Brexit trade talks: “It’s an EU knockout – Barnier reeling”

“We must punch through the EU’s paper bag”

Summary & analysis shows how the EU is having to retrench under the Bulldog’s onslaught

Yesterday marked the end of the final round of the UK-EU trade talks before the initial end-of-June deadline. As usual the end was accompanied by stalemate and with the usual and seemingly-interminable accusations from the EU’s Monsieur Barnier.

Below is our regular summary of the two sides’ closing statements, but we start this weekend with a different perspective for readers.

Brexit Facts4EU.Org Summary

Top UK legal expert does not mince his words

No question of “splitting things down the middle”
EU Commission’s approach is “an erroneous EU thought experiment”
“At odds with the fundamental international law right of the self-determination of peoples”
“Contrary to international practice on trade agreements”
“An extraordinary and unprecedented suggestion - even a hostile one”

Brexit Facts4EU.Org spoke to a senior and highly-experienced lawyer in matters of EU law, whose work has already informed the Government’s approach in certain areas. He has written many scholarly works on Brexit, its implications and possible strategies, and in addition advises many corporate clients regarding the EU.

Brexit Facts4EU.Org Summary

Top lawyer tells Brexit Facts4EU.Org it’s about “punching through the EU’s paper bag”

“The negotiations are taking an absurd turn. This isn't a question of splitting things down the middle. It's a question of punching through the paper bag containing an erroneous EU thought experiment.
“The UK has opted to leave the EU and the EU has recognised that fact, acknowledging in Article 4 of the Political Declaration that any future arrangements must respect UK sovereignty. The EU is instead putting a construction on the Political Declaration that achieves nothing of the sort, and would involve one party, the UK, agreeing to the other party's (the EU's) laws and court system.
“This is at odds with the fundamental international law right of the self-determination of peoples, is contrary to international practice on trade agreements and is at root an extraordinary and unprecedented suggestion - even a hostile one.
“This can hardly be described as a 'negotiating position'. It conflicts with the exit procedure for the UK leaving the EU contained in Article 50 itself.”

Editorial note: We benefit from the thoughts and advice of this top UK and EU lawyer on the basis of anonymity. In this way we can bring readers a genuine viewpoint, rather than one which is ‘massaged’ or ‘nuanced’ because of commercial and other sensitivities.

What does David Frost, “Boris’s Bulldog”, think?

As ever David Frost, who heads up the UK negotiating team, did not waste much time on dressing up his views of the lack of progress from this week’s talks. Here is what No.10 sent to us yesterday afternoon. Mr Frost’s assessment took just 222 words so we re-publish it in full:-

Brexit Facts4EU.Org Summary

David "The Bulldog" Frost lays it it out very simply

“We have just completed our fourth full negotiating round with the EU, again by video conference. It was a little shorter than usual and more restricted in scope. We continue to discuss the full range of issues, including the most difficult ones.

“Progress remains limited but our talks have been positive in tone. Negotiations will continue and we remain committed to a successful outcome.

“We are now at an important moment for these talks. We are close to reaching the limits of what we can achieve through the format of remote formal Rounds. If we are to make progress, it is clear that we must intensify and accelerate our work. We are discussing with the Commission how this can best be done.

“We need to conclude this negotiation in good time to enable people and businesses to have certainty about the trading terms that will follow the end of the transition period at the end of this year, and, if necessary, to allow ratification of any agreements reached.

“For our part we are willing to work hard to see whether at least the outline of a balanced agreement, covering all issues, can be reached soon. Any such deal must of course accommodate the reality of the UK’s well-established position on the so-called “level playing field”, on fisheries, and the other difficult issues.”

And here are the thoughts – very lengthy as usual – of Monsieur Barnier

This time Monsieur Barnier managed to restrict himself to fewer words than on previous occasions. He limited his statement to just 1751 words – only eight times longer than that of his counterpart David Frost.

Brexit Facts4EU.Org Summary

Mr Barnier's long statement yesterday

Barnier mentioned the word “trade” just once – in the context of “level playing field”
He did not mention the word “business” at all
These are supposed to be trade talks
The vast, vast majority of Monsieur Barnier’s statement had absolutely nothing to do with trade

Readers can access Michel Barnier’s statement in full here.

Observations

In all the countless articles over many months about these ‘trade talks’ by commentators in the mainstream media, we have not yet seen any suggestion that it’s high time Monsieur Barnier were encouraged to return to his native Savoie region of France and spend time communing with the mountains in which he loves to walk.

The appalling UK negotiator appointed by Theresa May – over the heads of Secretary of State for Brexit David Davis and Brexit Minister Steve Baker – was Olly Robbins. This Remainer civil servant has subsequently secured extremely gainful employment at Goldman Sachs where he will soon take up his position as Managing Director in the Investment Banking Division.

So, yesterday's man from the Theresa May years of failed Brexit negotiations has gone.
But what of yesterday's man on the EU's side?

Barnier was the EU’s Chief Negotiator for the disastrous years of Mrs May’s premiership. In those years Mrs May was busy giving way on almost everything and she ended up with the infamous Withdrawal Agreement – something which no world leader should have even remotely considered signing.

Now we are where we are, but our question is simple.

When will the EU put Michel Barnier out to grass?

It is now very clear to us that Michel Barnier is yesterday’s man. Each time we listen to him it feels like we’re hearing the proverbial broken record. He seems incapable of realising that he is no longer negotiating with May’s Muppets, but with Boris’s Bulldog, David Frost. He seems far more comfortable talking about political issues than about trade issues.

These talks are about trade - or perhaps we should say that they are supposed to be about trade. A goods trade surplus of over £110 BILLION in the EU’s favour in 2019. If Barnier can’t understand trade, he should stand aside in favour of someone who can.

That said, finding someone in the ranks of the highly-paid EU Commission to replace him who has any direct experience of trade or business could be a real problem…. Surely, though, anyone is now better than Barnier?

If you enjoyed our different take on the UK-EU trade talks this week, and if you value freedom and democracy, might we ask you to donate something today, to keep us going? It’s very quick and safe, and the links are below.

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[ Sources: Confidential legal source | No.10 press office | EU Commission ] Politicians and journalists can contact us for details, as ever.

Brexit Facts4EU.Org, Sat 06 June 2020

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Reader Comments 18

1. A. F. Fanculo , Saturday, June 06, 2020, 06:42:

BARNIER--'This is not right, there has been no progress in the latest round of talks, the Brits are not hearing my arguments and are not giving in to our demands as we expect them to'. Merde!!

2. Peter Gardner , Saturday, June 06, 2020, 07:37:

WELL DONE MR DAVID FROST AND THE TEAM

3. Kenneth P , Saturday, June 06, 2020, 07:40:

Don’t have a clue why we are even talking to them. We have been doing this for four long years now and paying into their fund all the time. Leave under WTO, pay them sweet fa and then talk that might then get their attention.

4. Ricky L , Saturday, June 06, 2020, 07:44:

Believe it when it's finally done 🤔

5. Dnalrehtus , Saturday, June 06, 2020, 07:50:

Ricky L Ditto..

6. Ashley Great Britain , Saturday, June 06, 2020, 08:31:

To the EU its not about trade,Its political. They always refer to the political declaration that mrs may had a hand in constructing. They think they have us over a barrel with that.
Their whole aim is to tie us down to subservience.
They still believe the UK will never leave under WTO rules and they'll use the rest of the year to pound us.
The UK team must remain stead fast in fully removing us from the EU. We must be free in every way.
We are watching intently.

7. Sydney Ashurst , Saturday, June 06, 2020, 08:33:

Barnier keeps referring to the Political Declaration and suggesting the UK is not abiding by it. I never read it until now. It is not legally binding.
UK to be an independent coastal state. New fisheries agreement on access and quota shares. Aim to ratify new fisheries agreement by 1 July 2020 so that it can be used to determine fishing opportunities for the first year after transition. (looks as though this has gone out of the window)
Fishing was well and truly covered yesterday. Under International law EU member States have no right of access to our EEZ. We leave the CFP.
Changes from May's deal - No longer any commitment to build on the level playing field arrangements provided for in the Northern Ireland protocol; instead both parties commit to upholding existing standards at the end of the transition period. Rather than the “dynamic alignment” suggested previously.
Trading relationship on goods envisaged to be "ambitious", rather than "as close as possible". Now stresses that this would be "on the basis of a free trade agreement".
No mention of the "single customs territory" provided for in the Withdrawal Agreement.

8. Fredo, from one of the Shires , Saturday, June 06, 2020, 09:15:

Thanks Facts4EU another great perspective on everything as usual. I particularly liked the legal expert's comments.
Have just sent you a small donation, hope it helps.

9. James Bertram , Saturday, June 06, 2020, 09:15:

The question remains - can Boris be trusted?
Note how he sold out Northern Ireland when convenient; how they gave away £39 billion just to 'talk'. And that Treasonous Theresa is still an MP - which says it all about the Tory Party. Too, note how Bedwetter Boris loses his principles and folds when the pressure is on.
Like others here, I'll believe we'll walk away from a bad deal only when I see it - WTO has been the way to go for many years now.
Let's get it done.

10. Essex Brexiter , Saturday, June 06, 2020, 09:41:

Barnier had his negotiating mandate confirmed by the fishing nation states of the EU last week.Those states want the status quo on fishing to remain,even though the UK is leaving their organisation.Any deal negotiated by Barnier which does not include those current fishing rights
currently held by EU member states,will be vetoed by either the EU Parliament or one of the fishing countries.There can be no compromise from Barnier, so WTO trading terms with the EU will be the order of the day after 31st December 2020. Likewise the "level playingfield" proposals from the EU,these are not trade negotiations, more trying to convert the UK to a vassal satellite state,which mirrors EU tax and regulations and poses no economic threat to the EU project.The losers in all this will be the EU,already trade between the block and the UK is down more than 11%,as UK consumers vote with feet on buying EU goods.As foreign non EU country exporters open up other supplies into the UK market as competition to current EU suppliers.

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