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EU sources say splitting the WA from the Political Declaration for tomorrow's vote is "not an issue". The letter from Tusk-Juncker in January stressing the solemn link between the two was "to reassure the Brits."
The Political Declaration has been adopted by EU27 leaders, that informs the decision that both the EP and the HoC have to take on the actual treaty and its ratification. In other words, the EP is only asked to give its consent on the WA, but taking into a/c the Political Decl
If the UK decides to do the same thing we have no issue with it, EU sources say.
UK legislation says you can only ratify the WA if you have a vote on both the WA and the Bill that covers both the WA and PD. The only way to cancel that need is to have another Act that supersedes the previous Withdrawal Bill.
So, the idea is that the WA is voted on tomorrow, and another bill is voted on afterwards removing the need for both the WA and PD to be voted thru as one package.
EU source says the vote tomorrow "still looks very iffy" because of the DUP and the problem of Labour rebels who will now see it as a "blind Brexit".
If it doesn't go through we're heading towards April 12. The UK can keep trying to pass the WA right up to then. If May does squeak it thru right before 12/4 she would probably ask EU leaders for a new extension beyond May 22. Sources say it's unlikely the EU would grant that
That's because in the recitals of last week's EUCO agreement it states clearly that if the UK is still a member on May 23-26 it will have to contest the EP elections - the UK agreed to that.
"I can't see a technical extension going beyond 23 May, unless the UK contests the EP elections. And it wouldn't make sense to contest EP elections if your MEPs are never going to take their seats," says source.
Then again - there could be a situation where say on May 17 PM comes back and says I need another two weeks, I'm nearly there, EU leaders might say, ok you can have another extension. But another extension would not be available *now* given the febrile nature of the Commons.
