The EU's negotiator on the future relationship with the United Kingdom, Michel Barnier, described the results of the latest round of talks with London, held by videoconference between 20 and 24 April, as "disappointing".
Indeed, the negotiator repeatedly stated that no progress had been made in key areas and that the United Kingdom had essentially "refused to engage seriously" on the most complex negotiating issues, such as fisheries, a level playing field or the overall governance of the agreement. A poor result confirmed by London subsequently, with the UK government referring to "limited progress in narrowing the differences between us and the EU".
Recalling that the UK has decided, for the time being, not to extend the post-Brexit transition period which ends on 31 December 2020, the EU negotiator therefore first highlighted the context: "There are only 8 months left" to carry out a whole series of tasks which, in addition to the negotiation of the economic partnership, also include the proper implementation of the Withdrawal Agreement and its protocol on Northern Ireland and the preparation for the "negative economic consequences" which will inevitably arise, whether or not agreement is reached.
Mr Barnier therefore fails to understand how the United Kingdom "is refusing to extend the transition period while at the same time slowing down discussions in important areas".
"Tangible progress must be made by June," especially in the next round of 11 May, the negotiator said, with June being the deadline for requesting an extension of the transition.
Without replacing the quality of physical exchanges, the videoconference negotiation (40 meetings over the week) went well, according to Mr Barnier. The British government also spoke of "constructive" talks.
But the two sides have not overcome their differences. Michel Barnier cited 4 major obstacles, including fisheries, an area for which London has not yet provided any negotiating documents, but also "equal conditions of competition".
On fisheries, Michel Barnier pointed out that, without agreement on a "sustainable, balanced and long-term" arrangement on mutual access to waters, "there will be no agreement on the trade partnership". However, on fisheries, the political declaration states that an agreement must be reached by 1 July.
"The EU's mandate appears to require us to accept a continuance of the current quotas agreed under the Common Fisheries Policy. We will only be able to make progress here on the basis of the reality that the UK will have the right to control access to its waters at the end of this year", was the reply from London.
On fair competition, at this stage, dialogue also seems impossible. "Our free trade agreement, with zero tariffs, zero quotas on all products, would mean unprecedented access for the UK as a third country" to the single market.
The EU must therefore also enforce "high social and environmental standards" and "prevent unfair trade distortions and unjustified competitive advantages, for instance on state aid". However, "the UK this week failed to engage substantially on these topics", said Michel Barnier.
London also rejects the "basic premise that economic interconnectedness and geographic proximity require robust guarantees".
On this point, London also has its version: "the detail of the EU’s offer on goods trade" "falls well short" of other international free trade agreements. And "we will not make progress on the so called ‘level playing field’ and the governance provisions until the EU drops its insistence on imposing conditions on the UK which are not found in the EU’s other trade agreements".
Another key issue is the overall governance of the partnership, with the EU having proposed that everything should be dealt with in a single agreement, whereas London wants sector-by-sector agreements, each with its own governance arrangements. The common framework implies recognising (e.g. for police and judicial cooperation) the European Convention on Human Rights or the European Court of Justice, relevant, for example, "for the exchange of personal data", which London refuses.
Michel Barnier nevertheless felt that it was still possible to overcome these difficulties during the next two cycles in May and June, which will have to be used "to make real progress". (Original version in French by Solenn Paulic)