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Europe Daily Bulletin No. 12189
INSTITUTIONAL / United kingdom

Differences persist between EU and London on Irish issue, although further discussions are planned

The European Commission and Theresa May, the British Prime Minister, agreed on Thursday 7 February in Brussels to hold further "discussions" on the political declaration setting out the framework for future relations between the European Union and the United Kingdom. But the EU reiterated its refusal to reopen negotiations on the UK's withdrawal agreement from the European Union and the backstop to avoid the return of a physical border to the island of Ireland (see EUROPE 12188)

The Commission spokesman stressed to the press on Thursday that there was "a process to follow": discussions will continue to try to avoid a no-deal Brexit.

As a result, on Monday 11 February, in Strasbourg, Michel Barnier, the EU's chief negotiator, will meet the British Secretary of State for Exiting the European Union, Stephen Barclay. Then the President of the European Commission, Jean-Claude Juncker, will meet with Mrs May again before the end of February. 

A joint statement by Mrs May and Mr Juncker, published after the meeting, indicated that the conversation was "robust, but constructive". The parties undertake, despite their differences, to discuss whether it is possible to find a solution that would both enjoy the “broadest possible,” support in the British Parliament and “respect the guidelines set by the European Council,”. 

Ms May's task was likely to be difficult, as the Europeans were insistent that the withdrawal agreement, which the EU-27 and the UK government endorsed at the end of November 2018 (see EUROPE 12145), is “not open” to renegotiation. But all want to avoid the dreaded scenario of a no-deal Brexit on 29 March. 

Theresa May argued for a legally binding change to the terms of the Irish 'backstop'. She referred to “various options” for dealing with these concerns in the context of the Withdrawal Agreement, “in accordance with her commitments to [the British] Parliament," the statement declares. 

To which Jean-Claude Juncker replied that “the EU-27 will not reopen the Withdrawal Agreement, which represents a carefully balanced compromise between the European Union and the UK, in which both sides have made significant concessions to arrive at a deal.” 

Ms May feared that with the slow pace of post-Brexit bilateral trade negotiations, the United Kingdom would be trapped by the backstop, under which the entire United Kingdom would remain in a customs union with the EU in order to avoid a hard border on the island of Ireland. That scenario would limit the British autonomy to negotiate trade agreements. 

The only point on which Europeans are prepared to make changes is the Political Declaration accompanying the Withdrawal Agreement. It would be possible to be “more ambitious in terms of content and speed when it comes to the future relationship between the European Union and the UK,” according to Ms May and Mr Juncker. But, Mr Juncker continued, any solution would require the agreement of the 27 Member States and the European Parliament. 

After meeting Mrs Juncker, Theresa May met with the President of the European Council, Donald Tusk. The latter indicated, via Twitter, that discussions would continue, as there is "still no agreement in sight,” 

The open Parliament. Guy Verhofstadt, the European Parliament's coordinator for Brexit, said after his meeting with Mrs May that she had assured him that there would indeed be a 'backstop'. He also considered that solutions to the problems posed by this backstop should be sought in the context of the Political Declaration on future relations. 

The Parliament is also open to the idea of making this political declaration “more binding and precise, in order to explain that it is only an ‘insurance’ policy”. In addition, Mr Verhofstadt welcomed the letter from Jeremy Corbyn, leader of the Labour Party, aimed at finding a solution to Brexit through cooperation between the various British parties. 

For the European Parliament, a no-deal Brexit is not an option and would even be a disaster, warned Verhofstadt and President of the European Parliament Antonio Tajani on Thursday. (Original version in French by Lionel Changeur)

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INSTITUTIONAL
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COURT OF JUSTICE OF THE EU
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