Either a new dispute resolution mechanism will be required, or the UK could dock into part of the EFTA court to resolve disputes over goods.
May’s appeal next week at Chequers will be founded in grinding detail, not Churchillian rhetoric. Key to agreement will be taking Ministers with her and springing no untoward surprises.
That means making overdue decisions, settling internal disputes, and no more campaigning by the Treasury to undermine Brexit policy.
Since she might not get an acceptable agreement, or indeed any at all, the Government must strain to get Ready for Day One, not Ready for Day 730.
Davis may not have got all he wanted on the backstop. But for the second time in a few months, he has nudged May forwards. It is high time she made the most of him.
And most EU member states haven’t spent nearly enough time really thinking what the future relationship between the UK and EU should look like, either.
There are two options under consideration. One in particular, the partnership model, is unworkable and unacceptable. It should be put out of its misery.
Despite talk of the negotiations getting bogged down, the French president seems to understand that the process is about politics more than legal complexity.
Countries with which we strike future trade deals – the top priority for Party members according to our survey – should be treated more favourably than those with which we don’t.
From its range of tailor-made trade deals to its habit of allowing Member States to break the rules, Brussels is more flexible than Barnier’s rhetoric might suggest.
It’s often suggested that the Remain wing of the Cabinet wouldn’t wear such a choice. I doubt it.
From speaking to civil servants, it seems that – at least until recently – the Cabinet had not properly considered either a preferred end state or indeed transition policy.
For all the talk of an “off the shelf” solution, those available would cross Brexiteer red lines.
Rather than price caps and nationalisations, there is a chance to help consumers with tax cuts and regulatory reform.
The Union has already signed up to an FTA) with Canada. Surely we should be able to agree a similar deal for the UK – if not one substantially deeper.