Infringements of the Withdrawal Agreement

This is a notes page. I think the EU has instigated six infringement processes against the UK. Several, maybe the majority of these relate to the “Internal Market Bill”, and maybe the “Windsor Framework”. From memory I believe the Commission is also in dispute with HMG over the treatment of EU citizen’s resident in the UK, although finding references is harder.

Links

1. EU issues UK with list of demands if it wants better relationship from the FT.
2. Commission launches four new infringement procedures against the UK from the Commission, 22 Jul 2022, focusing on NI trade and the Internal Market Act.
3. Withdrawal Agreement: European Commission sends letter of formal notice to the United Kingdom for breach of its obligations a precursor to the 22 infringement proceedings
4. The EU-UK withdrawal agreement citizens-rights the EU’s view of the retained citizen rights.

I optimistically wrote Three steps back from Brexit on my blog (Sept 23). This is the closest I come to documenting the failures in process in handling the citizenship promises made in the withdrawal agreement.

ChatGPT pointed me at EU takes legal action against UK on free movement from politico.eu dated May 2020 and Commission launches infringement proceedings against UK over free movement dated 2020 from the Parliament Magazine.

I asked an MP to ask the question, and this is the reply, there are eight infringement proceedings, I think two on immigration & citizenship rights and the remaining six on trade and border controls for goods. I have asked a supplementary via Bell Ribeiro-Addey and am referred to a HoL answer.

20 January 2025

The list of active infringement proceedings against the United Kingdom are set out below:

1. INFR(2020)2202 – Incorrect transposition of the Free Movement Directive by the United Kingdom.
2. INFR(2011)2054 – Comprehensive sickness insurance requirement and treatment of extended family members with prior residence in the UK.
3. INFR(2016)2150 – Termination of the Intra-EU Bilateral Investment Treaties.
4. INFR(2022)2059 – Non-provision by the United Kingdom of external trade statistics in respect of Northern Ireland, as required by the Protocol on Ireland/Northern Ireland.
5. INFR(2021)2039 – Non-compliance with EU law requirements concerning the movement of agri-food, parcels and pet travel.
6. INFR(2022)2060 – Incorrect implementation by the UK of EU’s sanitary and phytosanitary rules, as required by the Protocol on Ireland/Northern Ireland to the Withdrawal Agreement.
7. INFR(2022)2064 – Failure of the United Kingdom in respect of Northern Ireland to implement the Import One Stop Shop for distance sales of imported goods.
8. INFR(2022)2062 – Incorrect implementation of the EU customs legislation by the United Kingdom in respect of Northern Ireland.

Infractions 4-8 above relate to the Northern Ireland Protocol and were opened before the UK and EU subsequently agreed the Windsor Framework.

What are the Intra-EU Bilateral Investment Treaties? Google AI Overview says, “Intra-EU Bilateral Investment Treaties (intra-EU BITs) are agreements between EU member states, establishing the terms and conditions for private investment by nationals and companies of one country in another.”,and here’s what the Commission says. (Why would we just not reinstate them?)

I looked up the treaty texts,

1. The Withdrawal Agreement
2. The Trade & Cop-opoeration Agreement
3. The EU page, recording the Windsor Framework, aka the NI Protocol