Commission President Ursula von der Leyen reacted on 7 September to claims in the British press that the British Government is prepared to amend elements of the withdrawal agreement relating to Northern Ireland and reminded London that, “under international law”, the British Government is obliged to respect the agreement signed with Brussels last October.
As a new round of negotiations between the EU and the UK opened on Monday in the British capital, the Financial Times revealed that Boris Johnson’s government will introduce legislation on 9 September to amend aspects of the Northern Ireland Protocol to bring them into line with a ‘no deal’ result for the future relationship.
According to the newspaper, these amendments would, among other things, return to the customs provisions set halfway between UK law (for products remaining on the UK market) and EU law for any goods with the EU as their destination.
“I trust the British Government to implement the withdrawal agreement, an obligation under international law and prerequisite for any future partnership”, the President of the Commission responded on Twitter. “Everything that has been signed must be respected”, EU negotiator Michel Barnier said. “It’s a token of confidence for the future”.
During the day, Prime Minister Boris Johnson’s spokesman, who was also expected to speak publicly about the negotiations, confirmed that the government is considering “reasonable and targeted clarifications” to remove ambiguities in the withdrawal agreement specifically related to a lack of agreement on the future relationship.
However, the country remains “fully committed” to implementing the withdrawal agreement, and the proposed changes will, according to the spokesman quoted by Reuters, only be “limited clarifications”.
Whether or not this is a bluff, the scenario of a failure of the negotiations on the future relationship remains likely, as both parties have stuck to their respective positions in previous rounds and have accused each other of blocking any progress on fisheries or the level playing field.
“The withdrawal agreement has been signed by the government, ratified by the British Parliament and has entered into force... if the United Kingdom decides not to implement it, the tools are there to respond, particularly in the context of dispute settlement”, a diplomat said.
“From the very beginning of the negotiations, the EU has engaged constructively and in good faith with the UK. We are trying to make the most of this week’s round and subsequent rounds”, commented Brexit spokesman Daniel Ferrie, adding that the EU has made “multiple proposals” to move the talks forward.
In his speech ahead of the new round, Boris Johnson in turn gave the EU an ultimatum, asking it to come to an agreement “by 15 October”.
‘No deal’, a “good outcome” despite everything
“The EU has been very clear about the timetable. So am I. An agreement must be reached with our European friends in time for the European Council on 15 October if we want it to enter into force before the end of the year”, said Boris Johnson. “If we can’t agree by then, then I do not see that there will be a free trade agreement between us, and we should both accept that and move on”.
London would then have “a trade agreement with the EU like the one with Australia. I want to be absolutely clear that, as we have said from the outset, this would be a good outcome for the UK”, the Prime Minister said, assuring that his government is still working to reach an agreement with the EU. (Original version in French by Solenn Paulic)