The United Kingdom cannot, because of its geographical proximity to the EU, benefit from an agreement comparable to the one the EU has negotiated with Canada, and every FTA of any kind contains a 'level playing field' mechanism in itself, adapted on a case-by-case basis.
This was the response of the European Commission and its chief negotiator, Michel Barnier, on Tuesday 18 February to the announcements made the previous evening in Brussels by David Frost, the British negotiator and advisor to Boris Johnson, who reminded his counterparts that Brexit would make no sense if London were to continue to align itself with its partner.
Invited on Monday evening by the Université Libre de Bruxelles to speak on the subject of revolutions in Europe after meetings at the European Commission and the Council of the EU, David Frost said that London did not intend to follow European rules, which would be tantamount to missing the purpose of Brexit and undermining democratic consent to the process. Nor does London intend to accept supervision by the EU Court of Justice on the application of the 'level playing field' principles.
David Frost revealed some elements of the British vision, but next week the government will say how it sees this future relationship. On 25 February, EU European Affairs Ministers will adopt the Commission's negotiating mandate.
In his speech, the Briton tried hard to convince Michel Barnier to "see things differently", while the EU negotiator regularly refers to the essentially negative effects of Brexit. According to David Frost, the United Kingdom, on the contrary, is entering confidently into this new adventure, which has nothing to do with "damage limitation", as the Frenchman puts it.
Building on the tradition of an open UK and confident that the country's attractiveness will remain the same, especially to "scientists and researchers", the negotiator praised the great capacity of economies to adapt quickly and said things would be easier for the UK once it regains sovereignty at the end of 2020, when it is so difficult in the EU "to reverse bad decisions".
On the shape of this future relationship, the British negotiator indicated that London was looking for precisely the type of agreement with Canada, the CETA, or the type of agreement with Japan or South Korea. "We know that there will be obstacles to trade, barriers", the British man acknowledged, the price to be paid, as it were, for being able to diverge from European rules. However, David Frost stressed that the UK had no intention of becoming a "low standards" economy and would seek a relationship, as a sovereign country, "on an equal footing" with the EU.
This Wednesday 19, the national ambassadors in the Committee of Permanent Representatives will again debate the negotiating mandate on their side. A new draft text was circulated on 18 February with minor language changes, but nevertheless insisting on this 'level playing field', with more references in the mandate to the notion of maintaining 'common high standards over time'.
This notion of time is important for Member States, as it allows for the coverage of future changes in European standards and, therefore, adaptations that might be requested in exchange in London. But the text does not mention in black and white a dynamic alignment, this concept, pushed by some countries such as France, being seen as a foil by other partners who do not wish to rob London when negotiations begin. The ambassadors will discuss this in the afternoon.
Gibraltar doesn't want to be held hostage by Brexit
Before David Frost spoke, it was the Deputy Governor and Minister for Europe of Gibraltar, Joseph Garcia, who was in Brussels. Speaking at the European Policy Centre, the head of the 32,000-strong British territory called on the EU and Spain not to take the British territory hostage and to ensure "pragmatic" solutions for fluidity at the land border with Spain that will benefit people on both sides of the rock. The current draft mandate for the future UK/EU relationship does not cover Gibraltar, as Spain, the EU and the UK have agreed to settle the situation in possible separate agreements. (Original version in French by Solenn Paulic)