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TRADE WARS
EU's Brexit trade guidelines: key points
By Marine LAOUCHEZ
Brussels (AFP) March 7, 2018

EU demands Britain pay 2.7 bn euros over China customs fraud
Brussels (AFP) March 8, 2018 - The European Union launched legal action against Britain on Thursday to recover 2.7 billion euros ($3.3 billion) in lost customs duties after London allegedly ignored a scam by Chinese importers.

The bloc's fraud watchdog said last year that Britain turned a blind eye to the rampant use of fake invoices and customs claims by Chinese importers for textiles and footwear.

The launch of the so-called infringement action threatens to inflame tense negotiations between Britain and the EU on their trade and customs relations after Brexit next year.

"Today, the European Commission decided to send a letter of formal notice to the United Kingdom because it refuses to make customs duties available to the EU budget, as required by EU law," the commission said in a statement.

Britain now has the right to reply to the allegations by the European Commission, the 28-nation EU's executive and enforcement arm.

If Brussels is still not satisfied it can demand further explanations and eventually take the case to the European Court of Justice, which could then order Britain to repay the money.

British Prime Minister Theresa May's official spokesman rejected the report.

"We believe the methodology used overestimates UK import values and is not suitable to produce an estimate of alleged customs duty undervaluation," the spokesman said.

- 'Fictitious and false -

The EU said the March 2017 report by the OLAF anti-fraud office had revealed that importers had "evaded a large amount of customs duties by using fictitious and false invoices and incorrect customs value declarations".

"Further commission inspections brought to light a dramatic increase of the scale of that undervaluation fraud scheme operating through the hub in the United Kingdom between 2011 and 2017," it said.

But Britain failed to take action "despite having been informed of the risks".

"The commission calculates that the infringement of EU legislation by the United Kingdom resulted in losses to the EU budget amounting to 2.7 billion euros," it said.

But the British spokesman said the EU estimate "fails to take account of the substantial growth in the low-value end of the UK clothing market."

He added: "We take customs fraud very seriously, as our track record proves, and we continue to work with our European partners and evolve our response as new threats emerge."

Britain has said it will leave the EU's customs union and single market after Brexit in favour of a new arrangement whose shape will be determined in negotiations in coming months.

EU President Donald Tusk on Wednesday rebuffed British Prime Minister Theresa May's hopes of the "deepest possible" post-Brexit trading relations, saying a standard free trade deal was the most Britain could get given its own conditions.

The EU's draft negotiating guidelines unveiled on Wednesday set out plans for a free trade deal but stop well short of Prime Minister Theresa May's wish list.

Here are the key points of the document produced by EU President Donald Tusk for approval by the 27 remaining member states, as seen by AFP:

- 'Negative economic consequences' -

The guidelines warn up front that while the EU wants ties to be "as close as possible", May's red lines for severing Britain from the world's biggest trading block "limit the depth of the future partnership".

Despite May's calls for the deepest possible trade arrangement, the guidelines spell out that "being outside the Customs Union and the Single Market will inevitably lead to frictions".

The key issue is the "divergence" between Britain and EU on key market standards and controls, the guidelines say, adding: "This unfortunately will have negative economic consequences."

- 'No cherry picking' -

The EU's favourite piece of Brexit jargon means that Britain cannot pick the bits of the union it likes -- access to Europe for its financial services industry for example -- and drop the bits it doesn't -- such as free immigration for EU nationals.

"There can be no 'cherry picking' through participation based on a sector-by-sector approach that would undermine the integrity and proper functioning of the Single Market," they say.

The fear is that special carve outs for Britain may encourage other EU countries to try their luck on the outside.

- 'Ambitious' FTA -

The guidelines say the EU is ready to "initiate work towards a free trade agreement" involving zero tariffs on goods that would be concluded after Britain leaves.

Tusk said this was the only kind of arrangement possible given Britain's demands, citing the EU's deal with Canada -- which excludes financial services -- as a model.

But the EU still wants an "ambitious" deal, a senior EU official said, adding that it would cover goods and services "in all sectors."

One key issue is ensuring a "level playing field" -- finding a mechanism to prevent either side under-cutting the other economically by slashing regulation or giving state subsidies to businesses.

- No mention of financial services -

The EU guidelines make no overt mention of Britain's call for a special deal for financial services, a demand repeated by Finance Minister Philip Hammond on Wednesday.

Instead they say the EU wanted to allow "market access to provide services under host state rules" -- basically insisting that Britain has to play by the union's rules if it wants access.

The lack of a specific reference was deliberate to avoid going into the details of a thorny issue and to avoid mentioning particular sectors -- which could itself encourage cherry picking, the senior EU official said.

- 'Evolve' and 'reconsider' -

The EU keeps its options open in case May's position changes -- notably on the customs union, which she is under pressure to join from some in her own Conservative party and also from the opposition Labour party.

On the British stance, the guidelines say: "If these positions were to evolve, the Union will be prepared to reconsider its offer".

- Beyond trade -

The guidelines call for close ties on defence, security and counter-terrorism in particular between the EU and Britain, one of Europe's biggest military powers and an influential member of NATO and the UN Security Council.

Tusk called for the early signing of an air transport agreement to ensure that air links between Britain and the continent are not threatened.

Britain would have to leave the EU's various regulatory agencies but the guidelines do not rule out an "associate" role.


Related Links
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TRADE WARS
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China warned Sunday that it was ready to hit back if the United States damaged its economic interests, fuelling fears of a trade war after President Donald Trump unveiled tariffs on steel and aluminium. Trump's announcement on Thursday sparked a flurry of counter-threats from other nations. But Washington's main trade rival had avoided any overt warnings of potential retaliation until now. "China doesn't want a trade war with the United States," Zhang Yesui, spokesman for the National People's C ... read more

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