EU leaders to demand no deal Brexit emergency plans at crucial summit

EU leaders will order the European Commission to launch emergency no trade deal Brexit plans at their summit on Thursday, if talks between Boris Johnson and Ursula von der Leyen fail this week in Brussels.

The prime minister and the president of the commission will meet in the Belgian capital this week in a bid to find a political solution to the problems that have deadlocked the EU-UK negotiations for much of this year.

Michel Barnier warned that a deal had to be found on the critical issues of fishing, the level playing field guarantees and the deal’s enforcement, to prevent the UK leaving on WTO terms.

After meeting with David Frost, the UK's negotiator, this morning to discuss plans for the talks, Mr Barnier said, "At this stage, more than ever, Brexit is a school of patience - even a university of patience."

Denying reports a deal had to be done by Wednesday, the commission's chief spokesman said Brussels was willing to continue discussions "for as long as necessary" before the December 31 no deal deadline.  He said the Brexit talks were in "uncharted territory."

EU leaders could back any negotiated deal, if one can be found in time, at Thursday’s European Council, triggering an accelerated ratification process to beat the end of year no deal deadline.

EU diplomatic sources said that if there was no breakthrough the heads of state and government would insist the commission came forward with the legislation to mitigate the worst impact of no deal

An EU diplomat said, “We have to be prepared for all outcomes of the Brexit negotiations, including for a no deal. The expectation of member states is that the commission will now quickly table the necessary no deal contingency measures.”

A senior EU diplomat confirmed that contingency planning was likely to feature in Thursday’s European Council, despite Brexit not yet having been put on the summit agenda.

The plans are understood to focus on areas such as freight and aviation, which will be severely disrupted if the UK leaves the Brexit transition period at the end of the year with no deal.

The emergency plans will be unilateral and temporary and designed to protect EU interests. They will not be negotiated with the British beforehand and should not be confused with the “mini-deals” some UK politicians have predicted.

The commission has so far resisted demands by some member states to bring forward the plans for fear of upsetting the delicately poised negotiations with Britain, despite there being less than eight weeks before the no deal deadline.

Even if Mr Johnson and Mrs von der Leyen reach a deal, France has threatened to veto the agreement if it does not respect its red lines over fishing and the level playing field guarantees.

Clement Beaune, France’s Europe minister, said, “We will not sacrifice our fisheries and our fishermen. And the British know that.”

“If we see that the deal is worse than not having an agreement, we will not hesitate, like all other countries can, to reject it.

He added, “We still have time for negotiations. A few days, at least. After that, we have to be clear to our companies, to our fishermen… and say yes or no, deal or no deal.”

Michael Roth, Germany’s Europe minister, said the EU wanted a deal but “not at any price” and urged Mr Johnson to be prepared to compromise in his talks with Mrs von der Leyen.

“What we need is political will in London. Let me be very clear. Our future relationship is based on trust and confidence . It is precisely this confidence that is at stake in our negotiation right now," he said before chairing a virtual meeting of Europe ministers to prepare for Thursday’s summit.

“The question is, is Boris Johnson coming to Brussels to show people back home that he salvaged things in person, or that he really did try everything?", a diplomatic source asked.

The source said there could be an earlier push for the no deal plans at today’s meeting of EU Europe ministers. The necessary legislation needed sufficient time to be approved by EU governments and the European Parliament, the source said.

After briefing Europe ministers, Mr Barnier said there was "full unity" between the member states. "

"We will never sacrifice our future for the present. Access to our market comes with conditions," he said in a sign the EU would insists on the level playing field guarantees.

On Monday, Simon Coveney, the Irish foreign minister, warned that “the mood was starting to shift” towards emergency planning because member states were “increasingly frustrated” by the failure of the last two days of talks.

Brussels sources said the trade deal was hanging in the balance.  “Diplomats know better than to get mixed up in things they should stay out of. So we light a candle instead.” said another senior EU diplomat.