Quote:
Originally Posted by nomadking
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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Did notification take place? Is there a consultation?
Considering is a very ambiguous word here. Either side will have positions that they might take. I don't think that means they have to inform the other party until that position becomes policy. Boris is considering exactly the same thing. Has he notified the EU?
Yes, they put their position up on their web site, as they do with lots of documentation that has been drafted. They don't just post policy. There's no doubt it was a consideration to trigger Article 16 but no action has taken place to initiate it.
Quote:
Originally Posted by nomadking
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...".
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There is no process in progress that can currently lead to anything as there is no consultation taking place.