Brexit round-up – 26 March 2021
26th March, 2021
Welcome to this, our latest Brexit round-up. Each week we provide a succinct round-up of the latest news surrounding the Brexit process, so you can keep abreast of the issues which are likely to affect your organisation.
European Commission launches infringement proceedings against UK
The European Commission has launched infringement proceedings against the UK by sending a letter of formal notice. The Commission believes the UK has breached the substantive provisions of the Northern Ireland Protocol, as well as the good faith obligation under the UK-EU withdrawal agreement, by unilaterally declaring its intention to delay the full application of the Protocol concerning the movement of goods and pet travel from Great Britain to Northern Ireland for operational reasons. The Commission can bring infringement proceedings against the UK for breach of certain provisions of the Protocol in accordance with Article 12(4) of the Protocol in conjunction with Article 258 of the TFEU. The letter of formal notice is the first formal step, which, if the Commission is not satisfied with the UK’s replies, could ultimately result in a referral to the Court of Justice of the EU and a financial penalty. The UK has one month to reply. The Commission has also called on the UK to enter into consultations in good faith in the Joint Committee established by the withdrawal agreement, with the aim of agreeing a mutually acceptable solution by the end of March. Failure to do so could result in the dispute settlement procedures under the withdrawal agreement being triggered, including binding arbitration between the EU and UK.
For more information please click here.
European Parliament to ratify trade deal in April
European Parliament President David Sassoli has announced that the European Parliament will finally ratify the post-Brexit trade deal between the EU and the UK in a plenary session starting on 26 April 2021. The deal, which has already been approved by the EU national governments and British parliament, will need to receive the European Parliament’s ratification before the agreement legally comes into full force, however it has been implemented since January 1 under provisional application to avoid the consequences of a no-deal Brexit.
For more information please click here.
If you have any questions about any of the issues which are raised, or would like to discuss your own organisation’s options during the Brexit process, please do not hesitate to get in touch.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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