EU Brexit negotiator Michel Barnier gave a very guarded, if not sceptical, welcome on Friday 8 June to the proposals made the previous day by the UK government to resolve the Irish question. Proposals which, in effect, merely extend the United Kingdom’s belonging to the customs union for a further year in order to avoid a return to a hard border on the island of Ireland.
The “Temporary Customs Agreement” presented by the UK government on 7 June proposes applying European rules on external customs duties across the whole of the United Kingdom and not just Northern Ireland (see EUROPE 12036). On Friday, Barnier expressed the view that, at first sight, the document “raises more questions than it answers” but said it would be examined and discussed. He nonetheless welcomed publication of the proposals.
With the “backstop” – or safety net that the EU proposed in February in a protocol devoted exclusively to Northern Ireland – the only viable solution in his opinion, Barnier immediately highlighted that the UK proposal only covers customs when other issues have to be resolved for Ireland.
What is needed is “a regulatory alignment agreement and that’s missing”. So that everything is clear, Barnier added that the regulatory alignment with customs union and single market rules in various area (such as agricultural, veterinary, etc. controls) could not under any circumstances be extended to the whole of the UK. The EU could not allow the United Kingdom access to the single market without supervision and binding rules.
The UK proposal on Thursday also raises the issue of respect for the integrity of the single market and the customs union, the UK having asked, after then end of 2020, to remain part of current and future free-trade agreements, until such time as a definitive solution can be found. “Will free-trade agreements have to be re-opened? Re-ratified so that the United Kingdom can remain part of our customs territory after the transition?”
Lastly, that the UK government uses the term “temporary solution” does not please Barnier. How, he further wondered, does that square with the need to ensure a solution under all circumstances?
All of these questions will be put to David Davis and his team when they travel to Brussels on Monday 11 June.
Holding on to the benefits of membership without any of the constraints. Barnier reiterated that real progress had to be made before the June summit if the UK wants to secure an agreement on the terms of separation in October. He opined that many of the demands made hitherto by the UK government in a series of documents seemed unrealistic and appeared to show that London wanted to keep the “status quo”, that is to say, “maintaining the benefits of membership” without any of the constraints go with it.
He would, therefore, like to see the UK sometimes sticking more to “its own red lines”, that is, its statements that the country would definitely be leaving the EU, and also the single market and the customs union. A few weeks ago, Commission officials called on the UK government to put an end to its “fantasies” and return to more realistic proposals for a country that had decided to leave the bloc (see EUROPE 12027).
Barnier was speaking on Friday after a further round of negotiations which delivered some progress, though not on some very important points, however: data protection, protection of geographical indications and the pursuit of infringement proceedings opened against the United Kingdom. Alongside the Irish question, the general governance of the withdrawal agreement also remains a crucial issue that remains to be resolved. (Original version in French by Solenn Paulic)