Monday, December 03, 2018

Best endeavours. In good faith. The way not to deal with the EU.

Leak Two.  Well, this could be interesting reading: “The Withdrawal Agreement: Legal and Governance Aspects Part One:Overview”.   

And, according to Brexit Central who bring us the Leaked Commons legal analysis of Brexit deal, it vindicates Mr Trump and contradicts Mrs May.    

One of the many things it states is that the UK-EU customs union which would come into effect if the backstop is triggered “would be a practical barrier to the UK entering separate trade agreements on goods with third countries”.  That’s pretty clear.   

So was Mrs May not telling the truth when she stood up in the commons on Monday 26th of November and said: “for the first time in 40 years, the UK will be able to strike new trade deals and open up new markets for our goods and services”?  They can’t both be right.   

The 27 pages are littered with more questions than answers.   For example it says:

Both UK and EU are represented on the Joint Committee, so no decision may be made without the UK’s agreement. This may not be the same thing as the two parties having equal power, as the aims of the parties will matter. If the Joint Committee is unable to reach a decision, in some circumstances, that will block next steps. The party that wants those next steps to occur, will then be at a practical disadvantage. By way of example, i) the Joint Committee sets the limits of state aid that can be authorised by the UK for agriculture. If limits are not agreed, state aid may not be authorised.”     

But perhaps the most concerning extract is when it notes:  

Article184 (of the Agreement) provides for the Parties to “use their best endeavours, in good faith and in full respect of their respective legal orders, to take the necessary steps to negotiate expeditiously the agreements governing their future relationship referred to in the political declaration [to be specified] and to conduct the relevant procedures for the ratification or conclusion of those agreements, with a view to ensuring that those agreements apply, to the extent possible, as from the end of the transition period””.   

When did good faith ever come from the EU?   

A question to ask any Greek you meet on the street today.

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