Thread by @DPhinnemore

As the domestic UK political debate on Brexit grapples with the 'backstop' issue, it is worth recalling key statements adopted during the negotiations to date.

These may be ignored in the domestic debate, but are essential reference points for the EU and its negotiators.

1/

UK-EU Joint Report (08.12.2017), especially:

Para 49: 'In the absence of agreed solutions, the United Kingdom will

Para 50: In the absence of agreed solutions ...

ec.europa.eu/commission/sit…

2/

Draft Withdrawal Agreement (WA) (19.03.18)

"negotiators agree that a legally operative version of the “backstop” solution for the border... in line with [para] 49 of the Joint Report, should be agreed as part of the [WA], to apply unless and until another solution is found”

3/

Note only paragraph 49 - and not paragraph 50 - is referenced by UK and EU negotiators

Full text of the draft Withdrawal Agreement:

assets.publishing.service.gov.uk/government/upl…

4/

Article 15 of the Protocol on Ireland/Northern Ireland contains provisions agreed by UK and EU negotiators governing the application of the backstop arrangements in the Protocol. These are highlighted in green.

5/

Provisions highlighted in green are “agreed at negotiators' level and will only be subject to technical legal revisions”.

6/

Article 168 of the draft Withdrawal Agreement provides for the entry into force of the Protocol from the end of the transition period.

The provisions are highlighted in yellow, so “agreed on the policy objective but [still requiring] drafting changes or clarifications”

7/

Also agreed is a recital in the Preamble to the Protocol. This too is highlighted in yellow, so “agreed on the policy objective but [still requiring] drafting changes or clarifications”

8/

May's letter to Tusk (19.03.18):

"I am committed to agreeing in the Withdrawal Agreement operational legal text for at least the so-called ‘backstop option’ set out in in the Joint Report, in parallel with discussions in these other scenarios"

assets.publishing.service.gov.uk/government/upl…

9/

UK-EU Joint Statement (19.06.18)

“Both Parties recognise that the backstop on Ireland/Northern Ireland requires provisions in relation to customs and regulatory alignment in line with paragraph 49 of the Joint Report of December 2017”

assets.publishing.service.gov.uk/government/upl…

10/

Again, only paragraph 49 - and not paragraph 50 - is referenced by UK and EU negotiators

Note also: “The finalised results of the North-South mapping exercise on cross border cooperation will be published shortly”.

These results have still not been published

11/

The European Council in June 2018 expressed "concern that no substantial progress has yet been achieved on agreeing a backstop solution" and recalled "the commitments undertaken by the UK in this respect in December 2017 and March 2018"

consilium.europa.eu/media/35966/29…

End