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Europe Daily Bulletin No. 12157
INSTITUTIONAL / United kingdom

Twenty-Seven agree to clarify agreement on an ordered Brexit, but refuse to renegotiate it

European leaders refuse to reopen the agreement on an orderly exit of the United Kingdom from the European Union, agreed at the end of November with London (see EUROPE 12145). However, they could agree to clarify some of the modalities, including the backstop to avoid the return of a hard border between Ireland and Northern Ireland if an EU/post-Brexit United Kingdom Free Trade Agreement is not in place by the end of 2020.

"The deal we have reached is the best deal possible it’s the only deal possible. There is no room whatsoever for renegotiation", underlined European Commission President Jean-Claude Juncker on Tuesday 11 December in front of the European Parliament in Strasbourg. And added: "But, of course, there is room enough, if used intelligently, to give further clarifications and further interpretations without reopening the withdrawal agreement."

According to Mr Juncker, the Twenty-Seven and the United Kingdom will have to do everything possible to avoid the introduction of the backstop. "But we have to prepare it, it’s necessary for the coherence of our agreement and for Ireland. Ireland will never be left alone!" he insisted.

On Tuesday evening in Brussels, Mr Juncker met with British Prime Minister Theresa May in the presence of the EU's Chief Negotiator, Michel Barnier. Earlier, May had met with Dutch Prime Minister Mark Rutte and German Chancellor Angela Merkel, who, according to Reuters, told her that renegotiation was impossible, but that certain political guarantees could be provided.

Ms May also met the President of the European Council, Donald Tusk. The day before, the latter had rejected any renegotiation and convened a discussion with the Twenty-Seven on Brexit on Thursday 13 December.

Ms May toured European capitals after postponing the British Parliament's vote on the withdrawal agreement (see EUROPE 12156). This vote, which should have taken place on Tuesday, was lost in advance for Ms May. By saving time, she hopes to convince her European counterparts to make a political gesture that would facilitate the approval, by 21 January at the latest, of the agreement on a ordered Brexit by British MEPs.

Among the ideas circulating is a renewed commitment by the Twenty-Seven to do everything possible to prevent the backstop from materialising, perhaps by setting a time horizon for the early completion of a bilateral free trade agreement. But the EU will refuse to make the backstop temporary and will not allow the United Kingdom to get out of it unilaterally.

On Tuesday, in the European Parliament, scepticism was in evidence about the possibility of renegotiating the agreement on an ordered Brexit.

For Manfred Weber (EPP, Germany), "clarification" on the backstop is possible, not its modification. There is "no question of renegotiating the backstop," said the leader of the ALDE group, Belgian Guy Verhofstadt. But if Ms May is looking for an even closer relationship between the United Kingdom and the EU, there is no problem, he added. The same applies to the Greens/EFA group. The compromise on the table, strongly influenced by the Good Friday agreements, is "almost the only deal possible", said Philippe Lamberts, criticising the untenable promises of some British politicians.

The only good news, in the eyes of Udo Bullmann (S&D, Germany), is the Court's ruling that the United Kingdom can unilaterally revoke its decision to leave the EU (see EUROPE 12156).

On Tuesday, the coordinating MEPs for Brexit met with Mr Barnier. But the European Parliament has removed from the agenda of the plenary session the debate on the British withdrawal scheduled for Wednesday.

Preparing for a no-deal Brexit. Several officials stressed the need to continue to prepare for a Brexit without an agreement by 29 March 2019.

Expressing "great concern" on Tuesday morning in Brussels, French Minister for European Affairs Nathalie Loiseau said that the French National Assembly had authorised the government to act by means of an ordinance to deal with this eventuality.

Three areas are involved: - the protection of the interests (recognition of periods of activity and/or acquired professional qualifications) of French nationals living in the United Kingdom; - entry and residence rights, employment of British nationals residing in France; - the movement of persons and goods in order to ensure the continuity of transport through the Channel Tunnel while controlling the entry of goods from the United Kingdom into French territory. (Original version in French by Mathieu Bion with Lucas Tripoteau)

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