As the high-stakes Brexit negotiations reach a crucial phase, the blame game is also well under way writes tconnellyRTE
At 5.30pm on Tuesday, British and EU negotiating teams gathered in a room on the fifth floor of the European Commission’s Berlaymont headquarters.
Over a mi-cuit tuna starter, a main course of cod, and fondant au chocolat blanc for dessert, both teams got to grips with the UK’s first formal request for legally binding changes to the Irish backstop.The European Commission formally described the talks as "difficult" - one stage beyond "robust" in the lexicon of negotiation euphemisms.In fact, the EU side was startled at what they perceived as London demanding a sizeable re-write of the Withdrawal Agreement.
Under the Withdrawal Agreement both sides commit to "make every attempt, through co-operation and consultations, to arrive at a mutually satisfactory resolution" if a dispute arises. The determination of whether it can be superseded by a free trade agreement, and/or "alternative arrangements" intrinsically relates to whether or not that trade deal does away with the need for checks and controls on the Irish border.
The EU says the treaty obliges both sides to act in good faith and use best endeavours. Furthermore, deciding whether both sides were actually pulling their weight was ultimately a political and not a question. In other words, Cox wanted to inject a concept that would give the UK the ability to appeal to the arbitration panel – and not the European Court of Justice – in the hope that it would rule that the trade negotiations were stuck, that the UK had acted with "reasonableness" and was therefore entitled to walk away from the backstop.
At the meeting of EU ambassadors, Weyand interpreted this as meaning only checks on animal and plant health and food safety, the so-called sanitary and phytosanitary rules, as well as checks on prohibited goods. One senior Irish source was scathing: "This misunderstands the whole construction of the backstop. It misunderstands the overall objective, as per the Joint Report [of December 2017] and the protocol. It’s about the unique situation on the island of Ireland, North-South cooperation, and the Good Friday Agreement.According to reports, Michel Barnier flatly rejected the proposal.
"The commission was happy to clarify that and provide assurances on best endeavours in that context."This was that the backstop was potentially in breach of the European Convention on Human Rights because under the backstop, the citizens of Northern Ireland would be subject to EU single market rules yet not represented in the making of those rules.
British officials have long complained that the backstop has an asymmetrical risk: to London the burden of the backstop falls on the UK, with the risk that it could be indefinite, so Cox’s objective was to rebalance the risk in a legally binding manner. "People were upset to hear things were not moving forward and the Brits were not playing ball," says one official briefed on the meeting.
👇 I briefed EU27 Ambassadors and EP today on the ongoing talks with #UK. Following the EU-UK statement of 20 Feb, the EU has proposed to the UK a legally binding interpretation of the #Brexit Withdrawal Agreement. Most importantly: However, the arbitration panel could only be invoked if the EU was only not pulling its weight or seriously engaging on the issue.
The Protocol already gives the UK the option to exit unilaterally, but only so long as Northern Ireland remains.
Ireland Latest News, Ireland Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Michel Barnier says EU is open to negotiating on Brexit 'guarantees' but not on the backstopBarnier also suggested the EU would be open to a “technical” delay to Brexit.
Read more »
Barnier to meet UK Brexit negotiating team tomorrowThe EU's chief Brexit negotiator Michel Barnier will meet Britain's negotiating team tomorrow as both sides seek a breakthrough over the backstop.
Read more »
Brexit: Barnier doubts whether UK will leave EU on scheduleBrussels ready to give further ‘guarantees’ that the backstop should only be temporary
Read more »
Barnier's Brexit tweets explained by Tony ConnellyRTÉ's Europe Editor assesses the tweets posted by Michel Barnier, where he said that the EU was ready to offer Britain a unilateral exit from the customs union while maintaining the other elements of the backstop.
Read more »
Higher education fees for students from Northern Ireland to be frozenAmendment to Brexit Bill will protect existing fees regime in event of hard Brexit
Read more »
Cox says proposals to EU 'clear as day'UK Attorney General Geoffrey Cox has said Britain is discussing text with the European Union as part of its efforts to win concessions on Prime Minister Theresa May's Brexit deal.
Read more »