A quick thread on where we stand with EU conclusion of the Brexit deal, based on internal unpublished Council documents.
Tomorrow morning Member States' representatives meet to agree the text on the decision to conclude the treaty. They will be revising the Commission proposal on this.
There's also a batch of agreed statements about how the Brexit deal will be implemented on the EU side.
This agreed decision will then be sent to the European Parliament for consent. It's explicit that an extension of the period to approve the treaty on the EU side is "inevitable".
An extension of the 28 February deadline to approve the treaty can be approved by the Partnership Council, ie representatives of the UK and EU. The Commission has to propose a Council position on this. Note the irritated tone of the Council document on this.
The Commission *might* have tabled this proposal today, but it's not public yet.
More on the EU internal discussions re the Brexit deal. Here's the first of four agreed statements - on the Member States closely watching the Commission's role implementing the deal, and possibly suggesting that it start the dispute settlement process re the UK.
The second agreed statement re EU implementation of the Brexit deal is about the Commission keeping an eye on alleged breaches by the UK, especially re the level playing field.
Third statement on EU implementation of the Brexit deal concerns 🐟 negotiations.* Member States will keep the Commission on a short leash.

*distant sound of John Redwood exploding
Final statement on EU implementation of the Brexit deal. The Commission will keep an eye on whether the UK treats Member States equally.
Something for the cross border civil litigators. The UK has officially left the Brussels and Rome Conventions on civil jurisdiction and choice of law. (It has necessarily also left the EU legislation which replaced these treaties). Cc @GAVClaw
NEW - Commission proposes that EU/UK Partnership Council agree to extend provisional application of Brexit deal to April 30

Main text - ec.europa.eu/transparency/r…

Text of proposed decision - ec.europa.eu/transparency/r…
As explained further up the thread, the proposal must a) be agreed by the Council (EU Member States) as the EU negotiation position; b) be agreed between EU and UK at a Partnership Council meeting

a) seems likely in light of Council views in the docs - not sure about b)...

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More from @StevePeers

11 Feb
CJEU continuing its jurisdiction over UK cases pending at the end of the transition period - today's AG opinion on judicial review of food standards decisions (reference from the Supreme Court): curia.europa.eu/juris/document…
Another CJEU AG opinion today in a pending UK case - this one a fast-tracked case from Westminster magistrate's court on whether Bulgarian standards for issuing European Arrest Warrants ensure judicial independence - curia.europa.eu/juris/document…
CJEU, asylum law

New AG opinion on when asylum seekers fleeing civil war (in Afghanistan, in this case) qualify for subsidiary protection - curia.europa.eu/juris/document…
Read 4 tweets
10 Feb
EU Commission report on return and readmission policy - the usual exhortations to agree to its proposed revision of the returns directive, negotiate more readmission treaties etc - ec.europa.eu/transparency/r…
On the same issue - new CJEU AG opinion on the EU returns directive - when does an entry ban against a non-EU citizen fall outside the scope of EU law? curia.europa.eu/juris/document…
A second CJEU AG opinion on expulsion today, this time of EU citizens - curia.europa.eu/juris/document…
Can an EU citizen expelled for not meeting criteria to stay simply come back to the expelling State?
Read 6 tweets
29 Jan
Incidentally the links to the new law no longer work - does anyone know if this is just a technical glitch or whether there might be a change to the text planned? @tconnellyRTE
Quick point about the vanished vaccine export law. It included a list of vaccine producers. If the law reappears with that list, the vaccine producers might have standing to sue the EU Commission directly before the EU General Court, and request interim measures immediately.
This doesn't necessarily mean that the companies would *win* either interim measures or the main action. Just that a legal challenge might be brought.

Any legal challenge would be about trade law, not contract law.
Read 4 tweets
28 Jan
On free trade agreements and export bans: the withdrawal agreement provides for free trade between the EU and NI. For the UK as a whole, the recent trade deal applies. 1/
2/ Article EXC.1 of the Brexit trade deal provides for exceptions to the free trade rules. It applies WTO law - GATT Art XX - which provides for trade restrictions "necessary to protect human, animal or plant life or health" - but this is subject to conditions...
3/ Art XX allows trade restrictions on health grounds if "such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade"
Read 18 tweets
27 Jan
I love the smell of a leaked legal service opinion in the morning
The conclusion: the EU Council legal service says that it's OK for the Brexit deal to be concluded with the UK by the EU only, not needing Member States' participation
The reasoning: the legal service distinguishes between competences reserved to Member States, and competences shared with the EU. For the latter, the EU has the choice of concluding an EU-only treaty.
Read 11 tweets
25 Jan
EU/S Korea - free trade and labour rights

The EU's press release on the new expert panel report on whether S Korea is in breach of its labour obligations under the EU/S Korea FTA: trade.ec.europa.eu/doclib/press/i…
Also links to the full text of the panel report
tl;dr: the expert panel upholds some of the EU's complaints re S Korea (too limited definition of 'worker' and 'trade union'; limits on freedom of association) but not others (another freedom of association point; steps toward ratification of core ILO Conventions)
These trade/labour provisions of the EU/S Korea FTA are similar to those in other recent FTAs, including with the UK. They don't lead to trade retaliation but can put pressure on the other side.

However, EU/UK FTA goes further ->
Read 5 tweets

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