The divorce between the EU and UK scheduled for 29 March 2019 became a little more concrete on Sunday 25 November in Brussels, at an extraordinary summit at which the 27 Member States gave the green light to the withdrawal agreement reached between European and British negotiators and to the outlines of the EU/Post Brexit United Kingdom relationship (see EUROPE 12137, EUROPE 12143).
Only not to express her sadness, UK leader Theresa May also validated, on Sunday in Brussels, the results of the negotiations on behalf of her government, assuring that this agreement was ‘the best available’ for her country. She rejected speculation of a second referendum, assuring that the agreement was the only one to solidify the result of the June 2016 referendum (see EUROPE 11580).
The British Parliament will be called upon in mid-December before the December European Council, potentially on 11 December, to vote on the two agreed texts.
"Yes, it is a day when we are satisfied with the result achieved", commented European Commission President Jean-Claude Juncker. "But it is a very sad day. Seeing the United Kingdom leave does not give rise to champagne or applause", he added, evoking a feeling of sadness shared by the Twenty-Seven. According to Mr Juncker, this is the "only possible agreement" with London. He hoped that the British Parliament would have "this in mind" when voting on this package.
Attention had focused in recent days on resolving the difficulties raised by Spain around Gibraltar. On Saturday, Madrid was satisfied by obtaining a right of scrutiny over any developments in the post-Brexit relations of the rocky promontory with the European Union.
There was therefore nothing left to negotiate on Sunday. The draft withdrawal agreement, which sets out in particular the rules for citizens' rights, the UK's financial commitments to the EU budget and the issue of the border between Ireland and Northern Ireland, and the political declaration, which outlines the future bilateral economic and strategic relationship, were adopted in thirty minutes.
Red lines to negotiate the future relationship
The Twenty-Seven have attached to both documents another statement in which they stress the red lines that European negotiators will have to follow when negotiating future economic and trade relations that will be the subject of a new mandate earlier this year, according to a European source. They thus insist on their vigilance regarding the rules of competition and the importance of a ‘level playing field’, including environmental standards.
The EU's expectations in the fisheries sector, a ‘high priority’ for France - as a French diplomatic source has said - but also for Spain or the Netherlands, have also been articulated. Although the political declaration on future relations mentions the need to have a sectoral agreement by 1 July 2020, nothing has been settled in practice concerning the access of fishermen from these countries to British territorial waters.
The President of the European Council, Donald Tusk, noted the many challenges that remain before the United Kingdom once again becomes a ‘friendly’ third country cooperating closely with the EU. And not the least: "a difficult ratification process" of the withdrawal agreement. Congratulated on maintaining the unity of the Twenty-Seven, the EU's Chief Negotiator, Michel Barnier, whose task is coming to an end, expressed his wish that the United Kingdom remain an "ally, friend and partner" country.
Vigilance on the part of the Twenty-Seven
EU leaders avoided talking about 'plan B' in case the withdrawal agreement was rejected, repeating in unison that this agreement was the only one possible.
Irish Prime Minister Leo Varadkar, whose agreement best preserves the specific features of the island of Ireland and the Good Friday Agreement, said Ms May's chances of getting the agreement through "increased". Otherwise, it is the ‘hard Brexit’. And even among Ms May's critics, no other alternative scenario has a sufficient majority.
Pedro Sánchez, the Spanish Prime Minister, expressed his satisfaction after threatening to veto the process for some time. "With Brexit, we all lose, especially the United Kingdom. But on Gibraltar, Spain wins", he said. "We are in a situation of strength like we have never been before", he said. While Spanish diplomats in Madrid hold the key to future relations between Gibraltar and the EU, some doubts remain as to the legal value of the interpretation of Article 184 of the withdrawal agreement.
German Chancellor Angela Merkel expressed her "mixed feelings". Nevertheless, "we have succeeded in achieving a diplomatic masterpiece in a very difficult and unprecedented context" by drafting "a contract that respects mutual interests", she noted. And to refuse to consider the possibility of a rejection of the agreement in the British Parliament.
For French President Emmanuel Macron, this "summit of unity, dignity and gravity" has resulted in "a good agreement, which preserves our interests, our values and bodes well for a close relationship" between the EU and the United Kingdom. But it will also be necessary to ‘learn the lessons’ for the EU from this process, which has shown that ‘the EU is fragile, not a given’. According to him, it is now necessary to ‘rebuild’ the Union so that it can better respond to the aspirations of the peoples. “And if the British Parliament fails, it will be up to the United Kingdom to propose alternatives”, Mr Macron said.
In the European Parliament, several political groups including the EPP, S&D and Greens/EFA have made it clear that the institution will not challenge the agreement. President Tajani said that Parliament would probably vote in January or February. (Original version in French by Solenn Paulic and editorial board)