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Brexit: EU expected to launch legal action today over UK breaking Northern Ireland protocol

Boris Johnson is unilaterally changing last year’s deal to better suit British businesses and consumers

Jon Stone
Policy Correspondent
Monday 15 March 2021 07:04 EDT
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A council in Northern Ireland has said it could cost up to £5m to deliver post-Brexit food standards checks at Larne Port
A council in Northern Ireland has said it could cost up to £5m to deliver post-Brexit food standards checks at Larne Port (Getty Images)

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Brussels is expected to launch legal action against the UK today over moves the EU says breach last year’s deal on Northern Ireland.

Boris Johnson’s government has this month moved to unilaterally change parts of the deal to better suit British businesses – provoking anger on the other side of the channel.

The action by the European Commission is expected to be taken under the terms of the infringement procedure laid out in the withdrawal agreement. A formal letter would mark the start of the legal proceedings.

The UK says it is going to extend grace periods on British supermarket suppliers and businesses trading in Northern Ireland – amid concerns that the terms actually negotiated by Boris Johnson would cause more food shortages if implemented as agreed.

Though negotiations are ongoing with the EU over whether the transition could be formally delayed, the UK has said it will not wait for the conclusion of those negotiations and is going ahead on its own.

Some shops in the territory have struggled to stay stocked since 1 January when the new arrangement came in, but the situation is expected to significantly worsen when the grace periods on checks end. This was due to happen at the end of this month before the UK’s unilateral extension.

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Ahead of the expected announcement of legal proceedings, Dacian Cioloș, who leads Emmanuel Macron's liberal political group in the European Parliament said:

"Breaching international law is not what serious Government's do. The UK was once a champion of the rule of law in Europe; we expect our partners to honour the agreements we make together. Allies, neighbours and friends work together to find solutions."

There is effectively a customs and regulatory border down the Irish sea under the terms of the Northern Ireland protocal negotiated as part of the Brexit withdrawal agreement.

This means controls are imposed on goods moving between Great Britain and Northern Ireland.

The extra bureacracy has meant many companies have either paused or ended shipments to Northern Ireland or had their shipments suffer delays.

The grace period unilaterally extended by the UK represents a temporary carve-out for supermarkets and their suppleirs to keep products on the shelves.

The Irish sea border was introduced as part of an arragement to guaruntee the border between Northern Ireland and the Republic of Ireland stay open, as agreed as part of the Northern Ireland peace process.

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