by Cat
Mon Mar 19th, 2018 at 10:13:24 PM EST
Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, pp 130
PARTS TWO CITIZENS' RIGHTS, FOUR TRANSITION, and FIVE FINANCIAL PROVISIONS are wholly [G] green, provisionally agreed.
For your convenience, below are listed only those divisions of the draft [W] white (proposed) and [Y] yellow (pending emendments). Breaks in a series indicate passages of the draft text that are otherwise highlighted [G].
The "transition" or "implementation" period still terminates 31 December 2020. Notice that jurisdiction and data sharing issues are particularly contentious, but financial settlement is not. PART SIX is the subdivision including
the DRAFT PROTOCOL ON IRELAND/NORTHERN IRELAND, the negotiators agree that a legally operative version of the "backstop" solution for the border between Northern Ireland and Ireland, in line with paragraph 49 of the Joint Report, should be agreed as part of the legal text of the Withdrawal Agreement, to apply unless and until another solution is found. The negotiators have reached agreement on some elements of the draft Protocol. They further agree that the full set of issues related to avoiding a hard border covered in the draft reflect those that need to be addressed in any solution. There is as yet no agreement on the right operational approach, but the negotiators agree to engage urgently in the process of examination of all relevant matters announced on 14 March and now under way.
PART ONE, COMMON PROVISIONS
[W] Art. 4 (1 ¶1, 3 - 5) Methods and principles
PART THREE, SEPARATION PROVISIONS
TITLE I GOODS PLACE ON THE MARKET
[W] Art. 42 (exchange of certified information between UK and EU 27)
TITLE III ONGOING VALUE ADDED TAX AND EXCISE DUTY MATTERS
[ Y ] Art. 47 Value added tax
TITLE IV INTELLECTUAL PROPERTY
[W] Art. 50 (2) Continued protection in the UK
[W] Art. 51 Registration
[W] Art. 56 Pending applications in the UK
TITLE V POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS
[W] Art. 58 ongoing judicial cooperation proceedings
[W] Art. 59 ongoing law enforcement cooperation proceedings
TILE VI
[W] Art. 63 jurisdiction, recognition and enforcement of judicial decisions
TITLE VII DATA AND INFORMATION PROCESSED OR OBTAINED BEFORE THE END OF THE TRANSITION PERIOD
[W] Art. 66 Definition
[W] Art. 67 Protection of personal data
[ Y ] Art. 68 Requests for assistance
[ Y ] Art. 69 Confidential treatment and restricted use of data and information
[ Y ] Art. 70 information security
TITLE VIII ONGOING PUBLIC PROCUREMENT AND SIMILAR PROCEDURES
[W] Art. 72 (2) "nondiscrimination principle"
[ Y ] Art. 73 Review procedures
TITLE IX EURATOM RELATED ISSUES
[W] Art. 79 Ownership and rights of use and consumption of special fissile materials in the UK
TITLE X UNION JUDICIAL AND ADMINISTRATIVE PROCEDURES, CH.1, Judicial procedures
[W] Art. 82 - 87
CH.2, Administrative procedures
[W] Art. 88 - 92
TITLE XI ADMINISTRATIVE COOPERATION PROCEDURES
[W] Art. 93 - 95
PART SIX, INSTITUTIONAL AND FINAL PROVISIONS
TITLE I, CONSISTENT INTERPRETATION AND APPLICATION
[W] Art. 153, Jurisdiction of the Court of Justice of the European Union concerning Parts Three and certain provisions of Part Five
[W]TITLE III DISPUTE SETTLEMENT
TITLE IV FINAL PROVISIONS
[ Y ] Art. 168 Entry into force and application
[ Y ] PROTOCOLS, Protocol on Ireland/Northern Ireland
[ Y ] CH.1, Art. 1 Rights of individuals
[W] CH. III, Art. 1 - 5, Common regulatory area
[ Y ] Art. 6 Single electricity market
[ Y ] Art. 7 Environment
[ Y ] Art. 9 State aid
[ Y ] CH. IV, Art. 11 Supervision and enforcement
[W] CH. V, Art. 12
[ Y ] CH. V, Art. 13 - 14
Art. 15 Subsequent agreement
Should a subsequent agreement between the Union and the United Kingdom which addresses the unique circumstances on the island of Ireland, avoids a hard border and protects the 1998 Agreement in all its dimensions, become applicable after the entry into force of the Withdrawal Agreement, this Protocol shall not apply or shall cease to apply, as the case may be, in whole or in part, from the date of application of such subsequent agreement and in accordance with that agreement.
[ Y ] Art. 16 Annexes 1 - 3
[
W] Protocol relating to the Sovereign Base Areas in Cyprus