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Originally Posted by Paddy1
What is the EUs behaviour on Article 16? At worst, they seem to have threatened to trigger it but didn't. How is this any different to what Boris has previously done and continues to do?
I think there is some confusion in the general media over what actually happened. Even if you don't subscribe to the explanation that it was a draft paper that was never enacted, triggering Article 16 requires them to notify the joint committee immediately and a week long period of consultation to be initiated.
We are not in a week long period of consultation and as far as I know, the joint committee were never informed so it was never triggered.
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The regulation was actually issued. How could it be a draft paper when it was due to start to be enforced the next day? Because it didn't start until the 30th, they had the chance to stop it from being enforced. Still leaves the matter of having to inform the Joint Committee, and the one month's notice required.
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(16) Exports of goods from Northern Ireland to other parts of the United Kingdom cannot
be restricted by Union law unless this is strictly required by international obligations
of the Union. Therefore, movements of goods covered by this Regulation between the
Union and Northern Ireland should be treated as exports. Whilst quantitative
restrictions on exports are prohibited between the Union and Northern Ireland, in
accordance with Article 5 (5) of the Protocol on Ireland/Northern Ireland, this is
justified as a safeguard measure pursuant to Article 16 of that Protocol in order to
avert serious societal difficulties due to a lack of supply threatening to disturb the
orderly implementation of the vaccination campaigns in the Member States.
...
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29.1.2021
For the Commission
The President
Ursula VON DER LEYEN
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