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The Guardian says this comes under the heading “Environment and health”, not as we’d expect in the section on Sanitary/Phytosanitary measures.

So I took a look …

1/4
This is the section, including the phrase “health and product sanitary quality in the agricultural food sector”. It’s in a long list of common standards that “should” continue to apply beyond the end of the transition.

2/4
consilium.europa.eu/media/42736/st… Screenshot of paragraph 103 on page 29, highlighting
How will “quality” be interpreted? Will it even be spelt out in the final deal?

There seems to be lots of room to negotiate (or avoid negotiating) here, irrespective of what commitments the UK is prepared to make. Note also the “should”.

We’ll see.

3/4
consilium.europa.eu/media/42736/st… Repeat screenshot of paragraph 103 on page 29, highlighting
Meanwhile, this is the entire section on sanitary and phytosanitary measures (SPS), ie food safety and animal or plant health.

4/4
consilium.europa.eu/media/42736/st… Screenshot of paragraphs 33-33 on page 12 of the linked document
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Peter Ungphakorn
@CoppetainPU
The suspended Dispute Settlement Body (DSB) meeting resumed today after Thailand and the Philippines agreed to continue consultations with the chair on procedure.

(Details are usually published on the WTO website later)

It contained a gem of a curiosity.

1/6
The DSB is the WTO membership meeting to manage and decide on legal disputes. Today, it adopted 2 appeal reports:

1. DS499: Russia — Measures affecting the importation of railway equipment and parts thereof (complaint by Ukraine) wto.org/english/tratop…

2/6
And

2. DS505: United States — Countervailing Measures on Supercalendered Paper from Canada wto.org/english/tratop…

In DS505, the US objected to adopting this appeal ruling, arguing that none of the three Appellate Body judges was eligible to serve.

3/6
Read 6 tweets
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Peter Ungphakorn
@CoppetainPU
I see some analysts say ALL the level playing field provisions would be “dynamic alignment” with the EU.

Is it so clear-cut?

The umbrella paragraph says “… high standards over time with the Union standards as a reference point”.

But “reference point” is pretty vague.

1/3
On specific areas among these, all but one say something like “… common standards applicable within the [EU & UK] at the end of the transition period”. That’s not “dynamic”. It’s non-rollback

But for state aid: “application of Union state aid rules”. Deliberately different

2/3
So my take for what it’s worth

● The EU definitely wants dynamic alignment for state aid
● Other areas are at most vaguely “dynamic”, depending on how “reference point” is applied
● The UK would be a rule-taker in the transition. After, only on state aid, but no rollback

3/3
Read 3 tweets
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Peter Ungphakorn
@CoppetainPU
I don’t usually do “quick takes” but there's always room for an exception or two.

Here’s one on the EU’s negotiating mandate for talks with the UK

It’s a broad-brush look. Others will scrutinise the detail (as they already have with earlier drafts)

ec.europa.eu/commission/pre…

1/6
In general the negotiating mandate identifies subjects to be negotiated with a lot of potential areas of cooperation or adherence to international standards or agreements.

Experts can spot the likely direction of travel, as here 👇🏽

2/6
But overall the mandate leaves lots of room for negotiation to fill in the detail.

We know that some areas are difficult, eg, reciprocal access for fisheries 👇🏽 but even in this section there’s potential room for cooperation (if goodwill prevails)

consilium.europa.eu/media/42736/st…

3/6
Read 12 tweets

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See the next tweet for a screen shot.
Here's where aiding and abetting is thrown in: Paragraph 41 comes under the heading "Obstruction of Proceedings"

The 2 dangling there is 18 § U.S.C. 2, aiding and abetting, as given at the top of the indictment.

2 attachments: the heading of the indictment, and paragraph 41.
Here's 18 U.S.C § 2: law.cornell.edu/uscode/text/18…

(Thank you to whoever gave me the § symbol)
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George Peretz QC🏴󠁧󠁢󠁥󠁮󠁧󠁿🏴󠁧󠁢󠁷󠁬󠁳󠁿BL🇮🇪
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Worth looking at what @NickBoles says about how the Irish border backstop would be dealt with under his “Norway for now” proposal.
His analysis is here.
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