Thread by @Usherwood

Since we're all going to need it, some detail on suspending/terminating the TCA

PDF: bit.ly/UshGraphic95

A few thoughts too

1/

The suspension provisions under Art.772 aren't simple or a free-for-all, as you have to make a strong case for their use and you're bound to be proportionate

2/

By contrast, the general (Art.779) and Part (Art.591/692) provisions on termination don't need any justifications or thresholds, or even to talk about it, so they're much less liable to challenge

3/

And remember here we'd be looking at a cross-linkage from NIP to TCA, so it's not only a major escalation but also a jump of treaty, so EU will want to avoid any gaps in legal logic

4/

Finally, also note the termination clauses don't provide for brakes, so everything would hang on political negotiations to find a solution prior to end of notice period

DSM isn't in play here

5/

Overall, these are quite clunky instruments and Art.772 wasn't really designed for this scenario AFAICS

/end