Some new developments on the Brexit fish negotiations, which have proven so difficult:
1/ The focus now is not on the quota share but on access. On quota share, the EU is offering 15-18pc of the value of what EU fleets catch in UK waters, while the UK wants 80pc. That has been parked and there's big scrap on that to come.
2/ All the effort in the past few days has been on the question of access. The UK is demanding more abolute "control" over British waters by having the power to deny EU boats access on an annual basis when it comes to individual species.
3/ I understand this would be done via an annual negotiation on the Total Allowable Catch (TAC). This is basically the mechanism for determining the total catch of a species based on the scientific evidence, and is separate from the "quota share" yet to be divvied up
4/ The EU has an annual TAC negotiation every December under the Common Fisheries Policy.
5/ My understanding is that the UK is pressing for the ability to deny access if there is no agreement on the TAC level or individual species during each annual negotiation.
6/ The EU has always resisted an annual TAC negotiation. They have one with Norway, but they only share seven stocks with Norway whereas they share over 100 with the UK. So, if the EU agrees to annual TAC negotitaions this would be a concession
7/ At this morning's meeting of EU ambassadors, Barnier appeared to accept the concept of an annual TAC negotiation. But he emphasised that any deal would have to give EU fleets stability and predictability.
8/ In other words, why would EU fishermen invest in the industry if they were at risk of being denied access to certain parts of UK waters on an annual basis.
9/ "How do you guarantee predictability, stability, whilst still having annual negotiations, how can you have those guarantees which will allow you to sustain a fishing fleet?" says one official briefed on the meeting this morning.
10/ Barnier told ambassadors one option would be that the EU could impose tariffs on any stocks sold by UK fishermen into the single market if EU boats were denied access to those stocks, or the waters in which those stocks live
11/ I'm told these are still in the realm of "ideas" in the ether, and that he has not agreed this with the UK. Member states are said to have emphasised the need for stability - ie, no annual risk of being denied access that would destabilise the European fishing sector
12/ There are also suggestions of an independent arbitration process if the UK denied access based on the inability of both sides to agree TAC levels.
13/ There are further concerns that if EU boats were denied access to a particular species and that species lived in "mixed" fisheries zone, then the ban could extend to all stocks in that area, due to the risk of an EU vessel catching a "denied" fish. This has not been confirmed
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Ok, another crunch week (one of many). Here are my latest thoughts on the state of play.
The big issues now are: how long can the talks go on, what impact will the upcoming Finance Bill have, and will an averted Covid rebellion free Boris Johnson's hand in going for a deal.
1/ If there are new clauses in the Fin Bill which override the NI Protocol + it lands the week when both sides conclude a deal it would put Michel Barnier in a ludicrously difficult position: ie, concluding an agreement with a partner which has twice breached the previous deal
2/ A senior EU diplomat said: "It would make sense for the Commission not to conclude until they've seen the Finance Bill, given the experience we've had with the Internal Market Bill."
New: EU and UK officials are expressing confidence that an overarching agreement on the outstanding issues of the Northern Ireland Protocol can be agreed in the coming weeks.
2/ Sources say that officials are making progress on all the key obstacles that have held up the full implementation of the Protocol in recent months.
3/ The Protocol is due to enter into force on January 1, when Northern Ireland remains within the EU’s single market for goods and the rest of the UK formally leaves the European Union.
Quick update on @MichelBarnier's briefing to EU ambassadors this morning at 0830 on Brexit state of play. The same sticking points are there: LPF, fisheries, governance, but a lot of work is being done. "They're still talking, which is good," acc to one diplomat
2/ Diplomat adds: "They are working hard. It's positive that they are talking. They are seriously engaged, but the political decisions have not yet been taken in the UK."
Barnier did not speculate about when a deal might be reached. Acc to source he was keeping his cards close
3/ "The calendar is in everybody's minds: it's five weeks to go. But he didn't speculate."
Mr Barnier will travel to London tonight to resume face to face talks over the weekend.
How significant were @vonderleyen's remarks to the European Parliament this morning?
One senior EU diplomat says takes note in particular of her opening words. "Frankly, I cannot tell you today if in the end there will be a deal."
2/ That this sentiment is being expressed by the European Commission President on Nov 25 with just over a month to Jan 1, is significant. In Brussels there are only two questions: will there be enough time to ratify any deal? Is @BorisJohnson prepared to take a big political step
3/ Yes, it takes two to tango, etc. But it's clear from Von der Leyen's comments that the EU is going to stand firm on the level playing field issue.
Commission president @vonderleyen tells the European Parliament that three big issues remain in the Brexit negotiations: level playing field, governance, fisheries. These issues “can make the difference between a deal and No Deal”
2/ “We are ready to be creative but we are not ready to put into question the integrity of the single market, the main safeguard of European prosperity and wealth
3/ “That is why we need to establish robust mechanisms ensuring that competition is free and fair over time”
New: Member states have been told by the European Commission that 95pc of the EU-UK future relationship treaty has been completed, but that wide gaps remain on the three key issues of the level playing field, governance and fisheries
2/ This came during a briefing of EU ambassadors this morning by the sec gen of the European Commission Ilze Juhansone, standing in for Michel Barnier
3/ Although 95pc complete, there are square brackets in key areas of the text, meaning bits that remain open and that are linked to an overall deal. These are in the field of energy, road haulage, aviation, rules of origin