The EU are not even close to following article 16.1 of the NI Protocol.
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1. If the application of this Protocol leads to serious economic, societal or environmental difficulties that are liable to persist, or to diversion of trade, the Union or the United Kingdom may unilaterally take appropriate safeguard measures. Such safeguard measures shall be restricted with regard to their scope and duration to what is strictly necessary in order to remedy the situation. Priority shall be given to such measures as will least disturb the functioning of this Protocol.
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Nothing has actually happened, so how can the EU that it has led to anything?
These "serious economic, societal or environmental difficulties" have to be actually occurring right now and before, for them to be able to invoke this. They also have to give a month's notice.