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Tony Connelly Profile picture
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15 Mar, 4 tweets, 1 min read
BREAKING: The EU will take legal action today against the UK over its unilateral move to change the terms of the Northern Ireland Protocol, @rtenews understands.
2/ The European Commission will issue legal proceedings through two letters to the British government, following its decision on March 3 to unilaterally extend grace periods which eased the full implementation of the Protocol.
3/ There will be a letter of formal notice, triggering an infringement procedure due to an alleged breach of EU law, and what sources describe as a second “political” letter, alleging a breach of the good faith provisions of the Brexit Withdrawal Agreement.
4/ The former letter could result in the UK being taken to the European Court of Justice, while the latter potentially marks the beginning of an arbitration process under the dispute settlement mechanism within the Withdrawal Agreement. The UK has denied its actions are unlawful

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More from @tconnellyRTE

Tony Connelly Profile picture
15 Mar
UK govt spokesperson reaction to EU legal action:

“We have received the letters from the European Commission and will respond in due course.
2/ “We’ve been clear that the measures we have taken are temporary, operational steps intended to minimise disruption in NI and protect the everyday lives of the people living there. They are lawful and part of a progressive and good faith implementation of the NI Protocol.
3/ “Low key operational measures like these are well precedented and common in the early days of major international treaties. In some areas, the EU also seems to need time to implement the detail of our agreements.
Read 8 tweets
Tony Connelly Profile picture
15 Mar
The European Commission has formally taken legal action against the UK for what it describes as a “deliberate” breach of international law over its unilateral action on the Northern Ireland Protocol.
2/ In a strongly worded letter to @DavidGHFrost Commission vice-president @MarosSefcovic accused London of unilaterally departing from the rules of the Protocol, and of not implementing the measures agreed by both sides.
3/ Šefčovic said: “The UK has resorted to this unilateral action without any discussion or consultation with the EU side in the bodies established by the [Withdrawal] Agreement.
Read 25 tweets
Tony Connelly Profile picture
4 Mar
More fallout on the NI Protocol:

The European Parliament has postponed a decision on ratifying the EU UK free trade agreement in protest at the UK’s unilateral move on how the Northern Ireland Protocol should be implemented.
2/ The Trade and Cooperation Agreement (TCA) was concluded by the EU and UK on December 24, but it has only been applied provisionally because of a lack of time for both member states and the European Parliament to follow ratification procedures.
3/ The European Parliament was expected to finally ratify the treaty on March 24.

However, according to sources, senior officials in the parliament have decided to delay a decision on when to ratify the TCA.
Read 7 tweets
Tony Connelly Profile picture
4 Mar
It looks like the European Commission will take legal action against the UK for it's unilateral move the NI Protocol.

So what are the options?
2/ The Commission could take a straightforward infringement procedure, as they did when the UK introduced the Internal Market Bill last September. This would mean a formal letter of notice, several weeks for the UK to reply, and it could end up in the ECJ, with fines etc
3/ How cd the UK be taken to the ECJ if they are out of the EU? Because the Protocol permits it. Article 12(4) spells out that when applying Articles 5 + 7-10 of the Protocol the "Court of Justice of the EU shall have the jurisdiction provided for in the Treaties in this
respect"
Read 8 tweets
Tony Connelly Profile picture
3 Mar
UK govt spokesperson on @DavidGHFrost @MarosSefcovic phone call:
2/ “This was their first meeting since Lord Frost took up the role as Minister co-chairing the Partnership Council and the Withdrawal Agreement Joint Committee with the EU.
3/ “He underlined, as the Chancellor of the Duchy of Lancaster had in his letter of 2 February, that progress still needed to be urgently made to address the direct and often disproportionate impact that aspects of the Protocol are having on the citizens of Northern Ireland...
Read 9 tweets
Tony Connelly Profile picture
3 Mar
Full statement from @simoncoveney:

“At the EU-UK Joint Committee on 24 February, the UK reiterated its commitment to the proper implementation of the Protocol, as well as the implementation of all decisions taken in the Joint Committee in December 2020
2/ “The decision taken by the British Government today clearly undermines this commitment.

“A unilateral announcement is deeply unhelpful to building the relationship of trust and partnership that is central to the implementation of the Protocol.
3/ “I met earlier today with the Secretary of State for Northern Ireland, Brandon Lewis and with the Cabinet Office Minister now responsible for EU-UK relations, Lord Frost.
Read 8 tweets

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