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SPRING 2018 BREXIT NEGOTIATIONS: PROGRESS AND FUTURE PROSPECTS
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detailed and ambitious vision framed from a far
more pragmatic perspective than her previous
speeches, which had focused exclusively on
British domestic politics.
The European Council adopted additional
guidelines for negotiation on the future rela-
tionship at its spring meeting
30
, during which it
reiterated previously established red lines, char-
acterised the UK’s potential loss of preferential
access to the Single Market as a problem of its
own making and noted that the EU was willing
to adapt its position should the British stance
evolve in a constructive direction. It also reaf-
firmed its determination to forge the closest
partnership with the UK possible that covered
trade and economic cooperation and joint ef-
forts in other areas such as internal and external
security, defence and foreign policy.
Regarding a future economic and commer-
cial relationship, the European Council affirmed
its readiness to work towards “a balanced, am-
bitious and wide-ranging free trade agreement”
that provided a level playing field, reiterating,
nonetheless, that such an agreement would
not, under any circumstances, offer the same
benefits as membership. The newest set of
guidelines provides a list of provisions that
should be included in the final document. In
terms of trade in goods, the European Council
envisions an exemption from tariffs and quanti-
tative restrictions applicable to all sectors as well
as appropriate rules of origin contingent on re-
ciprocal access to fishing waters and resources.
Customs cooperation should preserve the regu-
latory and jurisdictional autonomy of both par-
ties and the integrity of the EU Customs Union.
In addition to calling for disciplines on technical
30
European Council (Art. 50),
Guidelines,
Brussels, 23
March 2018, (EUCO XT 20001/18).
barriers to trade and phytosanitary measures
and a framework for voluntary cooperation, the
European Council stipulates that the provision
of services and the rights of establishment of
service providers should be governed by host
state rules and that the final agreement should
include provisions covering access to public pro-
curement markets, investments, the protection
of intellectual property rights and other matters
of interest to the EU.
In addition to close cooperation on global
issues such as climate change, sustainable de-
velopment and cross-border pollution, new
European Council guidelines call for ambitious
provisions on movement of natural persons
based on reciprocity and non-discrimination
among Member States, the coordination of so-
cial security and recognition of professional
qualifications. Another area the European
Council would like to explore is judicial coopera-
tion on issues of matrimonial and parental re-
sponsibility and related matters.
Cooperation could also be extended to
transport services, and UK participation as a
third country in EU research and innovation,
educational and cultural programmes.
According to the European Council, the pend-
ing agreement on future relations must provide
solid guarantees aimed at preventing any unfair
competitive advantage the UK could gain by un-
dercutting levels of protection with respect to
competition and state aid, taxation and environ-
mental regulation and measures. Avoiding such
problems would require establishing mecha-
nisms designed to ensure domestic implemen-
tation and enforcement and facilitate the reso-
lution of disputes as well as Union autonomous
remedies commensurate with the scope of the
economic interconnectedness between the UK
and the EU. The European Council has also tak-
en a particularly firm position on financial ser-