The crucial hours in poker surrounding the post-Brexit pact



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Talks. Despite the pressing moment, neither Brussels nor London wanted to give up on the points in dispute for the moment.

London. Be it substantial differences of opinion or political drama: there were only a few hours left for an agreement between the EU and Britain on future trade relations after the end of the Brexit transition period at the end of the year. UK Environment Secretary George Eustice said on Sunday his government “will take a position in the next few days.” Future fishing rights, competition rules and a dispute resolution mechanism remain controversial.

Negotiations continued on Sunday afternoon in Brussels after a phone call on Saturday between EU Commission President Ursula von der Leyen and British Prime Minister Boris Johnson only confirmed that there is still no agreement: “We put significant differences in decisive Fixed Questions, ”he said in a verbatim statement from both parties. However, the negotiations must continue. The British government then said sadly: “This is the last roll of the die.”

Whether negotiators Michel Barnier for the EU and David Frost for Britain would make a breakthrough under such circumstances was ultimately in the hands of their political leaders. “I think a deal is within reach,” the Sunday Times quoted an EU diplomat as saying. “But you have to mount a bit of drama to be able to sell the deal.” Others were less confident: “The situation is dire. It is not just about technical details. The issue is political,” said an EU representative.

While Irish Foreign Minister Simon Coveney noted that “between 97 and 98 percent” of an agreement was ready to be signed, points of conflict that had been unresolved for months remained unchanged. When it comes to fishing, Britain wants recognition of its sovereignty over its inland waters and, after a period of three years, the negotiation of annual catch quotas. The EU wants to allow a ten-year transition and then the British 18 percent of the fish.

Though economically meaningless, the question is highly symbolic: France’s Prime Minister Jean Castex last visited Boulogne-sur-Mer, the country’s largest fishing port, European Minister Clement Beaune threatened to veto a deal, and President Emmanuel Macron personally intervened to prevent EU negotiators from “bowing down” they feared. Coastal states like the Netherlands, Belgium or Denmark should share the French line. Germany, on the other hand, is pushing for a deal.

With the future rules of competition, London wants to have a free hand in government intervention in the economy. The EU, on the other hand, demands an “extensive” adjustment as a price for continuous free access to the internal market. Many capitals fear that Britain is trying to gain a competitive advantage through wage dumping, low taxes and subsidies. Conversely, it is said in London: “That only we determine our laws is the goal of Brexit.”

The question of how to resolve disputes is also controversial. Great Britain does not want to recognize the jurisdiction of the Court of Justice of the European Communities. On the contrary, Brussels presented a draft last week according to which the EU Commission can only decide on deviations and impose measures, for example through the unilateral introduction of tariffs. London rejects it.

The next few hours should show if an agreement can be reached. Barnier should report back to the EU ambassadors on Monday morning. Johnson and von der Leyen wanted to talk about the situation again that night. It will also depend on the outcome of this conversation whether the British government will force the final adoption of the British Internal Market Act on Monday night, he said. The controversial law, which London itself admits violates international law, is back on the House of Commons agenda after being rejected by the House of Lords. The Johnson administration has a clear majority here.

For the EU, the law is as provocative as the financial law, which is due to be voted on Wednesday and also violates the EU exit agreement by imposing British tariffs on Northern Ireland. This destroyed the confidence that is now lacking in the negotiations. Johnson defends both laws as “peace of mind” in the event that no deal is reached with the EU. Politically, he has already assured himself for this: “Support for the prime minister is bomb-proof,” he said in cabinet circles on Sunday. “Even former EU supporters are saying now that we have to end this.”

(“Die Presse”, print edition, December 7, 2020)

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