The portion on the Ireland and Northern Ireland deal of the
final joint report of the EU-UK Brexit negotiators on the 1st phase of negotiations contains 15 paragraphs.
As I understand it…. Ms Foster/DUP had on Monday objected to the phrase “regulatory alignment” in para 8. It was amended to read “full alignment”. Para 9 – the concession secured by DUP – is new.
These two paras of the final Ireland-NI deal in the 1st phase read:
Para 8: “The United Kingdom remains committed to protecting North-South cooperation and to its guarantee of avoiding a hard border. Any future arrangements must be compatible with these overarching requirements. The United Kingdom's intention is to achieve these objectives through the overall EU-UK relationship. Should this not be possible, the United Kingdom will propose specific solutions to address the unique circumstances of the island of Ireland. In the absence of agreed solutions, the United Kingdom will maintain
full alignment with those rules of the Internal Market and the Customs Union which, now or in the future, support North-South cooperation, the allisland economy and the protection of the 1998 Agreement.
Para 9: “In the absence of agreed solutions, as set out in the previous paragraph,
the United Kingdom will ensure that no new regulatory barriers develop between Northern Ireland and the rest of the United Kingdom, unless, consistent with the 1998 Agreement, the Northern Ireland Executive and Assembly agree that distinct arrangements are appropriate for Northern Ireland. In all circumstances, the United Kingdom will continue to ensure the same unfettered access for Northern Ireland's businesses to the whole of the United Kingdom internal market.”
I guess some regard the addition of Para 9 & the move to close the loophole that "regulatory alignment" left -- by pinning down all parties to "full alignment" -- as not making another agreement.
Link to full joint report by the EU-UK negotiators:
http://www.independent.co.uk/news/uk/politics/brexit-latest-eu-divorce-deal-irish-border-joint-report-full-text-theresa-may-dup-david-davis-jean-a8098756.html