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BREXIT
BRIEF
Brexit Brief Issue 84
02 April 2020
Introduction
The Brief seeks to provide up-to-date information on the progress and content of the UK-EU
negotiations, and bring together relevant statements and policy positions from key players in
Ireland, the UK and EU.
The Brief is part of a wider communications programme covering the work of the IIEA’s UK
Project Group – including commentaries, speeches, texts and event reports – which are
highlighted on the Institute’s website. (www.iiea.com)
Section One: State of Play Agreement. These included: securing citizens’
rights; maintaining peace and stability on the
Meeting of the Joint Committee on island of Ireland; and ensuring the integrity of
the Implementation and Application the Single Market.
of the Withdrawal Agreement
On the topic of citizens’ rights, Commission
On 30 March 2020, EU and UK officials met
Vice President Šefčovič welcomed the UK’s
via video-conference, due to the COVID-19
commitment to continue to allow EU citizens
pandemic, for the first meeting of the Joint
to register as lawfully resident in the UK
Committee on the implementation and
and reiterated the European Commission’s
application of the Withdrawal Agreement. The
commitment to support Member States in
meeting was chaired by Commission Vice-
ensuring that UK citizens can exercise their
President Maroš Šefčovič and UK Chancellor
rights under the Withdrawal Agreement.
of the Duchy of Lancaster, Michael Gove.
The Commission also committed to working
Following the meeting, the EU released a
with the UK to implement the Protocol on
statement, in which it outlined its priorities for
Ireland/Northern Ireland. It stressed “an
the timely implementation of the Withdrawal
urgent need” for the UK to “proceed with
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the necessary measures, such as preparing Barnier and David Frost – raised significant
for the introduction of customs procedures questions about the possibility of reaching
for goods entering Northern Ireland from a deal before the current deadline of 31
Great Britain, and ensuring that all necessary December 2020. If the two sides cannot
sanitary and phytosanitary controls as well as reach an agreement by that date the UK will
other regulatory checks can be carried out in automatically move to trading with the EU on
respect of goods entering Northern Ireland World Trade Organization terms – the ‘no-deal’
from outside the EU.” situation which is forecast to produce negative
outcomes for both sides and, in particular, for
Finally, the Joint Committee agreed to launch the island of Ireland.
the work of six Specialised Committees. In
particular, the Specialised Committee on the The postponement of talks, and the personal
Protocol on Ireland/Northern Ireland should problems of the key negotiators, have led many
engage “without delay”. commentators to argue for an extension of the
transition period. The normally hard-line pro-
The next meeting of the Joint Committee is Brexit Telegraph on 19 March 2020 carried the
scheduled to take place in June. headline ‘It would be madness not to delay the
post-Brexit transition to focus on coronavirus’
Covid-19: EU-UK Talks Postponement
and went on to argue that “There is a time and
The second round of EU-UK negotiations, a place to argue over the future of trade and
scheduled for 18 March, were postponed in relations with the EU. This is not the time”.
light of the medical guidance on coronavirus.
An Irish Times editorial addressed the issue of
A UK Government statement on 17 March said the transition period on 19 March 2020, arguing
that: “Both sides remain fully committed to the that it is likely to be extended for two reasons:
negotiations and we remain in regular contact
The first is that the UK and EU
with the European Commission to consider
governments will simply not have the
alternative ways to continue discussions,
time to conduct the necessary talks.
including looking at the possibility of video
Time was already short, but to suggest
conferencing or conference calls and exploring
that any kind of a deal can now be
flexibility in the structure for the coming weeks.
worked out, with governments and
The transition period ends on 31 December
public servants facing a massive public
2020. This is enshrined in UK law.”
health crisis, is crazy.
The two sides had agreed to hold rotating
The second reason is that companies,
rounds of talks between London and Brussels
consumed with the fall-out from the
until May when there would be a review of
virus, also known as Covid-19, will simply
progress. The UK has until July to request
not have the time or money to also cope
an extension to the transition period. The
with the changes which a new trading
revelation of the circumstances of the two
regime would bring. Whether a deal is
main players in the talks process – Michel
done on new trading arrangements or
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a breakdown leads to a reversion to An extension to the transition period will
trading under World Trade Organisation surely have to be sought. Only obsolete
rules, companies would face further cost doctrine and the Prime Minister’s vanity
and disruption. are against it. Those obstacles can and
must be set aside.
The editorial argued that although Boris
Johnson’s Government has thus far refused Michel Barnier Tests Positive
to consider delay, “not doing so by the end
of June would create yet mroe uncertainty The EU Chief Negotiator, Michel Barnier, has
and risk, at a time when more than enough tested positive for Covid-19. He tweeted
already exist.” It concluded: on 19 March that he was “doing well and in
good spirits. I am following the necessary
It makes sense now to put the whole instruction, as is my team. For all those
process on hold, using the mechanisms in affected already, and for all those currently in
the withdrawal agreement. The concern isolation, we will get through this together.”
is that Johnson, under pressure from An EU source indicated that the entire Barnier
Brexiteers who fear what a delay might negotiating team – 100 strong – had been
mean for the shape of Brexit, continues isolated while urgent tests were carried out.
to refuse to recognise the obvious.
David Frost Self-Isolated
There are serious concerns that the key
negotiation deadlines could coincide with the The UK Lead Negotiator, David Frost, has
projected peak of the COVID-19 onslaught. self-isolated after showing mild symptoms
Increased restrictions on international of COVID-19 just a day after the news of
travel make a resumption of full negotiating Michel Barnier’s diagnosis. A spokesman for
arrangements in the near future uncertain. It No.10 indicated that, while David Frost was
is widely recognised that resorting to remote following key guidance on self-isolation, the
internet solutions cannot replace the reality of UK Government remained in contact with the
face-to-face talks, with the complex exchanges European Commission “and expect further
and vital personal interactions which make a conversations between the teams next week.”
negotiation work.
European Task Force for Relations
The crucial issue is the attitude of the British with the United Kingdom
Government. The Guardian commented:
On 18 March 2020, the EU Task Force for
Mr Johnson’s gung-ho Eurosceptic rhetoric Relations with the United Kingdom published
once suggested indifference to risk, but a Draft Legal Agreement for the future EU-UK
in response to coronavirus he appears to partnership. The document translates into a
have discovered a new capacity to engage legal text the negotiating directives adopted
with evidence and a new flexibility in by the Member States in the General Affairs
economic policy. Such pragmatism must Council on 25 February 2020 in line with
be applied also to the Brexit question. the terms of the Political Declaration agreed
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between the EU and the UK as part of the Draft Legal Agreement
Withdrawal Agreement package. The text of
the legal agreement was drafted following The draft is 440 pages in length and covers
consultations with the European Parliament all areas of the negotiations. It was shared
and the Council and is intended to provide with the United Kingdom on 18 March 2020,
necessary material to support the ongoing following consultation with the European
negotiations and facilitate progress towards Parliament and Council. It was presented
an agreed outcome. to the Council Working Party on the United
Kingdom on Friday, 13 March 2020.
The UK has shared its equivalent document
with the European Taskforce, but at time of The text comprises six parts:
writing, this text has not been published.
1. Common Provisions (Basis for Cooperation;
The EU text spells out the demands to be Principles of Interpretation and Definitions)
made by the EU negotiators in future rounds
of talks. It clearly demonstrates the distance 2. Economy and Trade (Regulatory Practices
between the two sides, in a wide range of and Cooperation; Level Playing Field:
issues – State aid rules, labour and social Sustainability) with trade chapters
protection, environmental standards, health including (Goods; Fisheries; Services and
and sanitary safety in the agricultural and Investment; Digital; Capital; Intellectual
food sector and, fundamentally, the so-called Property; Public Procurement; Mobility;
level playing field. Transport; Energy; Civil Nuclear; SMEs)
EU Chief Negotiator Michel Barnier 3. Security Partnership (Law Enforcement
commented: “This text demonstrates that an and Judicial Cooperation in Criminal
ambitious and comprehensive agreement on Matters; Foreign Policy; Fight against
our future relationship is possible, on the basis Irregular Migration; Health Security;
of the EU’s mandate and the political ambition Cyber Security)
agreed with the UK five months ago.”
4. Participation in Union Programmes, Sound
Separately, the Task Force published the Financial Management, Financial Provisions
Foreign Policy, Security and Defence part of (UK participation in Union Programmes;
the Agreement on the New Partnership with general conditions and rules; protection of
the United Kingdom. It is stated that “This financial interests and recovery)
negotiating document is published following
5. Institutional and Horizontal Provisions
consultation with the Member States and the
(Institutional Framework; Dispute
European Parliament, bearing in mind that
Settlement; Compliance; Fulfilment of
the United Kingdom has stated that it does
Obligations and Safeguard Measures)
not wish to engage in negotiations on these
matters. It was presented to the Council 6. Final Provisions (Termination Procedure)
Working Party on the United Kingdom on
Friday 13 Mach 2020.”
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The text further contains thirty-five technical to humanity. The parties should reiterate
Annexes, covering sixty-five pages, and four their commitment to strengthening the global
Protocols (Mutual Administrative Assistance in response to this threat. The fight against
Customs Matters; Social Security Coordination; man-made climate change as elaborated in
Participation in Union Programmes; Security the Paris Agreement must be recognised as
Procedures for Exchanging and Protecting basic to the domestic and external policies of
Classified Information). both the EU and the UK. Both parties would
ensure respect for the Paris Agreement and
The initial sections of the text, dealing with refrain from any acts or omissions that would
Common Provisions, contain important undermine it or materially defeat the object
provisions and set out a number of key values and purpose of the Agreement. They would
and principles. In particular, it set out the EU commit to promote the fight against climate
starting point that “the final agreement will change in all international fora, and to engage
establish a ‘comprehensive partnership’: with other countries and regions to increase
their level of ambition in the reduction of
It further provides that where the EU and
greenhouse emissions.
the UK conclude other bilateral agreements
between them, they would have the status of a The text finally provides that either Party may
‘supplementary agreement’ and will constitute terminate the eventual Agreement by written
an integral part of the overall framework. This notification through diplomatic channels.
provision would apply to agreements between The Agreement and any supplementing
the Union and its Member States and the agreement would cease to be in force on the
United Kingdom and to agreements between first day of the twelfth month following the
Euratom and the United Kingdom. date of notification
It is proposed that EU-UK cooperation will be Task Force on Foreign Policy, Security
based on the shared values and principles of and Defence
Democracy, Rule of Law and Human Rights,
which underpin the domestic and international The EU Task Force separately published the
policies of both parties. Consequently, the text of the Foreign Policy, Security and Defence
parties should formally reaffirm their respect part of its draft Agreement text, pointing out
for the Universal Declaration of Human that the United Kingdom has stated that it
Rights and the international human rights does not wish to engage in negotiations on
treaties to which they are parties, as well as these matters.
their continued commitment to respect the
European Convention on Human Rights. They The key opening sections of this part of the EU
would commit to promoting these shared proposals state:
values and principles in all international fora.
The Parties shall establish a close Political
Significantly, the EU text gives fundamental Dialogue and structured consultation
status to the Fight against Climate Change, on foreign policy, security and defence.
which is recognised as an existential threat The Parties shall also conduct regular
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thematic dialogues on issues of mutual the General Secretariat of the Council will chair
interest in relation to external action. the Working Party until 31 December 2020.
In support of their commitment to Section Two: The Evolving Debate
multilateralism, the Parties shall engage
in effective consultations in multilateral UK- Ireland Contacts
fora and endeavour to exchange views
On 14 March 2020, senior representatives of
and enhance cooperation to improve the
the Northern Ireland Executive and the Irish
effectiveness of regional and international
Government and their Chief Medical Officers
fora and organisations, such as the United
met in Armagh to review the current situation
Nations and its specialised organisations
regarding the COVID-19 virus and how best to
and agencies, the Council of Europe,
tackle the outbreak. The meeting took place
the North Atlantic Treaty Organization
at the Secretariat offices of the North South
(NATO), the Organisation for Economic
Ministerial Council, in Armagh
Cooperation and Development (OECD), the
Organisation for Security and Cooperation The Northern Ireland Executive was
in Europe (OSCE), and other fora. represented by First Minister Arlene Foster,
Deputy First Minister Michelle O’Neill and
The Parties shall also endeavour to
Health Minister Robin Swann. The Irish
consult each other ahead of elections
Government was represented by An Taoiseach
in multilateral organisations to seek
Leo Varadkar, Tánaiste and Minister for Foreign
effective representation therein.
Affairs and Trade Simon Coveney, and Minister
Council Working Party on the UK for Health, Simon Harris. Detailed briefings
were provided by the respective Chief Medical
The Working Party on the United Kingdom Officers and the very serious challenges to
was established on 24 January 2020, after public health which are posed by COVID-19,
its creation was agreed by leaders at the North and South, were discussed. It was
European Council meeting in December 2019. agreed that everything possible will be done
It assists Coreper (Committee of Permanent in co-ordination and cooperation between the
Representatives) and the Council in all matters Irish Government and the Northern Ireland
pertaining to the relationship with the United Executive and with the active involvement of
Kingdom, following its departure from the EU. the health administrations in both jurisdictions
to tackle the outbreak.
In particular, it assists Coreper and the Council
in the course of the negotiations of the future On 19 March, Downing Street reported a
relationship with the United Kingdom and on conversation between Prime Minister Johnson
matters related to the implementation of the and the Taoiseach. “The Prime Minister spoke
Withdrawal Agreement. to the Irish Taoiseach Leo Varadkar today about
the ongoing coronavirus pandemic. He set
The Working Party is to be chaired by the six- out the UK’s science-based approach and the
monthly presidency. Initially it was agreed that measures the Government has already taken
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to stop the spread of the virus and protect the No 10 initially said it did not take part because
public. The leaders agreed on the importance of the UK was “no longer a member” and was
international coordination to support the global “making our own efforts” but later stated that
health response and minimise the economic “As the commission has confirmed, we are
impact on our citizens. They also resolved eligible to participate in joint procurements
to continue working together to strengthen during the transit period following our departure
our bilateral relationship and to support the from the EU earlier this year. As those four initial
Northern Ireland Assembly at Stormont.” procurement schemes had already gone out to
tender, we were unable to take part in these,
On 20 March 2020, An Tánaiste Simon but we will consider participating in future
Coveney and Secretary of State for Northern procurement schemes on the basis of public
Ireland, Brandon Lewis, spoke by phone. The health requirements at the time.”
main focus of the call was on the COVID 19
response and the actions being taken by the Section Three: Background
two Governments, and the work being taken Material and Further Reading
forward in Northern Ireland. They welcomed
the leadership and concerted action being taken Background Material
by the Northern Ireland Executive in response
European Commission Statement by the
to the crisis. They agreed that there was a
European Commission following the first
clear need for continued strong cooperation
meeting of the EU-UK Joint Committee,
and coordination North/South as well as East/
30 March 2020. https://ec.europa.eu/
West in support of those efforts. They also
commission/presscorner/detail/en/
discussed the recent UK Government proposals
concerning how to handle the legacy of the statement_20_565
past in Northern Ireland, and the need for early
Financial Times Coronavirus crisis demands
and detailed engagement on how we can move
extended Brexit transition. FT, 25 March 2020.
forward together on this important issue.
https://www.ft.com/content/267d8562-ef86-
Ventilator Claims 4a04-83ea-37bd97812d36
The EU Commission has rejected claims by RTÉ Michel Barnier tests positive for
the UK Government that a “communication Covid-19. RTE, 19 March 2020. https://www.
problem” resulted in the UK missing out rte.ie/news/2020/0319/1124103-michel-
on a joint procurement project for medical barnier-tests-positive-for-covid-19/
ventilators. A UK spokesman blamed the
RTÉ Brexit talks uncertain as negotiators Frost
situation on misunderstanding with Brussels
and Barnier both self-isolate due to coronavirus.
insisting that London had not received an
RTE, 20 March 2020. https://www.rte.ie/
invitation in time to participate. Brussels
news/coronavirus/2020/0320/1124430-
responded that plans for the project had
brexit-talks-unsure-as-frost-and-barnier-
been clearly set out to the London authorities
both-isolate
having been discussed at the Health Security
Committee with UK involvement.
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EU Commission Task Force Draft text of The Guardian Brexit: EU’s demands in
the Agreement on the New Partnership with negotiations with UK revealed in draft treaty.
the United Kingdom 18 March 2020. https:// Guardian, 13 March 2020. https://www.
ec.europa.eu/info/sites/info/files/200318- theguardian.com/politics/2020/mar/13/
draft-agreement-gen.pdf brexit-eu-demands-uk-negotiations-draft-
treaty
EU Commission Task Force Foreign Policy,
Security nd Defence part of the Draft Text of Irish Times EU sets out proposals for close
the Agreement on the new Partnership with UK ties after Brexit talks. IT, 19 March 2020.
the United Kingdom, 18 March 2020. https:// https://www.irishtimes.com/news/world/
ec.europa.eu/info/sites/info/files/200318- europe/eu-sets-out-proposals-for-close-uk-
draft-agreement-forpolsec.pdf ties-after-brexit-talks-1.4206215
EU Commission Task Force Joint Statement The Guardian Brexit: coronavirus sparks
of European Commission Vice President Maros calls to extend EU transition period. Guardian,
Sefcovic and the UK Chancellor of the Duchy 14 March 2020. https://www.theguardian.
of Lancaster, Rt.Hon. Michael Gove, 19 March com/politics/2020/mar/14/calls-to-extend-
2020. https://ec.europa.eu/info/sites/info/files/ eu-transition-period-as-europe-fights-
joint-statement-eu-uk-joint-committee.pdf coronavirus
European Commission / Europe Direct Politico Brexit Britain is running out of
Future EU-UK Partnership: European time. Politico, 20 March 2020. https://www.
Commission publishes draft legal text, 18 politico.eu/article/gripped-by-coronavirus-
March 2020. https://ec.europa.eu/info/ britain-stays-stubborn-on-brexit
european-union-and-united-kingdom-
forging-new-partnership_en The Telegraph It would be madness
not to delay the post-Brexit transition
GOV.UK Latest on EU negotiations: to focus on coronavirus. Telegraph, 19
17 March 2020. https://www.gov.uk/ March 2020. https://www.telegraph.co.uk/
government/news/latest-on-eu-negotiations- politics/2020/03/19/would-madness-not-
17-march-2020 delay-post-brexit-transition-focus-coronavirus
GOV.UK PM call with Taoiseach Leo Varadkar: Financial Times EU rejects UK call for rapid
19 March 2020. https://www.gov.uk/ agreement on financial services. FT, 16 March
government/news/pm-call-with-taoiseach- 2020. https://www.ft.com/content/6bc1fab6-
leo-varadkar-19-march-2020 66e2-11ea-800d-da70cff6e4d3
Irish Times EU-UK talks on Brexit process Politico EU wants zero-tariff Brexit deal, but
postponed due to coronavirus. IT, 17 March will fine anticompetitive behaviour. Politico,
2020. https://www.irishtimes.com/news/ 13 March 2020. https://www.politico.eu/
world/europe/eu-uk-talks-on-brexit-process- article/eu-wants-zero-tariff-brexit-deal-fine-
postponed-due-to-coronavirus-1.4204998 anticompetitive-behavior/
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Financial Times Brussels places fishing The Guardian The Guardian view on
rights at heart of draft trade treaty with Covid-19 and Brexit: extend the transition.
UK. FT, 16 March 2020. https://www. Guardian, 18 March 2020. https://www.
ft.com/content/87f19a66-653e-11ea-b3f3- theguardian.com/commentisfree/2020/
fe4680ea68b5 mar/18/the-guardian-view-on-covis-19-and-
brexit-extend-the-transition
The Guardian ‘Not sad to do this job’: the
Merkel ally leading EU’s Brexit team. Guardian, Politico In EU’s retreat, a way forward.
17 March 2020. https://www.theguardian. Politico, 20 March 2020. https://www.politico.
com/world/2020/mar/17/not-sad-to-do-this- eu/article/in-eu-european-union-coronavirus-
job-the-merkel-ally-leading-eus-brexit-team covid19-retreat-a-way-forward-ursula-von-
der-leyen-charles-michel/
European Policy Centre The need for
a longer transition. EPC, 18 March 2020. The UK in a Changing Europe Parliament and
https://www.epc.eu/en/Publications/The- Brexit, March 2020. https://www.ukandeu.
need-for-a-longer-transit-30cc30 ac.uk/wp-content/uploads/2020/03/
Parliament-and-Brexit-report.pdf
The Guardian US trade deal ‘could flood
Britain with toxic cosmetics’. Guardian, 21 Financial Times Brussels rejects UK
March 2020. https://www.theguardian. ventilator claims. FT, 27 March 2020. https://
com/politics/2020/mar/21/campaigners- www.ft.com/content/f9051f66-cfbe-4b36-
fear-us-trade-deal-will-allow-toxic-chemicals- 848e-3980225ae542
in-uk-toiletries
The Guardian The day we stopped
The Federal Trust Cliff Edge or Capitulation? shaking hands – and what that means
The options for EU/UK trade negotiations, 13 for Europe. Guardian, 9 March 2020.
March 2020. https://www.fedtrust.co.uk/ https://www.theguardian.com/world/
cliff-edge-or-capitulation-the-options-for-eu- commentisfree/2020/mar/09/stopped-
uk-trade-negotiations - shaking-hands-european-response-
coronavirus
Politico Video killed the Brexit-negotiating
star. Politico, 16 March 2020. https://www. Financial Times Boris Johnson’s agenda
politico.eu/article/video-killed-the-brexit- is over – a new politics will emerge. FT,
negotiating-star-trade-eu/ 27 March 2020. https://www.ft.com/
content/21672cd6-6ce4-11ea-9bca-
The Telegraph Brexit by the end of the bf503995cd6f
year will protect UK from Eurozone financial
crisis, senior Brexiteers say. Telegraph, 21 The Guardian Brexit threatens UK’s ability
March 2020. https://www.telegraph.co.uk/ to respond to a future pandemic. Guardian,
politics/2020/03/21/brexit-end-year-will- 14 March 2020. https://www.theguardian.
protect-uk-eurozone-financial-crisis-senior/ com/world/2020/mar/14/why-brexit-will-
delay-uk-getting-vaccine-and-cost-more
BREXIT BRIEF 084 | APR 2020BREXIT
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Department of Foreign Affairs and Trade
Statement by the Irish and UK Governments,
20 March 2020. https://www.dfa.ie/news-
and-media/press-releases/press-release-
archive/2020/march/statement-by-the-irish-
and-uk-goverrnments-php
Irish Times The Irish Times view on
Brexit: Delay is almost certain. IT, 19 March
2020. https://www.irishtimes.com/opinion/
editorial/the-irish-times-view-on-brexit-
delay-is-almost-certain-1.4206256
Irish Times Coronavirus: I used to think
Brexit was our biggest crisis. Now I’m
nostalgic for it. IT, 20 March 2020. https://
www.irishtimes.com/life-and-style/abroad/
coronavirus-i-used-to-think-brexit-was-
our-biggest-crisis-now-i-m-nostalgic-for-
it-1.4206086
Tommie Gorman Pandemic is a reminder
we are all in this together. RTE, 29 March
2020. https://www.rte.ie/news/analysis-and-
comment/2020/0329/1127081-sligo-family-
business
Tony Connelly Covid-19: Why the EU
is haunted by the euro crisis divisions.
RTE, 28 March 2020. https://www.rte.ie/
news/2020/0327/1126913-tony-connelly-
analysis-euro-crisis
Further Reading
O’Toole Fintan Three Years in Hell: The
Brexit Chronicles. Head of Zeus.
BREXIT BRIEF 084 | APR 2020The Institute of International and European Affairs (IIEA) is Ireland’s leading international affairs think tank.
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