European Commission vice-president Maros Sefcovic has warned Britain’s next prime minister that triggering article 16 of the Northern Ireland protocol could give European leaders the impression that London was not interested in co-operating with the European Union. Speaking in Oxford at the annual meeting of the British Irish Association, Mr Sefcovic also highlighted the link between the withdrawal agreement of which the protocol is part and the trade agreement between Britain and the EU.
“Our relationship is now founded on two agreements: the withdrawal agreement and the Trade and Co-operation Agreement, which we negotiated together, agreed and ratified. Our partnership, and the trust underpinning it, requires – and depends on – these legally-binding commitments being respected. There are no two ways about this.”
Liz Truss, who is the favourite to succeed Boris Johnson as prime minister next week, is reported to be considering triggering article 16 which allows for the unilateral suspension of parts of the protocol in certain circumstances. As foreign secretary Ms Truss has introduced the Northern Ireland Protocol Bill, which would allow British ministers to unilaterally scrap most of the protocol.
The bill passed all its stages in the House of Commons before the summer recess, but it is expected to face strong resistance in the Lords amid fears that the EU could retaliate with an escalating range of measures that could lead to the termination of the Trade and Cooperation Agreement.
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“It is not for the UK government alone to change our bilateral agreement and modify the conditions under which goods can enter the EU’s single market and reach our consumers. This is simply legally and politically inconceivable,” said Mr Sefcovic. “This clear breach of international law is extremely damaging to mutual trust and respect between the EU and the UK.”
Mr Sefcovic, who said the British government had not engaged in any serious negotiations over the protocol, also warned of the consequences for Northern Ireland of unilateral action from London.
“Pursuing the bill – in the face of abundant criticism in the UK and further afield – also means deep uncertainty. Because Northern Ireland now enjoys and is benefiting from its unique access to the EU’s single market. The UK would surely not want to take further measures that would call these opportunities into question. Only joint solutions can create the legal certainty and predictability that people and businesses in Northern Ireland need and deserve,” he said.
“I am convinced that with political will and commitment we can still explore the full potential of our far-reaching proposals and find a way forward. This call to the UK government to engage with us has been clear for over a year. And it still stands – also vis-à-vis the incoming UK prime minister and government. Further unilateral action may give the impression to many in the EU that the UK leadership is not that interested in cooperation with the EU.”
