Boris Johnson, Brexit, Michel Barnier, Negotiating

“No-deal” becoming a real possibility

Barnier and Frost2

EU/UK Brexit negotiations ended last Thursday, a day earlier than planned, with both sides citing “significant disagreements”. This was the first-time face-to-face negotiations have been held since the outbreak of Covid-19, with discussions over recent months taking place by video link.

EU chief negotiator Michel Barnier said his team had:

“engaged constructively” in a bid to “get negotiations successfully and quickly on a trajectory to reach an agreement.”

“The EU side had listened carefully to UK Prime Minister Boris Johnson’s statements in recent weeks, in particular, his request to reach a political agreement quickly, and his red lines: no role for the European Court of Justice in the UK; no obligation for the UK to continue to be bound by EU law; and an agreement on fisheries that shows Brexit makes a real difference.” Continue reading

Boris Johnson, Brexit, Michel Barnier, Trade Deals

Putting a tiger in the tank of what?

Tiger Tank

On Friday, June 12, Michael Gove, the senior UK cabinet minister in charge of the Brexit process, said on Twitter:

“I just chaired a constructive EU Joint Committee meeting with @MarosSefcovic

I formally confirmed the UK will not extend the transition period & the moment for extension has now passed. On 1 January 2021 we will take back control and regain our political & economic independence.”

Responding on behalf of the EU, Michel Barnier, said: “The EU has always been open to an extension of the transition period. At today’s Joint Committee, we took note of UK’s decision not to extend. We must now make progress on substance. To give every chance to the negotiations, we agreed to intensify talks in the next weeks and months.”

The UK left the EU legally and politically on January 31 last. The UK no longer has any role or involvement in EU governance of decision making. However, until December 31, 2020, the UK is still part of the EU’s custom union and single market, which means that there have been no disruptions to trade flows in either goods or services between the UK and the EU. It was open to the parties to extent this transition arrangement for up to a further two years, but Gove’s June 12th announcement means that this will not now happen. Continue reading

Boris Johnson, Brexit, Data transfers, Michel Barnier, Negotiating, Trade Deals

Brexifornia: Checking out but never leaving

express

Brexit will never be over.

Brexit may be “done”, but there is no end state, no finish line, just a never-ending, groundhog day marathon. This even appears to be the case with (what we thought was) the signed and sealed Withdrawal Agreement (WA), the one Boris Johnson negotiated with the EU late in 2019.

One headline in the British press on Sunday read:

“Boris wants to fix unfair Brexit deal.”

But was not this the “oven ready” deal that Johnson told the UK electorate just needed to be “popped into the microwave”?

One government source told journalists: “Unfortunately we couldn’t fix every defect with the Withdrawal Agreement last autumn … we’ll now have to do our best to fix it but we’re starting with a clear disadvantage.”

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Boris Johnson, Brexit, coronavirus, Michel Barnier, Negotiating

Doing #Brexit in the Days of #Covid19.

raab

Brexit is done. The United Kingdom has left the European Union. And it is always worth repeating that it was the UK’s decision to leave. It wasn’t asked to leave. Much less was it expelled. And, as elsewhere in life, leavers don’t normally get to dictate the terms of their leaving.

Brexit cannot now be cancelled, and the UK no longer has the option of remaining in the EU on current terms and conditions. The UK had no part in the negotiations over the past two weeks on the EU’s latest €500bn Covid-19 package and it will have no part in any future EU discussions on rebuilding Europe’s economies in the years ahead.

All that remains is for the EU and UK to work out the terms of the future relationship between the two. This agreement will not only need to cover the basics of trade in goods and services, but also issues as diverse as data transfers, aviation, road transport, financial services, fisheries, nuclear energy, personal and business travel arrangements, as well as potential UK participation in a wide range of EU scientific and other programs, if it wishes to do so.

While the UK has legally left the EU, the two sides have agreed a “transition year” to run until December 31, 2020. Because of this, there has been, to date, no visible impact of the UK’s exit. For the moment, there are no new custom checks and no new barriers to trade between the two. Travel between the UK and the EU, and vice versa, continues as before and UK citizens can still benefit from EU initiatives, such as the European Health Insurance Card (EIHC).

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Boris Johnson, Brexit, British Government, Single Market

UK’s Brexit mandate is based on 3 fictions

This blogpost was written on Saturday March 7th.

BoJo

The first week of negotiations on the terms of the future relationship between the EU and the UK after the end of 2020 transition year opened this week in Brussels. The previous week both sides published their negotiating mandates. The EU mandate can be found here. The UK´s here.

Leave to one side the technicalities of tariffs, quotas, rules of origin and so on, the small stuff of trade negotiations. “Zoom out” and see the big picture. And the big picture is this: the UK is leaving the EU. The UK decided to leave. It was its decision and its decision alone. It was not pushed out or asked to leave.

All the consequences of Brexit flow from the UK´s decision.

The UK is walking away from the deal it now has, as an EU member, of frictionless trade in goods, liberalised access for the services sector, and full integration into intra-EU data flows covering individuals, businesses, and justice and security matters. The UK government has now accepted that any future deal will be worse than this, will generate border delays and frictions, will curb services access and disrupt data flows.

Business will take a hit, in some cases a very big hit (see below). But, as is it right, the current UK government has privileged sovereignty and law-making autonomy over economic and commercial considerations.

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Boris Johnson, Brexit, British Government, Brussels

#Brexit: Breaking Bad

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Brexit is breaking bad. There are no grounds for thinking that there will be any deal between the EU and the UK concluded before the end of this year. Businesses and individuals would be well advised to prepare for a situation where trade between the UK and the EU is conducted from January 2021 onwards on minimalist World Trade Organization (WTO) terms, with all that will mean for border delays, paperwork and new bureaucracies.

All those other areas of life that are dependent on EU/UK agreements, such as air and road transport, data transfers, business travel, tourism and countless others will be dealt with by stop-gap measures, if at all. Google has already decided to move all its UK users data to the US. The chances of the UK getting an “data adequacy” decision from the EU recedes by the day. Continue reading