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The European Parliament on Wednesday overwhelmingly adopted tough "red lines" for negotiations over a Brexit deal, on which EU lawmakers will have the final say in two years' time.
The parliament largely followed EU President Donald Tusk's draft guidelines issued last week after British Prime Minister Theresa May formally triggered the historic Brexit process.
But they omitted any mention of the flashpoint issue of Gibraltar, unlike Tusk's guidelines which said that Spain should have the final say over whether any eventual trade deal applies to the British outcrop.
The Strasbourg-based parliament is the first EU institution to formalise its stance on the Brexit talks, passing the resolution by 516 votes for, 133 against and 50 abstentions.
"You will set the tone for Britain," the bloc's Brexit negotiator Michel Barnier told MEPs just before the vote.
The text insists that Britain must first make "substantial progress" on divorce terms -- the rights of three million EU citizens living in Britain, the exit bill and the fate of the border in Northern Ireland -- before striking a trade deal with the union.
It says that MEPs are prepared to accept a transitional deal to ease the effect of Britain's exit from the EU's single market in 2019, but that it should be limited to three years.
Barnier said the message on phased negotiations should be that "the sooner we agree the principles of an orderly withdrawal, the sooner we can prepare our future relations in trade."
The EU has rejected May's call in her letter for talks on the terms of the divorce and on a future trade deal to be held in parallel during the two years of negotiations ahead of Britain's exit in March 2019.
European Parliament President Antonio Tajani called for MEPs to be fully consulted on the negotiations, given that they must ratify the eventual agreement.
"I would like to recall that any possible final deal must be cleared by this house," he said.
The remaining 27 EU countries will rubberstamp Tusk's guidelines at a summit on April 29, paving the way for Barnier to begin formal negotiations with Britain at the end of May.
Barnier wants a draft deal by October 2018 so that national leaders will have time to approve it before a ratification by the European Parliament, most likely in early 2019.
The resolution won the backing of all the major groups in the parliament, from the conservative European People's Party (EPP), the biggest bloc, to the Socialists and Democrats alliance, as well as the ALDE liberals, the Greens and the leftist parliamentary group GUE.
Parliament's Brexit negotiator Guy Verhofstadt said it was "key to have a united European Parliament together with the EU negotiator and the European Council," the forum for member states.
The EPP's leader, Manfred Weber of Germany, told the assembly that "we want a fair and constructive atmosphere," but warned that Britain cannot get a better deal by leaving the bloc, instead of staying inside.
The Brexit talks have already got off to a difficult start after London was alarmed by a clause in the Tusk guidelines saying Spain had to be consulted on any post-Brexit trade deal that affects Gibraltar, a British territory since 1713.
But no reference to Gibraltar was contained in the adopted resolution.
Besides Gibraltar, Brexit champion Nigel Farage compared the EU to the "mafia" that was taking the EU "hostage" by demanding a multibillion-euro exit bill.
Several MEPs jeered Farage over the comments, and Tajani, who is from Italy, called his mafia remarks "unacceptable." In response Farage fired back: "I do understand national sensitivities. I will change it to gangsters."
But Verhofstadt, a former Belgian premier, predicted that a future generation of young Britons would seek to rejoin the European fold.
That generation will "see Brexit for what it really is, a catfight in the (British) Conservative party that got out of hand."
The City of London is exploring alternative ways to access EU markets after Brexit, should a political deal prove elusive or only apply to certain financial sectors.
Lawyers are combing through existing agreements that could allow UK-based firms to strike trading deals on a firm-by-firm basis or even for individual lines of business.
Jonathan Herbst, the global head of financial services at the law firm Norton Rose Fulbright, said companies could volunteer to be subject to EU rules in order to gain market access.
“Think of it a bit like a manufacturer from a third country who wants to sell goods in EU markets,” said Mr Herbst. “If you want in, then you have to sign up voluntarily to meet all the packaging, labelling and product safety standards.”
So-called voluntarism already exists on a piecemeal basis in financial markets.
Britain, for instance, has what is known as the “Overseas Persons Exclusion” which allows individual foreign firms to gain unregulated access to UK markets so long as they are not physically present in the country, abide by certain rules and deal only with institutional clients.
There are also wider sectoral arrangements sanctified at a regulatory level, such as the US Foreign Boards of Trade rules through which the derivatives regulator, the CFTC, permits foreign exchanges to do business with American investors.
To opt in, participating exchanges must consent to US legal jurisdiction for their American activities. They must also be certified to be in good standing by their home country regulators.
After Brexit, UK-based firms could strike access deals directly with EU countries, which would be cemented by agreements between regulators over standards. Mr Herbst said a key advantage was that this would bypass the need for a political deal, or new primary legislation.
“As the negotiations get under way in Brussels we have to examine all options,” said David Buik, a market commentator at the brokerage Panmure Gordon. “This is something we should definitely look at as part of that debate.”
Many of the building blocks are already in place that would make it possible for UK based firms to bind themselves to follow EU standards even if no industry or sector-wide deal was in place, Mr Herbst argued.
Regulators already collaborate extensively across borders, from simple agreements that recognise each other’s standards in specific areas to formal “colleges”, where they share certain supervisory powers.
Some EU countries, such as Ireland, have legislation that gives non-EU firms the ability to deal with local customers similar to the UK’s Overseas Person Exemption. Germany’s Bundestag is presently considering a regime that would give bank traders access to its markets.
Voluntarism is seen by some as potentially a more flexible alternative to “equivalence” as a way to mimic the access conferred by EU passports.
City lobbyists have been pushing equivalence — a legal concept embedded in some but not all EU financial legislation — because it allows firms from markets deemed to have equivalent regulatory standards to trade freely with each others’ customers under their home country’s laws and regulations.
Voluntarism may not deliver the same uniform type of access, not least because many deals might be struck on a country-by-country basis with member state regulators. But it also has advantages.
One is that it may require less political heavy lifting than a formal EU-wide equivalence declaration, thus making it easier to deliver swiftly in practice. Another is that it could be less vulnerable to sudden revocation. EU law specifies than equivalence can be withdrawn at 30 days’ notice.
Mr Herbst points out that it would also get round the UK’s concern about regulatory sovereignty because it would not require the whole rule book to be deemed “equivalent” to that of Brussels after Brexit. “So you can have your own rules designed for domestic markets and those who want to trade primarily with the rest of the world,” he said.
But there are questions about how widely applicable voluntarism might be as a solution. One issue is enforcement. “Voluntarism is an interesting idea and worth exploring,” says Barney Reynolds, head of financial institutions at Shearman & Sterling. “But the idea of signing a contract to submit to EU jurisdiction does raise questions about how EU rules would actually be enforced if there were a breach.”
Mr Herbst conceded that much depends on regulators being willing to be part of a “coalition of the willing”. The system only works if a watchdog in one country is prepared to oblige the firms it regulates to obey another watchdog’s rules. Nicolas Véron of the Bruegel Institute sees the potential for clashes between EU regulators and national authorities.
“You could have different national authorities taking different stances on access which could cause a big fuss with the European Securities and Markets Authority,” he said. “Similar issues arise when it comes to the power of recognition — is the signing of deals with the UK a matter for national authorities or is it something that should happen at the EU level?” he said.
As Britain embarks on withdrawal negotiations, many bankers continue to pin their hopes on obtaining some form of deal over equivalence that will allow them to continue serving EU clients primarily out of London.
But Mr Herbst thinks that banks need to look beyond all-or-nothing answers. “There may not be an all-singing, all-dancing solution,” he said. “But a surprising amount could be achievable through small voluntary steps.”
UK should re-run Brexit referendum, general secretary of Germany's SPD saysBritain should hold a second European Union referendum now that it is clear what Theresa May's plans for Brexit are, the general secretary of the German SPD has said.
The party's leader Martin Schulz is running Angela Merkel close in recent polls
By Jon Stone | Thursday 13 April 2017
Katarina Barley alongside party leader Martin Schulz in Berlin
SPD leader Martin Schulz could potentially be Germany's next Chancellor, with polls showing him roughly neck-and-neck with centre-right CDU leader Angela Merkel for the September 2017 contest.
Now Katarina Barley, Mr Schulz's top colleague, has called for the Brexit referendum to be re-run.
“When the referendum was held, nobody really knew what it would be about — not the British people, not even the political class,” Ms Barley told the Politico website.
“A lot of people wrongfully thought that Britain could get a deal like Switzerland or Norway without the inconveniences, without accepting the rulings of the European Court of Justice, without free movement of labor. Now they know that this isn’t the case … and they should be asked [to vote again] on this.”
Mr Schulz himself, a former president of the European Parliament, has said he will defend the interests of European citizens during the Brexit process.
Since the start of March this year most pollsters have showen both the CDU and centre-left SPD with just over 30 per cent each, with neither of the two parties opening up a commanding lead.
Whoever wins Germany's 2017 federal elections will get to exercise a powerful qualified majority vote on the final Brexit deal at European Council.
The victor will also likely be able to vote any future separate trade deal with Britain.
http://www.independent.co.uk/news/u...nedum-spd-germany-martin-schulz-a7682706.html
Liam Fox Fights EU Attempts to Limit U.K. Trade Powers Before BrexitThe U.K. is battling to stop the European Union blocking Prime Minister Theresa May’s drive to forge new trade partnerships as the country prepares for Brexit.
by Tim Ross | April 13, 2017
International Trade Secretary Liam Fox is challenging the attempt to lock the U.K. out of the bloc’s ongoing trade talks. He’s also opposing efforts to limit Britain’s power to negotiate commercial accords with other countries before Britain leaves the EU.
EU officials are reportedly pushing for the U.K. to be cut out of sensitive discussions because they are worried confidential information on trade deals would help May’s team negotiate favorable terms with the same countries after Brexit. At the same time, Britain has been warned it can’t line up its own free-trade agreements with non-EU nations until it has formally left the bloc in 2019.
In an interview with Bloomberg, Fox hit back on both points. He insisted he has “certainly got greater freedom” to hold trade talks with other countries now May has formally triggered the Brexit process. And he declared Britain cannot be kept out of the EU’s internal trade discussions while still a member of the bloc.
“We are a full partner in the EU until we leave and intend to play our full role,” Fox said. “Clearly when the EU is discussing the U.K., that’s a matter for the 27 and not the U.K. but we intend to exercise our full legal rights as one of the 28 members until such time as we stop being a member.”
Flash Point
The question of third-country trade deals is a new flash point, with the EU and U.K. already at odds over the structure of the upcoming talks and the size of any exit bill. Such rows have sparked fears that the U.K. and EU won’t reach an amicable divorce settlement and agree new terms for future trade in the tight, two-year window available for talks.
The European Commission warned last month there would need to be “a discussion about the treatment of sensitive information in the context of certain trade negotiations, which the U.K. would continue to have access to while it remained a full member,” the Financial Times reported.
EU officials are concerned that by participating in conversations about talks with countries such as Australia, the U.K. might glean confidential information it can use itself when it tries to win post-Brexit accords.
In the interview, Fox said Britain wanted its own deal with Australia and would not give up its right to see the EU’s private trade plans. “We think that the U.K. is a key liberalizing influence, and certainly from discussions I’ve had other countries welcome us continuing to play that role right until we leave the EU itself,” he said.
Now that Article 50 has been triggered, and Britain is clearly on the legal exit path, there is no reason not to start talks with other countries about future trade agreements, he added.
“We’ve certainly got greater freedom now that we are in the process of leaving,” he said.
“Obviously we can’t sign any agreements while we are still members legally of the European Union but we can certainly begin to talk about what we want.”
https://www.bloomberg.com/politics/...empts-to-limit-u-k-trade-powers-before-brexit
Legally, it is obvious that Fox is just plain wrong.
I understand that the UK would rather not be bound by rules of a bloc it will not be part of in the future, but how can they expect goodwill and cooperation when they openly defy those rules?
Anders Vistisen, of the Danish People’s Party, hammered Brussels for jeopardising Britain’s special relationship with the rest of Europe with its hard-line stance ahead of exit talks with Theresa May.
The Danish MEP added all the underlying issues which sparked the UK’s departure from the bloc were still looming and Brexit was merely a symptom of a larger issue in the union.
Speaking exclusively to Express.co.uk, Mr Vistisen said: “It’s like this immature kindergarten at times in the European Parliament.
“They’ve had almost a year to adjust to the situation, that Britain is leaving the European Union but it seems like it’s still week two after the Brexit referendum.
“We hear all these things about Britain cannot have a good deal and we are united against Britain, it’s wrong from one end to the other.
“All the underlying issues that persuaded the British population to leave, are still there.”
Taking a swipe at Brussels leaders, Mr Vistisen added: “We still have problems with freedom of movement, we still have problems with a union that’s not functioning, we still have problems with all these federalist tendencies that exist in the European Union.
“We still have all these underlying issues. Brexit is the symptom, not the illness of the European Union crisis.”
The Danish MEP also took the EU to task, as he said the only thing the eurocrats would achieve if it tried to slap the UK with a bad deal, is to pave the way for other members to leave.
He said: “And all this talk about thinking you can discourage other people from leaving by punishing a country which chose to leave, I think will only give a greater resolve to people who already think the European Union is a failed project.
“That sentiment is why I think it is very difficult to take the European Parliament seriously in these negotiations if they don’t get a bit more realistic about their role and a bit more constructive in thinking about how do we shape a good future relationship with Britain.
“We are spending way too much time talking about the Brexit negotiations, they are important but the most important thing is what about the future? How are we shaping a reality where we can still be good friends, neighbours, allies?”
Mr Vistisen also urged the bloc to see sense and reconsider using Brexit as an excuse to push for a common EU army as he said it would be a “bad signal” to send to Europe’s allies.
He added: “Especially on the security front, I think we are jeopardising a very special relationship with the Britain.
“Britain is the biggest security guarantor in Europe and Britain and America have been the transatlantic link in Nato. All these ideas of a common European army is to a certain extent a very bad reaction to Brexit.”
The Danish MEP said there was a growing concern leaders in Brussels could scupper negotiations with Mrs May to further its own agenda.
“From central Europe to Scandinavia - we like our… good relations with Britain in regards to security,” he said.
“We like our good relations with the Americans so we are very afraid of a European army being pushed in the aftermaths of Brexit.
“I think it would be a very damaging situation when we have a very unstable situation in the middle east, a very aggressive Russia on our frontiers.
“It is a very bad signal to send to our Nato allies, and more importantly our allies in the UK, Canada and US, but also countries such as Norway who are in Nato but outside the EU.”