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BREXIT

OPINION: Barnier grows frustrated as British government seems averse to compromise

The UK government remains firmly set against any extension to the transition period, regardless of the Covid crisis and Michel Barnier’s comments that “our door is open” to a one or two-year delay, writes Sue Wilson of Bremain in Spain.

OPINION: Barnier grows frustrated as British government seems averse to compromise
EU's Brexit negotiator Michel Barnier shows documents as he gives a press conference after a Brexit negotiations meeting. Photos: AFP

Before the EU/UK trade negotiations started last week, the political grandstanding had already begun. 

Throughout the trade negotiations, EU chief negotiator, Michel Barnier, has told the UK some home truths. These include no membership benefits for non-members, no cherry-picking and no bending EU rules. Ahead of the latest talks, Barnier also reminded prime minister, Boris Johnson, of the commitments he made when signing the Withdrawal Agreement in 2019.

Specifically, Barnier told Johnson he must keep the promises of the Political Declaration (PD). The document, while not legally binding, clearly defined agreed goals for the future relationship between the UK and EU. Those commitments include maintaining a level playing field with the EU on standards, and an agreement about accessing British fishing waters.

Barnier stated: “We remember very clearly the text which we negotiated with Boris Johnson. And we just want to see that complied with, to the letter.” He went on to say: “If that does not happen, there will be no agreement.”

Before the talks had begun, the UK responded, without a hint of irony, that progress had not been made “because of the inflexible attitude shown by Mr Barnier”. A source close to lead negotiator, David Frost (below), said: “The EU needs to inject some political reality into its approach and appreciate that they cannot use their usual tactic of delay to drag the talks into the autumn. October is too late.”

On Tuesday 2 June, the talks began using video conferencing links. While enabling discussion, social-distanced negotiations are no substitute for face-to-face meetings. There’s little opportunity to observe body language and no informal chats over a coffee or something stronger. It is frequently during these informal discussions that progress occurs.

Before the first day of talks concluded, Downing Street dismissed speculation that the UK was preparing to compromise. They called such speculation “wishful thinking”. Meanwhile, the First Minister of Scotland, Nicola Sturgeon, warned the UK government it would be “deeply irresponsible and reckless” to risk a no-deal. Following this week’s negotiations, that risk seems higher than ever.

At Friday’s press conference in Brussels, a clearly irritated Barnier announced there had been “no significant areas of progress” in this fourth round of talks. He drew attention to the PD, which he held up for the cameras, and accused his British counterparts of distancing themselves from the text. He said: “It is and will remain the only valid precedent in this negotiation, and it was agreed by both sides.” He asked that the PD be “respected and complied with” and reiterated that the joint PD clearly sets out the “terms of our future partnership”. He added: “This document is available in all languages, including English. It's not difficult to read.”

Concerning citizens’ rights, Barnier said the rights of EU citizens in UK and UK citizens in EU must be preserved. He pointed out that UK nationals living in the EU will receive a physical document, confirming their proof of status. The demand for similar proof for EU citizens in the UK is an ongoing issue.

In response to Barnier’s comments, the chief UK negotiator, David Frost, said that “positive” negotiations would continue but admitted that “progress remains limited”. British negotiators seem to be averse to compromise, maintaining that the EU’s call for “level-playing commitments”, which it insists are required for market access, surpass what has been expected of other countries.

Barnier expressed hopes that an agreement could be reached and said both sides would take stock, ahead of a European Summit in June and a meeting between Boris Johnson and Ursula von der Leyen, President of the European Commission.

The UK government remains firmly set against any extension to the transition period, regardless of the Covid crisis and despite Barnier’s comments that “our door is open” to a one or two-year delay. With time running out, demands for a delay are now coming from every quarter.  

The Westminster government seems less concerned about leaving with no trade deal than the devolved governments, businesses and the majority of the British public. Many people argue that leaving with no deal has been the goal of the UK government all along. Whatever you believe, it’s hard to disagree with Barnier when he says: “We can’t go on like this forever.”

The world is going through the worst crisis in decades. The cost to wealth and health can only be estimated, but it will surely be worse than anything we’ve experienced in our lifetimes. A no deal Brexit, while harmful to Europe, would be considerably more damaging to the UK. Why suffer the additional pain of a second economic crisis when we’re recovering from the first?

Brexit is happening. Nothing can change that. Let’s do Brexit as well as possible by obtaining the best deal – to protect jobs, standards and citizens.

This is not just about getting the best deal with Europe. The UK wants good deals globally. That’s more likely to happen if the British government keeps its word. Trust takes a long time to establish but can be destroyed in a moment.

We must believe that Johnson signed up to the Political Declaration in good faith and aware of its contents and ramifications. Those standards – employee rights, food safety, animal welfare, the environment etc. – took considerable time and effort to achieve. The UK and the EU can rightly be proud of these standards, and Johnson agreed to maintain them. We must hold him to his promises. Our future depends on it.

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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