Tony Connelly Profile picture
Jun 15 18 tweets 3 min read
BREAKING: The EU has resumed legal action against the UK following the publication of the bill that would overturn the Northern Ireland Protocol.
2/ A senior EU official has warned that the UK could be brought before the European Court of Justice within two months over unilateral action which London took last year.
3/ The Commission has also announced fresh legal action over the alleged failure of the UK to build and staff border control posts at Northern Ireland ports and an alleged failure by the UK to provide real time data on the movement of goods between Great Britain and NI
4/ The European Commission has also revealed what it calls large scale attempted smuggling of goods into the single market via Northern Ireland.
5/ A senior EU official said that last year there were seizures at Northern ports of weapons, counterfeit smartphones, heroine, cocaine, tobacco, counterfeit medicines which were potentially destined for the EU single market.
6/ The official said the UK bill would give British ministers the powers to disapply all but three elements of the Protocol.
7/ He said those three elements, which include the Common Travel Areas, North-South Cooperation and citizens’ rights, all areas which were active before Brexit and before the Protocol.
8/ The European Commission has also set out further detail on how its own proposals to reduce the burden of the Protocol published last October.
9/ A senior official said that under the EU’s proposals an entire truck of goods moving from a Sainsburys depot in the UK to a branch in Northern Ireland would only need three pages of documentation.
10/ He said this offer, was a “fleshing out” of the EU’s position. Unilateral action, he said, “was not at all necessary.”

The official said the UK bill was a clear breach of international law, even if it didn’t enact the legislation.
11/ “Any action by a party to an international agreement to disapply an international agreement unilaterally is a breach of international law and creating the possibility to disapply unilaterally that agreement is also a breach of international law,” the official said.
12/ The official said the UK bill essentially meant that the UK would be deciding what could and could not enter the EU’s single market.
13/ The official said: “It is legally and politically inconceivable that the UK sets these conditions unilaterally. It is simply not acceptable to the EU.”
14/ The official said the Northern Ireland Protocol meant that EU single market rules for goods applied, and the only court which could interpret those rules was the European Court of Justice.
15/ The court was there for the benefit of traders both in the EU and in Northern Ireland, he said.

He said it would be unacceptable for the court to be removed from the equation, and the court itself would regard that as illegal.
16/ Despite the deepening standoff, a second senior EU official said the EU would resume talks with the UK “tomorrow”, if the UK returned to the proposals the European Commission presented last October.
17/ Officials have said the UK’s ideas for a green lane for goods not moving into the single market were not dissimilar to the EU’s idea of an express lane.
18/ The difference was that the EU required some checks and data so as to be able to make a risk assessment of what was entering Northern Ireland, and to be sure that the goods were in fact not crossing the border into the south.

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More from @tconnellyRTE

Jun 15
UK statement on EU legal action:

"It is disappointing that the EU has chosen to relaunch legal proceedings relating to the grace periods currently in place, which are vital to stop the problems caused by the Protocol from getting worse.
2/ "The UK’s preference remains for a negotiated solution but the proposals set out by the EU today are the same proposals we have been discussing for months and would not solve the problems – in many cases they take us backwards from current arrangements."
3/ “The Protocol is undermining the Belfast (Good Friday) Agreement – disrupting trade and leading to people in Northern Ireland being treated differently to the rest of the UK. The EU continues to insist it is unwilling to change the Protocol itself...
Read 16 tweets
Jun 13
BREAKING: The EU could take legal action against the UK as soon as Wednesday in response to the bill to overturn the Northern Ireland Protocol, RTE News understands.
2/ A forthcoming statement is expected to say that the EU will not renegotiate the Protocol, and will imply that the EU could take retaliatory trade measures against the UK.
3/ The decision to unfreeze infringement proceedings, which were suspended last summer, could be adopted by the European Commission at its weekly meeting on Wednesday, according to diplomats.
Read 13 tweets
Jun 13
The Irish Minister for Foreign Affairs @simoncoveney spoke by phone to @trussliz at the request of the U.K. Foreign Office, acc to Irish spokesperson. “During the call, Secretary Truss outlined her intention to publish legislation today.”
2/ “Minister Coveney said publishing legislation that would breach the UK’s commitments under international law, the Brexit Withdrawal Agreement and Northern Ireland Protocol is deeply damaging to relationships on these islands and between the U.K. and EU.
3/ “Minister Coveney said it marks a particular low point in the UK’s approach to Brexit, especially as Secretary Truss has not engaged with negotiations with the EU in any meaningful way since February.
Read 6 tweets
Jun 10
Ahead of Monday's NI Protocol bill, here's my best take on what to expect:
1/ There's been lots of speculation (some of it informed) about enabling clauses, frameworks requiring the Protocol to comply with the "constitutional integrity" of the UK, a reference to the Act of Union etc
2/ My understanding after a lot of last minute drafting this week, is that the bill will be lighter on references to the "dual regulatory regime", the central mechanism that will essentially (acc to the logic of the UK) abolish the Irish Sea border
Read 11 tweets
Jun 8
Some takeways from @ConorBurnsUK evidence before the @CommonsNIAC this morning:
1/ It is "still" the UK's preferred outcome to have a negotiated settlement with the EU on the Protocol. However, if there is no agreement the UK will legislate to put in place its version of how the Protocol should operate
2/ Mr Burns was asked when businesses in NI could expect certainty. He said when there was an agreed solution, or "in the absence of that when we pass the legislation...which provides that degree of additional long term security and understanding of what NI’s position will be."
Read 15 tweets
Jun 7
NEW: The UK government will introduce a bill that will allow future ministers to fundamentally override the Northern Ireland Protocol by emphasising the UK internal market over the EU single market, RTE News understands.
2/ If it became law the bill would overturn many of the principles of the Protocol, in that it would potentially do away with any checks on goods entering Northern Ireland from Great Britain and instead favour in-market surveillance, it's understood.
3/ The centerpiece of the bill is expected to be focused on a “dual regulatory regime” where goods produced in GB would be free to circulate in Northern Ireland, and goods produced in Northern Ireland would be free to circulate in GB.
Read 17 tweets

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