Here is a quick update on the talks (then time for bed)...
1/ On fish, both sides are far apart, but it sounds like the UK wants the EU to jump first before it, in turn, shows flexibility. The UK is offering a three year phase in but with an upfront payment of €300m in demersal fish (ie, out of the €650m EU boats catch in UK waters)
2/ Then each year after the phase in there would be a link between EU boats getting access and a hand over of stock. EU sources say this would be disastrous for EU boats - demersal stocks are basically all the whitefish + prawn (nephrops) that make up the most valuable EU share
3/ The EU is proposing a 10 year phase in, at which point EU fleets would forego 18pc of the value of what they catch now in UK waters. Then there would be a review. The UK is said to be insisting on 80pc
4/ Source says both sides are so far apart that meeting somewhere between 18pc + 80pc wd not work. Access seems to be the battleground. This is where the UK is wielding the sovereignty tool: deciding who has access to your waters will satisfy that sense of new found sovereignty
5/ The UK approach appears to be: we cannot start talking about access until we know how much fish quota EU boats will have in order to utilise that access. And if the Commission doesn't move from 18pc then we can't have that conversation
6/ I'm told the UK will show flexibility on the €300m and access if the Commission makes that first move; on the EU side there is still the option of linking UK access to the EU's lucrative energy market in exchange for fisheries access
7/ On state aid, the UK is resisting any ex ante requirement for subsidies to be notified to an independent UK regulator. London is also resisting "direct effect" ie the ability for an aggrieved party to take action in the UK courts due to an allegedly unfair subsidy
8/ The UK is also claiming that the EU has suggested that its €750bn covid recovery fund shd be exempt from EU state aid rules, but that any UK fund wd not be exempt from the state aid provisions of the FTA (waiting to hear back from the EU side on this)
9/ The most difficult issue of all is the so-called "ratchet" or "evolution" clauses in the level playing field. The EU sees this as vital: both sides shd broadly agree to share common standards over time, but if the UK diverges the EU shd be able to take appropriate action
10/ Otherwise, the UK could simply diverge at will and give itself a manufacturing edge, while still enjoying tariff and quota free access to the single market
11/ The UK sees this as akin to tying the UK to EU standards and that if the UK exercises its sovereign right to diverge then it would be penalised for exercising that right. This is obviously a hard nut to crack...
12/ Michel Barnier will brief EU ambassadors at 0730 in the morning, and then there will be another full day of negotiations.
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NEW: UK negotiators have proposed stripping the valuable pelagic fishing industry out of the Brexit negotiations and instead have those stocks dealt with through an informal forum bringing together countries such as Russia, Norway, the Faroes, Iceland + Greenland, acc to sources
2/ The development reflects deepening divisions over the fisheries issue in the FTA negotiations. One EU official described the move as "very concerning"
3/ UK sources have also rejected suggestions that London was planning to re-nationalise the UK fleet by placing conditions on foreign ownership of British vessels. That issue was mentioned by @MichelBarnier during this morning's briefing of EU ambassadors
BREAKING: The EU’s chief negotiator has told MEPs that negotiations on a post-Brexit deal could continue until Wednesday but no further.
2/ According to sources present, Michel Barnier also warned the UK that a deal would not be approved by member states if it pressed ahead with passing the Internal Market and the Finance Bills into law.
3/ He told the European Parliament’s Brexit coordination committee this morning that US President Elect Joe Biden was also “sensitive” to any impact of UK law on the Good Friday Agreement.
Irish foreign min Simon Coveney says he is "more optimistic" about progress in the EU UK Joint Committee over implementing the Northern Ireland Protocol.
2/ Last night @rtenews reported that if a free trade deal were to be concluded, a sequence would be put in place at the end of which the UK would drop the clauses in the Internal Market Bill which breach the Protocol. rte.ie/news/brexit/20…
3/ This morning, the EU’s representative on the Joint Committee, which implements the Protocol, said he would be meeting his counterpart Michael Gove in Brussels today.
“Having heard from Michel Barnier this morning, really the news is very downbeat. I would say he is very gloomy, and obviously very cautious about the ability to make progress today.
2/ "There was news last night on some media sources that there was a breakthrough on fishing. That is absolutely not the case from what we’re hearing this morning,” he said.
Mr Coveney said that fisheries, the level playing field and governance remain “very problematic.”
3/ “There really was no progress made yesterday, that’s our understanding and so we’ve got to try to make a breakthrough at some point today, before the two principals, the Commission president and the prime minister speak later on this evening.
BREAKING: the UK will be in a position to drop the offending clauses in the Internal Market + Finance Bills provided there's a "long term legal solution" to the outstanding issues around the NI Protocol, and that are "satisfactory to both sides", @rtenews has learned
2/ Acc to two well placed sources, there is a potential sequence involving the EU UK Joint Committee completing its work on the difficult issues of the Protocol which in turn will be tied to the conclusion of a Free Trade Agreement.
3/ The conclusion of an FTA wd quickly be followed by the announcement of a Joint Committee mtg, to close off the outstanding issues, some of which will "dissolve" anyway if there is an FTA
Ireland's Foreign Affairs min @simoncoveney has said on @rtenews@thisweekrte that it is not the intention of France or any other member state to go for a No Deal in the hope of getting a better deal as Britain would be in a weaker position.
2/ Mr Coveney said that would be a "very risky approach" which would cause a lot of "acrimony and division".
3/ Asked if a deal would be possible if the UK passed the Internal Market and Taxation bills, Mr Coveney said that if the House of Commons approved the former it would be "unhelpful" but that the legislation won't have been fully passed (ie it would go back to the House of Lords)