You’d be forgiven for struggling to keep up with the many articles surrounding Brexit and the European Union, be it Article 13 (the ‘meme ban’ later known as Article 17), Article 50 (from the Lisbon Treaty, used to trigger a member state’s EU exit) or this article about articles.
Our head hurts.
However, as the UK approaches the second anniversary of the day the country officially left the bloc (31 January 2020), there’s another article that has been making headlines and bringing us back to pre-Covid times when Brexit was at the top of the news agenda.
As Liz Truss, newly appointed foreign secretary, mentioned Article 16 of The Northern Ireland Protocol. This agreement seeks to prevent an island-wide hard border.Beware!She could invoke the clause in the event of a collapse in negotiations with EU.
When can Article 16 become effective?
According to Ms Truss, the clause is a safeguard and allows the UK or EU either to pause any section of the protocol if they feel it causes any harm. “economic, societal or environmental difficulties that are liable to persist, or to diversion of trade”.
Sign upto our free Indy100 weekly newsletter
Simply put, if any of the rules within the Northern Ireland Protocol make things a little tricky for either side – be it for economic, social, trading or environmental reasons – for a long period of time, they can whack out Article 16 like it’s an Uno reverse card.
Wait, hasn’t it been triggered before?
Not quite. Article 16 was not invoked by the EU at this point last year because of exports coronavirus vaccines.It was a U-turnfollowing a significant political outcry.
It all came down to the European Union’s new licensing scheme for vaccine exports, meaning companies who produce the jabs have to get permission from the EU member state where they manufactured it before they can send it over to other countries.
An Italian manufacturer of Covid vaccins would have to get permission from the Italian government in order to send it abroad.
There are exemptions, however, as manufacturers and countries don’t need to do this for most of their fellow member states,Countries with low- and medium income, and Southern Mediterranean countries inEuro-Mediterranean Partnership.
As we’re no longer a member of the EU, we are not included in the list of exempt countries.
OK, so what’s vaccine exports got to do with the Northern Ireland Protocol?
The Northern Ireland Protocol is designed to avoid a hard border between Ireland and Northern Ireland. It allows free movement of goods between Northern Ireland (and Ireland) and other EU member countries.
This means that the EUExports of vaccines cannot be restricted, but the union feared a loophole would allow for manufacturers to export to the UK without dealing with the EU’s requirement to get permission from the original member state where the vaccine was manufactured.
The UK controls the movement from NI (England, Scotland, and Wales) to Great Britain. This could allow a manufacturer located in an EU country to export to NI and avoid export checks.
As you can imagine, the EU wasn’t too happy with this little shortcut, and cited Article 16 as a clause to stop it before deciding against it and admitting that “mistakes were made”.
Does the UK have any experience with it?
No. No.
In December, days after Ms Truss replaced Lord Frost in his former role overseeing Brexit negotiations, the foreign secretary – who is also the minister for women and equalities –A statement was issuedwarning the EU it would trigger Article 16 if progress was not made in negotiations in 2022.
“We want a constructive relationship with the EU, underpinned by trade and our shared belief in freedom and democracy. Resolving the current issues is critical to unleashing that potential.
“The UK position has not changed. We need goods to flow freely between Great Britain and Northern Ireland, and the role of the [European Court of Justice] as the final arbiter of disputes between us, and resolve other issues.
“We must pick up the pace on talks in the new year. Our preference remains to reach an agreed solution.
“If this does not happen, we remain prepared to trigger Article 16 safeguards to deal with the very real problems faced in Northern Ireland and to protect the Belfast (Good Friday) Agreement in all its dimensions,” Ms Truss said.
So what’s the latest?
Ms. Truss reiterated her warning to Maros Sefcovic ahead of their first face-toface talks next week. She warned that Article 16 could be activated if neither side can reach an agreement.
InputtingCentral Recorderday TelegraphAccording to the South West Norfolk MP, she will suggest “constructive proposals”To Mr Sefcovic, she also highlighted that she is “willing”If no deal is reached, the Northern Ireland Protocol Article will be activated.
“The current problems are myriad and manifest. Red tape means that anyone who wants to send a parcel to Northern Ireland from Great Britain would need to fill out a customs declaration to do so – if the rules were implemented in full.
“Families cannot take their pets with them when travelling between Great Britain and Northern Ireland without costly paperwork and unnecessary veterinary treatments. Northern Ireland’s Jewish community has struggled to get kosher food,”She said.
Ms. Truss continued to write that the EU was still in existence “has now recognised that there are problems”To address, the UK requires “see greater movement”.
She continued: “Northern Ireland is not in the Single Market and shouldn’t be treated as if it is.
“We are proposing a common-sense solution – goods going to the EU should go through customs formalities and those staying in the United Kingdom should not.
“That means no checks or documentation for goods moving from Great Britain to Northern Ireland and staying there.
“We are happy to continue checking goods going on to the Republic of Ireland to protect the EU Single Market and to ensure there is no need for a hard border.”
The foreign secretary reiterated her priority to “protect peace and stability in Northern Ireland”reached a settlement with the EU but made it clear “if we have to use legitimate provisions”Article 16 is an example of what she is. “willing” to do so.
“This safeguard clause was explicitly designed – and agreed to by all sides – to ease acute problems because of the sensitivity of the issues at play.
“The EU has already invoked this article to introduce a hard border for vaccine exports and, even in the act of withdrawing it, insisted on its right to do so again in the future,”She said.
And the EU’s response?
It is not surprising that Joao Vale De Almeida, EU Ambassador to the UK, described the situation. “agitating”Article 16 “not very helpful”The bloc is also mentioned. “eager to reconnect with the British Government”.
In response to Ms Truss’s latest comments, he told Sky News’Trevor Phillips Sunday: “We’ve heard this before from the Government, so we’re not surprised. We are not too impressed.
“I think what we should focus on – at least that’s where we are focused on – is trying to find solutions for difficulties in the implementation of the protocol.”
“We need a new momentum in these talks … We are eager to reconnect, but we are even more eager to find compromises because we need to move on. It’s been too long.”
He said that the EU is looking for a solution. “ambitious”Proposals made by the union in Oct to be “fully discussed”We hope the UK Government will do so. “reciprocate on our offer … and get down to concrete practical solutions”.