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. Under the terms of the Northern Ireland Protocol, goods should be able to move freely between the EU and Northern Ireland as the north remains … The process that delivered us the Northern Ireland Protocol already seems to have been rewritten in official memory. But this is not the first port of call; Article 16 is a last resort. a protocol to the Brexit Withdrawal Agreement that covers the special situation in Northern Ireland. No safeguard measures may be enacted until one month after this, or earlier if the consultation process concludes before this point. It is unique in two respects. But what is it, how does it work, and what would using it mean? Unilateral declarations by the European Union and the United Kingdom of Great Britain and Northern Ireland in the Withdrawal Agreement Joint Committee on Article 10(1) of the Protocol … A lot of attention has been placed on Article 16 of the Withdrawal Agreement’s Protocol on Ireland/Northern Ireland. What causes a serious impact in one place might not in another, so this ambiguity allows for interpretation at a later point. The UK and the EU will immediately enter talks through the Joint Committee with a view to finding ‘a commonly acceptable solution.’. What is Article 16? 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”. The protocol the EU would have triggered is part of the Brexit withdrawal deal and normally permits free movement of goods from the … 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. Many Unionist politicians in Northern Ireland, who defend its status as part of the UK, want the Protocol to be scrapped altogether. 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. 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. It must be limited to the scope of where the problems exist (i.e. The EU also said it would trigger emergency safeguarding measures under Article 16 of the Northern Ireland Protocol. This also means that the UK, acting in respect of Northern Ireland for the implementation of the Protocol, must ensure that, amongst other … This body feeds into the work of the Specialised Committee on the Protocol on Ireland/Northern Ireland (Article 14), which in turn makes recommendations to the Joint Committee. 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. These are reviewed every three months, with the intention of finding a resolution. The move to trigger Article 16 was made to prevent Northern Ireland from being used as a back door to funnel coronavirus vaccine from the bloc into the rest of the UK. Increasing attention is now being given to Article 16 of the Northern Ireland Protocol. 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 … It is uncertain at this stage what will happen next. Article 16 is one of the last provisions of the Protocol. Leave voters: Brexit aspirations and expectations. However, the Prime Minister indicated to the House of Commons on 3 February 2021 that he would be prepared to invoke Article 16 in order to ‘ensure that there is no barrier down the Irish Sea’. She has spoken of her ‘regret’ that Article 16 of the Northern Ireland border protocol was triggered by the European Commission in a Friday night fit of pique at the end of last month. The Northern Ireland protocol: ‘All shades of unionist are really angry’ Community leaders on frustration at article 16 and fears of violence returning Sat, Feb 20, 2021, 01:00 Both parties are restricted in the action they can take to address any such issues. 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 triggering of article 16 was prompted amid the row over shortfalls in deliveries of the AstraZeneca Covid vaccine. 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 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. 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. The protocol was agreed by the EU and UK as part of the Withdrawal Agreement and it is designed to prevent a hard border on the island of Ireland. 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 … 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 … This Protocol is without prejudice to the provisions of the 1998 Agreement in respect of the constitutional status of Northern Ireland and … Comments Share. 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. 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. A vote in 2024 will determine this. 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 Shock and anger at EU's move to invoke Brexit clause on Irish border. Such ‘safeguards’ as those in the Protocol are not commonly used, but are included as a protective measure to give both parties a formal recourse of action should the agreement entail any unintended outcomes that present significant challenges in either place. In accordance with the Protocol, the Joint Committee is the appropriate mechanism to use for this purpose. Text settings. Such ‘safeguards’ as those in the Protocol are not commonly used, but are included as a protective measure to give both parties a formal recourse of action should the agreement entail any unintended outcomes that present significant challenges in either place. By … 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. 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. However, this is not in any way linked to Article 16, and only relates to these specific articles. It has invoked Article 16 of the Northern Ireland Protocol, which allows the Brexit arrangements for Northern Ireland to be unilaterally overridden, in order to place controls on the export of vaccines made in the EU into Northern Ireland. 16.The solution for Northern Ireland in the Protocol was designed as a practical way forward to prevent a hard border on the island of Ireland. 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 implication is that the safeguard provisions in Article 16 will only be used if the circumstances are beyond anything that could have been reasonably anticipated, and so have not been explicitly addressed within the body of the agreement itself. 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. Should either the EU or the UK have to adopt safeguard measures, the Joint Committee is informed of what these are. It achieves that by keeping Northern Ireland … The UK in a Changing Europe uses cookies to improve your browsing experience. Article 16 of the Northern Ireland Protocol allows either the EU or the UK to override part of the Brexit trade agreement in relation to border controls in Northern Ireland. FILE PHOTO: Police officers stand by port security as a lorry drives in at the entrance to the Port of Larne, Northern Ireland, Britain January 1, 2021. The Joint Committee is where final decisions are made. If unilateral action is deemed necessary by either the UK or the EU, this starts a process, outlined in Annex 7 of the Protocol. 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. 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. If one side triggers article 16, the other side is open to take rebalancing action in response. This is not the case. Under Article 18 of the Protocol, democratic consent is required for the continued application of Articles 5-10 of the Protocol. If it concluded that the Irish Sea checks weren’t working in the UK’s interests, he promises to invoke Article 16, which allows London or Brussels to temporarily suspend the protocol. 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. 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. 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.’. 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. From a UK context, the NI protocol could present a back door for exporters to circumvent those controls and move vaccines into the UK unchecked, as trade from the EU into NI – as well as trade from NI to GB – is unrestricted under the protocol. The Protocol in its entirety will remain unaffected until such a time as either agreement is reached on resolutions or unilateral action is taken. 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. By Dr Clare Rice, Research Assistant at the Newcastle University Law School. 16 April 2021, 1:00pm. The authoritative source for independent research on UK-EU relations. Protocol on Ireland/Northern Ireland Protocol: Article 16 February 2021 Article 16 should not be regarded as a mechanism which offers an immediate reversion to the pre-Brexit status quo in response to largely predictable new frictions in goods movement from Britain to Northern Ireland, write Queen’s University Belfast’s Katy Hayward and David Phinnemore. 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. News that the EU came close to using Article 16 to prevent the movement of Covid-19 vaccinations across the island of Ireland has added further pressure to calls for the UK to use Article 16. The Protocol provides for this through a committee structure. a response cannot be taken that will alter the application of the Protocol in any unrelated respect) and there is a process in place which means action cannot happen on a whim or go unchecked. Confused political messaging about what the Protocol would look like in practice has further added to a sense that the challenges being seen in Northern Ireland are unexpected. The Union's Customs Code, for example, applies to all goods entering or exiting Northern Ireland. This is because, in many respects, it exists as a last resort. Triggering article 16 in respect of the movement of the vaccines closes that back door. 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 essence of the Protocol is about implementing what has been jointly agreed by the UK and the EU and managing it through joint action. Only ‘exceptional circumstances’ permit action to commence straight away. Article 1 Objectives 1. This explains the existence of an institutional framework for decision-making. It is common for trade agreements to contain provisions enabling either party to take unilateral action if the implementation of the agreement gives rise to negative consequences. In addition, should one party adopt safeguard measures, Article 16 permits the other party to take ‘proportionate rebalancing measures’ to ensure rights and obligations under the Protocol remain in balance. 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. Northern Ireland Protocol: Article 16 and EU vaccine export controls On 29 January the European Commission released new rules controlling the export of Covid-19 vaccines out of the EU. Vaccine passports: state authority vs. individual autonomy? This is why, for some, Article 16 is seen to provide the most appropriate course of action. In the Protocol on Ireland/Northern Ireland, these measures are set out under Article 16. So, in short, the answer is no – Article 16 cannot be used to disapply the Protocol. Article 16 does not provide any detail on what constitutes a ‘serious’ impact or what is meant by ‘diversion of trade’. efforts to place controls on the export of Covid vaccines. Before any action is taken, the party considering it must work through the Joint Committee to notify the other ‘without delay’. 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