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Brexit news: What happens when Article 16 is triggered?

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After Britain’s exit from the European Union (EU) was confirmed, the two parties have been attempting to renegotiate terms for a special Brexit deal relating to Northern Ireland. Coined the Northern Ireland protocol it’s been a point of contention that’s led to threats from each side of triggering a mechanism called Article 16. But what is it?

What is Article 16?

The UK and EU agreed to the creation of the Northern Ireland protocol, in October 2019.

By allowing goods to flow freely between the Republic of Ireland and Northern Ireland the deal removed the threat of a hard border.

But the arrangement has also resulted in what’s been labelled as an ‘Irish Sea border’.

READ MORE: ‘Totally undeniable’ MPs colluded with Remainers to try stop Brexit

Goods that now arrive into Northern Ireland from the rest of the UK are subjected to more stringent checks and controls.

In the scenario that either the UK or EU feel that the protocol is leading to significant issues or hampering their capacity to trade, then they have the option of activating Article 16.

The component sets out the process for taking unilateral “safeguard” measures, which in reality would amount to suspending parts of the deal.

Specifically, Article 16 says safeguard measures can be taken if the protocol is leading to serious “economic, societal or environmental difficulties” that are liable to persist.

He said: “Triggering Article 16 now would severely disrupt the unity of the UK and EU response to the war in Ukraine.

“It is thus perhaps not surprising that key US figures chose this week to restate that any uncertainty around the stability of the Good Friday Agreement would hinder a future UK-US trade deal.”

In recent months talks between Foreign Secretary Liz Truss and her EU counterpart Maros Sefcovic have stalled, leading to calls from Brexiteers for the UK to act.

However, Professor Menon cautioned that triggering Article 16 won’t “rid” Britain of the protocol.

He added: “I think the British Government if it triggers Article 16 will do something relatively small and contained.

“And then there’s not a massive bust-up. You don’t end up getting rid of the protocol. You end up with months if not years of negotiations, mediation and arbitration.

“So, it’s a way of doing something but it’s not a way of solving anything. In a sense you’re still stuck with the protocol and you’re still negotiating about the future of the protocol.”

In essence, were Article 16 to be triggered it wouldn’t have a huge impact on the ground.

Many of the checks on goods flowing from Britain to Northern Ireland have already been unilaterally suspended.

Triggering the mechanism itself would only start a formal dispute process that requires both sides to go into talks to resolve.



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'Have to kick the pedal to the metal' Ex-Ukrainian leader slams Macron tank aide hesitancy

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Ex-Prime Minister Arseniy Yatsenyuk sat down on LBC Radio to discuss NATO leaders. NATO has been allying themselves with Ukraine, sending help and weaponry and taking fleeing Ukrainian refugees. NATO members held a conference on the Russian invasion earlier this week to discuss more ways to help Ukraine.

Mr Yatsenyuk pushed for Macron to send over military tanks as promised, slamming him for dragging his feet, and claiming that the war in Ukraine affects the security of every European country.

Mr Yatsenyuk said: “That’s what Putin is closely watching, as for now, Putin didn’t expect this kind of unity and consolidated and concerted actions against the Russian federation.

“But you know, the time is running and we don’t have enough time to wait until some EU member states decide to supply more weapons to Ukraine.

“Or to impose tougher and stronger sanctions on the Russian Federation, so the EU has to be decisive and they have to speed up the process of new sanctions.

“And the shipment and delivery of weapons to Ukraine, because it’s not just about Ukraina and they realise it clearly, this is about the free world.

“And this is about the security of every single nation in the European Union, so the French have to kick the pedal to the metal.”

JUST IN: Putin’s ‘biggest’ Achilles’ heel exposed as ‘derided’ Russian despot facing furious REVOLT

Ukrainian President Volodymyr Zelensky explained this week that he expected “serious steps” from Western-allied countries.

Mr Zelensky repeated the calls for a no-fly zone over Ukraine to be imposed by NATO forces and complained that the Western allies had not yet provided Ukraine with sufficient planes, up to date modern anti-missile systems, tanks or anti-ship weapons.

Mr Zelensky added: “At these three summits we will see who is our friend, who is our partner and who sold us out and betrayed us.”

President Zelensky also expressed that he was grateful for the support Ukraine was continuing to receive from individual NATO member countries from around the world.

Mr Zelensky added: “But NATO has yet to show what the alliance can do to save people,” he said. “It feels like we’re in the grey zone between the West and Russia, but we’re protecting all our and your shared values.

READ MORE:Mum left fuming after letter describes her ‘active’ four-year-old daughter as overweight

Mr Johnson added: “We’ve got to tighten the economic vice around Putin, sanctioning more people today, as we are, sanctioning the Wagner Group, looking at what we can do to stop Putin using his gold reserves, and also doing more to help the Ukrainians defend themselves.”

Foreign Secretary Liz Truss has been playing an active role in trying to de-escalate the war with Russia by imposing tight sanctions on Russia to try and stop Putin’s warpath of destruction.

Ms Truss has warned that infighting between NATO countries at the moment could be highly detrimental for progress in ending the war.

Mr Truss said: “Russia’s targeting of critical national infrastructure is calculated and dangerous.

“It shows Putin is prepared to risk lives to sow division and confusion among allies.”



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NATO slammed as former US Army chief exposes ‘two big issues’ in united Russia response

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US Army vice chief of staff general Jack Keane, sat down on LBC radio to talk about the NATO conference which took place earlier this week. Mr Keane discussed the possibility that Putin could deploy chemical biological weapons on the battlefield. Russian President Vladimir Putin has already used the highly condemned thermobaric weapons since the war started just over a month ago.

The US Army chief acknowledged there had been no public policy declaration on the consequences Putin would face if he was to take such a barbaric action.

Mr Keane said: “Listen I was very disappointed by the NATO summit.

“I totally applaud the fact that they’re going to increase by 40k troops in Eastern Europe.

“And they’re increasing sanctions and it seems like a sense of unity.

“But on two big issues, it’s got to be disappointing, there’s no NATO public policy declaration.

JUST IN: Putin’s ‘biggest’ Achilles’ heel exposed as ‘derided’ Russian despot facing furious REVOLT

Mr Keane added: “At the end of that summit to deal with this particular issue, chemical biological weapons and nuclear weapons which the Russians have been waving in front of our face now for almost 30 days.

“What we need is… Think policy statement, not something that’s left to a reporter to ask a question on.

“And then you get a statement that you just repeated, which leads to more confirmation than anything else.

“A much better statement, using my words… I don’t want to put words into other people’s mouths.

READ MORE: Mum left fuming after letter describes her ‘active’ four-year-old daughter as overweight

“But with me, the use of any form of WMB would be unacceptable.

“We will not let it stand, it will result in decisive consequential actions and all options are on the table.

“Words to that effect, in a public policy statement, and we didn’t get it and it’s really unfortunate.

“And what it does it leaves in the minds of Putin and his  leaders just what would the reaction be, ambiguous like that and I think it’s very unfortunate.”

DON’T MISS: Russia scaling back invasion as troops retreat to eastern Ukraine after weeks of stalemate

Fear of the Russian military deploying chemical biological weapons has been heightened.

Ukrainian outlet InformNapalm has warned that: “Our conclusions may sound premature or too apocalyptic, but after the missile attacks and bombing of civilian infrastructure in Ukraine, which the Russian army resorted to, we believe that it is necessary to make these data public and try to thwart any such intentions of Russia.”

And NATO Secretary-General Jens Stoltenberg said in Brussels on Thursday: “We’ve tried to be very clear about the gravity of the use of any such chemical weapons.

“These are agents that should never be employed and certainly not on the battlefield, as we are concerned Russia might.”



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'Even Sturgeon is not serious' SNP's independence dream torn apart 'suicidal for Scotland'

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In recent weeks, the SNP leader has doubled down on her intentions to push through IndyRef2 next year, without the consent of Westminster. But a Scottish Conservative politician has suggested the First Minister does not truly intend to go through with the vote, because it would mean disaster for the very ideal holding the SNP together.

Tony Miklinski, Scottish Tory councillor for Cupar, Fife, told Express.co.uk that the First Minister is conscious that another vote to remain part of the UK would be “suicidal” for the SNP.

Mr Miklinski said: “I actually don’t think she’s serious.”

He added: “I think that Nicola Sturgeon is doing what she knows she’s expected to do by braveheart loyalists.

“She’s been talking about independence for so long and each time they get close to it, something comes along.”

He claimed Ms Sturgeon “knows she hasn’t got – by any means – a certainty of winning it”.

He then added: “Losing another referendum – that would be the end of the SNP.

“So she wouldn’t want to go until she’s sure.”

Mr Miklinski claimed the SNP leader was making the right noises to placate “more extreme nationalists” who are “howling” for a second independence referendum, but she is aware this is not the moment to push for a second vote.

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Mr Blackford told BBC Scotland: “Is anybody suggesting that [Vladimir] Putin should determine the timeline for an independence referendum in Scotland?”

However, an ex-advisor to former First Minister Alex Salmond said the referendum was “unlikely” to be carried out by Ms Sturgeon’s timeline.

Writing in the Sunday Times, Kevin Pringle said: “It is unwise to make any definite predictions in such volatile times, but it seems reasonable to say out loud that an independence referendum is unlikely to take place by the end of next year, given the hurdles to be overcome and extensive preparations required.”

He added: “A referendum is a means to an end, nothing more. If the Scottish Government pursues it within a tight 2023 timescale that people are uncomfortable with, even assuming it doesn’t happen then, the task of building support for independence itself may be undermined.”

The SNP’s commitment to a 2023 independence referendum was a staple of their election manifesto for Holyrood seats last year.

Speaking to LBC, the First Minister said: “My plans and my thinking haven’t changed.

“We, right now, should be reminded, above all else, how lucky we are to live in a free democracy where we can put forward our case for political constitutional change, argue that case passionately, whatever our views on that might be, and trust people to decide.”

Ms Sturgeon has also promised to bypass the need for Westminster consent to a second referendum, pushing forward with the Referendum Bill regardless of Downing Street.

Prime Minister Boris Johnson formally rejected the SNP’s call for a second referendum in early 2020, adding “the UK Government will continue to uphold the democratic decision of the Scottish people” in 2014.



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