On Monday 19 May in London, the European Union and the United Kingdom opened a new “chapter” in their relations and, five years after Brexit, formalised a new partnership that will strengthen their cooperation on defence, economic security and relations between the citizens of the two parties, including a commitment to work on new arrangements for student mobility through the Erasmus + programme.
The two parties also signed a fisheries agreement, with full mutual access to British and European waters until 2038, in exchange for London’s relaxed sanitary and phytosanitary (SPS) controls on agri-food products exported to the EU.
At their press conference, the President of the European Commission, Ursula von der Leyen, and the President of the European Council, António Costa, stressed to the British Prime Minister, Keir Starmer, the “historic” nature of the day.
These various agreements are more than “just a piece of paper”, as António Costa put it, but confirmation that the two parties are “partners, allies and friends”.
For his part, Keir Starmer welcomed Britain’s return to the world stage and the start of a “new era” that will offer unprecedented access to the European market and a “win-win” relationship.
This new cooperation is set out in three documents: - a joint statement identifying the common global issues ranging from the war in Ukraine to the undermining of the multilateral order; - a ‘Common Understanding’ setting out the agreements reached on fisheries, energy cooperation, youth mobility and a renewed commitment to tackle irregular migration; - a Security and Defence Partnership which will, in principle, enable the UK to join European cooperation programmes such as SAFE. To achieve this, an additional agreement will have to be negotiated as part of this latest Security and Defence Partnership.
Although the official Summit only lasted two and a half hours on Monday, reaching agreement on these three texts was not easy, as both parties finalised their negotiations at the last minute (see EUROPE 13642/5) and a written procedure for approval by the Member States was launched on the morning of 19 May.
The Europeans nevertheless considered the tone of the exchanges to be “constructive” and respectful from the outset, with both parties aware of the need and economic relevance of forging closer ties, a European source summed up.
According to the source, the British government had also shown “good faith”, even though tensions had been reported in recent days.
The Europeans also stress, as Keir Starmer did, that none of the British government’s red lines has been crossed. The UK remains well outside the single market, the customs union and the free movement of people, even though these issues have become a hot topic of debate across the Channel.
But London has also had to accept a number of quid pro quos, such as the role of the EU Court of Justice and the principle of dynamic alignment of legislation, particularly in the areas of energy, fisheries and the easing of restrictions on agri-food exports. It should be noted, however, that London has obtained conditional exemptions from this dynamic alignment.
What do these new agreements actually provide for? Some of them will still have to be formalised in the next few days, or even negotiated in detail.
Fisheries and customs controls. The subject of fisheries was one of the most controversial when Brexit had promised British fishermen that British waters would be reserved exclusively for them. The provisional agreement reached at the time of Brexit provided for reduced access for European fishermen until 2026, with an obligation to renegotiate in 2025 and then every year thereafter. This meant that access for European vessels was no longer guaranteed.
The agreement reached on 18 May now provides for full and reciprocal access to waters until 2038, whereas the British had at one time proposed an extension of just four years, which was deemed totally insufficient by the EU countries concerned. The two parties will have one month to confirm this agreement in a formal document.
More relaxed ‘SPS’ controls. In exchange, the Europeans offered the British the possibility, this time unlimited, of reducing or even exempting from customs controls agri-food products exported to the EU. To this end, the two partners have agreed to work towards an agreement on SPS, which will involve the dynamic adoption of European law by the British.
In order to leave the UK free to take measures to protect its biosecurity and public health, “the SPS Agreement should include a short list of limited exceptions to dynamic alignment”, according to the text of the ‘Common Understanding’. For example, accepting different British rules as long as they are even more ambitious than those of the Union in terms of animal and environmental protection.
The rules laid down for Northern Ireland in the Windsor Framework remain unchanged (see EUROPE 13130/2).
This agreement and the one on fisheries consolidate and develop the Trade and Cooperation Agreement (TCA) reached at the time of Brexit. For Keir Starmer, this means the chance to sell more “good burgers and seafood” from Britain to Europeans.
Defence and security. This is a pressing demand from the UK, which wants to be able to participate in various European defence programmes such as SAFE (see EUROPE 13642/3).
The Security and Defence Partnership, which will enable the two sides to negotiate an additional agreement on SAFE, enshrines new cooperation on cyber threats, information manipulation and maritime security. “All hybrid threats” will be covered. The Partnership also provides for cooperation in peace building and crisis management.
This Partnership will open up the possibility for London to take part in EU defence initiatives and common procurement markets, confirmed another source. For SAFE and the 150 billion loan programme to buy or produce weapons, further negotiations will be necessary to determine which British entities are eligible, and also to decide on the British budget’s contribution to the scheme.
A number of conditions also remain to be agreed, such as the reciprocal opening up of markets and rules on security of supply, a source pointed out.
Formally, the new Partnership also provides for a security dialogue to be held every six months between the two parties, at the level of security and defence ministers and representatives. Thematic dialogues will also be organised.
London coming back to Erasmus? Along with fisheries, this is one of the EU’s main requests. After having rejected a return to the Erasmus + programme, the British government will be negotiating with the EU for new access to this youth programme.
The devil is in the detail, and the two parties still have to agree on the scope of the UK’s participation or contribution. The issue of the level of entry fees for British universities, which are much higher than in the EU, has yet to be resolved, which promises to be a delicate discussion.
Keir Starmer also insisted that this association with Erasmus + and other mobility programmes such as ‘youth experience’ would come with “appropriate limits and visas”, as the British opposition had expressed concern about a return to free movement.
The ‘Common Understanding’ nevertheless remains “significant” and should lead to a “balanced” programme, said a source. It “should facilitate the participation of young people from the European Union and the United Kingdom in various activities, such as work, study, au pair work, volunteering or simply travelling, for a limited period of time. It should provide for a specific visa procedure and ensure that the total number of participants is acceptable to both parties”.
The two parties will also launch a dialogue on professional mobility at a later date.
Energy. With regard to energy, the extension of the chapter contained in the TCA will make it possible to negotiate an agreement to link the United Kingdom to the European energy market with lower prices and faster flows.
“It will be more or less a case of going back to the way things worked pre-Brexit”, said one source.
This new cooperation will also bring predictability and should therefore attract private investment, for example in renewable energy in the North Sea. With regard to the Carbon Border Adjustment Mechanism (CBAM), the European and British systems will also be linked, so that the two blocks will exempt each other from ‘taxes’.
Irregular migration and internal security. The ‘Common Understanding’ also sets out a commitment to greater cooperation in the fight against irregular migration, with new actions against people smugglers and better coordination on the issue of returns.
“We also recognised the need to do more to secure our respective external borders while remaining committed to ensuring international protection for those who need it”.
The respective law enforcement agencies will cooperate more and be able to exchange more information, but no concrete agreement is envisaged at this stage in this area.
This cooperation will also cover the fight against drug trafficking, serious transnational organised crime, terrorism and violent extremism, including online.
The British have also ensured that their nationals can pass through controls quickly when they come to the EU using e-gates. This will be possible when the EU’s Entry/Exit system (currently being finalised in the EU) comes into force (see EUROPE 13643/9).
Link to the documents: https://aeur.eu/f/gw3 (Original version in French by Solenn Paulic)