Brexit: EU, Britain say ball is in the other's court
October 9, 2017
Six months of Brexit negotiations have passed with little progress. With British Prime Minister Theresa May due to address parliament, both sides have now said that the other is responsible for making the next move.
Theresa May told the British parliament on Monday that a new agreement "will require leadership and flexibility, not just from us but from our friends, the 27 nations of the EU," adding that "the ball is in their court."
Key points from the speech:
- Britain will not be a member of EU institutions during the two-year "implementation" period after it leaves the union on March 29, 2019, but it will retain access to the EU single market until the implementation period is over.
- Both sides can only resolve the problem of how much Britain owes the EU if they consider the future EU-UK relationship after the implementation period.
- Britain will not revoke Article 50, which would stop the Brexit talks and keep Britain in the EU.
- Government ministries have been preparing "for every eventuality," a hint that Britain could accept leaving the EU without a deal.
But before May had given the speech, European Commission spokesman Margaritis Schinas had told reporters in Brussels that "there has been so far no solution found on step one, which is the divorce proceedings."
"So the ball is entirely in the UK court for the rest to happen," he said.
May outlines 'unique and ambitious' EU partnership
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Phase one troubles
The EU has repeatedly said that both sides can only discuss a new partnership agreement – which is expected to include a new EU-UK trade deal – after "sufficient progress" had been made on Britain's exit from the union.
The first four rounds of negotiations have so far focused on three major exit issues:
- How much Britain owes the EU
- The status of the border between the Republic of Ireland and Northern Ireland
- The rights of EU citizens in Britain and British citizens in the EU after Brexit
British leaders have criticized the EU for demanding a strict division in the talks, saying agreements on specific exit issues depend on whether both sides can agree on the terms of the post-exit partnership. But EU leaders have so far resisted that call.
Initial plans to complete phase one by mid-October have looked increasingly unrealistic after talks during the summer failed to achieve much progress.
Margaritis Schina refuted May's claim that the EU would need to make the next moveImage: Imago
The will to compromise
Both sides have indicated they may compromise to avoid Britain exiting the EU without any final deal.
She also said London would pay any outstanding amount it owed to Brussels, but did not say how much she thought the bill should be. Both sides have clashed on how to calculate the final exit bill.
Speaking to the Guardian newspaper on Monday, Danish Foreign Minister Kristian Jensen called on Britain and the EU to be flexible, saying "this will never be a 100 percent win for one side or the other side. This will be a political compromise."
Brexit: Lack of progress
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All eyes on Brussels
EU leaders are set to meet in Brussels for a summit on October 19-20 wherethey will formally decide whether "sufficient progress" has been made to open up phase two negotiations.
With six months of the two-year negotiating period already up, officials and business leaders have become increasingly worried that both sides may not agree to a final deal in time.
May, however, struck a confident tone during her speech on Monday, telling MPs: "I believe we can prove the doomsayers wrong."
Brexit negotiations: What are the key issues?
Brexit talks began in June and both sides have been frustrated at the lack of progress. DW has taken a look at key issues being debated in Brussels as the clock ticks toward Britain's scheduled departure in March 2019.
Image: picture-alliance/dpa/o. Hoslet
Two phases
EU leaders agreed to negotiating guidelines during a summit in April 2017 that divided the divorce talks into two phases. Phase I, in which both sides aimed to settle the basic terms of Britain's departure, started in July and ended with an agreement on "sufficient progress" in December. Officials are now holding Phase II negotiations on the post-Brexit relationship between Britain and the EU.
Image: Reuters/File Photo/Y. Herman
The "Brexit Bill"
London agreed to a formula for calculating what it owes in its "divorce bill" to the EU in early December after months of haggling by British officials. The current EU budget expires in 2022 and EU officials have said the divorce bill will cover financial obligations Britain had committed to before triggering article 50. The final bill will reportedly total around £50 billion (€67 billion).
Image: picture-alliance/empics/D. Martinez
Citizens' rights
Both sides agreed in early December that the 3 million EU citizens currently in Britain and the 1.1 million British citizens in the EU keep their residency rights after Brexit. British courts will have immediate jurisdiction over EU citizens living in Britain. But the EU's highest court, the ECJ, can hear cases until 2027 if British judges refer unclear cases to them.
Image: picture-alliance/dpa/B. Smith
The Irish border
Britain and the EU also agreed in December that no border checks between the Republic of Ireland and Northern Ireland would return post-Brexit. How feasible the commitment will be is unclear, as Britain's commitment to leaving the EU Single Market and Customs Union makes it difficult to avoid customs checks at the Irish border.
Image: Reuters/C. Kilcoyne
Transition period
Theresa May envisages a two-year transition period after March 2019. Both sides still have to hash out the details of the transition period in Phase II, including the exact end-date, whether new EU laws passed during the period will apply to Britain, and whether Britain can negotiate its own free trade deals. British officials hope to agree on the terms of the transition by March 2018.
Image: Imago
Trade
May has repeatedly said Britain will leave the European Single Market and the EU Customs Union. Leaving both could disrupt British-EU trade, but allow Britain to negotiate its own free trade deals and restrict EU migration — key demands by pro-Brexit politicians. London has said it wants to negotiate a new EU-UK trade deal during Phase II to minimize trade disruption before March 2019.
Image: Picture alliance/empics/A. Matthews
Immigration
Britain has also vowed to restrict EU migration into Britain after Brexit. However, some British lawmakers are wary that a sharp drop in immigration could lead to shortfalls in key sectors, including health, social care and construction. The EU has warned that Single Market access is out of the question if London decides to restrict the ability of its citizens to live and work in Britain.
Image: picture alliance/PA Wire /S. Parsons
Security
Recent terror attacks across Europe including a string in Britain underline both sides' support for continued security cooperation after March 2019. But access to EU institutions such as Europol and programs such as the European Arrest Warrant require compliance with EU laws. Whether Britain will still be compliant after it leaves is unclear.
