Over four days, the EU and London were able to identify the areas in which it will be possible to make progress relatively quickly and reach agreements, but their respective positions have not changed on the main subjects of disagreement, such as citizens' rights and the role of the Court of Justice of the EU.
These are the conclusions announced in Brussels on Thursday 20 June by the negotiators of the EU and of the British government for Brexit, Michel Barnier and Minister David Davis, at a joint press conference.
Barnier said that the aim was to start work on the substance and to continue to build mutual trust. Identifying areas of agreement has been possible where we have received a clear British position, he added.
Davis, who travelled to Brussels to launch the second round of negotiations on the morning of Monday 17 July and returned on Wednesday evening to take stock of the talks, said that discussions had been constructive. He even said that he was entirely optimistic as to the outcome of the negotiations.
He said that he was encouraged by progress on citizens' rights, the financial aspects, the work of subgroups on other issues in the divorce as well as dialogue on Ireland. Even so, despite enthusiasm that contrasted with Barnier's neutrality, Davis called on the EU several times during the press conference to show more flexibility, as this will be necessary in the future. The two negotiators also warned that there would not necessarily be a giant involved in each round of talks.
On substance, starting with citizens' rights, Barnier explained that there was still a fundamental difference of opinion over how these citizens and future members of their family should be guaranteed these rights. Exporting certain social rights is also a problem. But it is mainly over how to enforce these rights that the two sides disagree.
For the EU, it is not a choice but a legal obligation to call on the Court of Justice to clarify European law when that is applied. A source explained that this, furthermore, is one of the lessons learnt when the court, whose jurisdiction covers the countries of the European Economic Area, was created.
In the next round of negotiations, London will be invited to explain its refusal to allow the court to intervene in the application of these rights, Barnier said.
As for the financial settlement, the United Kingdom in a letter to the British Parliament last week recognised the existence of obligations towards the EU beyond the date of withdrawal, just as we have also recognised such obligations towards the UK, Barnier explained. But here again, whilst the European side has detailed the list of specific commitments it wishes to see included in the financial agreement during this round of negotiations and had to answer many questions from the British side about this, according to one source, London did not clarify what it intends to include on the list. The meeting on the financial aspects was, moreover, over fairly quickly, the source added.
Barnier argues that a clarification of the British position is vital in order to come to any agreement on the financial side of things, which is inseparable from the rest. On Thursday, Davis confirmed that his country had recognised the existence of these obligations, but declined to be drawn on how London intended to honour them.
On the question of Ireland, which is the subject of political dialogue, London expressed its hopes that the provisions of the Common Travel Area (CTA) could stay in place, but the United Kingdom will again be asked to detail its position on this. We need a better understanding of how the UK plans to continue this cooperation between Northern Ireland and the Republic, the French official said.
Other subjects were discussed this week, such as the withdrawal of the UK from Euratom. Again, the British have yet to come forward with the rules they plan to set in place on their side to ensure this withdrawal. The two sides also discussed Europeans present in the United Kingdom with a criminal record and how some of them may be allowed to stay where they are after Brexit.
In any event, it is difficult to say whether the timetable sought by the European side, which provides for a move to the second phase of negotiations on the future relationship this autumn, will be respected. According to one source, if the work makes good progress, one or two negotiating sessions could be added between now and October.
However, it is already certain, according to a source, that London's agreement to the financial settlement will not be forthcoming in the course of the rounds of negotiation. Instead, it is expected to be global and may not be reached until the end of the talks on the first phase, without being dissected during every round of talks.
On Thursday afternoon, the two negotiators were to meet for lunch at the UK's embassy to the EU. The European side will then hold its own technical meetings on these negotiations. The next round with London will be held on 28 August. (Original version in French by Solenn Paulic)