Brussels boasts to EU27 that Theresa May’s Brexit deal will tie Britain to following EU’s rules for years to come
Eurocrats told nervy capitals the UK has signed up to unprecedented demands and that they got 'almost everything' they wanted in key areas
BRUSSELS has told Member States that Theresa May's Brexit deal will tie Britain into following the EU's rules and courts for years to come.
Eurocrats reassured nervy capitals the UK has signed up to unprecedented demands and that they got "almost everything" they wanted in key areas.
They said concessions over the role of the ECJ in the withdrawal agreement were "limited" and the same governance model will be applied to a trade deal.
And they reassured coastal states angered it doesn't include fishing that they will have even more "leverage" over the UK in the next round of talks.
The revelations come from diplomatic minutes of a presentation by Commission officials in November to address Member State concerns over the deal.
They say that:
- Britain has signed up to Level Playing Field provisions that are "without precedent" in previous trade deals
- Brussels will push for euro judges to have a significant role in the future relationship
- Promises that an EU-UK trade deal will be ready by the end of the transition are "a commitment to make an effort, not to deliver a result"
- Eurocrats will use "every element" of future trade talks as "leverage" to secure generous access to UK fishing waters
The Commission was called on to offer reassurances after a number of Member States raised concerns Michel Barnier had given too much away to Britain.
EU27 capitals were especially worried about the UK-wide backstop, which they saw as a concession that surrendered vital leverage in future trade talks.
But eurocrats insisted they had got a good deal by getting Britain to tie its hands over following EU rules before negotiations have even begun on an FTA.
The note says: "The Commission says that what the UK has accepted in terms of the Level Playing Field has never been adopted in an FTA before.
"It's without precedent when it comes to dynamic alignment, dispute settlement and the possibility to issue autonomous measures in case of non-compliance.
"Moreover, the outline of the political declaration makes it explicit that the future Level Playing Field must build on these Level Playing Field aspects."
At the meeting, which took place the week before leaders signed off on the deal, eurocrats also reassured EU ambassadors over the role of euro judges.
According to the note they admitted making a "limited concession" on the ECJ, whose remit in the withdrawal pact only extends to policing areas of EU law.
But they add the governance model will form the basis for the future relationship, raising the spectre of an ongoing role for the court in British affairs.
Eurocrats told capitals they can't be forced to sign a trade deal with the UK despite a "best endeavours" clause to negotiate one as quickly as possible.
They said the arbitration panel set up to police the deal can never impose decisions on Member States by making them agree to an FTA.
But they warned warned fines could be issued or parts of the deal revoked if capitals breach the terms of the pact.
The Commission was also confronted about fisheries by coastal states unhappy that the UK-wide customs union does not include a pledge on access to waters.
Officials argued Britain would never accept current EU quotas and that the deal means current arrangements won't change until at least 2021.
The note says: "The UK is just as unhappy as the fishery member states, which makes the Commission conclude it did the right thing."
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Elsewhere, the dossier details how there will still be checks between Northern Ireland and Great Britain under the backstop.
But eurocrats don't want to spell out what they will be in detail for fear of further enraging the DUP and Westminster.
The document emerged as Mrs May looked set to suffer a record Commons defeat in tomorrow's [Tues] meaningful vote on the deal.
Mutjaba Rahman, from the Eurasia Group, predicted EU capitals might be willing to "amend" the backstop after the PM loses the vote.
He said: ";More Member States are getting nervous about risk and implications of a no-deal for which the EU isn’t ready.
"There’s more flexibility in the EU position than leaders' public statements suggest."
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