BRUSSELS • The European Union launched legal proceedings yesterday in response to the British government's attempt to overturn parts of the Brexit withdrawal agreement.
The infringement procedure, which could come before European courts, has not yet derailed post-Brexit trade talks, but reflects the pessimistic mood in Brussels as time runs short for a deal.
"This morning, the commission has decided to send a letter of formal notice to the UK government. This is the first step in an infringement procedure," EU chief Ursula von der Leyen said yesterday. "The letter invites the UK government to send its observations within a month," said Ms von der Leyen, the president of the European Commission, the EU executive.
On Tuesday, British lawmakers adopted a Bill to regulate the United Kingdom's internal market from Jan 1, when Britain will complete its post-Brexit transition period and leave the EU single market and Customs union.
The proposed law, by London's own admission, overwrites parts of the withdrawal treaty that Prime Minister Boris Johnson signed with EU leaders last year, resulting in a breach of international law.
Mr Johnson's government has described the Bill as a "safety net" in case post-Brexit trade talks fail and the EU tries to impose a Customs border between Britain and Northern Ireland.
But EU capitals - including Dublin - see these provisions as key to preventing a return of a hard border with Ireland and preserving the good relations underpinned by the Good Friday peace deal in Northern Ireland.
"As you know, we had invited our British friends to remove the problematic parts of their draft internal market Bill by the end of September," Ms von der Leyen said. "This draft Bill is, by its very nature, a breach of the obligation of good faith laid down in the withdrawal agreement. Moreover, if adopted as is, it will be in full contradiction to the protocol on Ireland, Northern Ireland.
"The deadline lapsed yesterday, the problematic provisions have not been removed."
An EU statement said that the Bill would breach Article 5 of the withdrawal agreement, which states that both sides must "cooperate in good faith" to implement the agreement.
If Britain does not back down, the infringement procedure could go all the way to the European Court of Justice, which would be able to impose large fines.
"We will respond to the letter in due course," a British government spokesman told reporters, playing down the significance of the announcement. "We have clearly set out our reasons for introducing the measures related to the Northern Ireland protocol.
"We need to create a legal safety net to protect the integrity of the UK's internal market, ensure ministers can always deliver on their obligations to Northern Ireland and protect the gains from the peace process."
If there is no deal by the end of this month, European officials warn it is hard to see how one could be ratified by the end of the year, meaning the UK would leave the single market with no trade agreement.
AGENCE FRANCE-PRESSE
