On
13th
December the House of Lords European Union Committee published a
Report on “Brexit: The Future Options for Trade” (HL Paper 72)
This
helpful 87 page report draws on the extensive expertise for which the
House of Lords is well known and is likely to be influential on
Government and widely consulted across the EU. The Report looks at
the negotiation process and seeks to develop some ideas about the
stages of negotiations and internal UK preparation while underlining
the central importance of a transitional agreement.
The
Report begins by noting that the Government plans to trigger Article
50 by the end of March 2017 and that the UK’s current trading
arrangements with the EU will stop at the end of two-years (March or
April 2019) unless the other 27 EU member states agree unanimously to
extend the period.
It
then outlines the main possible frameworks for UK-EU trade from then
on:
-
joining
the European Economic Area (EEA),
-
a
customs union with the EU,
-
a
Free Trade Agreement (FTA) or
-
trade
based on World Trade Organisation (WTO) rules.
The
distinction between ‘access to’ and ‘membership of’ the
Single Market is forcefully highlighted:
“Many
countries have ‘access to’ the EU’s Single Market, either
through agreed tariffs at the WTO or via a FTA. However, the only
countries which have full membership of the Single Market—which
entails the liberalised movement of goods, services, people and
capital (the ‘Four Freedoms’), secured through common rules
interpreted by the European Court of Justice (CJEU)— are EU Member
States.”
The
EEA agreement does not include a customs union, while inclusion in a
customs union, as in the case of Turkey, does not entail free
movement of services, people or capital.
The
Report examines the trade-offs involved in negotiations of this kind
and notes the pressure on the other 27 EU states to avoid the
collapse of the EU by taking a tough line with the UK. The Report
concludes that:
“the
prospect of fundamental modifications to the ‘off-the-shelf’
models is unlikely. Reform of the EEA Agreement to limit free
movement and include voting rights on EU legislation is improbable.
Creating a customs union arrangement with the EU would limit the UK’s
ability to have an independent trade policy. Even in areas not
covered by the customs union, pressure would be put on the UK to
shadow the EU’s trade negotiations.”
The
Committee argues that an FTA provides the best chance of a bespoke
deal combined with wider UK-EU co-operation after Brexit through an
Association Agreement, but that trade on terms equivalent to full
membership of the Single Market (especially in services) could not be
achieved on this basis. That is ominous for financial services
businesses.
In
the Committee's view it will not be possible to negotiate a
comprehensive UK-EU FTA within two-years and that the Government
needs to plan for possible transitional arrangements before invoking
Article 50 to safeguard current trade and provide adequate time for
negotiations.
According
to the Report, a temporary extension of participation in the customs
union could be “one important element of a transitional
arrangement”. Failing that, two years after Article 50 is
triggered, UK-EU trade and UK trade with the rest of the world will
take place under WTO rules. In that case, the UK would need to have
its own schedules of trade concessions, and negotiate its share of
tariff rate quotas and subsidies with the EU. Negotiations with the
EU and other WTO members at that stage could add further uncertainty.
The
Committee recommends that the Government focuses initially on its
future trading relationship with the EU and its WTO schedules and
makes an early decision on whether the UK should stay in the customs
union. It could then sequence trade deals with other countries
accordingly. The committee also urges the Government to clarify:
“whether
and to what extent the withdrawal negotiations with the EU will
encompass negotiations on the future UK-EU trading relationship.”
That
is because the Report suggests that a transitional agreement will
“almost certainly be necessary” to allow negotiations to be
conducted in a less pressured environment, benefiting all concerned.
The
Committee notes how tight the timetable is for Government to consult
the business community and other stakeholders in the light of these
issues.
We must hope that Government take on board all these points as soon as possible in the interests of safeguarding the
business community and ensuring stability over the difficult period
that we now face.