The European Union’s chief negotiator for the future relationship with the United Kingdom, Michel Barnier, confirmed to no surprise on Thursday 5 March the existence of respective – for the moment irreconcilable – red lines that could complicate talks on the future relationship between the Twenty-Seven and London.
Speaking at the end of the first round of negotiations, Mr Barnier identified four problem areas where “serious divergences” existed: the guarantee of fair competition (‘level playing field’), criminal and judicial cooperation, fisheries and the general governance framework of the future bilateral association agreement.
While about a hundred people from both sides met in Brussels between 2 and 5 March to begin about ten thematic discussions, the EU negotiator recalled that these negotiations would take place in a “demanding” context, structured around three areas of work: – the implementation of the withdrawal agreement which entered into force on 1 February (the first meeting of the Joint Committee, where the Vice-President of the Commission, Maroš Šefčovič, will sit, will take place on 30 March); – preparation for the scenario of no agreement by the end of 2020; – and the “rebuilding” of an ambitious relationship with London.
But the discussions began with a fragile level of trust. While British negotiator David Frost assured Europeans that London would respect all its “legal commitments” under the withdrawal agreement, and therefore the Irish protocol, some British positions are raising questions, said Mr Barnier.
Consequently, he wondered why the British are prepared to develop a framework for a level playing field in their future trade agreement with the US and not with the EU. The Commission is thus hampered by the fact that, over and above its oral commitments in this area, the United Kingdom does not want to set anything in stone and does not want to “translate appropriate mechanisms into a common agreement to ensure compliance by both sides”. “Why not commit?” asked Mr Barnier.
Another question and source of concern is that the UK authorities have indicated that they will no longer fully apply the European Convention on Human Rights and that they do not want the EU Court of Justice to play its role in interpreting European law. Such a position will result in a reduced level of cooperation in criminal and police matters, the EU negotiator said.
For the EU, this is a red line, because “we are talking here about sometimes very personal data, such as DNA”, Mr Barnier said. He went on to say, “For us, this is crucial. European law can only be interpreted by the Court of Justice”.
On fisheries, London wants to negotiate fish quotas annually when the EU asks for multi-annual agreements. What can be done for “five species of fish”, as with Norway, is “impracticable for 100 species”, the EU negotiator argued.
Finally, on the governance of the future agreement, the United Kingdom wants a series of sectoral agreements “on a case-by-case basis”, while the EU wants a global framework.
Later in the day, the British government confirmed the existence of these four “significant” areas of disagreement, stressing that the discussions were “difficult”.
Optimistic, London nonetheless believes there is scope for convergence on goods, services, transport, energy and access to European programmes, according to a statement.
However, the British Government has made its views clear and has indicated that it does not wish to leave the European Court of Human Rights, to which it will remain committed. But it does not want to reintroduce a new commitment in this area in the future security agreement with the EU, according to British media reports.
The next round of bilateral negotiations will take place in London on 18 March. (Original version in French by Solenn Paulic)