UK likely to end up with Canadian-style deal, warns Michel Barnier

Post-Brexit trade arrangements with the EU will be very different from now and will take years to agree, says EU chief negotiator

EU's chief Brexit negotiator, Michel Barnier (Photo: BBC)
EU's chief Brexit negotiator, Michel Barnier (Photo: BBC)

The EU’s chief negotiator, Michel Barnier, warned that Britain might expect a trade deal little better than the one the EU struck with Canada.

Barnier added that even that would take years to negotiate, despite Theresa May’s claims to the contrary.

Barnier said that he could envision a short transition period being agreed between the UK and the EU before March 2019, to ease the UK’s exit from the bloc, but it would require the British government to accept the continuation of EU law and the jurisdiction of the European court of justice.

A future trade deal, however, would have to be negotiated over “several years” and “will be very different” from the status quo, Barnier said.

“If we reach an agreement on the orderly withdrawal of the United Kingdom, such a [transition] period, both short and framed, is possible,” he said. “To my mind, it makes sense that it covers the financial period, so until 2020. It would leave us more time to prepare for the future relationship.

“But I insist on one point: such a period would be possible only if it is framed by the maintenance of all of the regulatory architecture and European supervision, including jurisdictional. It would maintain the economic status quo and all obligations of the UK.”

“From the moment the UK told us that it wants out of the single market and the customs union, we will have to work on a model that is closer to the agreement, which was signed with Canada.

“The single market is a set of rules and standards and is a shared jurisdiction. Its integrity is non-negotiable, as is the autonomy of decisions of the 27. Either you’re in or you’re out.”

The deal struck between the EU and Canada, known as the the Comprehensive Economic and Trade Agreement (CETA), lifts 98% of tariffs on imports between the two parties; a significant move towards freer trade.

It does not, however, significantly reduce non-tariff barriers for trade and traditional rules-of-origin regulations would apply for the UK’s exports to the EU, under such a deal.

If the non-EU import content of a UK export was too high, for example, there would be a loss of duty-free access for particular sensitive industrial goods, notably cars. A lack of regulatory harmonisation for medicines, automobiles and aircraft equipment would also require products being checked at the border.

A deal similar to CETA would furthermore offer little to the UK’s vital financial services sector post-Brexit, when businesses located in the City will lose their automatic right to offer their services across the EU.

Barnier said of the negotiations over the future that they would be highly complex and would take many years before they could be put to the national parliaments for ratification.

He said: “The two phases are difficult. The second will be very different and will last several years. It is truly unique because instead of promoting regulatory convergence, it will aim to frame a difference. It will involve risks, including about its political ratification, making all the more necessary transparency around these topics.”

Barnier’s comments appeared to contradict the prime minister’s claims in the House of Commons on Monday that the details of a future trade deal would be settled before the UK left the bloc.

May has insisted that this will be necessary to allow the implementation in changes to customs controls, for example, in the two years directly after March 2019.

The prime minister suggested, in her Florence speech in September, that a deal between the UK and the EU would be far more advanced than that struck with Canada, claiming that such a deal “compared with what exists between Britain and the EU today would represent such a restriction on our mutual market access that it would benefit neither of our economies”.

“Not only that, it would start from the false premise that there is no pre-existing regulatory relationship between us. And precedent suggests that it could take years to negotiate. We can do so much better than this,” May added.

However, Barnier appeared to offer the British government little hope of such an advance on the Canadian deal being possible, although he acknowledged his team was working on the details of an exit treaty.

He said: “The strategic interest of our continent is to partner with this very large country with a permanent seat on the United Nations security council. But this is not a reason to undermine the single market.”

Of a no-deal scenario, Barnier said: “We do not want it at all, but we do not exclude any option. Such a scenario would cause us problems, and much larger [ones] in the UK.

“I will give you some examples. In London, to leave the Euratom treaty without an agreement would mean immediate problems for the import of nuclear material, whether for nuclear power plants or hospitals.

“That would mean leaving the single European sky agreement, and no longer being able to mutually recognise pilot qualifications or get take off or landing clearance. And what would happen to the food products imported into the United Kingdom? There would immediately be customs controls, perhaps taxes. That’s why I want a deal.”