Press Release - EU receives formal notification of UK departure triggering Art 50
29 March 2017
Press Release
.../for immediate release
EU receives formal notification of UK departure triggering Art 50
As is being widely reported, Prime Minister Theresa May's letter to formally commence the United Kingdom's departure from the European Union has now been delivered by Sir Tim Barrow, the UK's ambassador to the EU.
After taking receipt of the letter, President of the European Council Donald Tusk said in his first public response "There is no reason to pretend that this is a happy day, neither in Brussels, nor in London. After all, most Europeans, including almost half the British voters wish that we would stay together, not drift apart. ... But paradoxically there is also something positive in Brexit. Brexit has made us, the community of 27, more determined and more united than before. I am fully confident of this, especially after the Rome declaration, and today I can say that we will remain determined and united also in the future, also during the difficult negotiations ahead."
His sentiments are echoed by the President of the European Parliament, Antonio Tajani, who commented on Twitter: "Today isn't a good day. #Brexit marks a new chapter in our Union's history, but we're ready, we'll move on, hoping UK remains close partner."
Preempting receipt of the letter that effectively now triggers Article 50 of the Treaty on European Union the EU's Chief Negotiator for the Preparation and Conduct of the Negotiations with the United Kingdom, Michel Barnier, noted that "On the basis of this notification, the 27 Heads of State or Government, as well as Presidents Tusk and Juncker, will begin work, over a period of a couple of weeks, on the guidelines which I will need to conduct the negotiations ...". He noted that Brexit will have significant human, economic, financial, legal and political consequences. But Barnier was also quick to add that "Our watchword will be: Citizens first! ... The issues at play are complex, whether they are residency rights, access to the labour market, pension or social security rights, or access to education. We will work methodically on each of these points. We will not leave any detail untouched, and we are already working with all Member States on this. It will take time, several months certainly. We must do serious legal work on this with the United Kingdom. But we can and we should agree – as soon as possible – on the principles of continuity, reciprocity and non-discrimination so as not to leave these citizens in a situation of uncertainty."
On the issue of trade Barnier was clear: "There will be a free-trade agreement at the centre of this partnership, which we will negotiate with the United Kingdom in due course. This free-trade agreement cannot be equivalent to what exists today. And we should all prepare ourselves for that situation. The United Kingdom chooses to leave the Single Market and the Customs Union. It will be a third country in two years from now." He warned that "until now, all trade agreements with the European Union – which cover more than 60 countries, ... (incl. the recent EU-SADC Economic Partnership Agreement) - are all signed within the framework of regulatory convergence. ... What we have here is not regulatory convergence but the risk, or the probability of regulatory divergence ...".
Barnier noted that "Our community of values and interests with the United Kingdom goes beyond trade. We are ambitious in our research and innovation networks, our laboratories and universities, even if the regulatory and financial framework of our current cooperation will obviously change in the future. We are ambitious in the fight against climate change, where we will succeed even more by staying together, within the spirit of our common commitments of the Paris Agreement. We are ambitious in international cooperation and development, especially when it comes to our neighbouring continent, Africa. We are ambitious in the field of internal and external security, whether it is the fight against terrorism, exchange of information, the fight against hybrid threats or cybersecurity."
Looking ahead Barnier was clear: "We know that this new partnership will need time, whether it involves a free-trade agreement or any other form of cooperation. A certain number of transitional arrangements may be necessary. It is too early to say." Finally, on the future of the EU he said "I do not need to emphasise the fact that the issues, the challenges and the new European agenda will not be reduced to Brexit. They go much further. The priority is – and will be – to strengthen our Union to tackle our common challenges."
.../ends
For more information:
Statement by President Tusk: http://www.consilium.europa.eu/en/press/press-releases/2017/03/29-tusk-remarks-uk-notification/
Statement by the European Council: http://www.consilium.europa.eu/en/press/press-releases/2017/03/29-euco-50-statement-uk-notification/
Background
What does Article 50 say?
- Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
- A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
- The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
- For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it. A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.
- If a State which has withdrawn from the Union asks to re-join, its request shall be subject to the procedure referred to in Article 49.
What happens once Article 50 has been triggered?
The withdrawal agreement must be negotiated in accordance with Article 218 (3) of the Treaty on the Functioning of the European Union.
Step 1
- An extraordinary European Council will be convened by the President of the European Council, Donald Tusk. This will happen today, 29 April 2017.
- The European Council will adopt by consensus a set of guidelines on the orderly withdrawal of the United Kingdom from the European Union. These guidelines will define the overall principles that the EU will pursue during the negotiations based on the common interest of the European Union and of its Member States.
Step 2
- After the adoption of the guidelines, the Commission will very quickly present to the Council a recommendation to open the negotiations. This will be agreed by the College of Commissioners, 4 days after the meeting of the European Council.
Step 3
- The Council will then need to authorise the start of the negotiations by adopting a set of negotiating directives. They must be adopted by strong qualified majority (72% of the 27 Member States, i.e. 20 Member States representing 65% of the population of the EU27).
- Once these directives are adopted, the Union negotiator, as designated by the Council, is mandated to begin negotiations with the withdrawing Member State.
Also see:
Article 50: how the future of EU-UK relations will be decided (http://www.europarl.europa.eu/news/en/news-room/20170324STO68408/article-50-how-the-future-of-eu-uk-relations-will-be-decided)