Clause 77 Withdrawal Agreement

The political declaration is not legally binding. But assuming that the legally binding Withdrawal Agreement, with the exception of the Protocol on Northern Ireland, has not changed anything else (as appears to be the case), Article 184 of that text still obliges both parties to „do their best, in good faith“ to achieve the intentions of the political declaration. This is a clause that has long been a bugbear of the Conservative Brexiteers and if it remains in the Withdrawal Agreement, it will be very difficult for Johnson to ever get out of these obligations on a level playing field. TAKING NOTE of the agreements concluded on 29 November 2018 between the Kingdom of Spain and the United Kingdom on citizens` rights, tobacco and other products, environmental cooperation and cooperation in the fields of police and customs, as well as the Convention of 29 agreement reached on 12 November 2018 on the conclusion of an agreement on taxation and the protection of financial interests, framework agreements concluded before the end of the transitional period, which have not expired or ended on the last day of the transitional period; or the arbitration panel may decide, in agreement with the parties, not to hold a hearing. . . .