The three ways the EU can punish UK with legal action – member states ‘dismayed’

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European Commission representatives have said they will pursue the UK Government through courts to force Boris Johnson’s administration into following the agreed principles of the Northern Ireland Protocol. The organisation is reacting to draft legislation published by ministers this week that outline plans to unilaterally renegotiate aspects of the Protocol with which British parties disagree. Passages within the Trade and Cooperation Agreement (TCA) with the EU outline punitive measures diplomats may take and the potential impact on those living in the UK.

How can the EU punish the UK?

European Commission Vice President Maros Sefcovic called the Government’s proposed legislation “illegal”, as it breaks agreements contained in the Protocol that function as international law.

The agency has relaunched previously paused action against the Government for refusing to co-operate with agri-food standards arrangements and found two new infringements.

It alleged a lack of co-operation in supplying data to the bloc, and the misapplication of EU law.

Dr Hussein Kassim, a professor of politics at the University of East Anglia, outlined potential responses included in the TCA.

Article 506

Article 506, according to Professor Kassim, would allow the EU to “suspend access to its waters”.

The bloc could then “impose wider restrictions on trade” affecting targeted UK fishers and businesses.

Consumers may end up having to shoulder price increases in this situation, raising food costs on top of inflation.

Article 521

Under article 521, the EU can suspend the “trade parts of the TCA only”, harming importers and exporters.

Professor Kassim explained that, again, this could leave Britons with additional price increases.

But it may choose to leave other areas, keeping visa-free travel and police cooperation, he added.

Articles 770 and 779

Articles 770 and 779 could dismantle the entire TCA, leaving the UK with the feared “hard Brexit”.

In this eventuality, the EU would have to give the UK 12 months of notice and could again make life more costly for Britons.

Trade between the UK and the bloc would no longer be tariff-free, but would default to World Trade Organization (WTO) rules, where tariffs apply, and visa-free travel to member states would be off the cards.

Will the EU follow through with its legal action?

The Commission has asked the UK to comply with its action within two months, after which the organisation may escalate the issue under TCA committee structures.

Professor Kassim said member states are “increasingly dismayed by what they see as the failure of the UK to abide by its obligations under the Protocol as well as its recourse to unilateral action”.

But he added it may prefer to “support the Commission’s efforts to depoliticise the issue”.

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