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EU ready to give UK more guarantees on Brexit: Barnier

The European Union is prepared to give Britain further Brexit guarantees to help a divorce deal through the British parliament, the bloc's chief negotiator Michel Barnier said in an interview published Saturday.

Published: 2 March 2019 17:31 CET

EU ready to give UK more guarantees on Brexit: Barnier

Michel Barnier at a session of the EU parliament in Brussels. Photo: AFP

“We can find guarantees to confirm, clarify, guarantee the goodwill and good faith of the Europeans with commitments which would have real legal force,” Barnier said in comments published in several European newspapers including Die Welt in Germany and Les Echos in France.

Barnier also suggested European leaders would be amenable to a short “technical” delay in Britain's departure from the EU, scheduled for March 29th, to give the British parliament time to formally ratify a final divorce deal.

The British parliament rejected the original Brexit deal hammered out by Prime Minister Theresa May and EU leaders.

The major sticking point was the so-called “backstop” plan for the Irish border. Some MPs fear the arrangement, which would keep Britain tied to EU trade rules until another way is found to keep the frontier open, is a “trap” that could bind it to European commerce rules indefinitely.

Barnier said there was “misunderstanding” over the proposed backstop deal.

“Limiting it in time or introducing a unilateral exit clause would call into question its credibility,” the EU's top Brexit negotiator insisted.

The backstop “will end either when we have a global agreement on the future relationship, or a specific agreement with Ireland,” he said, assuring it “was never the wish” to bind Britain to European trade rules indefinitely.

Barnier said he would Britain's Brexit minister Stephen Barclay and Attorney General Geoffrey Cox next week to discuss options.

A Brussels source said those talks could take place in the Belgian capital on Tuesday.

“There is a way that the British (parliament) could vote, between now and March 12th, with these guarantees of our good faith, It will be up to them to fulfil their responsibilities,” Barnier said.

In 2017, Britain invoked Article 50 of EU law, triggering a two-year countdown to Brexit that ends at 11pm on March 29th.

The country is on course to leave without an agreement after British MPs in January overwhelmingly rejected the divorce deal May struck with the EU late last year.

The embattled leader is now seeking changes to the pact which she hopes will be enough to get it through parliament by March 12th.

In a revised strategy unveiled this week, May vowed that if her deal is rejected, lawmakers will vote in the following days on whether to leave without a deal or delay Brexit.

But European leaders have warned any postponement would come with conditions.

Barnier suggested a short delay could be acceptable.

“The European institutions will do whatever is necessary on their side but the British have told us in the past that they will need two months to ratify” the deal.

“It would then require a simple technical extension.”

While Britain is yet to request a delay, “I don't think there would be any objections in principle” from the other 27 EU nations, Barnier said.

However, any delay “must serve to solve a problem, not merely to postpone it and remain at an impasse.”

Member comments

Anonymous - 5 March 2019 at 01:20 CET

don’t give any more time – The British parliament cannot resolve anything – NO DEAL is the only resolution

Become a Member to leave a comment.

INTERVIEW: 'A lot of people think Brexit is done, but it's not for Brits in Europe'

In the early days of 2021, after the United Kingdom had left the EU and completed the final stage of Brexit, many British citizens returned to their home countries in Europe only to face a grilling at the border.

Though the Withdrawal Agreement (WA) technically guaranteed their right to live and work in the countries they’d settled in before Brexit, there was widespread confusion about these fundamental rights and many were treated like new arrivals.

Over time, the chaos at the airports subsided as border officials and airlines were given clearer guidance on the treatment of Brits. But three years later, a number of Brits who live on the continent still face problems when it comes to proving their post-Brexit rights.

This was the reason campaign group British in Europe decided to set up their new EU-funded ICE project. Starting this year in March, it aims to build valuable connections between UK citizens abroad and mentor the next generation of civil rights advocates around the continent. The acronym stands for ‘Inform, Empower, Connect’ and the project’s organisers describe it as “the first project of its kind”.

“It’s a completely innovative project – especially the fact that it’s across so many countries,” Jane Golding, chair of British in Europe and one of the project’s founders, told The Local.

Bringing together groups from 11 EU member states, the project aims to train up volunteers to understand both the Withdrawal Agreement and EU Charter of Fundamental Rights, as well as learning skills like advocacy and communication, using real-life civil rights cases that are referred to British in Europe.

“The ultimate goal is to amplify the messages across the wider group,” said Golding. “You start with the volunteers, they go back to their groups, then the people that we train, they go back and train people. Then they pass on that knowledge to the wider groups, on their Facebook accounts and through social media, and hopefully it all snowballs, not just in their countries but across the EU.”

‘Far-reaching repercussions’

So many years after Brexit, it’s hard to believe that there’s still a need for a project like ICE that empowers Brits to protect their rights. Indeed, the future of groups like British in Europe and regional groups like British in Germany and British in Spain felt uncertain just a year or two ago.

But Golding says there are still serious issues cropping up for Brits in several countries around Europe – they just have a different quality to the problems that arose at the start.

“In some ways it’s needed even more because as we predicted right at the beginning, at the first stage of implementation, you’ve got the more routine cases,” she explained.

“What we’re seeing now is not as many cases, but when the cases come up, they’re complex. They can have such far-reaching repercussions on people’s lives. And of course, memories start to fade. A lot of people think Brexit is already done, but it’s not.”

Volunteers in British in Europe ICE project

The volunteers of the British in Europe ICE project pose for a photo at the kick-off meeting in Brussels on May 21st, 2024. Photo courtesy of Jane Golding

Though the rights set out in the Withdrawal Agreement apply across the continent, different countries have taken different approaches to implementing them.

That means that while in Germany, for example, UK citizens simply had to declare that they lived in the country, people in neighbouring Denmark had to apply for their rights.

This led to a notorious situation in Denmark in which as many as 2,000 Brits were threatened with deportation after not applying in time or completing the right application process. According to Golding, this had a lot to do with the fact that people who arrived in 2020 weren’t given the same information as other UK migrants who arrived before.

In Sweden, meanwhile, the situation is still difficult for many Brits who lived there prior to Brexit.

“There have been issues with an anomalously high numbers of refusals compared to other countries, and they seem to be taking a very strict approach on late applications,” Golding explained.

Portugal has been another difficult case. Although the country opted for a declaratory system where Brits could simply exchange old residence documents for a new ID card after Brexit, reports suggest that the authorities have taken years to issue these cards, leaving many of the some 34,000 Brits in the country in limbo.

“While people are still waiting to have their status confirmed and have their card in their hand, it’s difficult to access a whole range of services, like health services, or applying for jobs or dealing with the authorities, or even going to the bank,” Golding said. “All of these problems just affect people’s lives.”

A French border guard checks a passport at the border

A French border guard checks a passport at the border. Photo by DENIS CHARLET / AFP

There are also concerns about the EU’s new exit and entry system (EES), due to come into force in October, which is based on biometric documentation.

“We still do not have clear data on how many people in declaratory countries like Germany, where it wasn’t compulsory to apply for the card, don’t actually have a card,” Golding said. “How is that going to play out if it’s a document-based digitalised system?”

A lack of support

In the immediate aftermath of Brexit, funding from the UK’s Foreign, Commonwealth and Development Office (FCDO) was still available to support NGOs in Europe helping Brits with their migration and civil rights issues. But that temporary funding soon expired, leaving groups like British in Europe largely on their own.

“The whole point is people’s lives change at very different paces,” Golding said. “And now this project is really going to start to pick up some of those cases and report on those issues, which is really crucial and exciting for the precedent that it sets, and it’s very clearly necessary still, because people don’t just sort their lives in the 18 months that the FCDO chose to supply that funding.”

This feeling of being left alone and increasingly isolated from the UK is one that many Brits in Europe have felt in the aftermath of Brexit. But the upcoming UK election on July 4th could be a game-changer.

This time, following a change in the law, Brits who have lived abroad for more than 15 years will be able to vote for the first time.

Polling station in the UK

A polling station in the UK. Photo by Elliott Stallion on Unsplash

When it comes to the election, the message from British in Europe is clear: “Make your voice count now, make your vote count, make sure you use it,” Golding said.

With the June 18th registration deadline fast approaching, BiE is advising UK citizens abroad to apply for a proxy vote as soon as possible, rather than relying on a postal vote from abroad. Since the 15-year rule was abolished on January 16th, more than 100,000 British citizens have registered to vote, according to official statistics. It is unclear how many were registered before the change in the law.

With an estimated 5.5 million Brits currently living abroad – 1.3 million of whom are in the EU – this could have a significant impact on the electoral landscape, Golding says. But most significantly, the change is creating a feeling of connection and belonging that wasn’t there before.

Nurturing this sense of belonging is one of the main goals of ICE.

With these bridges being built, British in Europe hopes to create a network of support that spans across borders.

“Now we’ve met. We’re going to meet,” said Golding. “We know we’re going to meet again in Berlin in October and then we’ll meet again in the new year in 2025 as well. It means a huge amount because even British in Europe, our steering team, we’ve only met physically three times.”

This opens up the possibility of people sharing their knowledge from country to country, Golding explained.

“There is crossover and the reassurance of having that EU wide view and knowing that you’re not alone and knowing that in this country, we managed to get this solution,” she said. “And then you can go back and say to the authorities in your country, well, in that country they did that – all of that helps. It’s really good.”

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