EU shoots down UK’s EMA membership post-Brexit

European Council president Donald Tusk appears to have shot down the possibility of the UK remaining part of some EU agencies, including the European Medicines Agency (EMA), after Brexit.

Yesterday, March 7, Tusk revealed a set of draft guidelines for the EU side of Brexit negotiations.

Earlier this week, LSIPR reported that the UK’s Prime Minister said that the government intends to explore the “terms on which the UK could remain part of EU agencies such as those critical for the chemicals, medicines, and aerospace industries”.

The UK will seek “associate membership” of bodies including the EMA, the European Chemicals Agency, and the European Aviation Safety Agency by “making an appropriate financial contribution”.

However, May has said the UK will leave the single market, the customs union and the jurisdiction of the Court of Justice of the European Union.

In a statement on the guidelines, Tusk said: “Therefore, it should come as no surprise that the only remaining possible model is a free trade agreement. I hope that it will be ambitious and advanced—and we will do our best, as we did with other partners, such as Canada recently—but anyway it will only be a trade agreement.”

The draft guidelines seem to rule out UK membership of EU regulatory bodies. Trade in services will need to be addressed as the UK will “no longer share a common regulatory, supervisory, enforcement and judiciary framework”, according to the guidelines.

The European Council also warned in the guidelines that there can be no “cherry picking” through participation based on a sector-by-sector approach.

It added: “The European Council further reiterates that the Union will preserve its autonomy as regards its decision-making, which excludes participation of the United Kingdom as a third country to EU institutions, agencies or bodies.”

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