Brussels has warned the UK that it must fully apply the existing Brexit deals on EU citizens and Northern Ireland before it will entertain a reset in the relationship with London.
A leaked document reported by the Financial Times lists eight demands of the new Labour government in order to “demonstrate the real UK government commitment” to a good-faith reset of the relationship with the EU.
EU leaders have said they are “open minded” about the future relationship with the UK, and Germany has said it is enthusiastic about a youth mobility deal.
They have also raised the possibility of a new EU-UK agreement that could encompass deals on mutual recognition of professional qualifications and other low-hanging fruit.
But the document, written by the European Commission and not diplomats, reflects the deep scars left by the previous government’s approach to the EU, with bloc sources telling the Guardian that the Brexit deal itself was not up for renegotiation.
The European Commission’s concerns were reportedly raised by the EU vice-president, Maroš Šefčovič, at his first meeting with the new EU relations minister, Nick Thomas-Symonds, in Brussels two weeks ago.
Brussels has specifically told the UK it must change the Home Office’s approach to EU citizens who had been in the UK for fewer than five years before Brexit.
The government was successfully challenged on the Home Office’s insistence that those with pre-settled status had to reapply for full settled status once they had been in the country for five years.
The high court ruled that the government’s position was “unlawful”, and although the government has subsequently made changes to its own rules on pre-settled status there are still question marks over the Home Office’s interpretation of the withdrawal agreement deal on EU citizens.
Last week it emerged that several county court rulings and a high court ruling earlier this month had exposed inconsistencies in local authorities’ approach to the rights of EU citizens with pre-settled status to social welfare services.
It has now also emerged that Brussels is pressing ahead with a threat of legal action it first made against the UK government in May 2020. Last week, in a little-reported move, the European Commission gave the UK two months to respond to its concerns over the treatment of EU citizens.
“The United Kingdom’s shortcomings in the implementation and transposition of EU free movement law risks therefore also affecting the implementation of the citizens’ rights under the withdrawal agreement after the end of the transition period,” it said in an official document dated 25 July. “Otherwise the commission may decide to refer the case to the European court of justice,” it added.
The commission had launched infringement proceedings in May 2020 but last week put the UK on formal notice that “several points remain unaddressed, in particular elements concerning EU citizens or their family members (eg children in legal guardianship or extended family members) exercising free movement rights who should be beneficiaries of the withdrawal agreement”.
According to the FT, the latest document also raises the commission’s concerns about the UK authorities’ apparent failure to accurately certify all farm produce exported to the EU or to fully deploy a scheme for travel of pets to the EU.
It also wants the UK to speed up the implementation of a deal to provide the EU with data on the content of parcels.
Brussels has also raised questions about the full implementation of the Northern Ireland trading arrangements agreed under the so-called Windsor framework.
A spokesperson for the Cabinet Office said: “Since taking office this government has been working to reset the relationship with our European friends, to strengthen ties, secure a broad-based security pact and tackle barriers to trade.
“We’ve had very positive engagement in our early conversations and are committed to implementing the withdrawal agreement, including the Windsor framework in good faith protecting the UK internal market.”
The European Commission said: “The EU is committed to a positive agenda with the UK, based on the full respect, and the faithful and timely implementation of the withdrawal agreement, including the Windsor framework, and the trade and cooperation agreement, which are the cornerstone for the EU-UK relationship.”
