11:32

A leak of the latest draft of the European council conclusions assessing the state of the Brexit negotiations shows only a few small changes after Donald Tusk, the president of the council, persuaded France and Germany to stick with his plan and offer trade talks from December to the UK, should sufficient progress be made by then.

The document to be signed off by EU ministers on the general affairs council tomorrow, ahead of discussion by leaders, now has an extra line insisting on a role for the European court of justice in protecting citizens rights in a withdrawal agreement.

It also insists that sufficient progress must be made in all three opening issues - citizens rights, the irish border, and the financial settlement for trade talks to begin.

The offer of starting internal scoping of an EU vision of a transition period remains.

But Mrs May is set to be disappointed if she is looking for anything more than that. There is insufficient progress on the three opening issues so far, it says.