A decisive round for David Davis. A "new dynamic" for Michel Barnier – but one that still needs to provide results. It is a slightly different take that the chief negotiators from London and the European Union had, on Thursday 28 September, on the latest round of negotiations on the UK leaving the EU.
Very optimistic, the UK's David Davis described this latest round of talks as "crucial". This is the penultimate round of talks before the European summit on 19-20 October. Davis hailed the progress made both on citizens' rights and their application in a manner consistent with EU law, and on his country's financial commitments and the two-year transition period requested by British Prime Minister Theresa May in Florence on Friday 22 September (see EUROPE 11868). On the latter point, David said he was confident an agreement would be found quickly and that Barnier's mandate could then be amended for discussions to begin.
Speaking alongside Davis, Barnier acknowledged a "new dynamic" after May's speech in Florence. "We felt it" in the discussions, Barnier said, adding that "we have worked well". Clarity was brought to certain points but there will need to be "more work on other points and we are not yet there", he nevertheless was quick to state.
In Barnier's view, one of the positive points is that on citizens' rights, the UK has confirmed direct effect of the EU withdrawal agreement. And as Davis said, this withdrawal agreement will pick up the principles set out on this by the European Court of Justice (CJEU).
But the parties remain divided on the role of the CJEU which should, according the EU-27, remain totally intact even after Brexit in order to be able to defend European rights after 29 March 2019. The British, however, do not want to hear this. "It's a stumbling block", Barner admitted.
There is also a gap on the position regarding family reunification, as well as on the export of social services. Simplified procedures are needed but Davis has announced "a streamlined system", Barnier stated.
On the financial question, Barnier welcomed the fact that May's government has guaranteed member states that they will not pay a eurocent more or receive less because of Brexit. Davis reiterated this promise and provided a "useful" technical discussion on this issue, even if it was not possible to identify clearly yet the commitments taken, he added. Barnier also said it was not enough for May's offer only to focus on 2019 and 2020. But for the EU, the only thing that counts is 28 member states honouring the commitments taken by 28 member states.
Weeks or even months before noting sufficient progress
Overall, Barnier made a fairly positive assessment of this new session, clearly insisting that London could not obtain this discussion on the transition period until an agreement was found on the three "essential principles" of the UK's withdrawal (citizens' rights, budget balance, Irish question).
In Barnier's view, "weeks or even months" might be needed before the famous sufficient progress is noted allowing the next phase of the discussion to begin on the future relationship. Barnier also swept aside any possible link between settling the financial question and opening trade talks, as Davis had set out on Monday 25 September when starting the negotiations (see EUROPE 11868). "For us, there is no logical link" between the two subjects, Barnier stated.
The next round of negotiations will be held on 9 October. In the meantime, the EU28 will meet again in Tallinn on 28-29 September, whilst the European Parliament will have adopted a specific resolution – the draft of which, published on Thursday, stipulates that the progress made is not enough to recommend the European Council to move on to the second phase of talks. (Original version in French by Solenn Paulic)