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BREXIT

OPINION: ‘If ever there was a time for UK to go it alone, it surely isn’t now’

With coronavirus dominating the news, you may have missed the latest Brexit negotiations. Sue Wilson of Bremain in Spain brings us up to speed.

OPINION: 'If ever there was a time for UK to go it alone, it surely isn't now'
Photo: AFP

On Friday April 24th, Michel Barnier held a press conference in Brussels to report on trade negotiations between the UK and EU. The virtual talks took place last week, with two further rounds of negotiations scheduled for the weeks beginning May 11th and June 1st.

Media descriptions of the EU’s reaction varied from “disappointing” to “Barnier launches a blistering attack”, with many commenting that Barnier had accused the UK of “failing to engage”.

Based on earlier Brexit negotiations, it was no surprise that the UK and EU had different approaches. The EU produced a 350-page text, which Barnier proudly presented at the press conference. The EU text covers every topic and is available online for everybody. The UK, in contrast, produced a document covering just seven areas and insisted that the content remained confidential.

Barnier stated that “our objective for tangible progress has only been partially, very partially, met this week.”

He emphasised the need to progress on all fronts and spoke of the tight timescale, which means agreements on some areas must be reached by the end of June.

Boris Johnson readily agreed to this timescale when earlier negotiations were finalised. In fact, Barnier accused Johnson of rowing back on commitments made in the Political Declaration, which was signed in conjunction the Withdrawal Agreement in winter 2019.

In a statement released later, a UK government spokesman said: “This was a full and constructive negotiating round” but tentatively agreed that progress between the two sides being “limited”.

Fishing rights remains a contentious and urgent issue, yet the UK hasn’t produced a legal text on this topic yet.

Likewise, issues over the Irish border are of major concern. Barnier said clear evidence was needed that “the UK is advancing with the introduction of the agreed customs procedures for goods entering Northern Ireland”.

That would require implementing the necessary steps for customs and SPS checks (animal and food health). According to Michael Gove, 50,000 new staff will be needed to oversee the arrangements. Evidence of a facilitation plan might be reassuring!

The EU has insisted that “a basic trade agreement would have to be accompanied by agreements on a level playing field and on fisheries”.

Barnier also accused the UK of failing to provide firm guarantees and relying on “vague principles” re fundamental rights and individual freedoms, creating “serious limitations for our future”.

The UK, meanwhile, stated that no progress would be made on the “so-called level playing field… until the EU drops its insistence on imposing conditions on the UK which are not found in the EU’s other trade agreements and which do not take account of the fact that we have left the EU as an independent state”.

On environmental and social standards, Barnier said we should be “aiming high” and criticised the UK government for failing to engage substantially on these topics. He said the UK had argued “our positions are too far apart to reach an agreement” – the implications being, perhaps, “why bother?”.

Even before the press conference, a leaked EU document revealed that the EU intended to rebuff some UK proposals, namely on aviation, justice and security cooperation, which included remaining in the EU crime-fighting agency, Europol.

Yet again, the EU said there could be no “cherry-picking” and reiterated that benefits of EU membership are only available to EU members.

It reaffirmed that the UK will not be treated as a member state and suggested there’s still a lack of “recognition” from the British government on what leaving the bloc really means.

Barnier said it was the UK, not the EU, that was imposing a short timeline, with its unwillingness to contemplate extending the transition period.

Clearly, an extension would be welcomed by the EU, and Barnier was asked specifically if the EU would request one, if the UK didn’t.

He said that the door to an extension was open, but it shouldn’t be about one side asking the other to extend – it should be a mutual decision.

Barnier suggested that any discussions about extensions would be conducted nearer to the June deadline, after every effort to progress the negotiations had been made. He also said that, while the UK were refusing to budge on this topic, it is also slowing down the discussions with its present approach – two contradictory positions.

With just two rounds of talks before the June deadline, it’s difficult to see how progress can be made unless the British government reconsiders its approach. With Frost’s team being “selective” and refusing to engage fully, Barnier admitted worry and regret.

As Barnier said, any future relationship “can only be built on trust” and with “political will, realism and mutual respect”.

That trust, respect and realism have never been more necessary than in the current Coronavirus climate. When we finally emerge at the other end, we’ll need our friends and neighbours close.

I’m not sure there ever was a time for the UK to go it alone, in this global world. Even if there was, that time certainly isn’t now.

By Sue Wilson – Chair of Bremain in Spain

 

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TRAVEL NEWS

EES: Could the launch of Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric Entry/Exit border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

EES: Could the launch of Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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