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BREXIT

OPINION: Any Brexit deal will be sold as a victory for Britons but there won’t be any winners

Sue Wilson of Bremain in Spain weighs up the latest on Brexit negotiations.

OPINION: Any Brexit deal will be sold as a victory for Britons but there won't be any winners
EU chief negotiator Michel Barnier on his way to continue negotiations on a trade deal in London. Photo: AFP

If you’re following the UK/EU Brexit negotiations, you’re probably suffering from a severe case of déjà vu. Over the last days, weeks and months, we’ve heard repeated claims that lose some of their potency with each utterance. “Time is running out”, a deal is “difficult” but “doable”, and both sides are working hard to secure the deal they really want.

Throughout the endless months of talks – and talks about talks – the difference in tone between the EU and UK has been obvious. The approaching deadline has not dampened the UK’s bullish stance or the EU’s air of calm professionalism.

This week’s latest (last?) round of talks in Brussels began with a series of tweets by the UK’s lead negotiator, Lord David Frost. On Sunday evening, he mentioned that some progress had been made, but ended on a pessimistic note.

His Twitter thread concluded: “But we may not succeed. Either way, as the Prime Minister @BorisJohnson made clear on October 16th, people and business must prepare for the change that is coming on 31 December, most of which happens whether there is a deal or not.”

 

The EU’s chief negotiator, Michel Barnier, clearly had a different outlook on Monday morning, tweeting that the EU “remains determined, patient, respectful. We want our future cooperation to be open but fair in all areas”. Considering the games that the UK government has played – such as threatening to break the existing legal agreement – the EU’s patience must have been tested many times over.

Despite some progress, including the preparation of hundreds of pages of legal text, the same issues are causing the biggest problems in the negotiations. A few weeks ago, there seemed some willingness to compromise over one of the most contentious issues – fisheries.

However, latest reports suggest that both sides are still “miles apart”, despite the EU offering access to its energy market in return for access to fishing waters. That arrangement is worth more to the UK than fishing, which represents just 0.1percent of GDP. Clearly, the UK’s position here is political, not economic. By contrast, the services sector, which contributes 80percent to UK GDP, has largely been ignored throughout the Brexit debate.

The issue of the level playing field is another bone of contention and is seemingly without a resolution. It appears the UK is resisting the ability for either side to retaliate, should either party deviate from the level playing field. The thorny question of which body will deal with any disputes also remains.

Prime Minister, Boris Johnson, has recently been relatively silent re the Brexit negotiations, leaving cabinet ministers to maintain a running commentary. Some recent statements by ministers show that it’s not just Boris who doesn’t understand the details. Environment Minister, George Eustice, suggested on Sunday that if the EU imposes tariffs on lamb, sheep farmers could simply switch to producing beef. You just can’t get the staff these days.

According to Whitehall sources, the prime minister has been the most hardline of the cabinet in holding out for better terms. Following suggestions that the UK negotiating stance would soften after Dominic Cummings departed Downing Street, Johnson was described as the “hardest in the room”.

Whether that’s true or not, the issue is can anyone find him? On Monday, it was announced that Johnson has gone into self-isolation, following a meeting with a Covid-infected MP. Many people wondered whether his absence would even be noticed.

Before the weekend, we’ll receive further updates on the negotiations. My crystal ball tells me we’ll hear some progress has been made, time is running out, both sides are working hard to secure a deal, and there are still major disagreements.

Another deadline will pass. A few more days will be found to work out the details and reach some agreement. Yet another “last chance saloon”. There’ll be talk of an extension, though they’ll call it something else. The threat of no deal will be bandied about, but the talks won’t be over. Or they will be, then they won’t be.

There are rumours the EU may offer the UK a “take it or leave it deal”. While EU lawyers are looking at ways to “rush through” the ratification process, there’s also talk of an emergency plan to delay the vote. All of which makes it increasingly difficult for the UK to suggest that it is the EU, not themselves, that are making a deal less likely.

Of course, I could be wrong, and a deal could be agreed this week. It will be a poor deal, but it will be better than the alternative. It will be sold to the British public as a “win” by the same snake-oil salesmen that sold us the “sunlit uplands” unicorn Brexit and, despite our better judgement, we’ll sigh with relief.

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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