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EU deadline in Franco-British fishing row expires

An EU deadline for Britain to grant licences to dozens of French fishing boats appeared to expire Friday without a final breakthrough in talks, despite France's threat to seek European legal action.

Published: 11 December 2021 11:23 CET

This photograph shows fishing boats docked in the harbour of Ouistreham, northwestern France.

France and Britain are still at loggerheads over fishing licences. The row could see the EU impose financial penalties if Britain is judged to be reneging on its post-Brexit commitments. Sameer Al-DOUMY / AFP

France says that 104 of its boats still lack licences to operate in British and Channel Island waters that should have been granted under a Brexit deal Britain signed with the European Union in December last year.

But Britain had not made any announcement about granting more licences by 2200 GMT, while France said it was not planning any statement on the matter either.

Britain earlier denied discriminating against French boats and says many of the vessels are unable to provide the paperwork required to qualify for a licence.

“This is a technical process based on evidence rather than deadlines,” a UK government spokesman said.

But France’s Europe Minister Clement Beaune held out the possibility of Britain granting “a few dozen more as a gesture of goodwill,” which would mean talks could continue, and the European Commission said it was hoping for a breakthrough later Friday.

“If they stick to their guns, then we will ask the European Commission to begin a legal complaint,” Beaune told Franceinfo radio on Friday.

British Environment Secretary George Eustice held talks with EU Environment Commissioner Virginijus Sinkevicius on Friday.

“Intensive technical discussions over recent days have been constructive, however they have not yet reached their conclusion,” the UK spokesperson said.

“Our position remains that vessels must provide sufficient evidence of historic fishing activity in order to receive a licence.”

Relations sink
In Brussels, earlier in the day, an EU spokeswoman said talks with Britain were underway and the goal was still to reach a deal Friday.

“On both sides, on the European Commission and UK, we have agreed that we have this mutual commitment to end these discussions for the successful outcome today,” Vivian Loonela said.

France and Britain have clashed repeatedly this year over fishing as well as migrants crossing the Channel, post-Brexit trade arrangements, and the sale of submarines to Australia.

“The problem with the British government is that it does not do what it says,” French President Emmanuel Macron told a news conference on Thursday, just weeks after he accused British Prime Minister Boris Johnson of having a “not serious” approach on tackling migration.

The British government has said it does not recognise Friday as a deadline to resolve the fishing row.

“We’ve never set a deadline. I recognise they (the EU) themselves have set one but it’s not one we’re working to,” Johnson’s spokesman told reporters on Thursday.

If France lodges a complaint with the European Commission, it could lead to the start of a formal infringement procedure against Britain.

EU sanctions threat
The eventual final step, if the two sides are unable to resolve their differences, could see the EU impose financial penalties or even tariffs on British goods if Britain is judged to be reneging on its commitments under the December 2020 post-Brexit trade deal.

The EU and Britain are also locked in a separate trade row over checks on products entering the British province of Northern Ireland after the UK government unilaterally postponed the introduction of checks.

Under the Brexit deal, European fishermen can continue to work in British waters as long as they can prove that they used to fish there.

France says small boats without GPS data are being penalised while Britain is also often refusing to issue licences to new boats that replaced older vessels in the French fishing fleet.

Britain denies the French claims and the European Commission said that officials were studying log books from the French fleet written between 2012-2016 — before boats were equipped with digital monitors — to establish evidence that crews have a history in Jersey waters.

The EU says 95 percent of the licences that Britain promised EU boats after Brexit have been granted, and that the remaining ones in doubt are for waters off the Channel Island of Jersey.

“We received some new evidence from the Commission yesterday and again this morning which we are now studying alongside Jersey,” the UK spokesperson said.

“Clearly, the receipt of this new data is welcome, however we will be led by the quality of the evidence.”

Member comments

alan stuart - 11 December 2021 at 11:42 CET

According to Jersey, the EU has been monitoring their methodology on a daily basis and has had no complaints. I think the French are out on a limb on this.

Become a Member to leave a comment.

Mythbuster: Can you really 'cheat' the Schengen 90-day rule?

If you’re the citizen of a non-EU country and you want to spend long periods in the EU/Schengen zone, you will need a visa.

But citizens of certain countries – including the US, Canada, Australia and the UK – benefit from the ’90-day rule’, which allows you to travel visa free within the Schengen zone for 90 days out of every 180.

Anyone wanting to spend longer than this will need a visa or residency card.

So a simple enough rule, and for most travellers 90 days out of every 180 is perfectly adequate for holidays, family visits etc.

However some groups – especially second-home owners – might want to spend longer than this.

For Brits, entering the world of the 90-day rule is a recent development, since before Brexit Brits were EU citizens and therefore benefited from EU freedom of movement.

The harsh reality of the post-Brexit world has prompted a steady stream of articles in UK media (examples pictured below) promising ’90-day loopholes’ or ‘how to beat the 90-day rule’ (scroll to the end of this article for what the below ‘loopholes’ really entail).

But do these so-called loopholes really exist?

Despite the claims in the headlines, there are really only three options for non-EU citizens wanting to spend time in the EU – limit their stays to 90 days in every 180 (which still adds up to six months over the course of a year); get a short-stay visitor visa; or move to an EU country full-time and become a resident.

All of the advertised tricks, dodges and loopholes are really just variations on these three options.

Limit stays to 90 days

Advantages – the big advantage of this method is no paperwork. You can travel visa free and there is no requirement to register with authorities in the country you are visiting (although second home owners will of course have to pay property taxes and other local taxes in the area where their property is located).

In this scenario you retain residency in your home country and are simply a visitor in the EU – a status identical to that of a tourist.

Disadvantages – the time limit is too short for many people and there is also the problem that stays are limited to 90 days in every 180. Although over the course of a year this adds up to six months, you cannot take your six months all in one go – so for example spending the winter in Spain and the summer in the UK is no longer possible. Likewise travelling to your French holiday home for four months over the summer is no longer an option.

It’s up to you to keep track of your 90 days, which you can use as either one long trip or multiple short trips. The 90-day limit is calculated on a rolling calendar and keeping track of the days and making sure you have not exceeded your limit can be stressful.

As a visitor, you have no rights to enter the country if the borders close (as, for example, happened during the pandemic).

Short-stay visa

If you want to remain a resident in your home country but don’t want to be constrained by the 90-day rule, you can get a short-stay visitor visa. Visas are issued on a national level, there is no such thing as an EU-wide visa, so you will need to apply for a visa in the country where you want to stay.

Different EU countries have different visas, but most offer a short-stay visa (usually six months) that gives you the status of a visitor, but allows you to stay for longer than 90 days.

Advantages – no more counting the days, for the period when your visa is valid you can stay for as long as you like in the country of your choice. By maintaining your residency in your home country, you don’t have to register with authorities in the EU country and won’t be liable for residency-based taxes.

Disadvantages – visa paperwork can be complicated and the process is time-consuming and sometimes expensive (most countries require an in-person visit to the consulate as part of the process). You also need to plan in advance as visas take several weeks or months to be issued.

A visitor visa usually requires proof of financial means, so this is not available to people on very low incomes.

You are still classed as a visitor, so have no rights to enter the country if the borders close (as, for example, happened during the pandemic).

If you are spending a significant amount of time each year out of your home country, this might also affect your tax status, depending on the rules of your home country around ‘tax residency’ (which is not the same as residency for immigration purposes).

Move to an EU country

If you were accustomed to splitting your time roughly equally between your second home and your home country, you might want to consider becoming a resident in the EU.

Advantages – as a resident, you are no longer constrained by the 90-day rule in the country in which you live. The rule does, however, apply to other EU countries. So if for example you are a Brit resident in France, there are no limits on the amount of time you can spend in France. However the 90-day rule does still apply for trips to Italy, Spain, Germany and all other EU/Schengen zone countries. In practice, border checks while travelling within the Schengen zone are pretty light touch, but technically the rule still applies.

You can of course pay unlimited visits to your home country, provided you maintain your citizenship.

Disadvantages – moving countries involves a lot of paperwork. The process varies slightly depending on the country and your personal situation but in general you will first need to get a visa (which must be applied for from your home country, before you move) and then on arrival will usually need to undergo extra admin to validate the visa and register with local authorities. You might also be required to undergo a medical examination and take classes in the national language.

Depending on the type of visa you apply for, you may also need to provide proof of financial means, which disadvantages people on low incomes.

You will also need to register for healthcare under the system of the country you live in, and may be required to either pay taxes or at least complete an annual tax declaration in the country you live in.

Admin is not a one-off event either, most countries require you to regularly renew your visa or residency card. Being officially resident abroad will likely also affect your tax status and access to healthcare in your home country, while your pension entitlements may also be affected.

Can’t we just ignore the 90-day rule?

As a responsible publication, The Local obviously doesn’t advise breaking any laws, but aside from the moral issue, the practicalities of the 90-day rule make it a difficult one to get around.

If you’re not working or claiming benefits most EU countries are unlikely to even notice that you have over-stayed, and the prospect of police knocking on your door is pretty remote.

However, the problem arises when you need to travel, as border guards will likely spot that you arrived in the EU more than 90 days previously and have no visa. Penalties for over-stayers include fines, deportation and ‘over-stay’ stamps in your passport that will make future travel more difficult.

Planned changes to EU border controls (due to come into effect in 2024) will tighten up these checks.

So in short you could over-stay your 90-days but only if you were prepared to never leave the Schengen zone. And if you’re now living here full time there will come a day when you need to access healthcare or other social benefits and that will be difficult if you do not have an official status as a resident.

All EU countries have undocumented migrants living in them, often working illegally on a cash-in-hand basis, but their existence is precarious, they are ripe for exploitation and often live in poverty. We wouldn’t recommend it.

PS: Those ‘loopholes’ promised in the articles above? The couple in the Telegraph got a visa and moved to France full time, where they are now residents. They told the paper: “The visa process took 9 to 10 months – we had thought it might take three. Yet we think our new life is wonderful and more than worth all the effort.”

The travel influencer mentioned in The Sun simply limits her stays in the Schengen zone to 90 days out of the every 180, but instead of returning to the UK for the rest of the time, she goes to Bulgaria (which is not part of the Schengen zone).

Truly, there are no loopholes . . .

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