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Peter Ungphakorn @CoppetainPU
, 10 tweets, 6 min read Read on Twitter
The "transitional arrangement" @bbaschuk refers to is, for now, the proposed Withdrawal Agreement (WA). It has provisions (129.1) specifically dealing with issues such as the WTO's Government Procurement Agreement (GPA)

What needs to be sorted out?

1/10

gov.uk/government/pub…
With the WA, the time to sort out the GPA is extended under the WA's transition period. Without the WA and no consensus in the WTO's Government Procurement Committee (the GPA signatories), UK preferential access is lost.

2/10

Source (paywalled): ….agribusinessintelligence.informa.com/PL218600/New-s… Screenshot of paragraphs in the linked paywalled article quoting a WTO news story in which the UK and EU say the UK will be treated as an EU member until the end of the transition, and Article 129.1 plus footnote of the draft Withdrawal Agreement
The problem isn't the UK's offer (already accepted in principle) but legalese & procedure in the committee's draft decision

@bbaschuk shared a leaked US amendment to the EU's draft committee decision.

It is revealing. This first part is unamended.

3/10

drive.google.com/file/d/1pW-3P0… Screenshot of the top of page 2 of the US proposed draft decision, down to
Next come alternative versions of paragraph 1, with alternative wording on how to describe the UK's status as an EU member until Brexit day or to the end of a transition, if there is one. Mainly legalese.

4/10 Screenshot of two versions of paragraph 1 in the US proposed text
Next, a paragraph on the committee accepting the UK's accession to the GPA (but needing ratification in UK parliament), tweaked with "in its own right".

Par3 proposes 6 months for the UK to confirm ratification (submit "instrument"), replacing reference to 30 days, but …

5/10 Screenshot of tweaked paragraph 2, deleted paragraph 2 and new paragraph 3 on the UK submitting its instrument of accession
Alternative wording on par.3 (the UK submitting its instrument of accession to the Government Procurement Agreement). Includes options: no earlier than 30 days before the GPA ceases to apply to the UK as an EU member, or in six months after the committee accepts the UK.

6/10 Screenshot of alternative paragraph 3 on the UK submitting its instrument of accession to the agreement
Paragraphs 4 to 6 contain tweaks to add "in its own right". The US proposes moving a reference to a UK statement down to a new paragraph 7.

7/10 Screenshot of paragraphs 4 to 6 in the US proposed amended decision text
The US's proposed paragraph 7 calls for the UK to submit its promised update of government agencies open to international competition in procurement.

A footnote in the UK's offer accepts that the list it's copied from the EU28's commitments is out of date (see next tweet)

8/10 Screenshot of proposed paragraphs 7 to 10 in the US proposed amendments to the draft decision
The footnote: "Where the functions of an entity listed in this Annex have been or are transferred to another entity, which is itself a contracting authority, the successor entity shall be deemed to be included in this Annex …".

9/10

drive.google.com/file/d/1PlNV6U… Screenshot of footnote 2 in the linked document. Most of it is quoted in the tweet.
Finally, the US wants the UK to submit more updated information if the UK's acceding to the Government Procurement Agreement is delayed into a Brexit transition.

We'll see in Feb if the UK accepts the US's procedural changes of pars 3, 7, 10.

wto.org/english/news_e…

10/10 Screenshot of last paragraph of news story.
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