Tag: Brexit

Boris Johnson, Brexit, British Government, Data transfers, Michel Barnier

Brexit No Deal still looks likely

Posted on by BEERG Brexit Blog

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A week or so ago, I came across this tweet from Simon Fraser, whose Twitter profile says: “Managing Partner Flint Global. Vice Chair Chatham House. Was Perm Sec UK Foreign Office & Business Dept & Chief of Staff EU Trade Commissioner.” A person, therefore, of some considerable substance and experience.

A good moment, after downbeat official comment on the latest #Brexit talks, to remind ourselves just how extraordinary a failure of successive governments it will be if UK leaves EU after four and a half years of negotiation with no agreement on the future relationship.

Which prompts the question: was an agreement ever possible? Or was Brexit always framed in such a way that for Brexiteers “no deal” was always the only “true Brexit”?

But before seeking to answer this question, let’s look at where we are now, following another couple of weeks of inconclusive talks between the EU and the UK. To put it as its simplest, the July intensive rounds of talks, triggered by Boris Johnson’s demand to “put a tiger in the tank”, turned out to be little more than dinner in Brussels one week, in London the next.

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Brexit, Data Protection, Data transfers, GDPR

The Schrems II decision and Brexit

Posted on by BEERG Brexit Blog

 

CJEU 2

The Schrems II judgement of the Court of Justice of the European Union (CJEU) makes the transfer of personal data to the US from the EU close to legally impossible. The Court has struck down Privacy Shield as incapable of providing sufficient protection for the personal data of EU citizens transferred to the US and has severely constrained the use of Standard Contractual Clauses (SCCs) as an alternative way of doing so.

The Court’s judgement is rooted in the belief that there is a significant disconnect between the EU’s emphasis on data privacy as a fundamental right, and the US’s stress on the national security imperative for its intelligence agencies to be able to access data transferred to the US. (See here for a useful summary of the background to the case).

The bottom line takeaway from the CJEU’s decision is that, no matter what procedure is used, it is illegal to transfer the personal data of EU citizens to third countries if that data cannot be protected to the standards that the EU demands when it arrives in that country.

The CJEU, in line with the Charter of Fundamental Rights and the wording of the GDPR, has prioritised data privacy over economic considerations. Whether an appropriate balance has been struck is for European politicians to decide.

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Boris Johnson, Brexit, Michel Barnier, Negotiating

“No-deal” becoming a real possibility

Posted on by BEERG Brexit Blog

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?

Posted on by BEERG Brexit Blog

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 →

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

Brexifornia: Checking out but never leaving

Posted on by BEERG Brexit Blog

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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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Brexit, British Government, Michel Barnier, Negotiating

A tale of two speeches by Gove and Frost

Posted on by BEERG Brexit Blog

speeches

The sting was in the tail. It was the last few paragraphs that really told the story. You couldn’t mistake what the story was. And it is still the story today. It is a never-ending story.

British Brexiteers will never rest content until the EU collapses. Which is why an agreement between the EU and the UK is close to impossible. How do you cut a deal with people who believe your very existence is illegitimate and would happily see you implode?

In 2016, some months before the Brexit referendum, Michael Gove then, as now, a UK cabinet minister made a speech  setting out the case for Brexit. The speech was called:  The facts of life say leave, but most people better remember it for one of its key lines “The day after we vote to leave we hold all the cards and we can choose the path we want.”

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Brexit, Michel Barnier, Negotiating, Trade Deals

Sometimes, you just can’t compromise

Posted on by BEERG Brexit Blog
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The hilarious haggling scene from Monty Python’s Life of Brian

One of the most overused and lazy words in the Brexit debate is the word “compromise”.

In how many articles on Brexit will you find some working of the phrase: everyone knows both sides will need to compromise? Why does the EU need to compromise? To get an agreement, will be the answer. But it wasn’t the EU that decided to end the relationship. The UK was the one that walked. And yet the EU is expected to bend its rules, to “compromise” to facilitate the UK?

It is not going to happen.

Picture this. Someone breaks into your house, intent on helping themselves to your goods and valuables. You confront them. Should you “compromise” with them? “Meet them in the middle”? “OK, you can take these two paintings and this watch. Maybe that laptop. That work for you?” I somehow don’t think so. Your sole intent would be to see them out the door as quickly as possible, preferably into the custody of the waiting gendarmes.

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Brexit, British Government, Michel Barnier, Negotiating, Single Market

Fog in the English Channel. Continent Cut Off

Posted on by BEERG Brexit Blog

 This analysis of recent developments was written and posted on Monday, May 18th, 2020

Belgium EU Britain Brexit
EU’s chief Brexit negotiator Michel Barnier (Francois Lenoir, Pool Photo via AP)

“Fog in the English Channel, Continent Cut Off” may or may not be an actual UK newspaper headline, but could easily sum up the remarks of the UK’s Brexit negotiator, David Frost, last Friday after another round of discussions between the EU and the UK.

“We made very little progress towards agreement on the most significant outstanding issues between us,” Frost said, adding it was “…hard to understand why the EU insists on an ideological approach which makes it more difficult to reach a mutually beneficial agreement”. Frost’s comments were repeated on a Sunday TV show by Cabinet Office Minister Michael Gove who said “…there’s a philosophical difference” in the UK-EU negotiations

In reply, the EU’s chief negotiator, Michael Barnier, commented:

“This makes me believe that there is still a real lack of understanding in the United Kingdom about the objective, and sometimes mechanical, consequences of the British choice to leave the Single Market and the Customs Union.”

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Brexit, British Government, Brussels, Conservative Party, Negotiating

Can there be a deal with no transition extension?

Posted on by BEERG Brexit Blog

It is perhaps appropriate that, in these far from normal times, that this BEERG Brexit Briefing is longer and more detailed than normal. The reason relates directly to the complexity of the question which I pose and then attempt to answer as comprehensively as possible: if there is no Brexit transition phase then can there be a deal? 

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Introduction:

There will be no request from the UK to extend transition beyond the end of 2020. Nor will a deal be in place by then on the future relationship between the EU and the UK. On December 31 next, the UK will leave the EU’s single market, customs union, and associated agreements and protocols. It will be a “third country” outside the EU’s legal order. The fallout will not be pleasant. The politics will be ugly.

This is where the logic of Brexit leads and “Hard Brexit” politicians are now dominant in the UK.

Brexiteers believe that the UK, no matter what the circumstances, will always be better off out of the EU than in. For them, quite simply, the EU has nothing to offer the UK. Only this disdain for all things European can explain the failure of the UK to join the EU program scheme to bulk-buy PPE earlier this year  . The “my dog ate the email” excuse (and others) proffered by ministers simply fails to stand up.

December 31 next cannot come quickly enough for Brexiteers, the economic disruption from Covid-19 notwithstanding. They want to be able to wake up on January 1, 2021 and say: “Free at last, free at last, thank God almighty, we’re free at last”.

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Boris Johnson, Brexit, coronavirus, Michel Barnier, Negotiating

Doing #Brexit in the Days of #Covid19.

Posted on by BEERG Brexit Blog

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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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