In the Protocol on Ireland/Northern Ireland, these measures are set out under Article 16. Fri 29 Jan 2021 16.52 EST 76 Under Brexit’s Northern Ireland protocol, all products are normally permitted to be exported from the EU to Northern Ireland without checks, as NI remains in … Many Unionist politicians in Northern Ireland, who defend its status as part of the UK, want the Protocol to be scrapped altogether. The UK has consistently spoken about engaging with the EU to find solutions to the problems the Protocol has given rise to in Northern Ireland. The Ireland/Northern Ireland Specialised Committee 73 The Joint Consultative Working Group 74 Chapter 13: Democratic consent (Article 18) 76 Overview 76 Box 1: Declaration by the Government concerning the operation of the ‘Democratic consent in Northern Ireland’ provision of the Protocol on Ireland/Northern Ireland 76 Analysis 78 Necessary checks and controls must take place at Points of Entry on goods entering Northern Ireland from the rest of the United Kingdom or any other third country. The article is part of the Northern Ireland Protocol - the agreement that governs the country's trading arrangements with the European Union and the rest of the UK after Brexit. The authoritative source for independent research on UK-EU relations. But this is not the first port of call; Article 16 is a last resort. A Joint Consultative Working Group has been established (Article 15), which facilitates regular dialogue between the EU and the UK on the implementation of the Protocol. Article 16 is one of the last provisions of the Protocol. Prime Minister Boris Johnson has said his Government will have "no hesitation" in triggering Article 16 of the Northern Ireland protocol if 'disproportionate' problems arise result of the legislation. But what is it, how does it work, and what would using it mean? 16 April 2021, 1:00pm. In the Protocol on Ireland/Northern Ireland, these measures are set out under Article 16. Northern Ireland’s Democratic Unionist Party (DUP) has published a five-point plan to undermine the Protocol, while wider calls to remove the Protocol have been mounting against the Prime Minister, Boris Johnson. As unilateral action under Article 16 is required to be specific and limited only to the aspect(s) of the Protocol at fault, all other aspects of the Protocol will remain in place throughout. The move is seen as part of the EU’s efforts to place controls on the export of Covid vaccines amid its escalating row with AstraZeneca over its supply contract. Comments Share. The protocol was a resolution to the sticky Irish border question and was designed to avoid a return of checkpoints along the politically sensitive frontier and minimise potential disruption of cross-border trade. Article 16 is intended to be used when the Protocol - designed to avoid a post-Brexit hard border on the island of Ireland and a key part of the UK's Withdrawal Agreement - is … By Dr Clare Rice, Research Assistant at the Newcastle University Law School. The Joint Committee is kept informed of these, and they are also reviewed every three months alongside the measures that have been taken by the initiating state. The UK and the EU will immediately enter talks through the Joint Committee with a view to finding ‘a commonly acceptable solution.’. While none of the practical issues seen to date in relation to Northern Ireland were unforeseeable, matters beyond these technicalities have brought the situation to a point that could not have feasibly been prepared for in the Protocol. Leave voters: Brexit aspirations and expectations. The mechanism, which was created as a temporary measure, is only supposed to be triggered in the face of “serious” problems, but there is no definition of what “serious” entails. The Von der Leyen Commission threatened to advise the European Council to invoke Article 16 of the Northern Ireland Protocol on 30 January 2021 over a dispute with AstraZeneca on the contractual details of COVID-19 vaccine and whether the Anglo-Swedish manufacturer was or was not providing its "best efforts" to supply the EU with its product. Article 16 does not provide any detail on what constitutes a ‘serious’ impact or what is meant by ‘diversion of trade’. Should either the EU or the UK have to adopt safeguard measures, the Joint Committee is informed of what these are. It must be limited to the scope of where the problems exist (i.e. Article 16 provides both the UK and the EU with a unilateral power to take action should the application of the Protocol give rise to ‘serious economic, societal or environmental difficulties that are liable to persist, or to diversion of trade.’. The essence of the Protocol is about implementing what has been jointly agreed by the UK and the EU and managing it through joint action. This also means that the UK, acting in respect of Northern Ireland for the implementation of the Protocol, must ensure that, amongst other … The use of this body to address the fallout from the Commission’s Article 16 incident has been an early example of the proper mechanisms for issues relating to the Protocol being used. These are reviewed every three months, with the intention of finding a resolution. A lot of attention has been placed on Article 16 of the Withdrawal Agreement’s Protocol on Ireland/Northern Ireland. However, amid a row over vaccine delivery shortfalls, the EU has invoked article 16 of the NI protocol which allows the EU or UK to unilaterally suspend aspects of its operations if either side considers that aspect to be causing “economic, societal or environmental difficulties”. But the intent behind the agreement is that neither side will seek to act unilaterally to alter the Protocol, and that resolutions will be found through cooperation in the first instance. If dialogue also fails to resolve the issues, Article 16 means that the EU and the UK still have a mechanism available that will enable their interests to be protected. Only ‘exceptional circumstances’ permit action to commence straight away. The EU has moved to temporarily override part of Brexit's Northern Ireland Protocol, which governs the region's trading arrangements with the bloc and the rest of the UK. This is a forum for deliberation and consultation, which may be enough in some cases to smooth certain matters before they become issues, but it does not hold any decision-making powers. It has been done as a “safeguard measure”, the EU says, “in order to avert serious societal difficulties due to a lack of supply threatening to disturb the orderly … The EU also said it would trigger emergency safeguarding measures under Article 16 of the Northern Ireland Protocol. The Joint Committee is where final decisions are made. What causes a serious impact in one place might not in another, so this ambiguity allows for interpretation at a later point. This is not the case. Text settings. However, amid a row over vaccine delivery shortfalls, the EU on January 29th invoked article 16 of the Northern Ireland protocol which allows the EU or … Shock and anger at EU's move to invoke Brexit clause on Irish border. The Union's Customs Code, for example, applies to all goods entering or exiting Northern Ireland. Calls for the UK to use Article 16 in response to the issues that have been seen with regard to trade between Great Britain and Northern Ireland have become confused by political rhetoric which has created the impression that invoking it will bring a speedy resolution and/or a return to arrangements as they were before the Protocol came into force. Triggering article 16 in respect of the movement of the vaccines closes that back door. Under Brexit’s Northern Ireland protocol, all products are normally permitted to be exported from the EU to Northern Ireland without checks, as NI remains in the single market for goods and continues to operate under EU custom rules. A vote in 2024 will determine this. The European Union has invokved Article 16 of the Northern Ireland Protocol to restrict the movement of EU made Covid-19 vaccines into the United Kingdom. It is unique in two respects. The Brexit deal clause has been triggered by the EU to place controls on the export of Covid vaccines to NI, Last modified on Mon 1 Feb 2021 08.25 GMT. a protocol to the Brexit Withdrawal Agreement that covers the special situation in Northern Ireland. We would also like to set optional analytical cookies to help us improve the website, but we will not set optional cookies unless you accept them. The Protocol provides for this through a committee structure. It is uncertain at this stage what will happen next. This explains the existence of an institutional framework for decision-making. 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