As part of its plot to block vaccine exports to the UK, the EU has invoked Article 16 of the Northern Ireland Protocol. This has effectively removed Northern Ireland from the EU’s customs. In plain English, Article 16, the so-called safeguard clause, allows both the EU and the UK to unilaterally suspend part of the Northern Ireland Protocol (which keeps Northern Ireland in the EU’s customs territory) in specific circumstances.

Most discussion around this particular article had been how or whether the UK would use it. The fact that the EU has implemented it less than a month after coming into effect could set a big precedent.

Practically this new EU-imposed hard border won’t make a huge difference as Northern Ireland will receive their jabs via Great Britain, but this political move is extraordinary, after a week of terrible news for the Union. After years of arguing to keep Northern Ireland in its customs territory, the EU has just merrily kicked it out. Did someone mention cherry picking… 

UPDATE: The DUP have, not unsurprisingly, slammed the EU’s decision as “an incredible act of hostility”. Arlene Foster says:

“This is an incredible act of hostility. By triggering Article 16 in this manner, the European Union has once again shown it is prepared to use Northern Ireland when it suits their interests but in the most despicable manner — over the provision of a vaccine which is designed to save lives.

At the first opportunity the EU has placed a hard border between Northern Ireland and the Republic of Ireland over the supply chain of the Coronavirus vaccine.

With the European Union using Article 16 in such an aggressive and most shameful way, it is now time for our Government to step up. I will be urging the Prime Minister to act and use robust measures including Article 16 to advance the interests of Northern Ireland and the rest of the United Kingdom.”

UPDATE II: Labour join in with the EU condemnation: Louise Haigh MP, Labour’s Shadow Northern Ireland Secretary, commenting on the European Union’s decision to invoke Article 16 of the Northern Ireland Protocol:

“This move is deeply destabilising and undermines the huge efforts being made to make the Protocol work

Unilateral actions like this do nothing to aid the stability in Northern Ireland which the Protocol was designed to preserve.

The European Union must remember the Protocol depends on joint working and they share a responsibility to uphold that. They must think again, and revoke this action.”