After two years, Britain finally produced its white paper on what it wants from a future relationship with the EU. It cost Theresa May a large chunk of her cabinet, and the response from Brussels has been distinctly lukewarm. This is how we got here
Seรกn Clarke
Tuesday 4 September 2018
There are multiple channels in the talks, to settle questions such as what happens to EU citizens already living in Britain, and who will certify British medicines after Brexit. Some are now settled in general, though specifics remain to be ironed out
Channel 1 of 8
Trade ๐
25 members Last update 3 September
On trade, both sides say they want frictionless, tariff-free movement of goods. But the EU is adamant that membership of the single market must mean freedom of movement, and the UK is adamant that no deal can include jurisdiction for the European Court of Justice (ECJ or CJEU) in Britain.
Channel opened 29 March 2017
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The Chequers proposal will create a UK - EU free trade area which establishes a common rule book for industrial goods and agricultural products. ️ ️
Anyone defending the proposal will find it like trying to polish a turd. Luckily, we have some expert turd-polishers in this government.
We will now analyse the #Brexit White Paper w/ Member States & EP, in light of #EUCO guidelines. EU offer = ambitious FTA + effective cooperation on wide range of issues, including a strong security partnership. ️
The EU cannot - and the EU will not - delegate the application of its customs policy and rules, VAT and excise duty collections to a non-member who would not be subject to the EU’s governance structures.
On geographical indications - 3000 geographical indications in the 28 countries of the Union - I expressed again my worry. We must protect the entire stock of geographical indications.
There is another reason why I strongly oppose the Chequers proposal. There are services in every product. In your mobile phone, for example, it is 20 to 40 percent of the total value.
Mr Barnier and I found considerable agreement that Chequers is complete rubbish and we should chuck it and have a Canada-style free trade deal.
Channel 2 of 8
Ireland and Northern Ireland ☘️
12 members Last update 31 August
The EU has always placed Northern Ireland and its relationship with the Irish Republic on the same footing as the other major areas of the talks. The December 2017 deal included a 'backstop' - guaranteeing that there would be no hard border on the island, even at the cost of keeping the whole UK in the customs union. This made the issue a keystone
Channel opened 29 March 2017
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If in London someone assumes that the negotiations will deal with other issues first before moving to the Irish issue, my response would be 'Ireland First'.
I object, in the strongest terms, to people who have limited experience of the Troubles in Northern Ireland throwing threats of violence around as some kind of bargaining chip in the negotiating process.
We agree today that the back stop solution [of NI staying in the customs union] must form part of the legal text of the withdrawal agreement.
We agree on the need to include legal text detailing the back stop solution ... but it remains our intention to achieve a partnership that is so close as to not require specific measures in relation to Northern Ireland. ️ ️
We’ve yet to see anything that remotely approaches a workable UK proposal. If we are not making real and substantial progress by June then we need to seriously question whether we’re going to have a withdrawal agreement at all. ️
Statement by British Govt on #Brexit last night needs and deserves detailed consideration. We look forward to publication of white paper next week so that the EU task force can examine new UK approach. Lots of work ahead. ️
It is urgent to work on the text of an operational backstop. For that, I asked Dominic and his team to provide us with the data for the technical work which we need to do now on the necessary controls.
Channel 3 of 8
Citizens' rights ๐ช
11 members Last update 19 March
The EU says simply that it wants all EU citizens living in the UK at Brexit, and all UK citizens living in the EU, to enjoy the same rights as now. But that would mean the protection of the European Court of Justice (ECJ or CJEU), which is Theresa May's main red line in the talks
Channel opened 29 March 2017
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The sovereignty of our courts remains a key priority for the United Kingdom. ️
In the context of the application or interpretation of citizens' rights, UK courts shall therefore have due regard to relevant decisions of the CJEU after withdrawal. ️ ️ ️ ️ ️ ️ ️
Today, we bring back the certainty. The Commission's negotiators have made sure that the choices made by EU citizens living in the UK will be protected. We have made sure that their rights will remain the same after the UK has left the EU.
I’m clear there is a difference between those who came prior to us leaving and those who will come when they know the UK is leaving.
Citizens’ rights during the transition is not negotiable. We will not accept that there are two sets of rights for EU citizens. For the transition to work, it must mean a continuation of the existing acquis with no exceptions.
Citizens who arrive during the transition period will receive the same rights and guarantees as those who arrived before the day of Brexit.
We’ve reached agreement on the package that should apply to those who arrive during the implementation period itself. ️ ️ ️ ️
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Channel 4 of 8
Financial settlement ๐ธ
18 members Last update 27 July
Britain has committed to EU spending in the 'multi-annual financial framework' or MFF; the EU budget for 2014 - 2020. It also has commitments to financial funds, aid programmes and to EU employee pensions. In some cases, withdrawal will mean the return of money to Britain, but the balance will be negative. A December 2017 deal agreed an amount of around £40bn, but by summer 2018 the UK was again trying to make this conditional on other areas
Channel opened 29 March 2017
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Around £45bn would appear to be the price Johnson and Gove et al are willing to pay for a deluded vision of an imperial Britain post-Brexit.
The price is meeting the obligations that we built up, no more, no less than that. I don’t think people in this country would expect us to just walk away from things we’ve already said we’d pay for. ️ ️ ️ ️ ️ ️ ️
We’re hoping very much that the offer that the prime minister is able to make at that council will be one that guarantees sufficient progress ... Now is the time to get the ship off the rocks. ️ ️ ️ ️ ️
On the settling of accounts, the Prime Minister said in her remarkable Florence speech that the United Kingdom would honour its commitments, including beyond 2020.
I did come round to the British viewpoint on some things. For instance, I didn't insist on the UK covering the removal costs of the departing EU agencies.
There is a link between the withdrawal agreement and the political declaration on the future framework.
But what is perfectly clear to the 27 EU member states and the European Parliament is that what has been agreed in December and March has been agreed for good.
Channel 5 of 8
Jurisdiction and legal structure ๐
10 members Last update 27 July
The EU has been keen to settle early on the question of dispute resolution after Brexit; if for instance, a trade agreement bound the UK not to subsidise its steel industry, who would decide if infrastructure spending around a plant amounted to subsidy? The EU's starting position is that the ECJ is its court, but Britain's (or at least May's) opening stance was that the ECJ would have no jurisdiction in the UK after Brexit
Channel opened 29 March 2017
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We may start off with the European Court of Justice still governing rules we’re part of for that [implementation] period.
If the ECJ still has jurisdiction, we will not have left the EU. It is perhaps the most important red line in ensuring the leave vote is honoured. ️
If on 30 March 2019, the UK is subject to the jurisdiction of the ECJ, takes new rules related to the single market and is paying into the European budget, are we not a vassal state? ️ ️
We’re going from one state to another; you can call it what you like, but I don’t think it’s a vassal state.
Even after we have left the jurisdiction of the ECJ, EU law and the decisions of the ECJ will continue to affect us. Where appropriate, our courts will continue to look at the ECJ’s judgments. ️ ️ ️
Where the UK and the EU had agreed to retain a common rulebook, it is possible that a dispute could relate to whether these rules had been interpreted correctly. The UK recognises that only the CJEU can bind the EU on the interpretation of EU law, and therefore in these instances, there should be the option for a referral to the CJEU for an interpretation.
The white paper commits the UK to membership of the European convention on human rights. It recognises the European court of justice as the only arbiter of EU law. These are important safeguards.
Channel opened 29 March 2017
If, however, we leave the European Union without an agreement, the default position is that we would have to trade on World Trade Organisation terms. In security terms, a failure to reach agreement would mean our cooperation in the fight against crime and terrorism would be weakened. ️
I tried to be a gentleman towards a lady, so I didn’t even use or think about the use of the word blackmail. ️
The current terrorist threat is very much a European dimension issue. The Schengen database and knowing about who has moved where are all intimately dependent on European systems and we have got to try to remain in them. ️
We are proposing a bold new strategic agreement that provides a comprehensive framework for future security, law enforcement and criminal justice co-operation: a treaty between the UK and the EU. ️ ️
The United Kingdom is unconditionally committed to maintaining Europe’s security and we will continue to offer aid and assistance to EU member states that are the victims of armed aggression, terrorism and natural or manmade disasters. ️
The UK will no longer be a member of the European Defence Agency or Europol. The UK will no longer be involved in decision-making, nor in planning our defence and security instruments.
I propose that the EU and the UK continue our common fight against terrorism and international crime. The increasing global instability requires our uninterrupted cooperation in defence and foreign affairs. ️
Channel opened 29 March 2017
We believe it is necessary to agree the terms of our future partnership alongside those of our withdrawal from the European Union.
The negotiations must first clarify how we will disentangle our interlinked relationship. Only when this question is dealt with can we – hopefully soon after – begin talking about our future relationship. เฒ _เฒ เฒ _เฒ
Today, we agreed on dates. We agreed on organisation. We agreed on priorities for the negotiation. In a first step, we will deal with the most pressing issues. We want to make sure that the withdrawal of the UK happens in an orderly manner. Then, in a second step, we will scope our future relationship.
Channel closed 19 June 2017
Channel 8 of 8
Other areas of cooperation ๐
9 members Last update 31 August
The UK is keen to maintain active cooperation in a number of areas, especially medicines and science, where the alternatives would be to create its own expensive regulators to duplicate EU activity. Early in the talks this led to the prospect of reversing an earlier decision to leave Euratom, the EU's nuclear energy programme, even if that meant accepting a limited role for the ECJ, so this miscellany still has the potential to change the direction of the other strands
Channel opened 29 March 2017
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Leaving Euratom is a result of the decision to leave the EU as they are uniquely legally joined. The UK supports Euratom and will want to see continuity of co-operation and standards. ️
What is not possible is to go out of the Union but to stay a full member of Euratom ️
The UK could remain part of EU agencies such as those critical for the chemicals, medicines and aerospace industries. We accept that this would mean abiding by the rules and making an appropriate financial contribution. ️ ️
We invite the UK to participate in EU programmes in the fields of research and innovation, as well as in education and culture. ️
If we shared sensitive information about plans for the Galileo satellite network with the UK (which will become a third country) it would irretrievably compromise the integrity of these systems for many years after the withdrawal ️
Our plan has always been to work as a core member of the Galileo project, contributing financially and technically to the project. If that proves impossible then Britain will have to go it alone. ️
Galileo's civil and commercial signal will obviously still be accessible to the UK and its businesses. Our offer also includes the PRS (Public Regulated Service) signal, as is the case with other allies such as the US or Norway. ️ ️