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No decisive progress on key Brexit issues, says EU's chief negotiator No decisive progress on key Brexit issues, says EU's chief negotiator
(about 2 hours later)
Europe’s chief Brexit negotiator, Michel Barnier, has said there has been “no decisive progress” on key issues in talks with the UK, putting him at odds with Britain’s Brexit secretary, David Davis. The EU’s chief Brexit negotiator, Michel Barnier, has said there has been “no decisive progress” on key issues in talks with the UK, as the two sides hit deadlock over the divorce bill.
In a tense press conference after the third round of exit talks in Brussels, Barnier was scathing about the UK’s approach to the financial settlement, jurisdiction over citizens’ rights and access to the single market. In a tense press conference after the third round of exit talks in Brussels, Barnier was scathing about the UK’s approach to the financial settlement, citizens’ rights and hopes for future access to the single market.
Trust between the two sides was still lacking on the “divorce bill” and on the future of citizens, he said. Trust between the two sides was still lacking on the divorce bill and on the future of citizens, he said. “How can we build trust and start discussing the future relationship? We have to address these things together seriously.”
“How can we build trust and start discussing the future relationship? We have to address these things together seriously,” said Barnier.
He also gave a stark warning that the single market would not be undermined by Brexit, saying it was impossible for an individual country to shape the market’s regulations from the outside.He also gave a stark warning that the single market would not be undermined by Brexit, saying it was impossible for an individual country to shape the market’s regulations from the outside.
“The UK wants to take back control, wants to adopt its own standards and regulations – but it also wants to have these standards recognised automatically in the EU,” he said. “That is what UK papers ask for. This is simply impossible. You cannot be outside the single market and shape its legal order.” Britain’s Brexit secretary, David Davis, said there had been some “concrete progress” in the talks. “I mean, Michel referred to one, but I think there’s been more than that,” he said.
Davis said there had been some “concrete progress” in the talks. “I mean, Michel referred to one, but I think there’s been more than that,” he said. Davis vented frustration at the EU’s stance on financial matters and its refusal to allow further discussions on the future relationship between the two sides. “It’s fair to say across the piece we have a very different legal stance,” he said. “I think we have succeeded in building mutual understanding, but it is also clear that there are still significant differences to be bridged.”
However, Davis expressed frustration at the EU’s stance on financial matters and its refusal to allow further discussions on the future relationship between the two sides. “It’s fair to say across the piece we have a very different legal stance,” he said.
“I think we have succeeded in building mutual understanding, but it is also clear that there are still significant differences to be bridged.”
Somewhere between zero and €100bn (£84bn) is probably the only accurate answer at the moment. The former is what some British ministers still argue for, drawing succour from an influential House of Lords report that suggests any liability arising on leaving the EU is not legally enforceable because the UK will have left.Somewhere between zero and €100bn (£84bn) is probably the only accurate answer at the moment. The former is what some British ministers still argue for, drawing succour from an influential House of Lords report that suggests any liability arising on leaving the EU is not legally enforceable because the UK will have left.
This so-called golf club argument is vigorously contested by most other EU governments, who insist all financial obligations must be met before they will agree to any future trade deal. The figure of €100bn is the latest in a series of back-of-the-envelope estimates by journalists and thinktanks who have attempted to tot up those obligations. Previously the consensus among the same experts was €60bn.This so-called golf club argument is vigorously contested by most other EU governments, who insist all financial obligations must be met before they will agree to any future trade deal. The figure of €100bn is the latest in a series of back-of-the-envelope estimates by journalists and thinktanks who have attempted to tot up those obligations. Previously the consensus among the same experts was €60bn.
Barnier denied he was angry, saying he had “the calm of a mountaineer”, but repeated several times in the short press conference that he was deeply concerned about the lack of time remaining. At the conclusion of the four-day talks that ended in a stalemate over money, the tension was palpable. In a thinly veiled message to the British government, Barnier said anyone who thought they could divide the EU on Brexit was “wasting their time”.
“Time is passing quickly and it was short to begin with,” he said. “The fundamental question [to which] we must find an answer is this: will we have an organised and orderly withdrawal, or will the UK be exiting without agreement, with all the consequences we have already explained?” A few minutes later Davis shook his head as Barnier said Home Office mistakes in sending out deportation letters showed why the European court of justice had to guarantee the rights of 3.5 million EU citizens in the UK.
Davis said the EU delegation was prepared to “step up and intensify the rhythm of the negotiations”, though he dismissed suggestions that talks could become more frequent. Both threw back the other side’s slogans in an effort to gain the upper hand. Davis repeated his call for the EU to be “flexible and imaginative” in solving Brexit problems – a phrase from the EU’s Brexit guidelines. Barnier retorted that “Brexit means Brexit”, when he set out why the UK’s decision to leave the single market would have consequences.
Tensions between the teams were high during the final hours of the negotiations as the EU accused Britain of failing to negotiate seriously over its financial obligation, while UK negotiators said some demands for money had no legal basis. He said some of the recent British proposals showed “a sort of nostalgia in the form of specific requests which would amount to continuing to enjoy the benefits of the single market and EU membership without actually being part of it”.
Barnier said: “The current state of progress means we are quite far from being able to say sufficient progress has taken place, not far enough for me to be able to say to the European council that we can start to discuss the future relationship.” “The UK wants to take back control, wants to adopt its own standards and regulations, but it also wants to have these standards recognised automatically in the EU. This is simply impossible. You cannot be outside the single market and shape its legal order,” he said.
The chief negotiator said he never thought it would be easy but that negotiations this week meant it was “clear the UK does not feel legally obligated to honour obligations beyond the Brexit date”. Davis shot back that he “wouldn’t confuse a belief in the free market with nostalgia”, while Barnier looked on impassively.
Davis said the UK had examined the details of the EU’s position on the financial settlement. “We have a duty to our taxpayers to scrutinise it properly,” he said. Barnier, a keen hillwalker, said he had the calm of a mountaineer. “I often hear that I am frustrated and angry. I have never shown frustration, I have shown impatience, I have never shown anger, I have shown determination.”
However, he said, the UK response would be the same as laid out in the article 50 letter, meeting financial obligations “in accordance with the law and in the spirit of our continuing partnership”. Behind the scenes, negotiators made limited progress on some technical areas on citizens’ rights and the Irish border, but neither budged on the big sticking point of money.
Britain is fighting EU claims that it should continue making payments into the EU budget until 2021, almost two years after Brexit day, in line with an agreement made by the former prime minister David Cameron.
Davis said Britain met its obligations but “those obligations have got to be well specified, they’ve got to be real”. However, he conceded that the UK also had “moral obligations” as well as legal ones, without adding further details. The UK has argued that many of the EU’s demands have no legal basis, without setting out what they think they are liable for.
Barnier said the EU delegation was prepared to “step up and intensify the rhythm of the negotiations”, though he dismissed suggestions that talks could become more frequent.
He was clear that the standoff over money diminished that chances that he would recommend to EU leaders that Britain be allowed to move on to trade talks. “The current state of progress means we are quite far from being able to say sufficient progress has taken place – not far enough for me to be able to say to the European council that we can start to discuss the future relationship.”
He has the backing of senior MEPs in the European parliament, who have threatened to veto any Brexit deal without a good offer to secure citizens’ rights.
Elmar Brok, one of the European parliament’s Brexit leads, accused the British government of treating the talks as a political popularity contest before the Tory party conference.
“The process of the British negotiation delegation begins to become intolerable. These negotiations should not be misused as a party congress,” said Brok, who is Brexit spokesman for the largest centre-right group in the European parliament.
Davis said there was an imperative to begin talks on the future relationship. “We can only resolve some of these issues with an eye on how the new partnership between us will work in the future,” he said. “This is not about skipping ahead or trying to reopen previous discussions, it is about pragmatically driving the progress we all want to see.”Davis said there was an imperative to begin talks on the future relationship. “We can only resolve some of these issues with an eye on how the new partnership between us will work in the future,” he said. “This is not about skipping ahead or trying to reopen previous discussions, it is about pragmatically driving the progress we all want to see.”
Barnier said there was still a clear lack of trust between the two sides on key issues including the financial settlement and EU citizens’ rights. He cited the Home Office error where 100 EU citizens were sent letters mistakenly informing them they were liable for deportation. Davis said the UK had examined the details of the EU’s position on the financial settlement. “We have a duty to our taxpayers to scrutinise it properly,” he said.
Barnier said mistakes such as that undermined the negotiations. “This is not the first time something like this has happened,” he said, suggesting it underlined the need for EU citizens’ rights to be under the jurisdiction of the European court of justice – “a point we disagree on today”. However, he said, the UK response would be the same as laid out when it triggered article 50 to start the exit process, namely meeting financial obligations “in accordance with the law and in the spirit of our continuing partnership”.
There was some progress on Ireland, with Davis saying there had been a good discussion on maintaining the open border zone between the Republic and Northern Ireland.
A senior EU official said there had been “reassuring messages” on border controls, but made it clear there was a wide gulf on many other Irish issues.
Informed sources say Ireland has insisted it will “not be used as a test bed or a petri dish” for Britain’s future negotiations on its final trading relationship with the UK. Under British proposals, a frictionless border could be achieved if small businesses were exempt from customs controls that would apply if the UK mirrored the EU regime of veterinary and other trading standard checks.
The UK government has suggested larger companies would have pre-approved “truster trader status”, avoiding the need for checks as their freight passes in or out of Northern Ireland. EU officials dismissed this as a non-starter, saying such a concept was predicated on the EU suspending the application of its own laws, which it did not consider “a sound basis” for progress on the border issue.
The Brussels talks coincided with a visit by Britain’s chancellor, Philip Hammond, to Ireland. The Irish foreign minister, Simon Coveney, urged Hammond to “listen to those who stand to be most negatively impacted by Brexit across these islands”.
There was an extra frisson to the Brussels press conference as it began minutes after Tony Blair, a leading opponent to Brexit, met the European commission president, Jean-Claude Juncker, in another room in the same building.
An EU spokesman had said the two men had “exchanged views on a wide number of issues of European and international interest”. The commission had previously said there was “no conspiracy” about the timing of the visit.
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