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Europe Daily Bulletin No. 12143
BREXIT / United kingdom

Provisionally approved, declaration outlining EU/UK relations post-Brexit awaits confirmation from European leaders

The President of the European Council, Donald Tusk, sent the 27 Member States the latest draft declaration on the future relationship between the European Union and the United Kingdom on Thursday 22 November. 

A little earlier, he had received the green light from the College of European Commissioners, which met on Thursday as an exception, had noted an agreement between the two parties at technical level. The ambassadors of the Twenty-Seven (Coreper) had also examined the 26-page text, compared to the 7-page text published on 14 November (see EUROPE 12139).

The text will now be examined this Friday by the leaders' advisers ('sherpas') before being definitively endorsed - if the political sequence is successful - on Sunday 25 November at an extraordinary European summit by the Twenty-Seven and the British Prime Minister, Mrs Theresa May. 

The latter was in Brussels on Wednesday where she met the President of the European Commission, Jean-Claude Juncker, in order to settle the remaining outstanding issues. 

Both sides have certainly mentioned good progress made, with Mrs May even considering on Thursday that the texts on the British withdrawal and the declaration on future EU/UK relations are the best possible. 

But negotiations at the political level are not over, with a further meeting between Mrs May and Mr Juncker scheduled for Saturday 24 November. 

Gibraltar. Among the outstanding issues is the question of Gibraltar, which Spain still threatens to block if it is not satisfied with its right of 'veto'. 

Commission spokesman Margaritis Schinas confirmed on Thursday that this point still needed to be finalised, perhaps on Sunday at the summit. 

Mrs May also announced that she had met with the Spanish Prime Minister, Pedro Sánchez. 

A necessary agreement on fisheries mid-2020. The draft political declaration outlines future cooperation between the EU and the United Kingdom on the management of fisheries resources (see other news)

Negotiators have put in writing the need to reach an agreement by 1 July 2020 in order to tie up fishing opportunities on both sides for the first year after the end of the transition period. 

France is one of the countries that would already like more guarantees on these fishing opportunities, but they have not yet been included in the text published on Thursday. 

Mobility of people. The declaration has also been expanded in the area of mobility of people. If it is agreed that the United Kingdom will no longer participate in free movement as it will have to renounce the other freedoms of the internal market, specific arrangements will be possible, based on non-discrimination and reciprocity. 

It has been specified that both parties will not require visas from each other for short stays and may sign agreements for the mobility of students or young researchers. Stays on both sides will also be facilitated if they are based on legitimate reasons. 

Provisions on the coordination of social security systems will also be considered to regulate these movements of persons. 

International family law will also be respected in these cases of mobility, the text says, and mutual cooperation in this area will be developed. 

Fair competition. The draft declaration also specifies that the United Kingdom will have to maintain rules sufficiently close to those of the EU in social, environmental, tax and competition matters in order to ensure a post-Brexit level playing field between European and British companies. 

Both entities plan to maintain a high level of regulatory cooperation, including on health and technical standards. 

The text has also been expanded on the criteria for global cooperation, for example in international forums such as the G7 or G20. Both sides will therefore have to continue to cooperate on climate change, financial stability, the fight against protectionism, public health and consumer rights. 

Economy and services. The text has changed little on the free trade agreement that the United Kingdom will be able to claim with the EU after the post-Brexit transition period. The British should benefit from a duty-free and quota-free provision to sell their goods within the single market. 

For the services sector, the highest degree of liberalisation is targeted, beyond that allowed by the World Trade Organisation (WTO), the text listing all sectors covered such as transport, postal services and telecommunications. 

But London will only benefit from access to the single market in the form of a so-called case-by-case equivalence decision for its financial services. On this issue, the Commission alone will be empowered to recognise the equivalence of British rules with those of the EU. 

Important provisions to Mrs May's credit: London will be able to pursue an independent trade policy and the freedom of movement between the two partners will be achieved. 

These concessions are intended to help Mrs May convince the British Parliament to validate, on Tuesday 11 December, the final drafts of the British withdrawal agreement and declaration on future bilateral relations. 

See the draft political declaration: https://bit.ly/2DE70y8.  (Original version in French by Solenn Paulic with Hermine Donceel)

Contents

BREXIT
EXTERNAL ACTION
SECTORAL POLICIES
INSTITUTIONAL
ECONOMY - FINANCE
EDUCATION
COURT OF JUSTICE OF THE EU
Op-Ed
NEWS BRIEFS