Statement by Vice-President on the UK government's
decision to table a bill disapplying core elements of the
Protocol on Ireland/Northern Ireland
The European Union wishes to have a positive and stable
relationship with the United Kingdom. The EU and the UK are
partners facing the same global challenges, where upholding the
rule of law is imperative.
This relationship must, therefore, be based on the full respect
of the legally binding commitments that we have made to one
another – commitments based on the implementation of the
Withdrawal Agreement and the Trade and Cooperation Agreement,
which the two parties negotiated, agreed and ratified.
The Protocol on Ireland/Northern Ireland, an integral part of the
Withdrawal Agreement, protects the 1998 Good Friday (Belfast)
Agreement in all its dimensions.
It respects the constitutional position of Northern Ireland
within the UK. It avoids a hard border on the island of Ireland
and protects the integrity of the EU Single Market.
After countless hours of intensive, line-by-line negotiations, it
was the one and only solution we could jointly find to protect
the hard-earned gains of the peace process in Northern Ireland,
while addressing the challenges created by Brexit, and the type
of Brexit chosen by the UK government.
Renegotiating the Protocol is unrealistic. No workable
alternative solution has been found to this delicate,
long-negotiated balance. Any renegotiation would simply bring
further legal uncertainty for people and businesses in Northern
Ireland. For these reasons, the European Union will not
renegotiate the Protocol.
From the very beginning, however, the EU has shown understanding
for the practical difficulties in implementing the Protocol.
Based on our extensive engagement with a wide range of
stakeholders in Northern Ireland, the European Commission has put
forward far-reaching, bespoke arrangements, especially to
facilitate the movement of goods between Great Britain and
Northern Ireland.
With political will and commitment, the full potential of the
flexibilities put forward should be explored – and the European
Commission remains keen to do that with the UK government as soon
as possible. Only joint solutions would create the legal
certainty that people and businesses in Northern Ireland deserve.
It is with significant concern that we take note of today's
decision by the UK government to table legislation disapplying
core elements of the Protocol. Unilateral action is damaging to
mutual trust. The Commission will now assess the UK draft
legislation.
In particular, the Protocol provides business operators in
Northern Ireland with access to the EU Single Market for goods.
The UK government's approach puts this access – and related
opportunities – at risk.
Our aim will always be to secure the implementation of the
Protocol. Our reaction to unilateral action by the UK will
reflect that aim and will be proportionate.
As a first step, the Commission will consider continuing the
infringement procedure launched against the UK government in
March 2021. We had put this legal action on hold in September
2021 in a spirit of constructive cooperation to create the space
to look for joint solutions. The UK's unilateral action goes
directly against this spirit.
The Commission will also consider launching new infringement
procedures that protect the EU Single Market from the risks that
the violation of the Protocol creates for EU businesses and for
the health and safety of EU citizens.
In parallel, and in line with the EU's strong and long-standing
commitment to businesses and people in Northern Ireland, we will
soon present in greater details our model for the flexible
implementation of the Protocol, based on durable solutions within
the Protocol.
This will demonstrate that solutions to the issues raised by
business and people in Northern Ireland exist.
The European Commission recalls that the conclusion of the
Withdrawal Agreement was a pre-condition for the negotiation of
the Trade and Cooperation Agreement. Today's decision by the UK
government undermines the trust that is necessary for bilateral
EU-UK cooperation within the framework of the Trade and
Cooperation Agreement.
We call on the UK government to engage with us on joint
solutions. The Commission stands ready to play its part – as it
has from the outset.
