[QUOTE=Paddy1;36069677]Is it though? I recognise and understand the reaction to the suggestion that they pull the kind of stunt they were obviously intending to, at
some level. The reaction of all other parties to the agreement makes it obvious it would have been a bad move on their part. I'm simply question what the actually did.
I'm not sure it was. Having read the actual text of the Article and supporting Annex 7 which details the actual procedure to be followed (it's disturbingly short), there is no take-backsies clause and it states that the initiating party will "without delay notify the <other party>" and "immediately notify enter into consultations". None of this is happening. I've no idea where your quoted text is from. Link?
Quote:
Originally Posted by Sephiroth
I've no idea why you let yourself come across as a sort
of EU defender.
What the EU tried to do is well reported, e.g.: https://www.theguardian.com/world/20...diplomatic-row
They didn't indicate that they would initiate the joint committee process and gave the clear impression that they weren't going to but intended acting unlawfully in terms of the Trade Deal./rish Protocol.
We all know this and you're the only member of the forum so far to appear to defend the EU's high handed action that they were forced to withdraw.
This is exactly the kind of thing I'm questioning. Depending on your choice of news source, they either triggered it and rowed back (not provided for in the annex) or threatened it, whether deliberately or accidentally through a lesser bod not realising the implications. They can't not initiate the joint committee process because, at least from my reading, that is the mechanism for triggering Article 16. IANAL though and happy to be corrected. I'm not defending their actions or intent, just trying to determine what they actually did and from my reading of the actual Article 16 and Annex 7, I don't think they did.
For reference, the Protocol can be read in full here.
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Quote:
PROCEDURES REFERRED TO IN ARTICLE 16(3)
1. Where the Union or the United Kingdom is considering taking safeguard measures under Article 16(1) of this Protocol, it shall, without delay, notify the Union or the United Kingdom, as the case may be, through the Joint Committee and shall provide all relevant information.
2. The Union and the United Kingdom shall immediately enter into consultations in the Joint Committee with a view to finding a commonly acceptable solution.
3. The Union or the United Kingdom, as the case may be, may not take safeguard measures until 1 month has elapsed after the date of notification under point 1, unless the consultation procedure under point 2 has been concluded before the expiration of the state limit. When exceptional circumstances requiring immediate action exclude prior examination, the Union or the United Kingdom, as the case may be, may apply forthwith the protective measures strictly necessary to remedy the situation.
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Where else did you think I "cut and pasted" it from in my post #251?
I also highlighted "If the application of this Protocol
leads to ...", meaning any effect has to already be happening and will continue to happen. It's not meant to be for unlikely hypotheticals. It's not a case of "might lead to..."
.