Article 16

Implications of the Northern Ireland protocol

What is the EU’s position on blocking vaccine exports?

The European Commission has said that all vaccine suppliers will have to seek authorisation of their exports, because of shortages in the EU. That could mean vaccines destined for Britain being stopped if they are seen as a threat to the delivery of doses to EU citizens.

What does the N Ireland protocol actually cover?

Under the Brexit protocol, Northern Ireland remains in the single market for goods and continues to operate under EU custom rules. As a result, all products are exported from the EU to Northern Ireland without checks.

What does Article 16 of the protocol entail?

This allows either the EU or the UK to unilaterally suspend part of the protocol’s operations if either side believes it to be causing “economic, societal or environmental difficulties”. Why did the EU trigger Article 16? In a move widely interpreted as a panicked attempt to solve its problems with a shortfall in the supply of Covid vaccines, the EU invoked Article 16 of the NI protocol. This was seen as part of the EU’s efforts to place controls on the export of Covid vaccines from member states to the UK, amid its dispute with AstraZeneca over its supply contract. In the eyes of the EU the NI protocol offers a back door for exporters, allowing them to move vaccines into the UK unchecked. Triggering Article 16 would have shut that back door.

What is the EU’s position now?

Within hours of triggering Article 16 on Friday – prompting widespread anger – EU sources said the move had been a “misjudgment”.

The European Commission swiftly backtracked and announced it was “not triggering the safeguard clause” and said the protocol remained “unaffected”, thus continuing to allow the free movement of Covid vaccines into the UK from the EU.