EU renegotiation: chasing windmills in Birmingham

There is no hope that a renegotiation would be anything but a step towards exit from the EU.

Do you see over yonder, friend Sancho, thirty or forty hulking giants? I intend to do battle with them and slay them.

Perhaps Cameron will not employ the very words used by Miguel de Cervantes (some on the nationalist right of his party will probably take issue with the quotation of foreign writers) but, if recent statements are anything to go by, that will be the sentiment expressed when talking about Europe. The PM is picking a whole host of fights with the EU, in most cases against everyone’s advice, just to satisfy his Europhobic backbenchers.

From the EU budget to justice and home affairs, from fiscal union to banking union the debate is framed in terms of threats rather than opportunities. In fact, the only time the word opportunity is utilised is when talking about using the process of reform in the EU as an opportunity to remove Britain from more and more chapters of European cooperation.

That’s where the illusion starts. This nebulous concept of renegotiating Britain’s membership of the EU is the biggest red herring in the North Sea. It is used to appease those at the right and extreme right who want full withdrawal from the EU. But it is doomed to fail on all counts.

On the one hand no “renegotiation” will ever be enough for those that want to see Britain abandon the EU. The more meat the PM throws at them the more he wets their blood-thirsty appetite. In fact, in this futile effort to appease them, the PM has been compromising the national interest. The December 2011 “veto” locked the UK out of the room where important decisions about the EU’s future are taken. And the mooted opt out for justice and home affairs measures has been criticised by the police and all those involved in the nation’s security as a massive mistake that will make the fight against terrorism, illegal immigration and organised crime even harder.

On the other hand, such “renegotiation” will not be accepted by Britain’s European partners. The Polish Foreign Minister, a Conservative himself, from a country which has traditionally been considered the UK’s ally, came all the way to Oxford to say as much (£). He expressed an exasperation echoed by most EU member states with the UK’s attitude when in Brussels. The perception among our EU partners is that there seems to be more interest in grandstanding for domestic political consumption than constructively engaging to address the challenges the EU as a whole is facing. Germany, which has always been keen to keep Britain at the core of the EU, is now changing tune, with MPs from both the ruling centre right CDU and the centre-left SPD currently in opposition, saying that there is very little will to accommodate Britain’s demands for a “renegotiation”, exactly because of the spoiled child attitude displayed by the PM at European Council meetings since he came in power.

But good will aside, Britain’s hand if such a renegotiation is ever to take place will be weakened by its relative size and trading relationship with the rest of the EU. Whereas about 50 per cent of our trade is done with our EU partners, only 10 per cent of their trade is done with Britain. You do the maths.

Furthermore, why would other EU member states allow Britain to excuse itself from Single Market rules but continue ripping the benefits of Single Market membership? What is to stop others from making similar requests for exemption from areas the UK considers important? Even if the political will was there, even if Britain had the diplomatic and commercial capital to invest in such renegotiation, any concessions would imply the start of the Single Market’s unravelling, which would cost British business and households dearly.

Not to mention that it sends the wrong message; the more the UK isolates itself, the more it tries to remove itself from areas of European co-operation, the less likely it is to be able to gain support to advance areas that are of interest to us.

So instead of picking pointless battles with imaginary enemies, instead of creating impossible to fulfil expectations, the PM and his Ministers should use the EU’s decision-making structures to build alliances with Britain’s EU partners. Rather than threatening opt-outs and vetoes, the best way for Britain to address the areas of Single Market law it wants renewed is to engage constructively with others in the Council of Minister in reviewing EU laws, improving them when necessary and removing them if they have achieved their objective or have reached their sell-by date.

Don Quixote was told by his humble servant Sancho, "Now look, your grace, what you see over there aren't giants, but windmills, and what seems to be arms are just their sails, that go around in the wind and turn the millstone." The hope is that someone will awake the PM and his Europhobic backbenchers to exactly the same fact.

Some red herring. Photograph: misocrazy from New York, NY (CC-BY)

Petros Fassoulas is the chairman of European Movement UK

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The Brexit Beartraps, #2: Could dropping out of the open skies agreement cancel your holiday?

Flying to Europe is about to get a lot more difficult.

So what is it this time, eh? Brexit is going to wipe out every banana planet on the entire planet? Brexit will get the Last Night of the Proms cancelled? Brexit will bring about World War Three?

To be honest, I think we’re pretty well covered already on that last score, but no, this week it’s nothing so terrifying. It’s just that Brexit might get your holiday cancelled.

What are you blithering about now?

Well, only if you want to holiday in Europe, I suppose. If you’re going to Blackpool you’ll be fine. Or Pakistan, according to some people...

You’re making this up.

I’m honestly not, though we can’t entirely rule out the possibility somebody is. Last month Michael O’Leary, the Ryanair boss who attracts headlines the way certain other things attract flies, warned that, “There is a real prospect... that there are going to be no flights between the UK and Europe for a period of weeks, months beyond March 2019... We will be cancelling people’s holidays for summer of 2019.”

He’s just trying to block Brexit, the bloody saboteur.

Well, yes, he’s been quite explicit about that, and says we should just ignore the referendum result. Honestly, he’s so Remainiac he makes me look like Dan Hannan.

But he’s not wrong that there are issues: please fasten your seatbelt, and brace yourself for some turbulence.

Not so long ago, aviation was a very national sort of a business: many of the big airports were owned by nation states, and the airline industry was dominated by the state-backed national flag carriers (British Airways, Air France and so on). Since governments set airline regulations too, that meant those airlines were given all sorts of competitive advantages in their own country, and pretty much everyone faced barriers to entry in others. 

The EU changed all that. Since 1994, the European Single Aviation Market (ESAM) has allowed free movement of people and cargo; established common rules over safety, security, the environment and so on; and ensured fair competition between European airlines. It also means that an AOC – an Air Operator Certificate, the bit of paper an airline needs to fly – from any European country would be enough to operate in all of them. 

Do we really need all these acronyms?

No, alas, we need more of them. There’s also ECAA, the European Common Aviation Area – that’s the area ESAM covers; basically, ESAM is the aviation bit of the single market, and ECAA the aviation bit of the European Economic Area, or EEA. Then there’s ESAA, the European Aviation Safety Agency, which regulates, well, you can probably guess what it regulates to be honest.

All this may sound a bit dry-

It is.

-it is a bit dry, yes. But it’s also the thing that made it much easier to travel around Europe. It made the European aviation industry much more competitive, which is where the whole cheap flights thing came from.

In a speech last December, Andrew Haines, the boss of Britain’s Civil Aviation Authority said that, since 2000, the number of destinations served from UK airports has doubled; since 1993, fares have dropped by a third. Which is brilliant.

Brexit, though, means we’re probably going to have to pull out of these arrangements.

Stop talking Britain down.

Don’t tell me, tell Brexit secretary David Davis. To monitor and enforce all these international agreements, you need an international court system. That’s the European Court of Justice, which ministers have repeatedly made clear that we’re leaving.

So: last March, when Davis was asked by a select committee whether the open skies system would persist, he replied: “One would presume that would not apply to us” – although he promised he’d fight for a successor, which is very reassuring. 

We can always holiday elsewhere. 

Perhaps you can – O’Leary also claimed (I’m still not making this up) that a senior Brexit minister had told him that lost European airline traffic could be made up for through a bilateral agreement with Pakistan. Which seems a bit optimistic to me, but what do I know.

Intercontinental flights are still likely to be more difficult, though. Since 2007, flights between Europe and the US have operated under a separate open skies agreement, and leaving the EU means we’re we’re about to fall out of that, too.  

Surely we’ll just revert to whatever rules there were before.

Apparently not. Airlines for America – a trade body for... well, you can probably guess that, too – has pointed out that, if we do, there are no historic rules to fall back on: there’s no aviation equivalent of the WTO.

The claim that flights are going to just stop is definitely a worst case scenario: in practice, we can probably negotiate a bunch of new agreements. But we’re already negotiating a lot of other things, and we’re on a deadline, so we’re tight for time.

In fact, we’re really tight for time. Airlines for America has also argued that – because so many tickets are sold a year or more in advance – airlines really need a new deal in place by March 2018, if they’re to have faith they can keep flying. So it’s asking for aviation to be prioritised in negotiations.

The only problem is, we can’t negotiate anything else until the EU decides we’ve made enough progress on the divorce bill and the rights of EU nationals. And the clock’s ticking.

This is just remoaning. Brexit will set us free.

A little bit, maybe. CAA’s Haines has also said he believes “talk of significant retrenchment is very much over-stated, and Brexit offers potential opportunities in other areas”. Falling out of Europe means falling out of European ownership rules, so itcould bring foreign capital into the UK aviation industry (assuming anyone still wants to invest, of course). It would also mean more flexibility on “slot rules”, by which airports have to hand out landing times, and which are I gather a source of some contention at the moment.

But Haines also pointed out that the UK has been one of the most influential contributors to European aviation regulations: leaving the European system will mean we lose that influence. And let’s not forget that it was European law that gave passengers the right to redress when things go wrong: if you’ve ever had a refund after long delays, you’ve got the EU to thank.

So: the planes may not stop flying. But the UK will have less influence over the future of aviation; passengers might have fewer consumer rights; and while it’s not clear that Brexit will mean vastly fewer flights, it’s hard to see how it will mean more, so between that and the slide in sterling, prices are likely to rise, too.

It’s not that Brexit is inevitably going to mean disaster. It’s just that it’ll take a lot of effort for very little obvious reward. Which is becoming something of a theme.

Still, we’ll be free of those bureaucrats at the ECJ, won’t be?

This’ll be a great comfort when we’re all holidaying in Grimsby.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Brexit. You can find him on Twitter or Facebook.