The EU Commission has released the Negotiating Mandate it wants from EUCO for talks with the United Kingdom.
I am going to live-tweet things as they jump out at me.
First time live tweeting, so let me know if this is an infuriating way to communicate.
ec.europa.eu/info/sites/inf…
I am going to live-tweet things as they jump out at me.
First time live tweeting, so let me know if this is an infuriating way to communicate.
ec.europa.eu/info/sites/inf…
No surprise, protecting the Single Market is paramount.
Also an immediate shot across the UK's bow.
"It should [] reflect the United Kingdom’s status as a non-Schengen third country that cannot have the same rights and enjoy the same benefits as a member."
NO CAKE.
Also an immediate shot across the UK's bow.
"It should [] reflect the United Kingdom’s status as a non-Schengen third country that cannot have the same rights and enjoy the same benefits as a member."
NO CAKE.
Commission confirms their preference is @MichelBarnier's "House" Model.
A big umbrella agreement covering how the EU and UK will co-exist in the future, with specific agreements under it covering things like tariffs.
UK would probably prefer individual standalone deals.
A big umbrella agreement covering how the EU and UK will co-exist in the future, with specific agreements under it covering things like tariffs.
UK would probably prefer individual standalone deals.
@MichelBarnier *Gibraltar Klaxon* 🚨
I don't know anything about this issue so can't comment, but it certainly reads to me like the EU is laying down a pretty firm marker here right from the get-go (page 2).
I don't know anything about this issue so can't comment, but it certainly reads to me like the EU is laying down a pretty firm marker here right from the get-go (page 2).
@MichelBarnier Key points here:
- Elimination of all tariffs and quotas is confirmed as goal;
- 'Should aim' gives plenty of wiggle room to backtrack
- Not enough to have a level playing field in practice, needs to be enshrined in legal commitments. Tough talk.
- Elimination of all tariffs and quotas is confirmed as goal;
- 'Should aim' gives plenty of wiggle room to backtrack
- Not enough to have a level playing field in practice, needs to be enshrined in legal commitments. Tough talk.
@MichelBarnier EU unsurprisingly expects this agreement to use the EU's standard approach to Rules of Origin.
I don't know if the UK was looking to get creative anyway, so this is probably not a big deal but @AnnaJerzewska or @SamuelMarcLowe would have a better sense.
I don't know if the UK was looking to get creative anyway, so this is probably not a big deal but @AnnaJerzewska or @SamuelMarcLowe would have a better sense.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe Seems like pretty standard stuff around Customs Facilitation and VAT.
Everyone is going to try their best and cooperate where possible, but the EU doesn't expect this agreement to magically produce frictionless trade.
AEO recognition nice too, though with a caveat.
Everyone is going to try their best and cooperate where possible, but the EU doesn't expect this agreement to magically produce frictionless trade.
AEO recognition nice too, though with a caveat.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe Interesting on animal health.
The EU wants the precautionary principle (what they use to justify banning chlorinated chicken and hormone beef) recognized in the agreement for use by the EU.
They are NOT insisting the UK maintains or applies it themselves.
The EU wants the precautionary principle (what they use to justify banning chlorinated chicken and hormone beef) recognized in the agreement for use by the EU.
They are NOT insisting the UK maintains or applies it themselves.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe Services Part 1 says almost nothing.
Exceeding the levels of commitments in GATS isn't hard, as they're extremely minimal.
Taking into account the EU's existing FTAs (which also do virtually nothing) isn't exactly a positive sign either.
Exceeding the levels of commitments in GATS isn't hard, as they're extremely minimal.
Taking into account the EU's existing FTAs (which also do virtually nothing) isn't exactly a positive sign either.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe Services part 2 includes a list of sectors for possible coverage, but it's worth not getting too excited.
The gap between a sector type being covered by an FTA and that commitment actually ensuring any kind of meaningful access on competitive terms is huge.
The gap between a sector type being covered by an FTA and that commitment actually ensuring any kind of meaningful access on competitive terms is huge.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe Unsurprisingly the EU leaves the door open to do something on so called 'temporary entry' - basically ones ability to travel abroad for work without actually moving there permanently.
Again, FTA commitments on this kind of stuff tend to be pretty limited.
Again, FTA commitments on this kind of stuff tend to be pretty limited.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe As feared, the EU's opening bid on financial services looks very soft and non-binding.
They agree regulators should chat through 'structured voluntary cooperation' and 'informal exchange of information'.
They agree regulators should chat through 'structured voluntary cooperation' and 'informal exchange of information'.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe In intellectual property, the EU wants to lock in all its existing Geographic Indicators (rules that say you can't market your champagne as champagne unless it's from Champagne) and create a mechanism to create more down the line.
Major potential conflict with US position here.
Major potential conflict with US position here.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe Perhaps given some of the slightly weird things said about Government Procurement late last year, the EU wants to negotiate rules beyond the WTO Government Procurement Agreement.
Downside of this is it's yet another sector by sector negotiation, which means more time.
Downside of this is it's yet another sector by sector negotiation, which means more time.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe Interesting (to me) move here.
The EU wants non-discrimination from the UK for short-stay visas between its Member States.
In other words, Swedish applicants should be treated the same as Poles or Romanians.
Where might they have gotten the idea that could be an issue? 🤔
The EU wants non-discrimination from the UK for short-stay visas between its Member States.
In other words, Swedish applicants should be treated the same as Poles or Romanians.
Where might they have gotten the idea that could be an issue? 🤔
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe Air Transport.
EU signalling here UK airlines will no longer automatically enjoy the right to fly people between two EU cities.
Fifth Freedom of the Air refers to a UK airline being able to fly from London, to Paris and then on to Dubai, and carry people getting off in Paris.
EU signalling here UK airlines will no longer automatically enjoy the right to fly people between two EU cities.
Fifth Freedom of the Air refers to a UK airline being able to fly from London, to Paris and then on to Dubai, and carry people getting off in Paris.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe Road Transport.
The EU wants trucks to be able to move things internationally but isn't prepared to allow UK trucking firms to move things between two points within the European Union (and presumably is prepared to accept the reverse for its own firms in the UK).
The EU wants trucks to be able to move things internationally but isn't prepared to allow UK trucking firms to move things between two points within the European Union (and presumably is prepared to accept the reverse for its own firms in the UK).
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe Fishing.
A stable quota share for EU vessels in UK waters and vice versa, that can only be changed with consent of BOTH parties.
Obviously somewhat at odds with "full control of our fishing waters" as Prime Minister Johnson would prefer.
A stable quota share for EU vessels in UK waters and vice versa, that can only be changed with consent of BOTH parties.
Obviously somewhat at odds with "full control of our fishing waters" as Prime Minister Johnson would prefer.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe Level Playing Field (Tweet 1).
I'm not saying the Commission is emotional about this one, but it's literally the only part I can find in the text where they have bolded stuff inside the paragraphs.
I'm not saying the Commission is emotional about this one, but it's literally the only part I can find in the text where they have bolded stuff inside the paragraphs.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe LPF (Tweet 2)
This reads to me like non-regression in most LPF areas, with a robust dispute settlement mechanism and the ability for the EU to impose retaliatory duties unilaterally if they think the UK is breaking its promises.
This reads to me like non-regression in most LPF areas, with a robust dispute settlement mechanism and the ability for the EU to impose retaliatory duties unilaterally if they think the UK is breaking its promises.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe LPF (Tweet 3)
Oof. Can't make it any clearer than that.
The European Union's mandate on state aid (subsidies) is that EU rules should apply in the UK.
Not equivalent rules. Not non-regression. EU rules.
Them's fightin' words.
Oof. Can't make it any clearer than that.
The European Union's mandate on state aid (subsidies) is that EU rules should apply in the UK.
Not equivalent rules. Not non-regression. EU rules.
Them's fightin' words.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe LPF (Tweet 4)
Labour Protection.
Paragraph 97 is your standard FTA clause requiring countries actually enforce their own labour laws.
Paragraph 96 is a non-regression clause. No dismantling worker rights below where they're at now.
Labour Protection.
Paragraph 97 is your standard FTA clause requiring countries actually enforce their own labour laws.
Paragraph 96 is a non-regression clause. No dismantling worker rights below where they're at now.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe LPF (Tweet 5)
Environment
Also seems like a non-regression clause, albeit the EU wants the inclusion of specific targets where these currently apply and where relevant.
Not familiar enough with this stuff to know what they're referring to but maybe someone in the replies...
Environment
Also seems like a non-regression clause, albeit the EU wants the inclusion of specific targets where these currently apply and where relevant.
Not familiar enough with this stuff to know what they're referring to but maybe someone in the replies...
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe LPF (Tweet 6)
Climate Change
- Commit to Paris Targets
- Maintain a carbon price at least as effective as the EU's existing one
Interestingly, doesn't seem to require the UK to keep pace with any not-currently agreed EU carbon price. Could have been tougher.
Climate Change
- Commit to Paris Targets
- Maintain a carbon price at least as effective as the EU's existing one
Interestingly, doesn't seem to require the UK to keep pace with any not-currently agreed EU carbon price. Could have been tougher.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe <Skipping Security and Defense because I have no idea what I'm talking about in those areas and don't want to mislead readers.
Gonna go to Governance next. >
Gonna go to Governance next. >
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe In a completely out of character move, the EU wants to create a formalized system, complete with its own dispute resolution.
Perhaps somewhat aggressively, it also wants to retain the ability to shut down parts of the deal unilaterally if it feels cheated.
Perhaps somewhat aggressively, it also wants to retain the ability to shut down parts of the deal unilaterally if it feels cheated.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe As we tried to tell you guys, ya'll are going to be negotiating with the EU on various things until Ragnarok.
May as well get comfortable.
May as well get comfortable.
@MichelBarnier @AnnaJerzewska @SamuelMarcLowe Governance (Tweet 1)
EU wants a governance body that tries to resolve things by consent.
However, they also want a BINDING independent international arbitration panel (not the ECJ) that body can refer things to, either by consensus or just if one side are being jerks.
EU wants a governance body that tries to resolve things by consent.
However, they also want a BINDING independent international arbitration panel (not the ECJ) that body can refer things to, either by consensus or just if one side are being jerks.
Governance (Tweet 2)
The CJEU (those rascals) can still rule on cases but only if the independent arbitration panel decides that the matter concerns EU law and refers it to them.
The CJEU (those rascals) can still rule on cases but only if the independent arbitration panel decides that the matter concerns EU law and refers it to them.
Governance (Tweet 3)
EU wants a "break glass in case of emergency" option that lets the parties shut down parts of the agreement (withdraw concessions) and for example, apply tariffs, in clearly defined emergencies.
The other party would be allowed to "rebalance" (retaliate).
EU wants a "break glass in case of emergency" option that lets the parties shut down parts of the agreement (withdraw concessions) and for example, apply tariffs, in clearly defined emergencies.
The other party would be allowed to "rebalance" (retaliate).
<exhausted collapse>
Ok, so that's what leapt out at me on a first pass. I'm sure others picked up different things and as always read the replies to individual tweets because subject matter experts probably corrected me or added more detail.
Is it Thursday yet?
/end
Ok, so that's what leapt out at me on a first pass. I'm sure others picked up different things and as always read the replies to individual tweets because subject matter experts probably corrected me or added more detail.
Is it Thursday yet?
/end
