Brussels Flexes Muscles Over NI Protocol, Suing UK for Second Time

© AP Photo / Geert Vanden Wijngaert / European Commissioner for Inter-institutional Relations and Foresight Maros SefcovicEuropean Commissioner for Inter-institutional Relations and Foresight Maros Sefcovic
European Commissioner for Inter-institutional Relations and Foresight Maros Sefcovic - Sputnik International, 1920, 22.07.2022
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The European Commission launched a separate case against the UK last month over Downing Street's plans to use Article 16 of the protocol to end customs checks between Northern Ireland and the rest of the UK, which have disadvantaged British firms and caused unrest in Belfast.
The European Union's unelected executive has launched a second lawsuit against the British government over the problematic Northern Ireland Protocol.
The European Commission, headed by President Ursula von der Leyen who negotiated the post-Brexit trade agreement with British Prime Minister Boris Johnson in 2020, claimed the UK was breaking four parts of the deal.
The commission accused Downing Street of failing to comply with customs and supervision requirements and risk controls on the movement of goods from the British mainland to Northern Ireland, which it said could let traders "circumvent EU rules on prohibitions and restrictions on the export of goods to third countries or provides possibilities for carousel trafficking of goods being declared for export in the EU."
The EU's imposition of customs checks on goods moving between Britain and the exclave has sparked riots and even hoax bomb threats in Belfast, while the Democratic Unionist Party has refused to enter the customary power-sharing regional administration with pro-EU republicans Sinn Fein until they are lifted.
Another complaint related to duties on alcoholic drinks, which the commission said disadvantaged its "small and artisan producers" by denying them access to lower excise duty rates.
Almost all trade in goods between the UK and EU member state the Republic of Ireland is by sea through ports in the British mainland, from where Irish lorries transit goods to the east coast crossings to the European continent without paying customs tariffs of duties.
The Brussels executive also said the UK had not adopted new EU rules on excise duties in Northern Ireland — which remains part of the EU's single market under the protocol on the basis that border checks could break the 1999 Belfast peace accords.
The commission's fourth grievance was that the UK, which left the EU in 2020, had not adopted the bloc's rules on value-added tax (VAT) on e-commerce — particularly the Import One-Stop Shop which allows traders on sites like eBay to sell items priced under €150 (£128) without having to register for VAT in every one of the 27 EU member states.

"Despite repeated calls by the European Parliament, the 27 EU Member States and the European Commission to implement the Protocol, the UK government has failed to do so," the commission claimed in a statement.

It claimed it had "refrained from launching certain infringement procedures for over a year to create the space to look for joint solutions with the UK" out of a "spirit of constructive co-operation."
"However, the UK’s unwillingness to engage in meaningful discussion since last February and the continued passage of the Northern Ireland Protocol Bill through the UK Parliament go directly against this spirit," the commission said, echoing the UK's accusation that the EU has refused to discuss the issues.
Members of the Orange Order and bands parade from Parliament Buildings, Stormont, in Belfast, Northern Ireland - Sputnik International, 1920, 13.06.2022
Johnson Rejects Claims NI Protocol Changes Would Break 'International Law'
The commission launched a separate case against the UK last month over Downing Street's plans to use Article 16 of the protocol to end customs checks between Northern Ireland and the rest of the UK, which have disadvantaged British firms and caused unrest in Belfast.
Article 16 allows either the UK or the EU to "unilaterally take appropriate safeguard measures" if the way the protocol is applied "leads to serious economic, societal or environmental difficulties that are liable to persist, or to diversion of trade."
But it also obliges the side taking action to give a month's notice, and for meetings every three months to "review" the measures with the aim of returning to the original agreement.
Britain has accused Brussels of refusing to negotiate or listen to its concerns.
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