On May 19th the European Union and the UK at a summit made a series of agreements. The UK government heralds this as a “Reset”. The European Commission have issued a press release, which has been agreed with the UK. The press release covers Defence, Connecting People, Trade and Economics, & internal security and judicial co-operation. I summarise the contents of the communique, highlight and make some comments. …
The press release in Para 2, makes clear that the communique and its consequential programmes and agreements build on the Withdrawal Agreement, including the Windsor Framework, and the Trade and Cooperation Agreement and require their “full, timely, and faithful implementation”. The UK still has some work to do there as the Commission are pursuing a number [8] of infringements by the UK government of the existing agreements. The fact that this is the second paragraph is probably important.
On Security and Defence, the agreement says,
The conclusion of the Security and Defence Partnership reflects this ambition. The Partnership represents a framework for dialogue and cooperation on security and defence. It will help the EU and the United Kingdom boost cooperation in areas such as: supporting Ukraine; security and defence initiatives, including on defence industry; mobility of military materiel and personnel; space security; regular high-level dialogues and strategic consultations; peacebuilding and crisis management; cyber issues; countering hybrid threats and resilience of critical infrastructure.
This requires the UK signing a third country agreement with the EU. So it seems we will have freedom of movement for soldiers and weapons, and while they say that the UK arms industry will be able to participate in the EU’s military budgets acquisitions, it is unclear whether the UK will need to contribute financially to that. I think it’s unlikely that without contributing to the budget the UK will be able to bid for arms contracts funded by the EU, but the document is unclear as is this FT article., which I summarise later. The Economist reports that Britain will have to contribute to the fund.
The comments on cyber issues and countering hybrid threats is interesting as it suggests the EU may be considering how to extend their democracy package to the UK and yet begs the questions of domestic surveillance and the UK’s membership of the five eyes.
The defence treaty also excludes anti-terrorist co-operation; the Europol relationship is dealt with elsewhere in the communique with vaguer statements and commitments.
III. Putting people at the centre of the European Union – United Kingdom relationship
For youth, there will be a move towards a limited visa path for mutual young people’s visits, and further exploration of Erasmus+, the former may get somewhere but the latter is currently just words although they weaken the “Not in my life time” declarations.
All the creatives get is,
The European Commission and the United Kingdom recognise the value of travel and cultural and artistic exchanges, including the activities of touring artists. They will continue their efforts to support travel and cultural exchange.
IV. Strengthening our economies while protecting our planet and its resources
On Electricity
There is an intention to do better, but no measures, but interestingly the agreement states,
20. Regarding its territorial scope, any agreement should be appropriately articulated with the provisions of the Windsor Framework. Any agreement should be based on a balance of rights and obligations and ensure a level playing field. In this context, it should define the relationship between the United Kingdom and European Union rules on the electricity market, as well as on State aid, the promotion of renewables and the protection of the environment, in so far as they relate to the electricity sector.
21. Accordingly, any agreement should include dynamic alignment with European Union rules where relevant, giving due regard to the United Kingdom’s constitutional and parliamentary procedures and respect the role of the Court of Justice of the European Union within an arbitration-based dispute resolution mechanism, and an appropriate United Kingdom contribution to decision-shaping
Others seem to disagree with my pessimism on this.
Agriculture, Fish & Energy
The parties state that they should work towards establishing a Common Sanitary and Phytosanitary Area by way of a European Union-United Kingdom Sanitary and Phytosanitary Agreement (hereafter ‘SPS Agreement’). They also agree a number of guidelines, that they are to be no worse than the EU rules, subject to the Windsor Framework, the |UK concedes dynamic alignment, CJEU supremacy, and a financial contribution to administrative costs and tghe EU agrees pre-legislative consultation,
When one looks at what is said on agriculture and fish, the principle of pre-legislative consultation and agreement for the jurisdiction of the ECJ are both an important precedent and a useful compromise.
Energy/Carbon Trading
Working towards linking Emission Trading Systems of the European Union and the United Kingdom
P34-36 defines the scope, but dynamic alignment, pre-legislative consultation and financial contributions are included, but this is an ambition not an agreement.
Competition cooperation
P47. An ambition, x-ref the TCA, but is this an entry for the DSA? Probably not, but I should have a look at the other treaties because even if this is a gateway to more single market co-operation I suspect that the digital markets are not at the front of their minds.
Business Visitors
.. will set up dedicated dialogues on the implementation of the Trade and Cooperation Agreement, as regards entry and temporary stay of natural persons for business purposes, including the sponsorship scheme, and the recognition of professional qualifications.
V. Internal security and judicial cooperation
49 The European Commission and the United Kingdom believe that there is scope for reinforcing cooperation through quicker, better and deeper implementation of Part Three of the Trade and Cooperation Agreement and by fully exploiting and building on its potential. To improve this cooperation, the European Commission and the United Kingdom should intensify technical work in the Specialised Committee on Law Enforcement and Judicial Cooperation with the aim to further streamline the cooperation on mutual legal assistance. The European Commission and the United Kingdom will also explore opportunities to enhance the timeliness, efficiency and effectiveness of the provisions of Title VII of Part Three of the Trade and Cooperation Agreement.
50. The United Kingdom and the European Commission will take the necessary steps to ensure that the pending arrangements underpinning the cooperation between the United Kingdom and Europol under the Trade and Cooperation Agreement are finalised swiftly.
The United Kingdom and the European Commission will also consider how to increase operational cooperation between the United Kingdom and Europol under the applicable rules, for instance on mutually beneficial exchange of information related to terrorism and other serious crimes.
This section is much x-referenced and this hard to truly understand. My big question is where’s the Charter of Fundamental Rights?
Civil and Commercial,
The European Commission and the United Kingdom note the importance of the positive judicial cooperation in civil and commercial law, including family matters. In this context, they welcome that the Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters will enter into force for the United Kingdom on 1 July 2025.
I am interested how the closer to reality and the single market the proposals are the stronger the UK commitments to dynamic alignment, the CJEU and financial contribution are; it would seem we really are joining one agency/pillar at a time.
The FT say and I agree that,
Labour arguably wasted some of the post-election goodwill it enjoyed last year in Brussels, through the paucity of its own ambition and its manifesto red lines insisting on no return to the EU single market, customs union or freedom of movement. Its new reset at least attempts to push up to the limits of some of those red lines.
so the UK has some work to do there.
First Principles
I reproduce Para 2
2. In order to strengthen the bilateral relationship, we stress the pivotal importance of the two main agreements that underpin our relationship: the Withdrawal Agreement, including the Windsor Framework, and the Trade and Cooperation Agreement. We reaffirm our commitment to their full, timely, and faithful implementation.
Protecting Democracy
I am reminded that CTOE are arguing for the vigorous pursuit of democracy package/shield, ensuring voting rights for all EU citizens, and the combatting of disinformation through regulation and active cyber security measures where we should also have the protection of citizens as its primary goal.
Now some comments,
Nial O’Conlaighe comments on Blue Sky.
Firstly, before the election and in the early months, Labour made key mistakes: the asks were random nonsense, with no rhyme nor reason; adopting the May-Johnson redlines was fatally stupid; and pushing back the summit for 10 months was wasteful.
He gives the deal 4/10 and repeatedly highlights the UK reticence to go further. He predicts that the agriculture deals will take years to finalise but like me highlights the role of the current treaties and the agreements in principle for dynamic alignment, CJEU jurisdiction financial contribution vs pre-legislative consultation. He also identifies the Labour Government as the serious problem to rejoin.
NIall also comments that a failure to address the Lugano convention is an important missed opportunity as it is probably critical to agreeing mutual recognition of professional qualifications, most importantly lawyers. The agreement does note the UK’s ratification of The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019 Judgments Convention) which has a growing number of signatories and contracting parties. It’s important to distinguish between signatories (countries that have signed the convention, indicating an intention to ratify it) and contracting parties (countries that have ratified, accepted, or acceded to the convention, making it legally binding for them). Niall doesn’t think it’s enough.
The Economist comments, “It’s just a start”; but is it not even that as far as I can see.
Sadiq Khan welcome is …
Best for Britain, https://www.bestforbritain.org/uk_eu_deal_historic_moment
EM https://www.europeanmovement.co.uk/key_outcomes_uk_eu_summit
And the LME https://www.labourmovementforeurope.uk/betterdeal?splash=1