Update on where we're at in the Brexit negotiations:

While both sides have a way to go, on the level playing field/state aid there is a landing zone in sight. On fisheries, both sides say that is "very difficult"
2/ It looks as if all the energy is going into the LPF and once cracked, they'll barrel into the fisheries stuff. Governance, or how to solve disputes, looks like it has been more or less done
3/ However, the question of a review clause (or sunset clause) which is primarily about the fishing arrangements is still in there, and it will still embrace the wider FTA
4/ That's why in recent days @MichelBarnier has been linking "access to waters" with "access to markets". In other words, if we have a fisheries review in 5 yrs time to take stock of quota share + access, the EU can also assess whether the level playing field has remained level
5/ The question is, how do you formulate a legal mechanism linking fisheries and a general review of the FTA. It's not clear that the UK is fully on board with the idea at all...
6/ On fisheries, both sides are stuck at their opening positions: roughly speaking, the EU is offering up to 18pc of the €650m worth of shared stocks caught in UK waters; the UK is seeking 80pc.
7/ If they get LPF over the line then fish will be a classic numbers negotiation. But UK sources warn the EU not to underestimate the strength of feeling about fish (ie, how much more fish you can catch is more tangible to voters than the highly technical LPF stuff)
8/ The EU mood has been soured by a UK paper tabled Dec 6 with a raft of demands on ownership of UK-flagged boats (Dutch + Spanish say this amounts to expropriation), requirements that crews will all have to be British + that fish will need to be landed in the UK for processing
9/ There's even been some suggestion that the fish element might have to wait until the new year, but this is unlikely to fly as the EU wd lose its leverage (ie, the FTA is linked to a fisheries agreement).
10/ In parallel there are simmering tensions in the European Parliament over being asked to ratify a treaty it hasn't had time to scrutinise. Some MEPs believe the EP should downright refuse to ratify by the end of Dec
11/ Philippe Lamberts MEP (Green), who is on the UK coordination group, suggests the EU and UK shd agree a bilateral agreement saying the status quo shd remain for a month or so, so both the EP and HoC get the time required to scrutinise whatever is agreed
12/ The EP Conference of Presidents (ie, the heads of the political groups) will discuss options tomorrow morning. Only the president of the EP can call a plenary, but the Conference of Presidents gets to set the agenda of a plenary
13/ The EP is dead against provisional application (ie, the treaty enters force on Jan 1 but is ratified by the EP later), and the European Commission is also reluctant
14/ However provisional application is the prerogative of member states (the Council). Provisional application is a highly likely outcome because (a) we don't know when a deal will be done (b) each MS has its own procedures (ie, some parls or parl committees need to be consulted)
15/ If a deal gets over the line this weekend (and that's now what people are speculating about) then the EU institutions will probably try to squeeze out as much activity in the coming days in time for a plenary consent vote by the EP on Dec 28
16/ But that all depends on fish (and also the final elements of an LPF deal) and what the Conference of Presidents in the EP is minded to do tomorrow morning
17/ It's understood President von der Leyen is exerting pressure on various parts of the Commission to ensure stuff is done on time or as quickly as humanly possible (legal scrubbing, translating the text etc)
18/ All told, things could reach a denouement this weekend. Stay tuned...

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More from @tconnellyRTE

18 Dec
Update on the fisheries negotiations:

@MichelBarnier has held one meeting this morning with sherpas from the 8 coastal states and another began at 1300 CET. He's essentially testing their room for manoeuvre on access and quota share but getting strong push back
2/ As a reminder, the EU starting position was that European fleets wd forego 15-18pc of the overall value of fish caught by EU boats in UK waters (€650m); the UK said that figure shd be closer to 80pc, although it has since come down to 60pc
3/ The EU proposed a 10 year phasing in period at the end of which there would be a review that would be tied to continued access to the overall single market. The UK proposed 3yrs after which all bets are off
Read 8 tweets
17 Dec
U.K. statement after @BorisJohnson @vonderleyen call

The PM underlined that the negotiations were now in a serious situation.  Time was very short and it now looked very likely that agreement would not be reached unless the EU position changed substantially.
2/ He said that we were making every effort to accommodate reasonable EU requests on the level playing field, but even though the gap had narrowed some fundamental areas remained difficult.
3/ On fisheries he stressed that the UK could not accept a situation where it was the only sovereign country in the world not to be able to control access to its own waters for an extended period and to be faced with fisheries quotas which hugely disadvantaged its own industry.
Read 5 tweets
17 Dec
New: the European Parliament's announcement that it will not ratify any treaty before the end of December unless the deal is concluded by midnight on Sunday comes amid signals that, despite progress, a deal won't be concluded until early next week.
2/ This is because there are still some formidable hurdles in the way of closure on the level playing field issue, and they haven't even got into fisheries in a big way yet. And both sides say things there are "extremely difficult".
3/ Yesterday there were some signals that a deal could be done by the weekend, but the mood seems to have dipped somewhat.
Read 9 tweets
16 Dec
NEW: European Commission president @vonderleyen: As things stand I cannot tell you whether there will be a deal or not, but I can tell you there is a path to an agreement now. The path may be very narrow but it is there.
2/ VDL - it is therefore our responsibility to continue trying.
3/ Commission president says the "good news" is we have found a way forward on most issues, but this is now a case of being "so close and yet being so far away from each other."
Read 12 tweets
14 Dec
NEW: re the previous thread and potential Provisional Application of the treaty:

Important to note that opting for Provisional Application is *not* a silver bullet to avoid a No Deal on Jan 1 if the negotiations run out of time
2/ A source has said there is a "very high risk" of a No Deal interregnum in the first part of January simply because even deciding on Provisional Application takes quite a bit of time.
3/ "If you have a deal just before Christmas there isn't enough time to have the deal rolled out, even provisionally, before Jan 1."
Read 8 tweets
14 Dec
NEW: Michel Barnier has told EU member states there has been some movement on the level playing field, and on dispute resolution, but that fisheries talks remain "very difficult" @rtenews understands. Sources say this could go through this week and beyond...
2/ Acc to one senior source, Barnier said there was acceptance that the EU could take retaliatory measures against the UK if it diverged from EU standards but that it would not be "autonomous", in other words, before taking action there wd need to be some dialogue with the UK
3/ "It's the operationalisation of that principle that is now under discussion," acc to source. The EU see this is progress as for a long time the UK refused to accept that if they diverged the EU had a right to do something, says the source
Read 17 tweets

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