1/ Some thoughts about the new draft of the Brexit withdrawal agreement.
First of all, it's noxious that the Commission doesn't mark changes or (as before) explain the text in any way. A very partial approach to transparency.
First of all, it's noxious that the Commission doesn't mark changes or (as before) explain the text in any way. A very partial approach to transparency.
2/ At first sight the main changes seem to concern the transitional (implementation) period, perhaps because the UK has focussed on that issue since it hopes to get this part of the text signed off shortly. Do let me know if you spot any other significant changes.
3 Here's the new "good faith" clause which the UK wanted. But I can't see what practical effect it has in the rest of the withdrawal agreement. 
4 From the transition period part (Article 122.5) - the UK could be invited to cooperate with new JHA laws as a *non-EU country*. Not the opt in which the UK asked for.
5 Also the UK could be invited to cooperate with the new defence policy "permanent structured cooperation" (which it opted out of) as a non-EU country.
"This isn't the Brexit that Putin was looking for!"
"This isn't the Brexit that Putin was looking for!"
6 Also new - Member States could refuse to surrender their own citizens to the UK on the basis of a European Arrest Warrant from Brexit day already. Hard to avoid this exception due to national constitutional issues.
7 There's nothing to deal with the "separation" aspect of this - ie what if a German citizen was arrested in Germany on the basis of a UK EAW, but not surrendered to UK before Brexit day? (art 58.1.a only deals with what happens to EAWs *at the end of the transition period*).
8 The new draft gives the UK an extra possibility to be consulted on EU proposals during the transition period. (Article 123)
9 External relations (Article 124). Point b added - again extra possibility to be consulted for the UK.
10 Significant change - the UK could refuse to apply an EU foreign policy measure during the transition period. (This isn't a veto as such, as the EU would still apply that law). This adapts existing EU Treaty wording that applies to different circumstances.
11 Fish 🐟🐟
More detail on consultation of the UK during the transition period period, including in international fora.
Important new clause says that basic rules allocating catches can't be altered during the transition period.
More detail on consultation of the UK during the transition period period, including in international fora.
Important new clause says that basic rules allocating catches can't be altered during the transition period.
12 That last compromise should protect against an EU law during the transition period that (say) doubled the catch of EU fishing boats in UK waters. Something like it was proposed by a random academic here - eulawanalysis.blogspot.co.uk/2018/02/annota…
The "without prejudice" clause should go though
The "without prejudice" clause should go though
13 On dispute settlement - para 2 here on potential sanctions if a CJEU ruling settling a dispute about the withdrawal agreement isn't complied with is much clearer than before.
14 It's still problematic, though, for reasons I discuss here - as part of the broader problem the Commission's draft has of trying to treat the UK as a Member State *and* a non-Member State, even after the transition period is over - eulawanalysis.blogspot.co.uk/2018/03/disput…
15 Overall thoughts - these changes show that the UK is having some impact on the talks. It's not simply taking dictation from the EU, as some (on both Leave and Remain sides) claim. There's obviously a way to go though. //
