EU starts legal action over Brexit Bill

Notice sent to UK govt in first step of infringement procedure, says chief

BRUSSELS: European Union chief Ursula von der Leyen said Brussels has begun legal action over the British government’s attempt to overturn parts of the Brexit withdrawal agreement.

“This morning, the Commission decided to send a letter of formal notice to the UK Government. This is the first step in an infringement procedure.

“The letter invites the UK to send its observations within a month,” she said yesterday.

On Tuesday, British lawmakers adopted a Bill to regulate the UK’s internal market beginning 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, a breach of international law.

Johnson’s government has described this Bill as a “safety net” in case post-Brexit trade talks fail and the EU tries to impose a customs border between Great 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 ties 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,” 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 of Northern Ireland.

“The deadline lapsed yesterday, the problematic provisions have not been removed,” she said.

The British government defended the legislation, however.

A spokesman said London would respond formally to the action “in due course” but added: “We need to create a legal safety net to protect the integrity of the UK’s internal market, ensure that ministers can always deliver on their obligations to Northern Ireland and protect gains from the peace process.”

The European Commission said the Bill would breach Article 5 of the Withdrawal Agreement, which states that both sides must “cooperate in good faith” to implement the agreement.

Brussels had already warned that it would take legal action, but Johnson has pushed on with the legislation despite concerns in his own party and a warning from Washington that it puts Irish peace at risk.

The new legislation is now being debated by the House of Lords.

In parallel to the battle over the Bill, EU and UK negotiators Michel Barnier and David Frost are meeting in Brussels this week for their final planned round of talks on a post-Brexit trade deal.