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19 March Draft Highlights

by Cat Mon Mar 19th, 2018 at 10:13:24 PM EST

Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, pp 130

PARTS TWO CITIZENS' RIGHTS, FOUR TRANSITION, and FIVE FINANCIAL PROVISIONS are wholly [G] green, provisionally agreed.

For your convenience, below are listed only those divisions of the draft [W] white (proposed) and [Y] yellow (pending emendments). Breaks in a series indicate passages of the draft text that are otherwise highlighted [G].

The "transition" or "implementation" period still terminates 31 December 2020. Notice that jurisdiction and data sharing issues are particularly contentious, but financial settlement is not. PART SIX is the subdivision including

the DRAFT PROTOCOL ON IRELAND/NORTHERN IRELAND, the negotiators agree that a legally operative version of the "backstop" solution for the border between Northern Ireland and Ireland, in line with paragraph 49 of the Joint Report, should be agreed as part of the legal text of the Withdrawal Agreement, to apply unless and until another solution is found. The negotiators have reached agreement on some elements of the draft Protocol. They further agree that the full set of issues related to avoiding a hard border covered in the draft reflect those that need to be addressed in any solution. There is as yet no agreement on the right operational approach, but the negotiators agree to engage urgently in the process of examination of all relevant matters announced on 14 March and now under way.


PART ONE, COMMON PROVISIONS
[W] Art. 4 (1 ¶1, 3 - 5) Methods and principles

PART THREE, SEPARATION PROVISIONS
TITLE I GOODS PLACE ON THE MARKET
[W] Art. 42 (exchange of certified information between UK and EU 27)

TITLE III ONGOING VALUE ADDED TAX AND EXCISE DUTY MATTERS
[ Y ] Art. 47 Value added tax

TITLE IV INTELLECTUAL PROPERTY
[W] Art. 50 (2) Continued protection in the UK
[W] Art. 51 Registration
[W] Art. 56 Pending applications in the UK

TITLE V POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS
[W] Art. 58 ongoing judicial cooperation proceedings
[W] Art. 59 ongoing law enforcement cooperation proceedings

TILE VI
[W] Art. 63 jurisdiction, recognition and enforcement of judicial decisions

TITLE VII DATA AND INFORMATION PROCESSED OR OBTAINED BEFORE THE END OF THE TRANSITION PERIOD
[W] Art. 66 Definition
[W] Art. 67 Protection of personal data
[ Y ] Art. 68 Requests for assistance
[ Y ] Art. 69 Confidential treatment and restricted use of data and information
[ Y ] Art. 70 information security

TITLE VIII ONGOING PUBLIC PROCUREMENT AND SIMILAR PROCEDURES
[W] Art. 72 (2) "nondiscrimination principle"
[ Y ] Art. 73 Review procedures

TITLE IX EURATOM RELATED ISSUES
[W] Art. 79 Ownership and rights of use and consumption of special fissile materials in the UK

TITLE X UNION JUDICIAL AND ADMINISTRATIVE PROCEDURES, CH.1, Judicial procedures
[W] Art. 82 - 87
CH.2, Administrative procedures
[W] Art. 88 -  92

TITLE XI ADMINISTRATIVE COOPERATION PROCEDURES
[W] Art. 93 - 95

PART SIX, INSTITUTIONAL AND FINAL PROVISIONS
TITLE I, CONSISTENT INTERPRETATION AND APPLICATION
[W] Art. 153, Jurisdiction of the Court of Justice of the European Union concerning Parts Three and certain provisions of Part Five
[W]TITLE III DISPUTE SETTLEMENT

TITLE IV FINAL PROVISIONS
[ Y ] Art. 168 Entry into force and application
[ Y ] PROTOCOLS, Protocol on Ireland/Northern Ireland
[ Y ] CH.1, Art. 1 Rights of individuals
[W] CH. III, Art. 1 - 5, Common regulatory area
[ Y ] Art. 6 Single electricity market
[ Y ] Art. 7 Environment
[ Y ] Art. 9 State aid
[ Y ] CH. IV, Art. 11 Supervision and enforcement
[W] CH. V, Art. 12
[ Y ] CH. V, Art. 13 - 14

Art. 15  Subsequent agreement
Should a subsequent agreement between the Union and the United Kingdom which addresses the unique circumstances on the island of Ireland, avoids a hard border and protects the 1998 Agreement in all its dimensions, become applicable after the entry into force of the Withdrawal Agreement, this Protocol shall not apply or shall cease to apply, as the case may be, in whole or in part, from the date of application of such subsequent agreement and in accordance with that agreement.
[ Y ] Art. 16 Annexes 1 - 3
[W] Protocol relating to the Sovereign Base Areas in Cyprus

Display:
Jonathan Lis is "deputy director of the think tank British Influence, which researches the impacts of Brexit. He specialises in diplomacy, foreign and security policy and the single market." He sez
Downing Street's wheeze is instead to leave the single market and customs union and then pretend that Dover and Northern Ireland are still inside. Secret agreements have revealed that the government plans to introduce no additional checks on goods entering the UK after Brexit, even if we leave without any deal at all. In other words, we can fall off the cliff-edge next March [2019], without any transition or indeed any existing EU laws to bind us, but behave as though we are still in fact full members of the EU.
Until 31 Dec 2020, having been cheated 3 months more EU tariff-free-trade, privileges to line up 27 bi-lateral deals, and "voting rights." So he hasn't read [G] highlighted Draft A50 or may be searching for "implementation period" progress elsewhere.

m'k. No news that.

To where does "secret agreements" redirect? To Business Insider (US) promotion of Sky News (UK) "investigative" reporting.

Report: The UK is considering opening its borders and abandoning all customs checks after Brexit
Inexplicably, there is confusion as to whether or not the UK abandoning tariffs applies to goods and services entering the UK. Business Insider also touted The government is hiding its Brexit plans by making firms sign secretive 'gagging agreements'.

The source for both stories is Brexit Forensics: Playing chicken with the Channel Tunnel

Sky News has revealed that the Government had obliged key border operators to sign non-disclosure agreements over the shape of the post-Brexit border.
Further Sky News exclusive reporting
The development was described by Meg Hillier MP, the chair of the Public Accounts Committee, as "extremely unusual" and "a sign of Government paranoia".

She told Sky News: "I'm pretty staggered by that because I don't see why the Government shouldn't be revealing what it knows about Brexit but also why would it want to shackle organisations that might want to criticise or comment on Brexit by asking them to sign NDAs?"

Considering Tory gov's conspicuous objection to EU jurisdiction and data sharing in the Draft A50, I am surprised that this MP is surprised. Far be it for Tory gov to leave money on the table.


Diversity is the key to economic and political evolution.
by Cat on Sat Mar 24th, 2018 at 02:48:42 AM EST
According to Gibraltar Chronicle this week, Gib gov interpretation of Tory gov interpretation of the Draft A50 are equally challenged. You've been warned.

Diversity is the key to economic and political evolution.
by Cat on Sat Mar 24th, 2018 at 02:52:59 AM EST


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