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A dispute over the supply of COVID vaccines prompted the EU to use the “nuclear” option of invoking Article 16, but then quickly changed course, so what is it about?
The article is part of the Northern Ireland Protocol, the agreement that governs the country’s trade agreements with the European Union and the rest of the United Kingdom after Brexit.
The protocol was one of the most difficult barriers to agreeing to the recent deal and was designed to keep trade flowing smoothly on the island and bypass checkpoints.
What effect does the Protocol have?
It means that Northern Ireland has a different status than the other nations of the UK.
In fact, it is still within the customs territory of the EU and the single market for goods.
Goods can flow between Northern Ireland, the Republic of Ireland and the rest of the EU in the same way as they did when the UK was a member, without customs controls, tariffs or new paperwork.
Why is it so serious to invoke article 16?
It is considered the option of last resort.
The article is intended to be used when the protocol unexpectedly leads to serious “economic, social or environmental difficulties”.
It allows the UK or the EU to act unilaterally to avoid these difficulties, but it does not mean that the protocol is suspended.
The idea is that it is used when the parties have not been able to agree on a joint approach to solving the problems.
What can the other party do if the item is activated?
They can take “rebalancing” measures, but they must be proportionate.
Why did the EU decide to use it on Friday?
Everything is related to dispute Oxford-AstraZeneca vaccine supplies.
He wants supplies shipped from UK factories to Europe to make up for a large shortfall in the quantity he expected.
Many EU countries are far behind the UK when it comes to launching vaccines and some areas have had to stop their programs.
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‘This is an incredibly hostile act by the EU’ – Foster
The Union now wants to protect vaccines that go from EU factories to foreign countries.
It has introduced a mechanism for member countries to authorize any export, but insists it is not a ban.
The EU was concerned that trade agreements under the Northern Ireland Protocol could be used as a “back door” to get around restrictions and send more supplies of the vaccine to the UK.
Would it have affected supplies in Northern Ireland?
Not in the short term, as it takes its hits from the rest of the UK by virtue of the national release.
But activating Article 16 would have meant that Northern Ireland was considered an export territory for vaccines shipped from the EU and the Republic of Ireland.
Why did the EU make a 180 degree turn by using Article 16?
The condemnation of the use of the “nuclear” option was swift, sparking a series of calls from UK and EU leaders.
Boris Johnson told the head of the European Commission, Ursula von der Leyen, that he had “serious concerns”, and also called his Irish counterpart Micheal Martin.
Northern Ireland Prime Minister Arlene Foster described the move as an “incredible act of hostility”.
Hours later, the EU announced that it was “not activating the safeguard clause” and said it had been an “oversight”.
Ms Von der Leyen tweeted on Friday night that she had had “constructive conversations” with Johnson.
“We agreed on the principle that there should be no restrictions on the export of vaccines by companies where they are fulfilling contractual responsibilities,” he said.
However, an EU statement also warned that if its new export control system was abused, it would “consider using all the tools at its disposal.”
