Brexit: Everyone is at 6s and 7s…Let the seventh round (or the sixth) commence….

Just when you thought that Brexit could not get more complicated. 

On 13 August 2020, the European Commission and the UK Government published the agenda for the seventh round of the UK-EU Future Relationship Agreement. This round will be held between 18 and 21 August 2020 in Brussels.

What is confusing is that the rounds so far have been counted as rounds 1, 2, 3, 4 and 6 with a "Restricted Round" between 4 and 6. So while this would ordinarily be counted as the sixth, it is really the seventh.

So what will happen?

On Tuesday night,18 August 2020, there will be a dinner for the Chief Negotiators (i.e., Negotiators Barnier and Frost).  These largely bilateral bookend meals are important in setting the tone and reviewing progress in the talks.

On Wednesday, 19 August 2002, there will be discussions on:

  • "Level playing field for open and fair competition"
  • "Horizontal Arrangements and Governance"
  • Fisheries
  • Trade in Goods
  • Law Enforcement and Judicial Cooperation
  • "Mobility and Social Security Coordination"
  • Participation in Union Programmes
  • Road and Aviation Transport

On Thursday, 20 August 2002, there will be discussions on:

  • "Level playing field for open and fair competition"
  • Fisheries
  • Trade in Services and Investment & Other Issues
  • Law Enforcement and Judicial Cooperation
  • Energy ("Other")
  • Governance for Aviation
  • Governance for Social Security Coordination

On Friday morning, 21 August, the round of negotiations will end with a Chief Negotiators' Breakfast/Plenary.

The most difficult topic could well be the "Level playing field for open and fair competition". This covers issues such as State aid and competition. In the context of the damage done to the economies both of the EU and the UK due to the twin forces of Brexit and COVID-19, the need for supervisory mechanisms for State aid is all the greater. Businesses need State aid but they also need protection from unfair and improper State aid. A free-for-all would be bad for businesses both in the EU and in the UK. However, as we have seen from trade disputes around the world, this is not an easy issue to resolve.

Fisheries makes its usual appearance at the talks. It is somewhat talismanic for the UK. It is both difficult and important for all involved in fisheries but many are looking on at the prominence of fisheries in the talks with some amazement - how come so much attention is being focussed on the issue but that is being done for various reasons and it shows no sign of disappearing.

So what happens then? Well the talks continue with Round 8 moving to London on 7 September to 11 September and Round 9 appearing live in Brussels on 28 September to 2 October. 

One can almost envisage the concert tour t-shirt for the real Brexit Junkies – but the show only plays in two cities and some of the gigs have gone on line or other gigs have been cancelled.  Not even the Brexit Junkies know when the Farewell Tour will really end…or, indeed, the likely line-up of the band by then.

For more information on this topic please contact Dr Vincent Power, Partner or any member of A&L Goodbody's EU, Competition & Procurement team.

Date published: 14 August 2020