Negotiations between the European Commission and the UK government on their future relationship resumed in Brussels on Monday 16 November, but it might already be “too late” for the normal ratification procedure, even if the outcome is positive, a diplomatic source said.
If the agreement falls exclusively under the jurisdiction of the European Parliament, simple ratification will be required. However, if it falls under mixed jurisdiction, national parliaments will have to give their approval. Although the agreement needs to be ready by 1 January 2021, “we already know that not everything will be in place in time”, the source said.
“A decision will then need to be made on how to proceed”, the source added. One of the options remaining is for the agreement to apply for a transitional period if there is a positive outcome to the negotiations. “At the end of the week we’ll see” where the discussions have got to, the source continued, pointing out that this issue will not be on the agenda of the European affairs ministers’ meeting on 17 November.
In the meantime, there was still no guarantee on 16 November that an agreement could be reached. Although British Prime Minister Boris Johnson made it known several times over the weekend that his position had not changed, even after the departure of pro-Brexit adviser Dominic Cummings, other diplomats confirmed that the talks were still stalled on the key issues of fisheries, governance and fair competition.
With regard to this last point, the EU wants the ability to take action against London if, over time, the UK deviates too far from European standards. There is still no agreement on fisheries, and countries such as France argue that no agreement would be almost better for fishermen than a poor agreement.
For its part, the Commission reiterated on Monday that its “priority is the quality of the agreement rather than its timing. And it will be signed, if conditions are right”.
Reuters reported Irish Foreign Minister Simon Coveney as saying that there are still two weeks to reach an agreement. (Original version in French by Solenn Paulic)