Debate: The EU-UK Trade and Cooperation Agreement - The outcome of EU-UK negotiations
Date: TUESDAY, 27 APRIL 2021
Speaker: Ursula von der Leyen
Language: EN

But when preparing for today’s debate, I thought I would take the time and read the letter itself. And rather to my surprise, it actually helped to offer some perspective and some cautious positivity both about what today’s vote entails but also about our future relationship. I say that because the letter reminds us of the unique nature of our partnership, forged together over decades and built around our shared values and history. It also made the case for a special partnership that, and I quote: ‘contributes towards the prosperity, security and global power of our continent’. And what struck me most was the way it laid out the sheer scale of the task ahead of both sides – just how much we had to do and how complex it was going to be. It finished by saying, and I quote again: ‘The task before us is momentous – but it should not be beyond us’. Standing here today, we can all agree it was indeed a momentous task, carried out with the highest stakes on the line. And I want to take this opportunity to once again thank Michel Barnier – our Chief Negotiator – for guiding us through this task. In these four years, we saw a lot of change, whether in Presidents or Prime Ministers, in red lines and deadlines, or in different definitions of what Brexit really means. But when all is said and done, what you are voting on today is momentous in terms of what it represents and in terms of what it secures. It represents the unity, responsibility and solidarity within the European Union to protect the interests of our citizens and our Union. In the last months, we have often talked about what the Trade and Cooperation Agreement is not, and what it does not do. But as this House prepares to have the final say, I want to recall what this Agreement is, what it does, and why it is so important to make it work. Firstly, this Agreement protects European citizens and their rights. It helps to avoid significant disruptions for workers and travellers, from the fishing community to the business community. Second, it protects European interests and it preserves the integrity of our Single Market. It guarantees the robust level playing field that this House always prioritised – rightly so. And it ensures high levels of protection on everything, from social and labour rights to environmental protection, from tax transparency to state aid – you name it. And third, this agreement comes with real teeth – with a binding dispute settlement mechanism and the possibility for unilateral remedial measures where necessary. Let me be very clear: we do not want to have to use these tools. But we will not hesitate to use them if necessary. They are essential to ensure full compliance with the TCA and with the Withdrawal Agreement, which were both negotiated in such fine detail – and agreed by both sides. Honourable Members, on this point of compliance, I know that there was some reluctance in different parts of the House on whether it is right to ratify this Agreement when existing commitments are not being respected by one side. I agree with you that this Agreement on paper is only as good as implementation and enforcement in practice, and I share the concerns you have on unilateral actions taken by the United Kingdom since the Agreement came into provisional application. We have, obviously, seen a number of issues arise since then. Some were to be expected, others are teething issues, and many are the consequence of the type of Brexit the UK chose. But regardless of the reasons, we need to focus on joint solutions. Unilateral decisions will get us nowhere. And this is one of the reasons ratification is so important. It will give us the tools we need to ensure full and faithful compliance with the obligations which both sides signed up to, and it will also focus minds on finding pragmatic solutions where they are needed – most urgently around the Protocol on Ireland and Northern Ireland. And on this front, I am glad to report some progress on the work being led by Vice-President Šefčovič as Co-Chair of the Withdrawal Agreement Joint Committee. In recent days and weeks, we have seen a new, constructive dynamic, and we will continue to work closely with the UK to find constructive solutions that respect what was agreed. The next step is to mutually agree on compliance paths, with concrete deadlines and milestones. To support this process, Vice-President Šefčovič will continue to engage with all stakeholders in Northern Ireland, to listen to their concerns and to see what needs to be done. We need solutions, not soundbites, if we are to make the Protocol work for the benefit of everyone in Northern Ireland. This is the commitment and responsibility we all took when we agreed to the Protocol. And the European Union is steadfast in its determination to make it work. Honourable Members, I want to stress the importance of proper parliamentary scrutiny to ensure the UK fully delivers on its commitments. This House has a long history of protecting and supporting the people and the peace on the island of Ireland. In just a couple of weeks, it will be 40 years since a little-known report adopted by this House put that commitment into motion. At first glance, the so-called Martin Report – adopted at the height of the hunger strike – may appear an unremarkable housing, social and regional policy report. But thanks to the leadership of John Hume in particular, it ensured for the first time that the question of peace and prosperity of Northern Ireland was seen as an explicit issue for the European Union. This was the beginning of an enduring commitment of this House to the people of Ireland and Northern Ireland. And as John Hume himself used to say: ‘There are no easy answers, no quick-fix solutions’. This is why your continued support and scrutiny will be so important for the implementation of the Withdrawal Agreement and in particular on the Protocol. And I want to assure you that this parliamentary involvement will also be there for the Trade and Cooperation Agreement. In this spirit, the Commission has today set out its commitments in a Declaration. We will ensure that Parliament is immediately and fully committed and informed of the activities of different committees and councils established by the Agreement. We will ensure that Parliament is involved as appropriate and necessary whenever important decisions are taken under the Agreement. And we will submit a proposal for a legislative act to regulate how autonomous EU measures should be adopted. This is part of our much wider commitment to ensure a continuous and comprehensive dialogue on all aspects of that deal. Honourable Members, we know it will not always be easy, and there is a lot of vigilance, diligence and hard work ahead of us. But while today’s vote is obviously an end, it is also the beginning of a new chapter. The choice is now whether today’s vote will be the high watermark of the EU-UK relations for the next decades, or whether we see this as the foundation of a strong and close partnership based on our shared values and interests. Only history will tell what road is taken, although I hope for the latter. But either way, this Agreement is essential to help us move forward. And either way, the task will be just as momentous as it was in that letter four years ago. So, to finish on the words of the great British poet, William Wordsworth: ‘Let us learn from the past to profit by the present, and from the present, to live better in the future.’ Long live Europe! The Commission, without prejudice to its own prerogatives and those of the Council, intends to give full effect to the European Parliament’s prerogatives according to the Treaties in the implementation of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (the EU-UK Trade and Cooperation Agreement). In particular, in line with Article 218(10) TFEU, the Commission will ensure that the European Parliament is immediately and fully informed of the activities of the Partnership Council, the Trade Partnership Committee, the Trade Specialised Committees and the other Specialised Committees established by the EU-UK Trade and Cooperation Agreement, subject to the necessary arrangements in order to preserve confidentiality. The information will, as a general rule, be provided to Parliament also through the responsible parliamentary committee and, where appropriate, at a plenary sitting. In duly justified cases, the information will be provided to more than one parliamentary committee. The information concerns the briefing and debriefing before and after meetings of the joint bodies as well as sharing all documents pertaining to meetings of these joint bodies at the same time the Commission shares them with the Council. This includes draft agendas, proposals for Council decisions establishing the Union positions in these bodies, draft decisions of such bodies, as well as minutes of their meetings. The co-chair of the Partnership Council representing the Union will also inform the European Parliament on a regular basis. These working modalities are continuing the practice developed in the context of the Agreement on the Withdrawal of the United Kingdom from the Union and are based on the objective of ensuring a high level of transparency and sincere cooperation between the Union institutions. Moreover, the Commission considers that, given the exceptional character of the EU-UK Trade and Cooperation Agreement, an adequate involvement of the European Parliament is necessary when important decisions are taken under the agreement in relation to: - the unilateral termination by the Union of the agreement or parts thereof; - the notification by the Union of the wish to enter into negotiations with a view to concluding an updated Protocol on Social Security Coordination in accordance with Article SSC.70 [Sunset Clause] of the Protocol on Social Security Coordination; - the intention to negotiate an amendment of the agreement following a review under Article 411 [Rebalancing] of the agreement or following the review of the agreement to be carried out every five years as foreseen in Article 776 [Review]. In relation to these decisions, the Commission will inform the European Parliament sufficiently in advance of its intention to present a recommendation or a proposal, and of the gist of its envisaged recommendation or proposal. The Commission will take utmost account of possible comments of the European Parliament in that respect. It also commits, in case it does not follow the position of the European Parliament, to explain the reasons for which it did not. Furthermore, the Commission recalls that the cooperation provided for in Part Three [Law enforcement and judicial cooperation in criminal matters] of the EU-UK Trade and Cooperation Agreement is based on the Parties’ and Member States’ long-standing respect for democracy, the rule of law and the protection of fundamental rights and freedoms of individuals, including as set out in the Universal Declaration of Human Rights and in the European Convention on Human Rights, and on the importance of giving effect to the rights and freedoms in that Convention domestically, as well as on a long-standing commitment to ensuring a high level of protection of personal data. For the European Parliament to be in a position to exercise fully its institutional prerogatives in accordance with the Treaties, the Commission commits to inform the European Parliament sufficiently in advance of its intention to present a proposal for a decision by the Union as follows:  - decision to terminate Part Three [Law enforcement and judicial cooperation in criminal matters] of the EU-UK Trade and Cooperation Agreement in accordance with Article 692(2) [Termination] thereof in the event that the United Kingdom denounces the European Convention on Human Rights or Protocols 1, 6 and 13 thereto; - decision to suspend Part Three [Law enforcement and judicial cooperation in criminal matters] of the EU-UK Trade and Cooperation Agreement, in accordance with Article 693 [Suspension] thereof in the event that the United Kingdom no longer gives effect to the European Convention on Human Rights domestically, notably in such a way as to no longer allow the Convention to be effectively relied upon by individuals before its domestic courts; - decision to suspend Part Three [Law enforcement and judicial cooperation in criminal matters] of the EU-UK Trade and Cooperation Agreement in whole or in part, in accordance with Article 693 [Suspension] thereof and to consider whether a temporary solution in accordance with Article 693(7) thereof can be put in place in order to avoid the suspension taking effect or to reduce its scope, until a new adequacy decision may be adopted by the Commission in accordance with Article 45 of Regulation (EU) 2016/679 or Article 36 of Directive (EU)2016/680, as the case may be, in the event that an adequacy decision taken by the Commission with respect to the United Kingdom in accordance with Article 45 of Regulation (EU) 2016/679 or in accordance with Article 36 of Directive (EU)2016/680 ceases to apply, notably if it is repealed or suspended by the Commission or invalidated by a final court decision. In addition, as regards the selection process leading up to the establishment of lists of potential arbitrators and panellists by the Partnership Council and the Trade Specialised Committee on Level Playing Field for Open and Fair Competition and Sustainable Development, pursuant to respectively Articles 752 [Lists of arbitrators] and 409 [Panel of experts] of the EU-UK Trade and Cooperation Agreement the European Parliament will be invited to nominate one of the members of the selection panel established by the Commission in order to assist the Commission in the selection of candidates to be proposed to the Council. It should also be recalled that with regard to the autonomous measures that the Union is entitled to take on the basis of the EU-UK Trade and Cooperation Agreement, the Commission is committed to submit to the European Parliament and the Council a proposal for a legislative act regulating the modalities for adopting such measures. The Commission will inform the European Parliament, as appropriate, of its intention to adopt autonomous measures. Moreover, the Commission will take the utmost account of the views expressed by the European Parliament regarding the implementation of the EU-UK Trade and Cooperation Agreement by both Parties, as well as its review and ensuing modifications by the Parties. When examining complaints as well as any other information at its disposal in relation to possible breaches of the Agreement or to imbalances in the level playing field, the Commission will take due account of the views of the European Parliament as per paragraph 5 of the Statement by the Commission and the Council on the monitoring and implementation of the Trade and Cooperation Agreement. The Commission will also keep the European Parliament fully informed of the Commission’s assessments and decisions concerning data adequacy, as well as of the arrangements for regulatory cooperation with the UK authorities on financial services and the possible granting of equivalences in financial services. The Commission recalls that these working modalities have to be seen in the context of the exceptional character of the EU-UK Trade and Cooperation Agreement, which is a comprehensive agreement with a country that has withdrawn from the Union, and do not constitute a precedent for any other agreements.