EU criticizes UK’s unilateral breach of Northern Ireland Protocol

Following the UK government’s statement today (3 March), that they intend to unilaterally extend the grace period for certain provisions agreed in December with the UK, European Commission Vice President Maroš Šefčovič (pictured) has expressed the EU’s strong concerns over the UK’s action, as this amounts to a violation of the relevant substantive provisions of the Protocol on Ireland/Northern Ireland and the good faith obligation under the Withdrawal Agreement.

This is the second time that the UK government is set to breach international law.In its statement the Commission states that the UK’s action constitutes a clear departure from the constructive approach that has prevailed up until now, thereby undermining both the work of the Joint Committee and the mutual trust necessary for solution-oriented co-operation.

The UK did not inform the EU co-chair of the Joint Committee. The statement says that the matter was one that should have been addressed under the structures provided by the Withdrawal Agreement. Vice President Šefčovič has reiterated that the Protocol on Ireland/Northern Ireland is the only way to protect the Good Friday (Belfast) Agreement in all its dimensions and to avoid a hard border on the island of Ireland.

The EU has been flexible in trying to find practical workable solutions, based on the Protocol, to minimize disruption caused by Brexit and to help facilitate the everyday life of communities in Northern Ireland. The Joint Committee formally endorsed these solutions on 17 December 2020 in order to help businesses adapt to the new reality.

The vice president has also recalled that at the last EU-UK Joint Committee on 24 February, the UK reiterated its commitment to the proper implementation of the Protocol, as well as the implementation without delay of all decisions taken in the Joint Committee in December 2020.

He also recalled that the mutually agreed joint engagement with Northern Irish business groups and other stakeholders was meant to jointly look into solutions. In a phone call, Šefčovič informed David Frost that the European Commission will respond to these developments in accordance with the legal means established by the Withdrawal Agreement and the Trade and Co-operation Agreement.