The EU has as it would say “broken the law”. They have reneged on the UK Agreement.
Article 1 of the Northern Ireland Protocol states
“This Protocol is without prejudice to the provisions of the 1998 Agreement in respect of the constitutional status of Northern Ireland and the principle of consent which provides that any change in the status can only be made with the consent of the people”
The loyalist community sees that the Protocol has cut them off from important parts of the UK state and placed them under EU rules and controls. They are losing their right to import from GB and to have the same laws as GB without their consent.
The Article affirms that “This Protocol respects the essential state functions and territorial integrity of the UK”. Not the way the EU is interpreting it.
Article 6 of the Protocol states
“having regard to Northern Ireland’s integral place in the UK the Union and the UK shall use their best endeavours to facilitate trade between Northern Ireland and other parts of the UK”
Instead the EU has gone out of its way to disrupt GB to NI trade and to divert trade to NI/EU.
The opening to the Protocol sets out the overarching aims for help in interpreting the text. These include:
Having regard to the importance of maintaining the integral place of BI in the UK’s internal market
Recalling that NI is part of the customs territory of the UK
Determined it should impact as little as possible on the everyday life of communities in both Ireland and NI…
All of these have been violated badly by the EU
Article 16 allows the UK or the EU to take unilateral action to remedy issues where there are “serious economic, social or environmental difficulties” or where trade is diverted. These tests are clearly met.
The EU would be wise to apologise for breaking the Agreement, and should take action to correct the difficulties it has created for NI and the UK single market.