Jul 192017
 

According to reports of the Brexit negotiations, the second round of talks this week may be stopped ‘because the UK is not ready‘. Over a year after the EU Referendum result, we may wonder how that can be.

In the table below, I have summarised the negotiating position papers published by the European Commission and by the UK Government.

Strictly speaking, the White Papers and Terms of Reference are not formally part of the negotiations. However, the UK Government website includes them under the heading ‘position papers’, so I have included them in the table. I have also included the terms of reference, which appear on both websites, although they too are not position papers. The terms of reference set out the negotiation process, including dates of meetings.

International negotiations usually take place chapter-by-chapter. The discussions on different “chapters” usually involve the relevant experts for each chapter.

So far, as you can see from the table below, the Commission has published 10 position papers (in the strict sense) while the UK Government has published only 4. Most of the Commission’s position papers were also published in draft form when they were sent to the EU27  for comments two weeks earlier. Perhaps the UK Government’s problem has been that they also published the Repeal Bill on the same day as three of its position papers.

I have included direct links to both the EU27 and UK position papers in the table, together with their dates of publication. In a previous post, I had tried to compare the EU27 and UK positions on citizens’ rights. It was not easy because the structures of the EU27 and UK position papers are very different. Still, if anyone has the time to complete the exercise of matching the paragraphs of the UK position on citizens’ rights (in the second column) with the corresponding paragraphs of the EU27 position, here is the comparison table I had started.

As Liberal Democrat Brexit spokesperson Tom Brake observed after Brexit Minister David Davis left the talks after an hour to return to London and was pictured without any papers at the negotiating table, “This is a Government with no papers, no plan and no time for the most important negotiations of a lifetime.”

TopicDate published by
European Commission
Date published by
UK Government
Repeal Bill: White Paper15 May 2017
The United Kingdom’s exit from and new partnership with the European Union White Paper15 May 2017
Essential principles on the financial settlementDraft: 29 May 2017
Final: 12 June 2017
Essential principles on citizens' rightsDraft: 29 May 2017
Final: 12 June 2017
26 June 2017
Terms of reference for the Article 50 TEU negotiations19 June 201719 June 2017
Nuclear materials and safeguard equipment (Euratom)Draft: 23 June 2017
Final: 13 July 2017
13 July 2017
Ongoing Police and Judicial
Cooperation in Criminal matters
Draft: 29 June 2017
Final: 13 July 2017
Functioning of the Union Institutions, Agencies and BodiesDraft: 29 June 2017
Final: 13 July 2017
13 July 2017
GovernanceDraft: 29 June 2017
Final: 13 July 2017
Goods placed on the Market under Union law before the withdrawal dateDraft: 29 June 2017
Final: 13 July 2017
Ongoing Union Judicial and Administrative Procedures13 July 201713 July 2017
Judicial Cooperation in Civil and Commercial matters13 July 2017
Ongoing Police and Judicial Cooperation in Criminal matters13 July 2017

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