Ireland's foreign min @SimonCoveney says there will be no breakthru at the #euco this wk, that EU fishermen will not be "sold out" in order to secure a future relationship deal, and that if there is a deal it will not be ratified unless the UK "remove" Internal Mkt Bill clauses

Amid the hail of accusations that the EU wanted to put a hard border on the island of Ireland last Friday, it's worth pointing out what the ill-fated resort to Article 16 was about:

2/ Under the Commission's trade mechanism, any Covid vaccines leaving the EU for third countries would need export authorisations, ie to ensure vaccines were not being exported which were actually part of an avanced purchase agreement between member states + pharma companies

3/ Any movements of exports from one member state to another would NOT have required such an export authorisation

4/ Because of the NI Protocol, Northern Ireland would typically have availed of NOT having to had export authorisations for any vaccines being sent there from Belgium (or wherever)

5/ However, someone in the Commission spotted the fact that, also under the Protocol, there was unfettered movement of goods between NI and GB

After Michel Barnier's briefing of EU ambassadors this afternoon, here's where things stand:

2/ There is a basic deadline of Christmas Eve to get a deal. That will give the EU's legal services time to draw up a letter to send to the UK seeking provisional application of the treaty from Jan 1

3/ It's understood officials will need four days at a minimum to draft a letter seeking provisional application of the treaty (all this is on the basis that it is pretty much too late for the European Parliament to ratify the treaty on time for Jan 1)

4/ On the prospects for a deal: diplomats say they're not ruling out a deal by Christmas eve. Michel Barnier said there had been significant progress. Member states expect to convene a meeting of the Working Party (of Brexit coordinators) every day (except Christmas Day)

5/ Acc to one diplomat Barnier will publish the text once/if it's agreed, but before it's been legally scrubbed. Member states can approve the text via written procedure (sending a formal letter) as there are no Council meetings foreseen to do it in person between now and Dec 31

Here are some observations from the EU side on the touring issue facing musicians

2/ The European Commission offered the UK a standard mobility clause in its draft legal text back in March last year that would cover musicians, sportspersons etc... It's on page 354 of the EU's opening text ahead of the negotiations

3/ Under a standard mobility clause, acc to one official, EU member states can ask for visas for certain people coming to carry out paid activity. However, there's a list of exemptions for people who don't need visas:

4/ This list includes those "travelling for the purpose of business deliberations..., sportspersons or artists [including musicians] performing an activity on an ad-hoc basis, journalists sent by the media of their country of residence, and intra-corporate trainees."

5/ In other words, under a standard mobility provision, musicians, journalists, sports people and business people who travel to discuss contracts etc do not need visas. Officials say this is the standard EU arrangement for third countries, eg the US.

BREAKING: The EU’s chief negotiator has told MEPs that negotiations on a post-Brexit deal could continue until Wednesday but no further.

2/ According to sources present, Michel Barnier also warned the UK that a deal would not be approved by member states if it pressed ahead with passing the Internal Market and the Finance Bills into law.

3/ He told the European Parliament’s Brexit coordination committee this morning that US President Elect Joe Biden was also “sensitive” to any impact of UK law on the Good Friday Agreement.

4/ Mr Barnier told MEPs the talks were in the “endgame” and that there would have to be a decision on whether or not there was to be an agreement by Thursday.

5/ He said if there was no deal then the European Commission would be ready “to react immediately” with contingency plans, according to sources present.

Breaking: The DUP and Sinn Fein leaders have sent a joint letter to the European Commission describing as “unacceptable” the alleged threat to the continuity of existing food supplies to Northern supermarkets once the Northern Ireland Protocol takes effect.

2/ The letter, seen by @rtenews, and signed by @DUPleader and @moneillsf, highlights the problem of the need for checks and controls on food products entering Northern Ireland from Great Britain from January 1 and how that might impact on the supply of food to supermarket chains.

3/ The First/Dep First Ministers write: “It is hard to imagine a more fundamental aspect of everyday life than the purchase of daily food supplies...

4/ "Hence we would ask you to recognise how important it is that the current consideration of the detail of how the Protocol will be applied takes our unique context into account.”

5/ Under the Protocol, food and animal derived products entering NI from Great Britain will be subject to the EU’s food safety regime, meaning that so-called sanitary and phytosanitary (SPS) checks will be required on a range of products destined for supermarket shelves.

1/ What are the ‘new’ demands the UK says the EU has made in the Brexit talks and are they actually new? There are 3 specific areas of contention that have emerged, one each on state aid rules, the Level Playing Field/Governance, and fish. None of them should be a total surprise.

2/ First, on state aid. The UK says the EU wants the Commission and European Investment Bank to be given carve-outs from the subsidy control provisions in the deal. It says this would create an unfair imbalance, because there would be no similar exemption for British authorities.

3/ This is particularly relevant in light of the bloc's €750bn Coronavirus recovery fund. It has already been delayed by an internal political row, and the EU is keen to ensure that isn't exacerbated by legal disputes with the UK next year. Brussels denies this is anything new.

4/ The Commission is an ex ante regulator, meaning it is called in to pre-authorise state aid spending by EU countries. The EU wants the UK to set up its own independent regulator to approve subsidies in the same way. If it does so, many of the state aid problems will fall away.

5/ LPF/Governance. This is about the 'ratchet clause' which the EU has relabelled as 'equivalence' of standards. It addresses what happens if one side raises its standards on say environmental or labour rules in the future and the other doesn't, creating a competitive imbalance.

Scoop...Britain faces dearer electricity and occasional black-outs if it bans EU fishing boats from its waters after 2026. This de facto power over the UK power market is handed to the EU in the post-Brexit deal which MP’s will wave almost unread through parliament today. 1/10

The trade deal enshrines a link between continued EU access to British waters and UK frictionless access to the EU power grid and gas network. This has scarcely been noticed though it was mentioned and brushed aside by last night’s statement by the ultra-Brexiteer ERG. 2/10

The link – drawn to my attention by a senior EU source – is spelled out in dates, not words. The fisheries part of the deal grants EU boats continued access with a 25% cut in quotas over five and a half years until 30 June 2026. After that there are “annual negotiations” 3/10

The energy part of the agreement allows the UK virtually unchanged access to the continental electricity and gas markets. But that expires on exactly the same date as the fish deal - 30 June, 2026. After that (guess what?) there are “annual negotiations". 4/10

Coincidence? Not at all, my source says. The link is “more than implicit”. The energy deal “ends by default” unless both sides agree to extend it.
If the UK bans, or severely restricts, EU boats in British waters from June 30, 2026….easy access to EU energy will also end. 5/10

FELIXSTOWE, England (Reuters) -

In just one month of post-Brexit trading, British logistics expert Jon Swallow has seen exports dive, prices rise and customers so desperate that he is practically offering a counselling service.

Swallow is one of thousands of freight forwarders and customs brokers based around Britain’s biggest ports who have described the overnight introduction of a full customs border as akin to the country placing economic sanctions on itself.

Britain’s New Year’s Eve departure from the European Union’s orbit after 47 years of membership means exporters must now provide customs and safety declarations, health checks and rules of origin details to trade with its biggest partner.

We are now at a disadvantage to people trading within the EU,” Swallow, a co-director of Jordon Freight, told Reuters in his office next to the vast cranes that tower over Felixstowe docks, Britain’s biggest container port, on the south east coast of England.

“We’re a very fast-paced business, but now we’re just like walking through mud. There’s just paperwork everywhere.”
Those companies that trade goods between Britain and the bloc are paying a price, particularly small firms.

It's been another torrid week at the border - inundated customs agents, goods stuck for days, companies buckling under the paperwork 1/ https://t.co/2A301guhB6 w/ @lizzzburden

Take Branimir Vuckovic, 45, who runs goods between the U.K. and EU. He spent this week stuck in Kent because he couldn't find a customs broker to do his Brexit paperwork. Even with traffic levels below normal, the system is being overwhelmed 2/

The government has admitted this problem itself. On a Q&A with businesses on Thursday, Heather Jones from the Border Delivery Group said: `We are starting to realize that customs agents’ capacity and capability is being extremely stretched' 3/ 🚨

Eddie Maybank, an independent customs broker, says he's been having a breakdown. He's forwarding inbound queries on to other agents in Dover, but they've told him to stop. `I’m inundated, and so is everyone else,' he said 4/

UK-Ireland trade has been badly affected, particularly food shipments. Stephen McAneney of Allied Fleet Services in NI said he saw consignments of potatoes, apples and cream being destroyed at ports because they lacked the right documents 5/