On Tuesday 22 September, EU European Affairs Ministers will take stock of several important issues, including the future relationship between the European Union and the United Kingdom, in the company of Michel Barnier, the EU’s chief negotiator.
The climate has become tense between the two partners with the presentation of a British Internal Market Bill calling into question the agreement on an orderly Brexit and in particular its Northern Ireland protocol.
During the General Affairs Council, “confidence and support for Michel Barnier will be reaffirmed”, said a diplomatic source on Thursday 17 September. The meeting will also serve as a reminder that there are about “three weeks left” to reach agreement on the future relationship. “We’ll see whether it’s possible”, the source said.
The important thing for the EU27 is not to “overreact” to events across the Channel. The diplomat recalled the options on the table: – the option to “refer the UK to the EU Court of Justice” in the event of a UK breach of the withdrawal agreement is “under discussion”; – ”carry on negotiations on the future free trade agreement, but not ratify it without the full implementation of the withdrawal agreement”; – end the discussion.
The latter option is not being considered by the EU27 at this stage.
The French Secretary of State for European Affairs, Clément Beaune, said on Monday 21 September that “we must continue to negotiate” and that he “cannot imagine the United Kingdom downgrading its international signature”.
Coordination against Covid-19
Ministers will also be invited to discuss the coordination at European level of national measures against Covid-19 and their effects on the free movement of persons, goods and services.
After Member States’ Ambassadors to the EU (Coreper) adopted a progress report on 18 September (see EUROPE 12563/6), the General Affairs Council will seek to make further progress.
The EU is currently “a big bazaar with a lot of colour coding”, according to one diplomat.
On Friday, Coreper partially agreed on the type of data to be used as a reference for the weekly maps of the European Centre for Disease Prevention and Control (ECDC) and on a rule for reporting measures that have an impact on neighbouring countries of at least 24 hours. Questions remain open, such as the harmonisation of measures to be activated in the event of the return of risk areas.
Parliament adopted its own resolution on the subject on 17 September (see EUROPE 12562/16).
Rule of law. The so-called ‘Article 7’ procedures on respect for the rule of law vis-à-vis Hungary and Poland will also be on the agenda of the ministerial meeting on Tuesday.
Pending a possible new hearing of the two countries by the Council in December, the Commission will take stock of the situation and the various procedures initiated. On Poland, Commission Vice-President Vera Jourova painted a rather negative picture last week in front of MEPs (see EUROPE 12560/5).
Ministers are faced with a dilemma here: Article 7 of the Treaty is not the most effective, because of the rapid recourse to unanimity, but it does allow political “pressure” to be maintained on the reforms undertaken, according to one diplomat.
“This is not about stopping the Article 7 proceedings”, which, because of their length and procedure, “are not enough”, Mr Beaune said. Hence, in his view, the importance of complementing them with a mechanism making the granting of the post-2020 EU budget conditional on respect for the rule of law (see below).
The Commission will present at the end of this month a first report on the respect of the rule of law in all Member States, the first exercise of a cross-cutting mechanism. Parliament’s committee responsible adopted its position on the matter on Monday (see EUROPE 12563/4).
Extraordinary European Summit. Ministers will prepare the discussions on the situation in the Eastern Mediterranean and Belarus (see other news) to be held at the extraordinary European summit in Brussels on Thursday 24 and Friday 25 September.
“We are not looking for escalation or sanctions”, but the position of France, joined by many Member States, is a “firm line” in the eastern Mediterranean in the face of unilateral actions and provocations by Turkey, Mr Beaune stated. He recognised a Turkish “gesture of appeasement” towards Greece, even though Turkish ships remain in Cypriot territorial waters.
As regards the internal market and EU industrial policy, the EU27 should also support the deepening of the single market in services, the revision of competition rules, in particular to take account of the systemic role of digital platforms, and protection against unfair commercial practices within the Union.
See the draft summit conclusions dated 14 September: https://bit.ly/3knMbsH
2021-2027 MFF. On Tuesday, ministers will take stock of the inter-institutional negotiations on the 2021-2027 Multiannual Financial Framework (MFF), following discussions on Monday between German Chancellor Angela Merkel and the Presidents of the European Commission, Ursula von der Leyen, and the European Parliament, David Sassoli.
Mr Beaune considered it “realistic” that a mechanism making aid from the European Union budget conditional on respect for the rule of law by beneficiary countries could be in place by the end of 2020, with the Commission due to make concrete proposals “in a few days”. France advocates the widest possible scope for this mechanism, which must first be agreed by a qualified majority of Member States before the Council negotiates with the European Parliament.
On Friday, the negotiators of the institutional trio made progress on the issue of own resources for the EU budget (see EUROPE 12563/5). A new trilogue trading session is scheduled for 28 September. (Original version in French by Solenn Paulic, Mathieu Bion)