European Council authorises the start of Brexit talks and adopts negotiating directives

Below is an official press release from the European Council. Brexit talks are expected to begin in earnest during the week beginning 19th June according to Michel Barnier, the EU’s chief negotiator. This will be shortly after the UK General Election

The Council, meeting in an EU27 format, adopted a decision authorising the opening of Brexit negotiations with the UK and formally nominating the Commission as EU negotiator. The Council also adopted negotiating directives for the talks.

Both texts are based on a recommendation presented by the Commission on 3 May 2017 and build on the guidelines adopted by the European Council (Art.50) on 29 April 2017. Their adoption allows for the start of negotiations with the UK following the notification of its intention to withdraw from the EU (under article 50 of the Treaty of the EU).

“Today we have established the EU position on the key issues for the beginning of the talks. The rights of citizens are at the very top of our agenda and we aim for an ambitious solution, where those affected continue to enjoy their rights”.

Louis Grech, Deputy Prime Minister of Malta and President of the Council

Negotiating directives and phased approach

This first set of negotiating directives is intended to guide the Commission for the first phase of the negotiations. They therefore prioritise issues that have been identified as necessary for an orderly withdrawal of the UK, including citizens’ rights, the financial settlement and the situation of Ireland, as well as other matters in which there is a risk of legal uncertainty as a consequence of Brexit.

The first phase of the talks aims to provide as much clarity and legal certainty as possible and to settle the disentanglement of the UK from the EU. Once the European Council deems sufficient progress has been achieved, the negotiations will proceed to the next phase.

An agreement on a future relationship between the EU and the UK can only be concluded once the UK effectively leaves the EU and becomes a third country. However, discussions on an overall understanding of that future relationship could start during a second phase of the negotiations.

The negotiating directives may be amended and supplemented during the negotiations.

Citizens’ rights

The first priority for the negotiations is to agree on guarantees to protect the rights of EU and UK citizens, and their family members, that are affected by Brexit. The EU27 insist that such guarantees should be reciprocal and based on equal treatment among EU27 citizens and compared to UK citizens. This should cover, among others, the right to permanent residence after five years of legal residence, including if this period is incomplete on the date of withdrawal but is completed afterwards.

The negotiating directives specify that workers, self-employed persons, students and other inactive persons should be covered, as well as frontier workers and family members. Guarantees should protect residence rights and free movement, as well as all the rights attached to them (such as health care). All rights should be protected for the lifetime of the persons concerned.

Financial settlement

The EU27 agree there must be a single financial settlement and the UK must honour its share of all the obligations undertaken while being a member. The UK should also fully cover the specific costs related to the withdrawal, such as the relocation of EU agencies currently based in the UK. The agreement should include a calculation of the total amount and a schedule of payments, as well as further rules and arrangements to address specific issues.

The situation of Ireland

The EU is committed to continue to support peace, stability and reconciliation on the island of Ireland. Nothing in the UK withdrawal agreement should undermine the objectives and commitments of the Good Friday Agreement. Negotiations should aim to avoid a hard border, while respecting EU law. Issues such as the transit of goods will need to be addressed.

Goods placed on the market and procedures based on EU law

The negotiating directives also cover other issues were arrangements are needed to reduce uncertainty and avoid a legal vacuum. This includes addressing what will happen with procedures based on EU law and with goods already on the market. For instance, if a product is already placed on the single market before the withdrawal, it should be ensured that it can remain in the market afterwards.

Other matters where there may be a need to reduce uncertainty or avoid a legal vacuum, such as services, will be covered in future negotiating directives.

Next steps

The Commission will agree with the UK the dates for the first negotiating sessions. The first formal meeting between the EU and the UK negotiators is likely to take place in June.

 

Where do your candidates stand? (1) Civil Liberties

QUESTIONS EVERY CANDIDATE SHOULD ANSWER

Whatever the party manifestos may say, the finer points of a future Brexit settlement are by no means done and dusted, regardless of the makeup of the next government.

The Campaign for an Independent Britain will be producing a few questionnaires for you to mail to all your prospective Parliamentary candidates. The will address issues where so far, what we have heard from Mrs May’s Government has not been particularly encouraging. We want to raise the profile of these issues and make it clear that we will not accept a half-baked Brexit.

Our first downloadable questionnaire covers civil liberties, particularly the European arrest Warrant. If you would like to know more about this subject, Torquil Dick-Erikson’s speech at a CIB meeting last March will provide you with the main points of concern.

Our questionnaire can be downloaded here. Please feel free to print off as many copies as you like

Conservative Manifesto – PM May Fail on Fishing

What if we had lost?

It’s now over 10 months since the referendum. After the initial euphoria at the result, we enjoyed a brief and well-deserved break before plunging in to the next campaign – ensuring that we end up with the best Brexit deal possible. With Article 50 now triggered, however, the negotiations about to begin in earnest and memories of the referendum itself beginning to fade, it’s easy to forget how hard we had to work to achieve last June’s result.

Suppose, however, that it we had lost.

David Cameron had spelt out in no uncertain terms that this referendum, like Scotland’s vote in 2014, was a “once in a generation” decision. Admittedly, Nicola Sturgeon is straining every nerve to try to engineer a second vote on Scottish independence, but given that it was 41 years since our previous referendum on EU membership, we all knew that if our countrymen had voted to remain in the EU last June, we would have faced many more years of campaigning before a third vote would ever become even a remote possibility.

But just suppose a further vote had eventually been held in, say, 2025, what sort of state would our country – or indeed, the EU – be in by then?

We know that there was a great deal of unease on the Continent following the Conservatives’ 2015 General Election victory, which meant Cameron was going to have to make good his promise to hold the referendum. Laurent Fabius, France’s Foreign Minister, called his pledge “dangerous”. Until last June, Cameron had been described as a “lucky” Prime Minister, winning the 2015 General Election when many pollsters were predicting a hung parliament and securing the results he wanted in both the AV and Scottish independence referendums. Perhaps his track record helped calm nerves in Brussels and Berlin. After all, if remain had won, the implications for the EU would have been enormous.

A vote by the most consistently eurosceptic member state to remain in the EU would have been a green light for a further push towards federalism. Such a move may have initially been focussed on the Eurozone, especially given the victory of the enthusiastic federalist Emmanuel Macron in last Sunday’s French Presidential Election, but we would have inevitably found ourselves swept along in the federalist slipstream. Furthermore, even if voters in other EU member states voted the “wrong” way in any subsequent plebiscites, the EU could have pressed on confident that opposition could be muzzled. If even the truculent UK ultimately had decided to submit to the yoke of Brussels, the EU would have felt emboldened in the pursuit of its objective of creating a superstate. To put it another way, all 28 member states would have themselves been locked into an EU where the Jean-Claude Juncker mindset would have reigned unchallenged. “’If it’s a Yes we will say “on we go”, and if it’s a No we will say “we continue””, he famously said.

Now, however, there will be much nail-biting whenever a new treaty is put to a popular vote. The Brexit vote has shown that electorates are happy to defy a powerful combination of their own political leaders, businessmen and senior figures from both Europe and the wider world. The results of the Dutch general and French presidential elections may have been greeted with huge sighs of relief in Brussels, but it is worth remembering that in the first round of the French elections, 46% of voters opted for an EU-critical candidate. Macron’s victory does not imply a renewed love for the EU in France.

A remain vote would have bolstered the EU’s credibility in the wider world. It is doubtful whether it would have altered the course of events in Turkey, where accession to the EU now looks highly improbable following President Erdogan’s revisions to his country’s Constitution. It would, however, have strengthened the pro-European forces in Norway and Iceland. Maybe even the Swiss would have felt that sooner or later, they would have to join up. Instead, our vote to leave essentially buries the prospect of membership for Western Europe’s non-EU members and also makes the EU a harder sell in the Balkans and the former Soviet republics.

After all, although many of us are aware that one country, Greenland, had earlier left the EEC (as it then was), how many of us can actually remember it happening? It was a pretty minor piece of news at the time whereas the Brexit vote was splashed over front pages across the world, complete with pictures of either Donald Tusk or Angela Merkel looking distinctly gloomy.

The EU was never going to be the same after our referendum, however we voted. Its credibility would either have been boosted or dented.

As for how our country would have been affected by a remain vote, as Rupert Matthews pointed out, defeated leavers would have accepted the result with far more grace than the appalling behaviour we have witnessed from remainiacs like Gina Miller, Richard Branson and Tony Blair. We would have vowed to continue the fight but would not have accused voters in the opposite camp of being stupid. Nor would we have been cry-babies saying that the people didn’t know what they were voting for.

However, within a matter of only a few years, we would have seen much of our remaining distinctiveness gradually eroded. How long would we have been able to remain outside the single currency? How long before our armed services would have been absorbed into an EU army? What of the safeguards of our common law-based criminal justice system, so superior to the Napoleonic inquisitorial system of continental Europe, which the EU eventually would have replaced with a single criminal justice code? Would metrication have been pushed with renewed vigour?

Thankfully, instead of this nightmare scenario, we voted to leave and in so doing, besides the eventual benefits to our own country, we may well have put a big spanner in the works to the whole federalist project, for the good of the whole continent. As William Pitt the younger famously said 200 years ago, “England has saved herself by her exertions and will, as I trust, save Europe by her example.”

Brussels’ provocations

By Horst Teubert

German business associations are calling on the EU Commission to end its Brexit provocations. A disorderly Brexit would entail enormous costs for the German economy, the President of the German Chambers of Industry and Commerce (DIHK) warned; therefore an amicable Brexit agreement with London must be reached. The Federation of German Industries (BDI) expressed a similar view. The head of the EU’s Commission’s recent audacious financial demands and deliberate indiscretions have stirred massive resentment in the United Kingdom and were rightfully considered an attempt to influence Britain’s upcoming parliamentary elections. Observers attribute these indiscretions to EU Commissioner Jean-Claude Juncker’s German Chief of Staff, Martin Selmayr (CDU), who is currently playing a key role in the Commission’s Brexit negotiations’ preparations. The German Chancellery is now calling for restraint in view of the severe damage a hard Brexit could entail for the German economy.

The Commission’s Indiscretions

German businesses are complaining about the EU Commission’s recent provocations: On the one hand, the deliberate indiscretions concerning confidential talks on April 26 in London between the British Prime Minister, Theresa May, the President of the EU Commission, Jean-Claude Juncker, and their respective closest collaborators in preparation of Brexit negotiations. The alleged contents of the talks were leaked to a German newspaper, which published a detailed report, spiked with assessments, presenting the British government as blind to reality, uncompromising and disunited.[1] Juncker’s statements, reproduced in the report, are rightfully regarded in Britain as an attempt to tarnish Theresa May’s Conservative government and thereby reinforce EU-oriented forces, particularly among the Liberal Democrats and segments of the Labour Party during the election campaign – apparently to no avail. The obvious attempt to interfere in the country’s internal affairs has stirred massive resentment in the United Kingdom. In last week’s local elections in various parts of the country, all pro-EU parties, except the Welsh Plaid Cymru, lost mandates, whereas the conservative party made substantial gains. In spite of the significance of particularities in local elections, this is regarded as an expression of the wide approval for May’s political course.

Berlin’s Special Role

London has taken note of the special role Germany is playing in this affair. The indiscretions were published in a German newspaper and were probably leaked by the German EU official Martin Selmayr, a member of the CDU. Selmayr is Commission President Juncker’s Chief of Staff, and, according to reports, he is closely allied with Chancellery Minister Peter Altmeier. He is considered to be Juncker’s most important prompter, having a “tight grip” on the Commission, according to observers. (german-foreign-policy.com reported.[2]) He also holds a prominent position in the Brexit negotiations: Last October, Juncker mandated him to conduct regular preliminary talks on the Brexit negotiations with London. In the meantime, Selmayr has repeatedly announced that “Brexit will never become a success,”[3] thereby following Berlin’s suggestion that the Brexit could possibly have a deterrent effect on EU critics in other member countries. Selmayr is suspected of having leaked the recent indiscretions, because they contained also those parts of the confidential talks in London, in which only he and Juncker had participated on behalf of the EU. Michel Barnier, the chief Brexit negotiator, and his deputy, Sabine Weyand, joined the talks only later on April 26th. Alongside Selmayr, trade expert Weyand is the second German in a decisive procedural position in the Brexit negotiations.

100 Billion Euros

Alongside this indiscretion, the most recent hike in the amount Brussels is demanding that London pay for its exit from the EU is being met with resentment in Great Britain. Even the 60 billion euros, mentioned a while back must be seen – to put it mildly – as an unrealistically exorbitant starting point for the negotiations. Last week, the commission increased the amount even further, to €100 billion, according to which, two years after its exit, the United Kingdom is to pay, for example, agricultural subsidies for other EU countries, as well as EU administrative costs, alongside co-financing both the European Central Bank (ECB) and the refugee agreement with Turkey. On the other hand, London would not be able to lay any claims to its share of the EU’s assets.[4] Observers suppose that these unorthodox demands have been ultimately raised to increase pressure on London’s government and lower its re-election possibilities in favour of EU-oriented forces – until now, to no avail.

More Strain on Germany

Instead, Brussels’ provocations are now leading to public complaints from the German economy. Britain is its third largest sales market for the highly export-dependent German industry and its second largest foreign investment site. At a time when business with important business partners is suffering – due to sanctions (Russia) or political tensions (Turkey), when trade with its most important ally, the United States, has become unreliable with the recent change of government and its number one sales market – the Euro zone – remains deeply embedded in a crisis, German business associations are adamantly refusing to take on any more risks.[5] “Now, it is important not to smash any more porcelain during the talks,” warns Dieter Kempf, President of the Federation of German Industries (BDI), in reference to Brexit negotiations. “Reason and pragmatism” must be the guidelines for “both” negotiating partners.[6] One should not forget “that the Brexit will come at high costs, also for the German economy,” warned Eric Schweitzer, President of the German Chambers of Industry and Commerce (DIHK). A disorderly Brexit, in which merely WTO standards apply between the EU-27 and Great Britain, trade between Great Britain and the EU would engender trade tariffs of around twelve billion euros. Because of the extensive exports to the United Kingdom, this “would engender an enormous additional strain, also on German enterprises.”[7]

Calls for Restraint

Over the weekend, the first calls for restraint had been heard in Berlin because of complaints from within business circles, and the fact that the EU’s provocations seem to be backfiring in the United Kingdom. Chancellor Angela Merkel made known that she is “upset” about Commission President Juncker, because “his failed Brexit dinner” has only made the climate worse between Brussels and London.[8] The German MEP Ingeborg Grässle (CDU), chair of the European Parliament’s budgetary control committee, criticized Juncker in the name of the European Parliament. “It is time that the EU Commission presents a bill comprehensible for everyone,” she demanded in view of the sum London has to pay for the Brexit. “We want to maintain good relations with the British.” The most recent demands – a good example of the EU Commission’s dealing – are “completely exaggerated.”[9]

The original was published by german-foreign-policy.com and is used with permission

[1] Thomas Gutschker: Das desaströse Brexit-Dinner. www.faz.net 01.05.2017.
[2] See Eine nie dagewesene Machtkonzentration.
[3] Florian Eder, David M. Herszenhorn: Brexit will never be a success: Juncker’s top aide. www.politico.eu 05.05.2017.
[4] Hendrick Kafsack: Ich will mein Geld zurück. Frankfurter Allgemeine Zeitung 04.05.2017.
[5] See A Dangerous Game and Auf brüchigem Boden.
[6] BDI fordert Pragmatismus im Brexit-Poker. www.handelsblatt.com 06.05.2017.
[7] DIHK warnt vor hohen Brexit-Kosten. www.dihk.de 04.05.2017.
[8] Merkel verärgert über Juncker nach Brexit-Dinner. www.spiegel.de 06.05.2017.
[9] Andre Tauber: Wie hoch ist der britische Anteil am EU-Vermögen? www.welt.de 07.05.2017

EU bolshiness has converted a remainer into a leaver!

With thanks to Rev Philip Foster for spotting these two letters in the Daily Telegraph.

Sir,

At the referendum, I voted to remain in the EU. However, after seeing how some of the European leaders and bureaucrats have behaved towards Britain, like petulant children who have had their ball taken away, I am now totally convinced that we should leave the EU.

A J C Gorman, Ickenham, Middlesex

This letter appeared on 3rd May. The previous day, a very interesting letter was printed, written by a German now resident in Switzerland:-

Sir,

Since German unification – about which Margaret Thatcher was rightly very sceptical – the EU has ever more succumbed to the will of a nation that is obsessed with the idea of a Reich. What we are witnessing now is the latest attempt in the form of the German usurpation of an EU that will eventually morph into the Fourth Reich.

For a German of a certain age like myself, this is painful to experience, and one can only hope that the Fourth will last even less time than the Third.

Heinrich Wenzel Randogne, Valais, Switzerland

 

Photo by HonestReporting.com