At the same time, the Commission is today providing additional details on the possible solutions it put forward in October 2021 to facilitate the movement of goods between Great Britain and Northern Ireland. The position papers published today explain how the movement of goods between Great Britain and Northern Ireland can be significantly facilitated. The Commission calls on the UK government to engage seriously and constructively with these suggested solutions. As usual, the Commission will proceed in close collaboration and constant dialogue with the European Parliament and Council.

European Commission Vice-President, Maroš Šef?ovi?, said: “Trust is built by adhering to international obligations. Acting unilaterally is not constructive. Violating international agreements is not acceptable. The UK is not respecting the Protocol. That is why we are launching these infringement proceedings today. The EU and the UK must work together to address the practical problems that the Protocol creates in Northern Ireland due to Brexit. I am still convinced that with genuine political will to make the Protocol work, we can reach our objectives. I call on my UK counterparts to engage in good faith and explore the full potential of the solutions we have put forward. Only joint solutions will create the legal certainty that people and businesses in Northern Ireland deserve.”

Infringements

First, the Commission has decided to take the infringement launched on 15 March 2021 to its second stage by issuing a Reasoned Opinion. This infringement proceeding was launched as a result of the UK failing to properly implement the Protocol, notably regarding the certification requirements for the movement of agri-food. It had been put on hold last year in a spirit of constructive cooperation to create the space to look for joint solutions with the UK. However, the UK's unwillingness to engage in meaningful discussion since February – and this week's unilateral action – goes directly against this spirit.

If the UK government does not reply within two months, the Commission will consider taking the UK to the Court of Justice of the European Union. Under Article 12(4) of the Protocol, the Court of Justice has full powers provided for under the Treaties, including the possibility to impose a lump sum or penalty payment.

Secondly, the Commission has also decided to launch two new infringement proceedings against the UK for:

Failing to carry out its obligations under the EU's sanitary and phytosanitary (SPS) rules. In particular, the UK is not carrying out the necessary controls, and is failing to ensure adequate staffing and infrastructure, at Border Control Posts in Northern Ireland. It has also issued guidance that has the effect of disapplying EU law.

Failing to provide the EU with certain trade statistics data in respect of Northern Ireland, as required under the Protocol.

This marks the beginning of formal infringement processes, as set out in Article 12(4) of the Protocol, in conjunction with Article 258 of the Treaty on the Functioning of the European Union. Today's letters request the UK to take swift remedial actions to restore compliance with the terms of the Protocol. The UK has two months to reply to the letters.

The Commission stands ready to take further measures.