UK Triggering Northern Ireland Protocol's Article 16 Could Prompt 'Radical' EU Response

© AP Photo / Peter MorrisonFILE - In this Wednesday Oct. 16, 2019 file photo motorists pass along the old Belfast to Dublin road close to the Irish border in Newry, Northern Ireland
FILE - In this Wednesday Oct. 16, 2019 file photo motorists pass along the old Belfast to Dublin road close to the Irish border in Newry, Northern Ireland - Sputnik International, 1920, 05.11.2021
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On Wednesday, Ireland's Taoiseach Micheal Martin described the potential triggering of Article 16 of the Northern Ireland Protocol by the UK as a "reckless" and "irresponsible" move that he said would have "far-reaching consequences".
Tony Connelly, Europe Editor for the Irish broadcaster RTE, has warned of a tough response by the EU to a possible scenario of Britain triggering Article 16 of the Northern Ireland Protocol (NIP).
The clause is specifically designed to allow the EU or the UK to override the agreement if the NIP starts causing "economic, societal, or environmental difficulties".
Article 16, however, does not get rid of the protocol, but rather triggers new negotiations and consultations between the sides.
In a series of tweets on Friday, Connelly noted that with "growing expectation" that the UK will trigger the article in the immediate future, there is "much more intense discussion in the European Commission about how the EU should respond".

"The view is that the EU's response could be much swifter and more 'radical' than expected", the RTE Europe Editor tweeted, adding that "this could include termination of the TCA [Trade and Cooperation agreement], or a suspension, which would require respectively 12 and nine months' notice".

The remarks come after the newspaper The Irish Times cited unnamed sources as saying that they expect the UK government to trigger Article 16 after the COP26 talks wrap up or even before. The 2021 UN Climate Change Conference (COP26) is due to come to a close on 12 November.

Irish PM Warns of 'Far-Reaching Implications' From UK Invoking Article 16 of NI Protocol

Ireland's Taoiseach (Prime Minister) Micheal Martin, for his part, warned of serious repercussions from the possible triggering of Article 16 by London, stressing that "a good faith response is required from the United Kingdom government".

"In my view it would be irresponsible, it would be unwise, and it would be reckless to invoke Article 16 as a response to the proposals from the European Commission", he argued in a message to Irish MPs on Wednesday.

It was an apparent reference to European Commission Executive Vice President Frans Timmermans saying recently that Brussels was "bending over backwards" to reach an agreement with the UK to resolve the two's dispute on the NIP's future.
© REUTERS / CLODAGH KILCOYNEIreland's Taoiseach Martin meets with EU Commission President von der Leyen in Dublin
Ireland's Taoiseach Martin meets with EU Commission President von der Leyen in Dublin - Sputnik International, 1920, 05.11.2021
Ireland's Taoiseach Martin meets with EU Commission President von der Leyen in Dublin
Martin warned that "if such an act [the triggering of Article 16] was to be taken by the British government, it would have far-reaching implications for the relationship between the United Kingdom and the European Union", adding that "it would also have implications for the relationship between the United Kingdom government and the Irish government".

"Because such an action would not be in accordance with the spirit of partnership that has informed the peace process since the get-go and the creation of the entire architecture that underpins the Good Friday Agreement. That is my very strong view", he concluded.

British Brexit Minister Lord David Frost said that "time is running out" on the UK-EU talks over the NIP and that "a significant gap remained", as he arrived in Brussels on Friday to meet European Commission Vice President Maros Sefcovic to discuss the issue.
At the same time, Frost insisted that the UK was not going to trigger Article 16 even though it was "very much on the table and has been since July". He did not elaborate on how long the negotiations would last, but said that he and Sefcovic were trying to reach an agreement and were going to "carry on trying".

London, Brussels at Odds Over NI Protocol

The EU admits that the Northern Ireland Protocol is causing trouble for many businesses and is calling for measures to ease the checks and controls for goods crossing the Irish Sea.
Britain, for its part, is demanding a full-blown reform of the protocol, amid growing speculation that it will trigger Article 16 of the NIP in the weeks to come.
Britain's Brexit Minister David Frost chairs the first meeting of the Partnership Council with European Commission Vice-President Maros Sefcovic in London, June 9, 2021.  - Sputnik International, 1920, 07.10.2021
Just Cool It: EU Commission Tells UK to Drop 'Political Rhetoric' Over Northern Ireland Protocol
After the UK exited the EU, Northern Ireland also effectively left the single market, with the Republic of Ireland, meanwhile, remaining a part of the European bloc.
Under the NIP, Britain agreed to leave some EU rules in place in Northern Ireland and accept checks on goods arriving from elsewhere in the UK to preserve an open land border with EU member state Ireland as a key pillar of the peace process there, hailing back to the 1998 Good Friday Agreement.
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