserve peace on the island of Ireland by preventing the reintroduction of a border between the British territory of Northern Ireland and the Republic of Ireland, a member country of the EU bloc.
That letter would be the first step in an “infringement procedure” that can end, after a long process, before the Court of Justice of the EU (CJEU), which can impose fines.
The Commission is also expected to activate the dispute settlement mechanism included in the agreement, arguing that the United Kingdom has not respected its obligations in the application of the treaty, the same sources said.
Brussels will initially request that the dispute be resolved within the framework of the Joint Committee responsible for ensuring the correct application of the Withdrawal Agreement, although it could also request an arbitration panel to address the matter.
This legal battle comes before the pact on the post-Brexit trade relationship, agreed in December, is voted on in the European Parliament. MEPs have yet to set a date for its ratification, upset by London’s initiative on customs controls.
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