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ARTICLE 16 EXPLAINER

  • UK-EU Tensions Rise Over Northern Ireland Protocol
  • UK to Trigger Article 16 Should Talks Fail, Raising Trade War Risks

OVERVIEW

Tensions between the UK and EU have been on the rise in recent weeks, as both parties have yet to resolve their differences over the Northern Ireland Protocol. In turn, should the UK and EU fail to bridge the gap in talks, the UK have threatened to trigger Article 16.

WHAT IS ARTICLE 16?

Article 16 deals with issues related to trade between Great Britain and Northern Ireland. The protocol, which is a part of the EU-UK withdrawal agreement, prevents a return of a north-south trade border on the island of Ireland. As a result of the protocol, Northern Ireland has remained in the EU’s single market for goods and therefore, the UK is required to apply regulatory checks on select goods moving from GB to NI, protecting the integrity of the EU’s single market.

On Article 16, this is a safeguard measure, which states that if the protocol leads to serious “economic, societal or environmental difficulties that are liable to persist or to diversion of trade” then the UK or EU can take unilateral action to limit the aspect of the protocol at fault.

UK’S STANCE

Back in July, the UK issued a command paper, setting out its proposed changes to the NI protocol. In the paper, it stated that the protocol in its current form was causing serious economic and societal difficulties as well as creating a diversion of trade and thus provides justification for the UK to invoke Article 16.

AREAS THAT THE UK WISH TO CHANGE

The UK wish to reduce the number of checks and the number of goods that require checks between Northern Ireland and Great Britain.

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