The Future Relationship with the EU - The UK’s Approach to Negotiations
Thursday 27 February 2020 AEFR Visit source websiteIntroduction
1. On 31 January 2020 the United Kingdom left the European Union
and the Withdrawal Agreement concluded with the EU entered into
force.
2. On 31 December 2020, at the end of the transition period
provided for in that agreement, the UK will fully recover its
economic and political independence. The UK will no longer be a
part of the EU Single Market or the EU Customs
Union.
3. Against that background, this paper sets out the UK’s approach
to the negotiations with the EU that will begin shortly. It does
not deal with issues relating to the implementation of the
Withdrawal Agreement.
Overall policy framework
4. The vision for the UK’s future relationship with the EU has
already been set out, successively, in the manifesto on the basis
of which the Government won the 12 December 2019 General Election,
and, subsequently, in the Prime Minister’s speech in Greenwich on 3
February and his written Ministerial statement on the same
day.
5. It is a vision of a relationship based on friendly cooperation
between sovereign equals, with both parties respecting one
another’s legal autonomy and right to manage their own resources as
they see fit. Whatever happens, the Government will not negotiate
any arrangement in which the UK does not have control of its own
laws and political life. That means that we will not agree to any
obligations for our laws to be aligned with the EU's, or for the
EU's institutions, including the Court of Justice, to have any
jurisdiction in the UK.
6. The parameters for that future relationship are set out in the
UK / EU Political Declaration of 17 October. As that Declaration
makes clear, a Comprehensive Free Trade Agreement (CFTA) should be
at its core. This Agreement should be on the lines of the FTAs
already agreed by the EU in recent years with Canada and with other
friendly countries, and this paper sets out the structure and the
policy content of such a CFTA in some detail. The CFTA should be
supplemented by a range of other international agreements covering,
principally, fisheries, law enforcement and judicial cooperation in
criminal matters, transport, and energy, and once again this paper
sets out the content of such agreements in detail. All these
agreements should have their own appropriate and precedented
governance arrangements, with no role for the Court of
Justice.
7. The Government will work hard to agree arrangements on these
lines. However, if it is not possible to negotiate a satisfactory
outcome, then the trading relationship with the EU will rest on the
2019 Withdrawal Agreement and will look similar to
Australia's.
4 The Future Relationship with the EU | The UK’s Approach to
Negotiations
8. The Government agrees that all the areas of policy set out in
the Political Declaration will be relevant to the UK's future
cooperation with the EU. But the Government does not agree that
that requires every area to be incorporated into a negotiated
Treaty or similar arrangement. Many policy areas – for example
foreign policy or immigration policy – are for the UK Government to
determine, within a framework of broader friendly dialogue and
cooperation between the UK and the EU: they do not require an
institutionalised relationship. That approach is reflected in the
arrangements set out in this paper.
Timing and pace of the negotiations
9. The Government will not extend the transition period provided
for in the Withdrawal Agreement. This leaves a limited, but
sufficient, time for the UK and the EU to reach agreement. The UK
is committed to working in a speedy and determined fashion to do
so, with an appropriate number of negotiating rounds between now
and the June high-level meeting foreseen in the Political
Declaration. The Government would hope that, by that point, the
broad outline of an agreement would be clear and be capable of
being rapidly finalised by September. If that does not seem to be
the case at the June meeting, the Government will need to decide
whether the UK’s attention should move away from negotiations and
focus solely on continuing domestic preparations to exit the
transition period in an orderly fashion. In so doing, it will be
necessary to take into account in particular whether good progress
has been possible on the least controversial areas of the
negotiations, and whether the various autonomous processes on both
sides are proceeding on a technical basis according to agreed
deadlines.
Negotiating arrangements
10. The Government is committed to establishing the future
relationship in ways that benefit the whole of the UK and
strengthen the Union. International relations (including relations
with the European Union) remain the responsibility of the UK
Government and the UK Parliament. However, the UK Government
recognises the interests of the devolved administrations in our
negotiations with the EU, and their responsibilities for
implementation in devolved areas. The UK Government is committed to
working with the devolved administrations to deliver a future
relationship with the EU that works for the whole of the UK. The
Government will in particular ensure that any future arrangements
for cooperation on law enforcement and judicial cooperation in
criminal matters respect the separate and distinct legal systems in
Scotland and Northern Ireland.
11. The Government will act in these negotiations on behalf of all
the territories for whose international relations the UK is
responsible. In negotiating the future relationship between these
territories and the EU, the UK Government will seek outcomes which
support the territories' security and economic interests and which
reflect their unique characteristics.
Economic impact of the future relationship
12. Finally, the Government intends to invite contributions about
the economic implications of the future relationship from a wide
range of stakeholders via a public consultation. That process will
begin later this spring.