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Tony Connelly
@tconnellyRTE
, 3 tweets, 1 min read Read on Twitter
Breaking: Taoiseach Leo Varadkar says he will talk to Theresa May "today or tomorrow" on the margins of the EU-League of Arab States summit in Sharm El Sheikh.
Varadkar says Ireland and EU happy to look at "mechanisms" to give reassurances that the backstop will only apply "unless and until" something supersedes it.
"However, we can’t agree to something that would contradict the legal reality or the spirit behind what is already agreed."
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Tony Connelly
@tconnellyRTE
Quick thoughts on the idea of Article 62 of the Vienna convention allowing for the termination of the backstop if there is a “fundamental change of circumstances” (as per the advice the ERG want Geoffrey Cox to deliver).
According legal experts, the “fundamental change” has to have been “unforeseen” when the treaty was signed. If Cox is predicting the UK might invoke this, then it’s hardly unforeseen.
A case often cited is the decision by Slovakia & Hungary to use Article 62 to walk away from a 1970s era treaty between Hungary and Czechoslovakia on the operation of a dam on the Danube.
Read 5 tweets
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Tony Connelly
@tconnellyRTE
Breaking: European Commission says the "differential treatment" of trade on the island of Ireland, in which the UK imposes tariffs on goods coming from Ireland to GB, but not goods going north across the Irish border "raises concerns."
Commission was asked if it would reciprocate the UK plan no to apply tariffs on goods crossing the Irish border in a no deal scenario.
Commission Spokesman: "We take note of the UK's plans for temporary tariffs in the case of no deal. We will carefully analyse the compliance of the UK plan with WTO law and the EU's rights thereunder.
Read 7 tweets
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Tony Connelly
@tconnellyRTE
Key points from Geoffrey Cox:
The legally binding provisions of the Joint Instrument + the content of the Unilateral Declaration REDUCE the risk that the UK could be indefinitely and involuntarily detained within the Protocol’s provisions...
"...at least in so far as that situation had been brought about by the bad faith or want of best endeavours of the EU"
"HOWEVER, the legal risk remains UNCHANGED that if through no such demonstrable failure of either party, but simply because of intractable differences, that situation does arise, the UK would have...
Read 4 tweets

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