EU Launches 4 New Infringement Procedures Against UK for Failing to Comply With Protocol on Northern Ireland

Even though the EU Parliament, the Member States, and the Commission repeatedly called the UK to implement the Protocol, the UK government failed to do so. Thus, the newly launched infringement procedures come in addition to the ones launched on June 15, 2022.

The Commission explains that the aim of these infringement procedures is to ensure compliance with the Protocol in a number of key areas.

“This compliance is essential for Northern Ireland to continue to benefit from its privileged access to the European Single Market, and is necessary to protect the health, security, and safety of EU citizens as well as the integrity of the Single Market,” the statement of the Commission reads.

The Commission decided to launch a new infringement procedure against the UK in respect of Northern Ireland for failing to comply with the applicable customs requirements, supervision requirements, and risk controls on the movement of goods.

Earlier in 2020, the UK issued a unilateral declaration ensuring unfettered access for Northern Irish goods to move to the market of the EU. The EU authorities agreed with the UK’s proposal to provide equivalent information through alternative means.

Nonetheless, the Commission explained that the UK does not collect export declaration data for goods moving from Northern Ireland to Great Britain and, at the same time, does not provide information to the EU on these movements, AtoZSerwisPlus.com reports.

In addition, the second infringement procedure has been launched against the UK for failing to notify the transportation of EU legislation establishing general EU rules on excise duties. The Commission highlighted that the non-implementation of these rules poses a fiscal risk to the EU in relation to movements of goods that are subject to excise duties to and from Northern Ireland.

Infringement procedures have also been against the UK for failing to notify the transportation of EU rules on excise duties on alcohol and other alcoholic beverages as well as for failing to implement EU rules on Value Added Tax for e-commerce.

It has been pointed out that the decision taken today marks the beginning of formal infringement procedures. The letters sent to the UK require that the country’s authorities take swift remedial actions to recover compliance with the terms of the Protocol.

The UK now has two months to reply to these letters, after which the Commission of the EU stands ready to take additional measures.