On Friday 9 February, the negotiator-in-chief of the EU for the Brexit negotiations, Michel Barnier, warned London that the Twenty-Seven may not necessarily agree to the transition period called for by the British government to avoid an excessively sudden change of regime in the United Kingdom after March 2019, if it refuses to apply the conditions called for by the EU.
Armed with the negotiation mandate awarded to him by the Twenty-Seven (see EUROPE 11949), the EU negotiator reported differences of opinion between the two sides on the terms of the transition, stressing that it was not a done deal.
These differences of interpretation emerged over a week of negotiations that took place in Brussels between 6 and 9 February. Amongst other things, they relate to citizens’ rights and London’s compliance with the fundamental freedoms underlying the single market, Barnier explained.
The UK accepts that the principle of the freedom of movement applies to all Europeans until the end of the transition period, even if they settle in the country after the end of March 2019. However, it is refusing to accept that people arriving in the UK during the transition period retain for life the rights set out in the draft withdrawal agreement as approved by the European leaders (see EUROPE 11927).
Right of opposition. Nor does the EU side understand the British request for a veto, or right of opposition, Barnier explained on Friday, applicable to any new European rule entering into force during the transition period and going against particular interests.
Another point of friction is London’s hope of retaining its rights to opt into Community policies in the field of justice and home affairs.
The European side takes the view that London cannot enjoy the same opt-in possibilities during the transition period, as it will be a third country, one source said.
Barnier does not see these difficulties as unsurmountable, but said that he was surprised by the British requests. The UK wants an agreement in March on the post-Brexit transition period, but there are substantial disagreements, he observed.
The UK must logically accept all the rules and obligations of the transition and take the consequences, the former French minister stated. To be quite frank, the transition is not a done deal, he added.
Sanctions. The EU negotiator moreover defended the idea of a sanctions mechanism, should the UK breach the terms of the withdrawal agreement during the post-Brexit transition period. He said that such a system has its place in every international agreement, for instance the one with Switzerland.
Switzerland, for instance, is currently open to the EU triggering a so-called ‘guillotine’ clause against it- which has never been used - if it breaches the bilateral agreements in place with the EU and fails to meet its obligations.
This week of negotiations saw no major progress on the elements of the withdrawal and Barnier agreed that it was a session to get the work relaunched. The British government also cancelled a session to have been held the same day to discuss future relations with the EU, due to a timetable clash.
Ireland. On the other aspects of the withdrawal agreement, Barnier explained that the EU was continuing, with respect to Ireland, to work on the option contained in the provisional agreement, in other words a regulatory alignment for the entire island, automatically tantamount to Northern Ireland staying in the single market and customs union.
The Commission is working on this option for want of any new solutions thought up by the British side, which they are still waiting for, Barnier said. Hence the importance, he stressed, of starting to translate this option of full regulatory alignment legally.
Visibly, relations between the two sides are not the best and the atmosphere a little tense, as this week’s row proved. David Davis, the British minister in charge of Brexit, who was absent on Friday, felt that the EU was showing London bad faith and acting discourteously by referring, in its negotiating position on the post-Brexit transition period, to the possibility of sanctions against the country if it broke the final agreement.
Barnier defended himself against the charge, repeating that the aim of the Twenty-Seven was not to be discourteous or to punish the UK, but simply to build a solid withdrawal agreement.
The date of the next negotiating session was to be set on Friday afternoon by the two sides. (Original version in French by Solenn Paulic)