The European Commission has been accused of failing to take account of unionist sensitivities in the imposition of the Irish Sea border, according to reports.
The British government has made the claim amid suggestions that it may invoke force majeure to walk away from its Northern Ireland Protocol obligations.
RTÉ today reported that in a response to the European Commission legal action initiated in March, the British government has suggested that circumstances have evolved to an unforeseen degree, making it difficult for it to adhere to the post-Brexit trade arrangements.
Its 20-page letter to the commission sets out a list of factors which the British government says resulted in its unilateral action aimed at mitigating the impact of the protocol.
The list cites factors such as the Covid-19 pandemic and the obligations it must meet under the protocol, but also accuses the European Commission of not taking unionist sensitivities into account in the application of the protocol.
It highlights problems with parcel deliveries and of the impact of new requirements for people bringing pets fromBritain into the north.
The commission, which launched its legal action after British government moves to ease protocol requirements and extend grace periods, is also criticised for not employing "political dialogue" to seek a resolution of the dispute.
In justifying its action, the British government cites the commission invoking of Article 16 on January 29, which was quickly reversed amid widespread outcry.
The letter also claims the protocol had contributed to last month's street violence in loyalist areas.
