As the clock ticks down and tensions rise, unearthed reports reveal how in 2017, the European Commission was forced to apologise to diplomats from the remaining 27 EU over a punishment clause in the draft text of the arrangement for the Brexit transition period.
According to a 2018 report by The Telegraph, Mr Barnier had defended the clause as “perfectly normal” but was forced to redraft the language of the clause, as it sparked a furious reaction from former Brexit Secretary David Davis and several Conservative Party politicians.
The clause effectively handed the European Commission the ability to unilaterally slap Britain with tariffs, withdraw UK business access to the Single Market and even aeroplane landing rights if the UK refused to follow all new and existing EU law during the transition period.
Brussels justified the clause by saying the European Court of Justice (ECJ) was too slow to enforce judgement on Britain during the transition period.
Mr Davis branded it “frankly discourteous” and accused Mr Barnier of wanting to have it “both ways”, after Brussels rejected British demands to be given the right to object to any new EU law against its interest during transition.
EU officials moved swiftly to calm national diplomats who were concerned the clause would have jeopardised the prospects of a final Brexit deal.
An EU diplomat told The Telegraph: "The Commission apologised. Express.
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