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EU – UK Joint Committee overseeing implementation of withdrawal agreement

Michael Gove is the UK representative on a to oversee the implementation of the Withdrawal Agreement and Maroš Šefcovic, European Commission Vice President represents the EU. The first meeting of the committee took place on 30 March, also by teleconference.

In the meeting, both sides gave an update on progress to implement the Withdrawal Agreement. The UK reiterated a commitment to protecting the Good Friday Agreement in all aspects and upholding obligations under the Northern Ireland Protocol. The UK also emphasised a commitment to EU citizens in the UK and ensuring that UK nationals in the EU have their rights protected.

The second meeting of the EU-UK Joint Committee took place on Friday 12 June 2020 by teleconference. The Committee was updated on implementation of the Withdrawal Agreement more generally, on which both sides have made good progress. The Committee took one decision - to amend ten minor errors and omissions in the Withdrawal Agreement, related to citizens’ rights and financial provisions, required for legal certainty. The UK also took the opportunity provided by this second meeting to emphasise the UK’s decision not to extend the transition period.

Who's negotiating?

The European Commission leads the negotiations on behalf of the European Union. The Task Force for Relations with the United Kingdom (UKTF) coordinates all issues related to the UK’s withdrawal and its future relationship with the EU. Michel Barnier is the Head of this Task Force.

For the UK, the negotiations are led by the UK’s Chief Negotiator who is the Head of the Task Force Europe (TFE). David Frost has been appointed as Chief EU negotiator.

Both sides will also have relevant figures accompanying the negotiations from across government departments in the UK and the directorate general in the EU.

Round 1

The agenda for Round 1 of negotiations can be found .

• Find the BAB’s full summary of the first round of negotiations here.

Round 2

The agenda for Round 2 negotiations can be found

• Download BAB’s full summary of the second round of negotiations here.

Round 3

The agenda for Round 3 of negotiations can be found .

• Download BAB's full summary of the third round of negotiations here.
• Read the NFU's summary of the negotiations here. 

Round 4

Download BAB's full summary of the fourth round of negotiations here.

Very little progress was made between the third and the fourth rounds of negotiations with the EU accusing the UK of “backtracking” on a number of its commitments under the political declaration.  

This was the last round of the first “set” of negotiations ahead of a high-level meeting at the end of June during which the status of negotiations so far will be assessed.

Despite poor progress so far, Michel Barnier stated that it was his belief is that if future, face-to-face, negotiations take place with “mutual respect” there is still time to reach an agreement by the end of October - necessary to allow time for any deal to be ratified ahead of the 31 December 2020.

With the fourth round of negotiations between the UK and the EU just concluded, David Frost, UK chief negotiator, echoed Barnier’s comment on the limited progress achieved at the end of this week. This round was indeed shorter and more restricted in scope with no relevant discussions on SPS or Rules of Origin issues taking place.

However, the UK chief negotiator said that the UK remains “committed to a successful outcome”. The common feeling is that a deal can still be achieved in the tight timescale ahead. In terms of next steps, David Frost acknowledged that negotiators need to intensify and accelerate work. Discussion with the EU Commission on how to do that are ongoing. Another round towards the end of June is on the cards.

Finally, he reiterated that an acceptable deal for the UK will have to accommodate the UK Government’s position on the level playing field and fisheries. The EU exit and international trade team has published a detailed analysis on the UK’s and EU’s proposals for a future agreement. You can read more here.

Restricted Round w/c 29 June

Following the early finish of the “restricted round” of talks which took place this week between the EU and the UK, the EU’s Chief Negotiator Michel Barnier released a saying that serious divergences remain.

Mr Barnier reiterated that the EU’s position remains the same and that no economic partnership will be established without guarantees for a level playing field, a solution for fisheries and an overarching institutional framework and effective dispute settlement mechanism. The EU is also insisting on parallel progress on all areas of discussion.  

The UK’s Chief Negotiator David Frost said in a that holding talks in person for the first time since March has added an extra depth and flexibility to discussions, but that talks this week have underlined significant differences on important issues.

Both sides say they remain committed to reaching an agreement. The talks will continue in London in the week commencing 6 July.

Specialised Session w/c 6 July

Following four days of informal talks in London, EU Chief Negotiator Michel Barnier has said that significant divergences remain between the EU and the UK on a post-Brexit trade deal. Mr Barnier said he would continue to work with “patience, respect and determination” but that there would be inevitable changes from 1 January 2021 regardless of the outcome of talks.

A spokesman for the Prime Minister said that a dinner on Wednesday had provided an opportunity for Mr Barnier and UK Chief Negotiator David Frost to meet in a more informal way and that the two had been keen to discuss the key issues.

Round 6

Following the conclusion of the 6^th round of negotiations on the 23 July, Michel Barnier gave a press conference in which he said that while there had been good discussions in several areas and some progress on goods and services, overall divergences remain and progress must be made in all areas in parallel.

On the two most significant issues, state aid and the level playing field, Mr Barnier said that the UK did not show a willingness to break the deadlock. He expressed concern that the EU team still has no sight of the UK’s future subsidy control system. He said that on the level playing field, the UK refuses to commit to maintaining high standards in a significant way. Mr Barnier also highlighted that even a less ambitious agreement on goods and services would not lead to the EU dropping its demands for a level playing field.

Answering questions from journalists, Mr Barnier stressed that there are less than five months before the end of the transition period, and that any deal would need to be agreed by October to allow time for translation and approval. He confirmed that unless the UK moves on its position in the most contentious areas, there is a real risk that no deal will be reached.

From his side, David Frost, the UK Chief Negotiator, expressed disappointment that the basis for a deal had not been agreed during this fifth round. This was the PM’s aim as stated at the High Level Meeting with the European Commission back on 15 June. According to Mr Frost, the UK has used every occasion to highlight that any future agreement with the EU must recognise the UK as an “economically and politically independent country”. “The EU’s proposals so far do not do so, and therefore substantial areas of disagreement remain.”

However, Mr Frost conceded that the some progress had been registered in this round thanks to the EU’s softening of its position on the role of the Court of Justice. Similarly, he admitted that the UK had “heard the EU’s concerns about a complex Switzerland-style set of agreements and we are ready to consider simpler structures, provided satisfactory terms can be found for dispute settlement and governance.”

Moreover, it seems that the two sides had fruitful discussions on trade in goods and services and participation in EU programmes. However, Mr Frost admitted that “considerable gaps remain in the most difficult areas, the so-called level playing field and on fisheries.” From the UK’s perspective, the EU’s demands are not based on existing precedents and undermine the UK’s ability to legislate in those areas.

Overall, despite the substantial lack of progress on the sticking points of level playing field and fisheries, David Frost said he is confident that an agreement can still be reached in September but added that the UK continues its preparations for all possible scenarios (i.e. no deal) for the end of the transition period on 31 December 2020.

Informal talks between the UK and the EU will continue next week in a restricted format in London and the next full round of negotiations will take place in Brussels from 17 to 21 August.

Round 7

UK position:

With no surprises, the 7th round of negotiations between the UK and the EU has just concluded with little progress.

The talks focussed on the sticking points of level playing field and fisheries policy without achieving a breakthrough. David Frost, UK Chief Negotiator blames the EU’s negotiating strategy of parallelism, where the block wants to advance on all the key chapters at the same time. Hence, with diverging positions on fisheries and state aid, the rest of the negotiating chapters are left in a limbo for the time being.

He reiterated that “we are seeking a relationship which ensures we regain sovereign control of our own laws, borders, and waters, and centres upon a trading relationship based on an FTA like those the EU has concluded with a range of other international partners, together with practical arrangements for cooperation in areas such as aviation, scientific programmes, and law enforcement.”

Both sides will remain in close contact over the next two weeks before the next round in London on the week of 7th September.

EU position:

Following the end of the latest round of negotiations, Michel Barnier gave a press conference in which he expressed disappointment and concern at the lack of progress on fundamental issues. While this round did see movement on important technical issues such as energy cooperation and UK participation in EU programmes, overall it felt more like going backwards than forwards, said Mr Barnier. He said that progress on technical issues will be important in the final text if the fundamentals can be agreed.

Mr Barnier reiterated that a deal must be agreed by October in order to allow time for ratification by EU27 national parliaments.

Fisheries and road transport were issues under significant scrutiny this week, but overall no progress has been made on any of the major sticking points. Mr Barnier stressed that even if the UK wants to settle for a light touch agreement, “the need for level playing field is not going to go away”.

Round 8

 concluded in London on 11 September 2020. As expected, there wasn’t a breakthrough in the negotiations with both parties remaining entrenched in their positions on the most sensitive issues (i.e. state aid and fisheries).

David Frost, UK chief negotiator, released a statement after the talks that sounded slightly more upbeat than his EU counterpart, Michel Barnier.

Mr Frost commented that:

“These were useful exchanges. However, a number of challenging areas remain and the divergences on some are still significant. We remain committed to working hard to reach agreement by the middle of October, as the Prime Minister set out earlier this week. We have agreed to meet again, as planned, in Brussels next week to continue discussions.”

referred to a lack of engagement from the UK to engage on fundamental EU principles and interests. Mr Barnier lamented the UK’s refusal to include guarantees of fair competition and on non-regression from environmental, labour, climate and social standards.

As well as the now familiar comments around level playing field, judicial cooperation and fisheries, there is also reference in the statement to uncertainties around specific technical details including the post-transition sanitary and phyto-sanitary regime. The EU requires such detail for its assessment of the UK as a third country. The EU is continuing preparedness ready for all scenarios, including for the event of the UK leaving the transition period without a deal.

What's next?

In the next two weeks the UK and the EU will hold informal meetings before Round 9 of the negotiations take place in the week of 28 September. The ultimate deadline to finalise the UK-EU agreement is the EU Council meeting 15-16 October as  earlier this week.

Mr Johnson said:

"The EU have been very clear about the timetable. I am too. There needs to be an agreement with our European friends by the time of the European Council on 15 October if it’s going to be in force by the end of the year. So there is no sense in thinking about timelines that go beyond that point. If we can’t agree by then, then I do not see that there will be a free trade agreement between us, and we should both accept that and move on.”

Finally, separate to the negotiation round, U.K. Cabinet Office Minister Michael Gove and European Commission Vice President Maroš Šefcovic met for an emergency meeting of the Withdrawal Agreement Joint Committee in London on 10 September on the back of the UK Government publication of the Internal Market Bill.

In a , it was reported that:

'Vice President Šefcovic detailed the European Union’s concerns, and requested that the UK withdraw the UK Internal Market Bill. The UK Government made clear that the legislative timetable for the Bill would continue as planned'.

There are concerns around the measures set out in the UK Internal Market Bill which appear to create tension between obligations under international law and domestic law:

'The UK Government underlined its determination to continue to engage in Joint Committee discussions constructively, with the aim of finding a satisfactory outcome for both sides'.