Brexit deadlock: EU members asked by Brussels to
think again on fishing offer
France and Denmark thought to be most cautious about
budging from current demands on fish caught in British waters
Daniel
Boffey in Brussels
Tue 22 Dec
2020 10.25 GMT
EU member
states with the largest fishing fleets are being asked by Ursula von der
Leyen’s senior team to rethink their “final offer” after Downing Street made a
significant move to break the Brexit deadlock.
France and
Denmark are understood to be the most cautious about making a counter-proposal,
budging from their current demand that their vessels lose only 25% by value of
the fish they catch in British waters.
The
European commission president spoke by telephone to Boris Johnson on Monday
night to discuss a way forward, with Von der Leyen said by EU sources to be
determined to find a landing zone for a deal.
Behind-the-scenes
discussions were ongoing on Tuesday morning between the commission president’s
most senior aides and the EU capitals most affected by the changes to fishing
arrangements brought by Brexit.
According
to EU sources, under a proposal tabled on Monday afternoon by the UK’s chief
negotiator, David Frost, the British demand for a 60% reduction in the catch by
value in British waters has been reduced to 35%, far closer to the 25%
reduction that Frost’s EU counterpart, Michel Barnier, had said he would be
prepared to accept.
Boris
Johnson has suggested a five-year phase-in period for the new arrangements – up
from his initial offer of three years – with a compromise also likely on the
application of tariffs or export bans on goods where fishing access changes
after the phase-in period, it is understood.
Where the
quota share is reduced in the future, an independent arbitration panel will
deduce the cost and allow either side to levy tariffs on goods or seek
compensation.
According
to sources briefed on the terms, there will also be a termination clause should
the reduction in access be judged to be egregious, opening up a fresh
negotiation on all aspects of the trade deal. UK sources declined to comment.
EU sources
said the offer was not in itself enough for a deal to be brokered but that if
France and Denmark could be convinced of the merits of further talks, it could
lead to a last feverish period of negotiation.
The EU side
will want a slightly longer phase-in period for changes to quotas and there are
concerns over the remedies proposed for when European vessels lose out.
The
negotiators are now running out of road with just nine days before the UK
leaves the EU’s single market and customs union, with or without new trade and
security arrangements in place.
The
European parliament has already said it is too late for it to hold a vote of
consent on any deal. The member states would probably seek to “provisionally
apply” the deal on 1 January, with MEPs voting later in the month.
But this
process also takes a number of days, given the need for legal scrubbing,
translation and scrutiny by the governments. Should the talks go beyond 23
December, there may be an unavoidable period after 1 January where there is a
no-deal outcome. Contingency measures could be negotiated to avoid the worst
impacts but it would leave exporting businesses, ports and security services in
a legal limbo.
Senior MEPs
were advised on Monday by the European parliament’s legal service that it might
be possible to extend the transition period through a new treaty. But asked on
Tuesday morning if there was any temptation to seek an extension to the Brexit
transition period, the home secretary, Priti Patel, said: “No, there is not.”
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