Brexit: Brussels rejects ‘Costa amendment’ plan for side-agreement to protect EU citizens’ rights in no-deal

British MPs called on UK and EU to protect rights in event of a no-deal Brexit

The European Commission has delivered a blow to a plan to protect EU citizens’ rights in the event of a no-deal Brexit – warning that it will “not negotiate mini-deals”.

The House of Commons voted on Wednesday for the “ring-fencing” of protections for EU nationals in the UK and British nationals in the EU27 – effectively saying that the part of the withdrawal agreement that concerns them should come into effect no matter what.

The so-called “Costa amendment”, named after the MP who tabled it, instructed the UK Government to try and secure this outcome in the negotiations – dependent on cooperation from the EU.

But a spokesperson for the European Commission told reporters in Brussels on Thursday after the vote:

“The best way to protect the rights of these 4.5 million people concerned is through the withdrawal agreement. We will not negotiate mini-deals because negotiating such mini-deal outside the withdrawal agreement would imply that the negotiations have failed.”

The spokesperson added: “It’s not for the Commission to comment on amendments voted in the House of Commons where the debate is still on-going, but what I can tell you more generally on citizens’ rights is that the Commission has consistently made clear that the rights of EU citizens in the United Kingdom and UK nationals in the EU are our top priority.

“They should not pay the price for Brexit, and the Commission has called on member states to take a generous process to UK nationals that are already in their territory.”

The European Commission also already outlined a number of ways it would deal with British citizens’ rights in the event of a no-deal – covering social security cooperation, the Erasmus programme, and making sure British nationals do not need short-term visits to visit the continent.

Citizens’ rights groups have said that these proposals are not enough, however, and that there would still be disruption to their lives under a no-deal.

Activists told the Independent that they were expecting the Commission’s response because EU member states would have to change their negotiating guidelines before it could act. Such a change would have to come at a European Council summit planned for March – just a week before the UK leaves.