BREAKING: the UK will be in a position to drop the offending clauses in the Internal Market + Finance Bills provided there's a "long term legal solution" to the outstanding issues around the NI Protocol, and that are "satisfactory to both sides", @rtenews has learned
2/ Acc to two well placed sources, there is a potential sequence involving the EU UK Joint Committee completing its work on the difficult issues of the Protocol which in turn will be tied to the conclusion of a Free Trade Agreement.
3/ The conclusion of an FTA wd quickly be followed by the announcement of a Joint Committee mtg, to close off the outstanding issues, some of which will "dissolve" anyway if there is an FTA
4/ I'm told that even if the UK govt reinsert the IMB clauses after it comes back from the Lords, the clauses could be removed later in the week if there is a virtuous sequence of events.
5/ I'll have more on the 9pm news on @rtenews
6/ I see a UK source is saying the clauses will go back into the IMB. Yes, that's spelt out in the story rte.ie/news/brexit/20…
7/ However, my understanding is that that is standard practice, and that if the choreography goes according to plan the clauses will taken out again. One source said, don't read too much into the clauses going back in (but don't under-read too much either)
8/ In other words, this is all highly sensitive and it all hinges on the Joint Committee getting the solutions agreed.
9/ A reminder of the contentious NI Protocol issues: how to define "goods at risk"; will exit summary declarations be needed for NI-GB traffic; what kind of presence shd EU officials have in NI; how far shd EU state aid rules reach back into GB; food consignments for supermarkets
10/ These are all technically difficult issues. However, officials on both sides have said very good progress has been made behind the scenes in recent weeks and that there are no outstanding political stand-offs
11/ For the sequence to work, some technical fixes remain to be completed, and, of course the small matter of agreeing an FTA
12/ If and when an FTA is concluded, expect a Joint Committee meeting to be called quickly. Member states have been kept abreast of the emerging solutions and they will have to agree a series of "decisions" giving legal effect to whatever emerges
13/ A source says there are two important pre-requisite. The solutions have to be satisfactory to *both* sides (EU and UK) and they have to be legally sound and long term, ie a short term grace period will not be enough
14/ There are obviously plenty of things which can go wrong, but that, at least, is the sequence. Note that @simoncoveney today was asked if the clauses went back in this week could the EU in all conscience sign an FTA with the UK?
15/ He told @thisweekrte "It will be unhelpful if they reintroduce those clauses, but the legislation won't be passed at that point. It will have to go back to the House of Lords. So it's far from done."

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More from @tconnellyRTE

7 Dec
NEW: UK negotiators have proposed stripping the valuable pelagic fishing industry out of the Brexit negotiations and instead have those stocks dealt with through an informal forum bringing together countries such as Russia, Norway, the Faroes, Iceland + Greenland, acc to sources
2/ The development reflects deepening divisions over the fisheries issue in the FTA negotiations. One EU official described the move as "very concerning"
3/ UK sources have also rejected suggestions that London was planning to re-nationalise the UK fleet by placing conditions on foreign ownership of British vessels. That issue was mentioned by @MichelBarnier during this morning's briefing of EU ambassadors
Read 13 tweets
7 Dec
BREAKING: The EU’s chief negotiator has told MEPs that negotiations on a post-Brexit deal could continue until Wednesday but no further.
2/ According to sources present, Michel Barnier also warned the UK that a deal would not be approved by member states if it pressed ahead with passing the Internal Market and the Finance Bills into law.
3/ He told the European Parliament’s Brexit coordination committee this morning that US President Elect Joe Biden was also “sensitive” to any impact of UK law on the Good Friday Agreement.
Read 10 tweets
7 Dec
Irish foreign min Simon Coveney says he is "more optimistic" about progress in the EU UK Joint Committee over implementing the Northern Ireland Protocol.
2/ Last night @rtenews reported that if a free trade deal were to be concluded, a sequence would be put in place at the end of which the UK would drop the clauses in the Internal Market Bill which breach the Protocol. rte.ie/news/brexit/20…
3/ This morning, the EU’s representative on the Joint Committee, which implements the Protocol, said he would be meeting his counterpart Michael Gove in Brussels today.
Read 10 tweets
7 Dec
Full remarks of Irish foreign min @simoncoveney to @rtenews this morning:

“Having heard from Michel Barnier this morning, really the news is very downbeat. I would say he is very gloomy, and obviously very cautious about the ability to make progress today.
2/ "There was news last night on some media sources that there was a breakthrough on fishing. That is absolutely not the case from what we’re hearing this morning,” he said.

Mr Coveney said that fisheries, the level playing field and governance remain “very problematic.”
3/ “There really was no progress made yesterday, that’s our understanding and so we’ve got to try to make a breakthrough at some point today, before the two principals, the Commission president and the prime minister speak later on this evening.
Read 6 tweets
6 Dec
Here is a quick update on the talks (then time for bed)...
1/ On fish, both sides are far apart, but it sounds like the UK wants the EU to jump first before it, in turn, shows flexibility. The UK is offering a three year phase in but with an upfront payment of €300m in demersal fish (ie, out of the €650m EU boats catch in UK waters)
2/ Then each year after the phase in there would be a link between EU boats getting access and a hand over of stock. EU sources say this would be disastrous for EU boats - demersal stocks are basically all the whitefish + prawn (nephrops) that make up the most valuable EU share
Read 13 tweets
6 Dec
Ireland's Foreign Affairs min @simoncoveney has said on @rtenews @thisweekrte that it is not the intention of France or any other member state to go for a No Deal in the hope of getting a better deal as Britain would be in a weaker position.
2/ Mr Coveney said that would be a "very risky approach" which would cause a lot of "acrimony and division".
3/ Asked if a deal would be possible if the UK passed the Internal Market and Taxation bills, Mr Coveney said that if the House of Commons approved the former it would be "unhelpful" but that the legislation won't have been fully passed (ie it would go back to the House of Lords)
Read 6 tweets

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