In a statement following an extraordinary meeting of the EU-UK Joint Committee this afternoon, the European Commission stated that violating the terms of the withdrawal agreement would "break international law, undermine trust and put at risk the ongoing future relationship negotiations".
The Commission has "reminded" the UK Government that the withdrawal agreement "contains a number of mechanisms and legal remedies to address violations of the legal obligations contained in the text – which the European Union will not be shy in using."
The EU does not accept the argument that the aim of the draft Bill is to protect the Good Friday (Belfast) Agreement. In fact, it is of the view that it does the opposite.
The European Union has now given the UK until the end of the month to amend its internal market bill, which it said constitutes a clear violation of last year’s Brexit divorce agreement after the UK Parliament ratified the withdrawal agreement under a year ago.
In its statement, the Commission said: "The EU does not accept the argument that the aim of the draft Bill is to protect the Good Friday (Belfast) Agreement. In fact, it is of the view that it does the opposite."
It added that "the Protocol on Ireland / Northern Ireland is an essential part of the Withdrawal Agreement. Its aim is to protect peace and stability on the island of Ireland and was the result of long, detailed and difficult negotiations between the EU and the UK."
European Commission Vice President Maros Sefcovic, who met with his British counterpart Chancellor of the Duchy of Lancaster Michael Gove at today's Joint Committee meeting, said that by putting forward the internal market bill, the UK has seriously damaged trust between the EU and the UK and it was now up to the UK government to reestablish that.
Emergency talks
The emergency talks between Britain and the European Union were held on Thursday over British prime minister Boris Johnson's plan to undercut parts of the Brexit divorce treaty, with Brussels exploring possible legal action against London.
As Britain pushes ahead with its plan to act outside international law by breaching the divorce treaty, EU negotiators are trying to gauge how to deal with London.
Publishing its legal position on breaking international law on Thursday afternoon, the British government said parliament would not be acting “unconstitutionally” in enacting the UK internal market bill.
EU diplomats and officials said the bloc could use the withdrawal agreement to take legal action against Britain, though there would be no resolution before the end-of-year deadline for Britain's full exit.
One EU source said Britain would fail if it wants to try to use the planned breach of the withdrawal agreement to extract concessions from the bloc in trade talks.
"If they try to do that, it will fail," the EU source said on condition of anonymity.
A note distributed by the EU executive to the 27 EU member states said the bloc could start so-called infringement procedures against Britain.
The British government says its planned law, put forward on Wednesday, merely clarifies ambiguities in the withdrawal agreement, but also says its main priority is the 1998 Belfast Agreement. It said the bill would be debated on Monday.
Britain signed the treaty and formally left the EU in January, but remains a member in all but name until the end of 2020 under a status quo agreement.
Earlier on Wednesday, Taoiseach Micheál Martin acknowledged that the Government is preparing for the prospect of a No Deal Brexit.
Speaking on RTÉ radio’s Morning Ireland, Mr Martin said he was not optimistic at this stage about the possibility of a Brexit deal. He said he believed there were two options, either a limited trade deal or no deal at all.
Mr Martin said he had “made it very clear in no uncertain terms” in a telephone call to British Prime Minister Boris Johnson Ireland’s opposition to the “unilateral” decision by the UK to breach an international treaty and its obligations.
Such an action raised the fundamental issue of trust and had implications for future negotiations, he warned. “Trust has been eroded.”
Meanwhile, US house speaker Nancy Pelosi warned there will be “absolutely no chance of a US-UK trade agreement passing the Congress,” if Britain violates an international treaty and Brexit undermines the Belfast Agreement.
In a statement to The Irish Times on Wednesday evening, Ms Pelosi said Britain must “respect the Northern Ireland Protocol as signed with the EU to ensure the free flow of goods across the Border.” – Reuters
