Documents don't change Withdrawal Agreement

Here is a quick analysis of the three documents agreed last night between Theresa May and Jean-Claude Juncker.

It is a four-page document that re-affirms some commitments already made, i.e. those in the Tusk-Juncker letters of 14 January, on the issue of good faith, the desire to secure a future trade deal quickly, and the question of "alternative arrangements" to the backstop. The text says that the Joint Instrument provides "a clear and unambiguous statement by both parties … of what they agreed in of the Withdrawal Agreement, including the Protocol on Ireland/Northern Ireland".

Both sides now believe, for example, "a systematic refusal to take into consideration adverse proposals or interests" would be incompatible with the "best endeavours" and "good faith" obligations of the protocol and the WA . So, both sides will start negotiations on a subsequent agreement as soon as possible after exit.

Both sides are "therefore committed to working speedily on a subsequent agreement that establishes by 31 December 2020 alternative arrangements, so that the backstop will not need to be triggered". It also complements the UK government’s promise to look at technology, customs practices and other ways of dealing with the Irish border.

In order to ensure a subsequent agreement enters into force by the end of the transition, both sides consider it "important" to review the progress on alternative arrangements at every high level conference, alongside wider progress on the future relationship. A subsequent agreement replacing customs and regulatory alignment could stand alone or form part of a wider agreement or agreements on the future relationship, depending on the progress of the wider negotiations.

This will be applied as soon as possible after its signature and can be provisionally applied if necessary in line with the applicable legal frameworks and existing practice. If there is a dispute on "good faith" and "best endeavours", both sides will enter into consultation within the Joint Committee, endeavouring to resolve the dispute in a "timely manner" and aiming to reach a "mutually agreed solution".

Source: The AI Report (theaireport.net)

Tis over Tony..tis over. It's the final countdown and their heading for Venus!

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