BC BREXIT
Saved by @Alex1Powell

Quick intro to more analysis later - since Freeports are mentioned in this article worth making the point that it seems to me under the UK-EU deal that if the UK provides subsidies for them, or relaxes labour or environmental rules in them, the EU can take retaliatory action.

 There has never been level playing field content like this in a trade deal. The idea it is any kind of UK win, when the UK's opening position was no enforceable commitments whatsoever, is ridiculous. https://t.co/iXlWqzzrlu
The EU can take retaliatory action against the UK if we weaken labour standards, weaken pretty firm climate change targets, unfairly subsidise, or just in general seem to be out of line. There are processes to follow, but it looks like the PM did it again...
Final one for now. Quite how Labour gets itself in such a fuss about whether to support a deal with the strongest labour and environment commitments ever seen in a trade deal is a sign of just how far it hasn't moved on from leaving.
PS well... (sorry DAG). It certainly didn't have a good effect. And I think if we had settled LPF issues with the EU much earlier there is a good chance the conditions would have been far less stringent. By making an issue, we made it much worse. https://t.co/M4MYbjSbK3
Interesting... https://t.co/V4DimjmVPm
Oh, here's the text. Have a quick flick through it, be astonished at the dull legalese, wait for specialist takes. Well that's my plan anyway... https://t.co/sOAyoi5AKJ
So the UK signed up for ECJ as well, in a, shall we say, limited and specific way. Inevitable I think, but a powerful precedent. https://t.co/FEDCYJIWMM
I am incidentally very much looking forward to distinguishing between those in the ERG who drop their principled objections to follow the prevailing political wind (true followers of Johnson?) and those who note that Johnson never saw a UK red line he wasn't prepared to relax.
Rules of origin quotas. Catnip for @SamuelMarcLowe. https://t.co/3zVyDilYbC
Most of the year has actually been internal negotiations within parties, the crucial bit that the media misses. And in the UK the need for a deal to safeguard car manufacturing in the short term seems to have won in the end. https://t.co/YgahmntPQ0
This is the Brussels Effect.

(Incidentally I'm reading as well, but copying the best points I see from others). https://t.co/BsJQU3sJWP
Absolutely this (from a former negotiator). My evolving conclusion is that a UK failure to reach a realistic internal position sufficiently early on LPF and fish in particular has meant ending up with a worse deal than expected in these areas. https://t.co/sww9JNejEj
On even simpler, talking tough to the domestic gallery when competing with a very experienced trade superpower is a very poor negotiating strategy, particularly if your leader has form for folding when the going gets tough.
Alternate view. https://t.co/MNsl46xkV5
And more worth considering, especially in comparison to Conservative MPs with their Number 10 briefs claiming improbably the opposite. https://t.co/rgenUqwGmv
A weak deal for UK agricultural exporters in terms of checks. https://t.co/rJsp413oRK

More from David Henig

David Henig
David Henig
@DavidHenigUK
We need to talk about UK politics. More specifically we need to talk about the absence of opposition to a no-deal Brexit risking Scottish independence, Northern Irish peace, the end of the mass market car industry, more expensive food, and damaged relations with US and EU 1/n


Project fear and the red wall. The first meaning that every serious threat, such as that of Nissan that their plant will be unsustainable, is dismissed with little discussion. The red wall, apparently so angry with Labour about the EU they are afraid to have a position. 2/

Because 'sovereignty' apparently. But a particularly nefarious form of sovereignty in which the normal kind of things you discuss in a Free Trade Agreement - shared rules, access to waters - become when discussed with the EU unacceptable infringements and threats. 3/

You note in the UK we aren't having a discussion on what level playing field rules or access to fishing waters might be acceptable. Or normal. Or even what we might want, like shared increased commitments on climate change. No, all rumours. Evil EU. Worse French. 4/

Those who follow closely see incredible briefings in the papers, like today claiming the EU demand for raising minimum shared standards was only raised on Thursday, treated as fact. This was known months ago. But the media too often just reports the spin as fact. 5/
POLITICS
David Henig
David Henig
@DavidHenigUK
Not the easiest to follow, but for those interested in the big picture of trade relations between US, EU and China this exchange between @alanbeattie and @IanaDreyer is an essential read. Real debate on key issues, and good points on both sides.


Also reading this from @gideonrachman on EU-China. My view (cynically?) - that EU-China is a deal that makes a lot of sense given a probably unresolvable trade policy superpower triangle with the US, and best for the EU to move while China will.

The US and EU roughly agree on China that it should do some things differently, but not really the details of what those are. Meanwhile the EU and US have long standing trade policy differences, which neither (or their key stakeholders) prioritise resolving.

For the EU, the China deal has sent a message to the new US administration, you can't just tell us what to do. And delivered some (probably marginal in reality) benefits to business. For China, this is the 3rd deal with EU or US in 12 months. Pretty clear strategy there.

The key assumption that lies at the heart of too much writing on EU-US relations is that the two should cooperate on trade. After 25 years of largely failing to do so, I'd suggest we might want to question that a bit more deeply.
ECONOMY
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David Henig
David Henig
@DavidHenigUK
"Fail to prepare, prepare to fail" has gone from being an irritating statement trotted out on a training course to a description of the UK government's modus operandi. And as well as on covid restrictions we're seeing it in EU negotiations - deal or no-deal. And here's why... 1/

The UK's goal in EU negotiations is to declare victory / sovereignty. Sounds good. But the problem is that there will always be winners and losers in a big trade deal, because it covers everything and involves compromising with the other side. An immediate problem. 2/

Take fish, on which apparently talks are stuck. No deal means we regain full control of our waters. Victory! And sell the fish where? EU tariffs and checks. Not victory. So share waters? But then, defeat! Point being, if you don't explain, the result will disappoint. 3/

We don't want the EU setting our rules and regulations. So minimal sovereignty provisions. No-deal and victory! But then what about the car manufacturers no longer viable? Ok, compromise. But then no win on sovereignty, or perhaps call it "freedom clauses"... 4/

Northern Ireland, customs checks, rules of origin, security cooperation and so on... all inevitably to require compromise. But if your game was all about victory and sovereignty, then what? Not make a decision perhaps? 5/
ECONOMY
David Henig
David Henig
@DavidHenigUK
So, deal or no-deal? I'm afraid it looks gloomy. Too many outstanding issues, a political context that is not conducive to compromise, and a tunnel leaking like mad. Quite possibly forming between them a vicious cycle. So, is this it? I suspect not... 1/n

Recall, this UK-EU negotiation is attempting to put in place an agreement unusually extensive (haulage, aviation, security, as well as trade) in a record timescale (9 months start to implementation) at a time of pandemic. That was always optimistic. 2/

A process driven EU against a naive yet overconfident UK in a short timeframe was also never going to be easy. In particular the UK's sole evident negotiating strategy, to say we'll walk away, is still in overdrive, making compromise harder. 3/

On the up side the UK has been inching slowly away from the purist notions of sovereignty which would prevent any deal towards a more realistic haggle over details, but possibly too late to resolve them, barring unexpected deep late concessions from either side. 4/

Geography isn't changing, and trading more with neighbours isn't either. Virtually all countries in the world have deals with their neighbours. It is unrealistic for the UK to be the sole developed country exception. Even if it takes a while. 5/
POLITICS
David Henig
David Henig
@DavidHenigUK
As promised, a little story. Of how the EU ask of the UK on the level playing field is indeed new, how that came about, and why we should have been able to deal with this a lot better. And how, indirectly, David Frost is one of the reasons. Beware, contains analysis... 1/

Let us go back 5 years to the height of Transatlantic Trade and Investment Partnership (TTIP) discussions. As you may recall, by 2015 TTIP was about as popular in the EU as allegedly the EU is these days in the red wall. What, thought the EU and Member States, could be done? 2/

TTIP will be more popular, declared more than one insider, if we show there are tough labour and environment protections against undercutting by the nefarious and probably untrustworthy US. That, optimistically they said, will get NGOs on side. 3/

But there was a problem with EU level playing field provisions in 2015. The unit of DG Trade responsible absolutely did not believe anything should be enforceable. Pages of loose commitments, fine. Add more! But apparently enforcement was best done through a good chat. 4/

Now such soft-touch EU enforcement of level playing fields was probably designed particularly for developing countries, where sanctions were seen as unfairly penalising struggling business and individuals for the actions of a terrible government. Not the US. 5/
EU & UK

More from Brexit

David Henig
David Henig
@DavidHenigUK
Brexit. UK-EU talks. Let's try to explain why we're in such a state, of increased risk of no deal, moving away from the fish and playing fields which are the detail but not the answer, to differing philosophies and divorce parallels that might just help... 1/

First, with apologies to those concerned, we need to go beyond those saying this is the inevitable path to deal / no-deal. Half of them will be right and I'll definitely be wrong (don't worry, I'm hedged in wine bets), but it wasn't inevitable, typical, or necessary. 2/

I'll also ignore the content of any deal, which has been clear for months, the UK compromises on level playing field, the EU on fish. Something so obvious really isn't the fundamental issue. Could, as some not noted for their perspicacity have said, be done in an afternoon. 3/

Some truth in the idea that flounces and playing the tough cop are a part of trade negotiations. But equally as we're in about the 5th pass of these, I think it has ceased to be helpful. Either side could already have cut the deal having shown their toughness. 4/

Some fundamentals then, that we've forgotten. First, the trade deal that will lead to much less free trade than before. The incentive structures, the ability to create a win-win, are inevitably going to be different to a normal deal. 5/
BREXIT
BtaD #FBPE
BtaD #FBPE
@BtaD42255016
@SpecCoffeeHouse @NicholasTyrone I think you have missed the essential point that we have now passed peak Brexit. From now on only the disastrous reality will come at us from all sides. 57% already were Remainers on the day we joined. Soon a huge majority will hate Brexit. I expect poll tax riots response level

@NicholasTyrone Already the biggest vote winner, fish , has turned out to be a disaster. We’ve ended up with a FTA smaller than the UK itself. Gibraltar joined Schengen, Falklands shafted. UK regions never wanted It. #BrexitReality . #Brexitbenefits , there are none. #Brexitears from now on

@NicholasTyrone Remember too, this was a Tory internal civil war foisted on an uninterested country that they only won because of the #Austeridiocy policy falsely foisted after the financial crash. It was a protest vote. There are no benefits to Brexit. It’s a #ToryBrexitShambles .

@NicholasTyrone There will only be one direction of travel now, back towards the EU. We are currently effectively a vassal state and #Whatsovereignty ? We have only lost it. We have also become a sprat in a puddle not the leading big fish in the big bloc, the EU. This was always a fishy affair

@NicholasTyrone Oh yes. We’re also one of the biggest jokes on the planet, and will take centre stage as the worlds biggest Buffoon departs.... #Brexitisntworking #brexitleavesbritainnaked
BREXIT
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Steve Peers
Steve Peers
@StevePeers
As the transition period ends, the #BrexitDeal applies from tomorrow. But there's also a parallel significant legal change - most of the rest of the withdrawal agreement starts to apply. A thread on the legal issues in the rest of that agreement.


The citizens' rights provisions of the withdrawal agreement (on EU citizens who moved to the UK, and UK citizens who moved to the EU, before the end of the transition period) start to apply.

Annotation and detailed analysis of those provisions here:

After today, UK citizens newly moving to the EU, or EU citizens newly moving to the UK, are in principle governed by national law (partly harmonised by the EU, on the EU side).

However, the #BrexitDeal contains some provisions on visas for service providers.

The #BrexitDeal also refers to the matching unilateral decisions of the EU and UK to waive a visa requirement for short tourist visits. Analysis of the EU law on that issue here:

UK citizens resident in the EU on the basis of the withdrawal agreement (or who move to EU in future) should be covered by the EU law on long-term resident non-EU citizens, which provides for a limited form of mobility between Member States. Analysis here:
BREXIT
Best for Britain
Best for Britain
@BestForBritain
At today's Future Relationship with the European Union Committee - we're hearing from @CSBarnard24 that the deal has a slightly "alice in wonderland quality" about it - nothing really appears quite as it first looks. If you compare to what we had until 1 Jan, it falls short. 1/

For example, there's a statement that the dispute resolution mechanisms doesn’t apply, but if you plough on until the end you see that some chunks of the DSM are actually incorporated over non-regression provisions. @CSBarnard24 2/

From @SamuelMarcLowe: "the premise of this agreement [is] to remove tariffs & do v little to remove barriers to trade and services. If you’re prioritising the economic status quo and economic integration with Europe then of course this deal is going to disappoint you." 3/

"This deal is actually very unstable", says @CSBarnard24. "One of the problems is that this constant contestation of the deal creates quite a lot of difficulties for businesses." 4/

"If you’re a car manufacturer that wants to invest in a new plant, you don’t know whether tariffs are going to be imposed either because the deal is brought to an end or due to potential govt retaliation - this is the main concern of this deal." @CSBarnard24 5/
BREXIT
Rem Korteweg
Rem Korteweg
@remkorteweg
On March 17, the Netherlands will have general elections.

Two parties - PVV & FVD - want a Nexit, a departure from the EU, in line with Brexit.

As the reality of the EU-UK trade agreement kicks in, let's take a look at what these parties

Firstly, good to note, here is their recent polling,

PVV: 14% - 23 seats (currently 20 seats)
FVD: 2.5% - 4 seats (currently 2 seats)

A government needs 76 seats to govern.

Give or take, these parties appeal to about 20% of the electorate.

/2

FVD wants a so-called "intelligent Nexit" because - arguably - they think the UK's departure was not-so-intelligent.

"Intelligent" Nexit. Lots of nodding

But FVD doesn't want to leave the EU, they want an end to the EU.

/3

They want a "different cooperation model among sovereign states" based around free trade, conveniently assuming that the EU will automatically cease to exist once the Dutch vote 'Leave'.

And EFTA should be the basis for the new model.

/4

It's full-on 'magical thinking'.

If you want to join EFTA, sure, make the case.

But be truthful about what it means.

The FVD decides to disregard the EEA agreement, which governs trade between the EFTA-4 and the EU27, and the EU rules and regs that EFTA countries follow.

/5
BREXIT

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