This document has been amended for the Final Version which has been leaked (h/t "Sentinel") and which has been analysed by Professor Steve Peers here (http://eulawanalysis.blogspot.co.uk/2018/01/phase-2-of-brexit-talks-annotation-of.html?m=1)
Paragraphs 9 - 21 deal with "Transitional Arrangements". Paragraph 9 specifically says
the four freedoms of the Single Market are indivisible and there can be no "cherry picking"which would not be the case if we had chosen the European Economic Area route and unilaterally invoked Article 112. Then there are paragraphs 12 - 18 which are so awful that I quote them in full:
12. In line with those guidelines, which further specify and develop the core principles laid out in the European Council guidelines of 29 April 2017, any transitional arrangements provided for in the Withdrawal Agreement should cover the whole of the Union acquis, including Euratom matters. Notwithstanding paragraph 17 of these negotiating directives, the Union acquis should apply to and in the United Kingdom as if it were a Member State. Any changes to the Union acquis should automatically apply to and in the United Kingdom during the transition period. For acts adopted in the Area of Freedom, Security and Justice by which the United Kingdom is bound before its withdrawal, Articles 4a of Protocol (No 21) and 5 of Protocol (No 19) annexed to the Treaties, which allow the United Kingdom not to participate in an act amending a measure by which it is already bound, should continue to apply during the transition period including the possibility for the Union to determine that this non participation would make the relevant measure inoperable and therefore that the measure should cease to apply to the United Kingdom. The United Kingdom should however no longer be allowed to opt-in to measures in this Area other than those amending, replacing or building upon the above mentioned existing acts.
13. During the transition period, Union law covered by these transitional arrangements should deploy in the United Kingdom the same legal effects as those which it deploys within the Member States of the Union. This means, in particular, that the direct effect and primacy of Union law should be preserved.
14. During the transition period, and in line with the European Council guidelines of 29 April 2017, the United Kingdom will remain bound by the obligations stemming from the agreements concluded by the Union, or by Member States acting on its behalf, or by the Union and its Member States acting jointly, while the United Kingdom should however no longer participate in any bodies set up by those agreements.
15. In line with the European Council guidelines of 15 December 2017, any transitional arrangements require the United Kingdom's continued participation in the Customs Union and the Single Market (with all four freedoms) during the transition. The United Kingdom should take all necessary measures to preserve the integrity of the Single Market and of the Customs Union. The United Kingdom should continue to comply with the Union trade policy. It should also in particular ensure that its customs authorities continue to act in accordance with the mission of EU customs authorities including by collecting Common Customs Tariff duties and by performing all checks required under Union law at the border vis-à-vis other third countries. During the transition period, the United Kingdom may not become bound by international agreements entered into in its own capacity in the fields of competence of Union law, unless authorised to do so by the Union.
16. In line with the European Council guidelines of 29 April 2017 and the first set of negotiating directives of 22 May 2017, any time-limited prolongation of the Union acquis requires existing Union regulatory, budgetary, supervisory, judiciary and enforcement instruments and structures to apply, including the competence of the Court of Justice of the European Union.
17. In relation to the application of the Union acquis to the United Kingdom, the Withdrawal Agreement should therefore, during the transitional period, preserve the full competences of the Union institutions (in particular the full jurisdiction of the Court of Justice of the European Union), bodies, offices and agencies in relation to the United Kingdom and to United Kingdom natural or legal persons. In particular, Union institutions, bodies and agencies should conduct all supervision and control proceedings foreseen by Union law. In line with the European Council guidelines of 15 December 2017, the United Kingdom will however no longer participate in or nominate or elect members of the Union institutions, nor participate in the decision-making or the governance of the Union bodies, offices and agencies.
It is hard to state just how dreadful these proposals are. In effect, the Acquis, New laws and Directives, the Customs Union and EU trade policy (meaning the UK cannot conclude any trade agreements in its own right) will continue to apply whilst the United Kingdom will have no representation of any kind whatever (No MEP's, No Commissioner, No participation in any agreements or committees although we could be invited by the commission to various committees as it (the Commission) sees fit but without a say or vote). The United Kingdom will still be subject to the ECJ and European Law will have primacy (over UK Law)18. During the transition period, as a general rule, the UK will not attend meetings of committees referred to in Article 3 (2) of Regulation (EU) No 182/2011 or Commission experts groups and other similar entities of the agencies, offices or bodies where Member States are represented. Exceptionally on a case-by-case basis, the United Kingdom could be invited to attend without voting rights such meetings:– where the discussion concerns individual acts to be addressed to the United Kingdom or to United Kingdom natural or legal persons; or– where the presence of the United Kingdom is necessary from a Union perspective for the effective implementation of the acquis during the transition period.
David Davis (h/t www.eureferendum.com) made a speech in Teeside. Part of it reads as follows:
For such a period to work, both sides must continue to follow the same, stable set of laws and rules.
Without compromising the integrity of the single market, and the customs union to which we will maintain access on current terms.
Maintaining the same regulations across all sectors of the economy — from agriculture to aviation, transport to financial services, as part of a new international treaty.
In keeping with the existing structure of EU rules that will allow a strictly time-limited role for the European Court of Justice during that period.
During this implementation period, people will of course be able to travel between the UK and EU to live and work.
And as agreed in December, we will fulfil the financial commitments we have made during the period of our membership.
With Britain upholding its responsibilities during this period, it follows the European Union will need to respect our rights and our interests too.
And this means we must discuss how regulators and agencies can best provide continuity and clarity for businesses during this period in a way that benefits everyone. (https://www.gov.uk/government/news/david-davis-teesport-speech-implementation-period-a-bridge-to-the-future-partnership-between-the-uk-eu)
So there you have it. We will not have left the European Union at the end of March 2019. We will not have any MEP's, Commissioner or any representation on any committee or any other body and be subject to the ECJ. The United Kingdom will become a Vassal State It seems the Cabinet, of which Mr Davis is a member, will sign up to this disgrace.
Everything has changed; Everything has changed
Brexit does not mean Brexit Mrs May. The United Kingdom will not have left the European Union until at least 31st December 2020 and since Mrs May's 'deep and special' relationship (which she has so far been unable or unwilling to describe) with the European Union will not have been concluded by then (since Free Trade Agreements with other nations have taken the European Union many years to conclude) it may go on longer than that taking us into the next Multi-annual Financial Framework (MFF) period and contributing to EU coffers for another SEVEN years.
We would be a continuing Vassal State for far longer than 21 months.
This is intolerable and the electorate must not accept it.
There are local elections in May. All Leave voters must vote tactically to get rid of their Conservative Councillors or to ensure that the Conservative does not get elected. If the Conservatives are wiped out completely they might, just might listen to the electorate.
The United Kingdom is not leaving the European Union. Mrs May is misleading the people and Brexit does not mean Brexit.