Since provisional application is now discussed as a solution to the ratification problem of #Brexit FTA talks (which are ongoing), it is important to understand the political stakes behind it. The crux of the matter is that TFEU Art. 215 (5) allows for provisional application. https://twitter.com/tconnellyRTE/status/1338427056405811205

This tool is often used for EU international agreements when (lengthy) national ratification is necessary. It's the case for EU Association Agreements or any other mixed agreement. Provisional application then allows for parts of the agreement to apply before final ratification.

While it is true that the treaty reserves the decision over provisional application for the Council of the EU (the member state governments), it has been a long-established inter-institutional practice that this only happens after the EP has voted on the agreement.

The approach discussed here would violate that practice, & alienate the EP vs. the Council of the EU. This is relevant as the smooth functioning of most EU business (including lawmaking) relies on informal arrangements between the different institutions, not just the treaties.

Which means that if UK & the Commission reach an agreement in next days/week(s), the Council has to consider what is more important: inter-institutional peace (with EP & possibly national parliaments), OR getting the agreement with the UK done in time.

This occurs in a complex setting where Council-EP ties have been somewhat strained since the 2019 #spitzenkandidaten problem, & trust in the UK government's best intentions over Brexit is at an all-time low.

So, returning to the original thread, if a decision on provisional application is taken, then https://twitter.com/tconnellyRTE/status/1338427057710260226

I should have also mentioned the Commission in this. It also plays an important role in the choice to continue talks. Therefore Commission-EP ties could similarly be affected.