Barnier: UK will lose access to EU security databases after Brexit and must rely on “reciprocal exchanges” of information

The European Union has said the UK will be frozen out of EU policing and security databases after Brexit.

Speaking at a conference in Vienna, the EU’s chief negotiator Michel Barnier also said the UK would not be granted access to the European Arrest Warrant, or be allowed to shape the strategic direction of Eurojust or Europol in future.

The EU’s chief negotiator rejected the UK’s efforts to keep security ties almost unchanged after Brexit, saying Britain’s own negotiating red lines mean cooperation will be weaker.

Barnier stressed there would still be “cooperation” between law enforcement agencies, and that he wanted “effective” exchange of information over police and judicial matters, but, he said, that would not be on the same basis as currently takes place.

“Law enforcement is data-driven. Information is crucial for effective justice. We must have an effective exchange of information between police forces and judges on both sides of the Channel”, Barnier said.

Barnier said, “We need to set up streamlined and simplified bilateral exchanges between authorities. We need information exchanges between the UK and our Agencies – Europol and Eurojust – on terrorism and serious cross-border criminality.”

He continued, “To strengthen this cooperation, we would invite the UK to send their liaison prosecutor and liaison officers to these Agencies. And of course we would have our liaison officers stationed in the UK. We are open to exchanging information on passengers contained in Passenger Name Records with the UK authorities.”

“But let’s be clear: based on the UK’s positions, our cooperation will need to be organised differently. It will rely on effective and reciprocal exchanges, but not on access to EU-only or Schengen-only databases”, he added.

Meanwhile, on data protection, Barnier reiterated that there is no chance of compromise when it comes to rules on data protection. He said, “UK data protection will have to align with ours.”

He said, “Our future relationship will also have to be based on strong data protection. UK’s data protection standards will therefore have to remain in line with ours, and confirmed by an adequacy decision from the EU.”

Reiterating his previous comments, he said some people in the UK wanted “all the benefits” without the responsibilities, noting: “That is not possible”.

Barnier said, “The UK has decided to leave the EU’s institutions, structures and safeguards. It will be a third country outside Schengen and outside the EU’s legal order. This is a fact. And facts have consequences,” he said. “If you leave this ecosystem, you lose the benefits of this cooperation. You are a third country because you have decided to be so. And you need to build a new relationship.”

Barnier said the EU does want a partnership, but there will be limits. If the two sides want to build a new relationship, they need goodwill and “more realism about what is possible,” he said.