The President of the European Commission, Jean-Claude Juncker, and the President of the European Council, Donald Tusk, made a final gesture on Monday 14 January towards the British leader, Theresa May, who will attempt on the evening of 15 January to have the British Parliament adopt the agreement on all negotiations on the orderly exit of the United Kingdom, approved on 25 November with the 27 Member States (see EUROPE 12145).
In a joint letter, the two heads of the European executive branch agreed to give new assurances on the purpose and duration of the safety net for Ireland and Northern Ireland and on the speed with which the Twenty-seven will be ready to start negotiations for a future free trade agreement, the finalisation of which must prevent the application of this Irish security solution (maintaining the whole United Kingdom in a customs union and rules more aligned with the EU in Northern Ireland or extending the transition period).
While the two presidents offer nothing new and repeatedly remind us that it is impossible to renegotiate the agreement, they are trying to confirm their intentions, which were already sealed in the conclusions of the European Council of 13 and 14 December and which the two men are incorporating in this new letter (see EUROPE 12159). Conclusions that have “legal value”, explained Commission spokesman Margaritis Schinas on Monday, 14 January in response to concerns across the Channel about the legal nature of the letter.
The President of the European Council also reiterates directly in his message the legal value of these conclusions, which, as a reminder, already stressed the willingness of Europeans to conclude a free trade agreement by the end of 2020 and to only have to set up a safety net, if necessary, for a temporary period.
In this 5-page letter, the two men first point out that they regret, but respect, the United Kingdom's decision to leave the EU. Returning to the negotiation as it was validated in November, they recalled that this solution for Ireland will only be temporary and the Commission will do its utmost, its expertise and staff, to make this period as short as possible. The two men also express their willingness to anticipate certain principles of the future trade agreement, should ratification encounter obstacles in either national parliament.
As regards the justification of the safety net for Ireland, they stress that it does not extend the provisions of the 1998 Good Friday Agreement nor does it extend Northern Ireland's regulatory alignment with EU rules beyond what is necessary to avoid a physical border.
This letter followed the one sent earlier to the two men by the British leader herself. Faced with a vote that promises to be very difficult and even negative, according to many observers, Mrs May recalled that the vote “risks” derailing mainly on aspects related to this Irish safety net. In it, she asked for assurances that “exploratory discussions” would begin on this future trade agreement as soon as the withdrawal agreement on leaving the United Kingdom was signed and would cover all relevant aspects, including new technologies and innovation to find intelligent solutions for the border. It was also awaiting confirmation of the binding nature of the political declaration on future relations, which Mr Juncker and Mr Tusk sought to do in their reply.
Mrs May was due to address her Parliament at the end of the day on Monday, but when she visited the country in Stoke-on-Trent, she was already prepared for a rejection of this agreement with the EU. A rejection that would most likely lead to an exit without agreement with major economic disruptions, or even a “non-Brexit”, which would have the effect of perverting British policies and the people’s voice. These are two options that Mrs May does not want, as she remains determined to ensure that the country leaves the EU, as agreed, on 29 March.
More information: http://bit.ly/2VOjkCB (Original version in French by Solenn Paulic)