New: EU and UK officials are expressing confidence that an overarching agreement on the outstanding issues of the Northern Ireland Protocol can be agreed in the coming weeks.
2/ Sources say that officials are making progress on all the key obstacles that have held up the full implementation of the Protocol in recent months.
3/ The Protocol is due to enter into force on January 1, when Northern Ireland remains within the EU’s single market for goods and the rest of the UK formally leaves the European Union.
4/ The most sensitive issues include how to determine which goods entering the North from GB would be at risk of crossing the border and therefore attract a potential tariff, how to reconcile consignments of food for supermarkets with EU food safety rules...
5/ ...the construction of designated border control posts at Northern Ireland ports that will deal with animal health and food safety, and the EU presence in NI.
6/ Other issues include how Northern Ireland will plug into the EU’s VAT system for goods, and the UK’s VAT system for services. There also needs to be an agreement on the level of agriculture subsidies the UK will be entitled to grant to Northern Ireland farmers.
7/ It’s understood the question of EU food safety rules and a potential ban on sausages, mince and other prepared chilled foods of animal origin is also being addressed within the framework of the overall deal.
8/ Officials are tight-lipped about the details of how the issues are being addressed due to their sensitivity, but they say there is now a clear choreography in place that should lead to an overall agreement by mid December.
9/ The issues have been dealt with under the EU UK Joint Committee, set up under the Withdrawal Agreement, and the more technical Specialised Committee.
Last night European Commission officials updated member states on the progress made so far.
10/ “They ran through all the decisions that need to be taken and where we stand,” says one official briefed on the meeting. “It seemed to be quite encouraging. Work is underway, there's been progress.”
11/ One diplomat said: “The general perception is that progress is being made across the board in all these sensitive subjects. It’s going reasonably well.”
12/ Member states will have to approve a series of formal legal decisions, mandated under the Protocol, so that the system will have a proper legal base under EU law on January 1.
The UK is being appraised of these legal texts, it is understood.
13/ A meeting of the Joint Committee was scheduled for today but was postponed. It is now expected to take place next week, with a final JC meeting happening by mid December. It’s thought that at that point the overall package could be formally signed off by both the EU and UK.
14/ However, sources say there is still some way to go before all the details are finalised.
ENDS
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Quick update on @MichelBarnier's briefing to EU ambassadors this morning at 0830 on Brexit state of play. The same sticking points are there: LPF, fisheries, governance, but a lot of work is being done. "They're still talking, which is good," acc to one diplomat
2/ Diplomat adds: "They are working hard. It's positive that they are talking. They are seriously engaged, but the political decisions have not yet been taken in the UK."
Barnier did not speculate about when a deal might be reached. Acc to source he was keeping his cards close
3/ "The calendar is in everybody's minds: it's five weeks to go. But he didn't speculate."
Mr Barnier will travel to London tonight to resume face to face talks over the weekend.
How significant were @vonderleyen's remarks to the European Parliament this morning?
One senior EU diplomat says takes note in particular of her opening words. "Frankly, I cannot tell you today if in the end there will be a deal."
2/ That this sentiment is being expressed by the European Commission President on Nov 25 with just over a month to Jan 1, is significant. In Brussels there are only two questions: will there be enough time to ratify any deal? Is @BorisJohnson prepared to take a big political step
3/ Yes, it takes two to tango, etc. But it's clear from Von der Leyen's comments that the EU is going to stand firm on the level playing field issue.
Commission president @vonderleyen tells the European Parliament that three big issues remain in the Brexit negotiations: level playing field, governance, fisheries. These issues “can make the difference between a deal and No Deal”
2/ “We are ready to be creative but we are not ready to put into question the integrity of the single market, the main safeguard of European prosperity and wealth
3/ “That is why we need to establish robust mechanisms ensuring that competition is free and fair over time”
New: Member states have been told by the European Commission that 95pc of the EU-UK future relationship treaty has been completed, but that wide gaps remain on the three key issues of the level playing field, governance and fisheries
2/ This came during a briefing of EU ambassadors this morning by the sec gen of the European Commission Ilze Juhansone, standing in for Michel Barnier
3/ Although 95pc complete, there are square brackets in key areas of the text, meaning bits that remain open and that are linked to an overall deal. These are in the field of energy, road haulage, aviation, rules of origin
There's a lot of talk about time pressure +who that benefits. The EU has more onerous ratification obligations than the UK, eg the European Parliament will have to ratify the week beginning Dec 14 (the UK gov has more discretion)
2/ As has been widely discussed, the EP typically needs 4 wks to run it through its committees (no fewer than 11 cttees scrutinised the WA); there's the legal scrubbing, and translation into 23 languages by lawyer-linguists.
3/ However the EU is shifting strategy, going for "patience" and finding legal solutions to remove any time pressure caused by all the procedures. This cd include Provisional Application of parts of a deal from Jan 1, but that's regarded as "messy" and would only gain a few weeks
If you’re wondering about the UK Parliament’s role in ratifying the EU-UK future relationship treaty, there’s a handy guide here from the House of Commons Library commonslibrary.parliament.uk/uk-parliaments…
2/ But to save you the trouble, I’ve summarised it here.
3/ Firstly, it’s the UK govt, not parliament, which negotiates a treaty under its prerogative power. These powers are subject to some constraints. The Constitutional Reform & Governance Act (CRAG) gives parliament a limited role in ratifying treaties