BREXIT: COUNCIL ADOPTS NEGOTIATING DIRECTIVES ON TRANSITION PERIOD – 29 JANUARY

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BREXIT: COUNCIL ADOPTS NEGOTIATING DIRECTIVES ON TRANSITION PERIOD - 29 JANUARY
29 Jan 2018

BREXIT: COUNCIL ADOPTS NEGOTIATING DIRECTIVES ON TRANSITION PERIOD – 29 JANUARY

Brexit, Brussels, Brussels Daily

Brexit: Council (Article 50) adopts negotiating directives on the transition period

The Council, meeting in EU27 format, adopted supplementing negotiating directives for the Brexit negotiations, which detail the EU27 position regarding a transition period. These negotiating directives provide the Commission, as the EU negotiator, with a mandate to start discussions with the United Kingdom on this matter.

EU ministers have given a clear mandate to the Commission on what is the type of transition period that we envisage: full EU acquis to be applied in the UK and no participation in the EU institutions and decision-making. The 27 adopted the text speedily today and we hope an agreement on this with the UK can also be closed swiftly.

Bulgarian Deputy Prime Minister Ekaterina Zaharieva

Duration of the transition period

The guidelines of the European Council (Article 50) of 15 December 2017 stated that transitional arrangements must be clearly defined and precisely limited in time. The proposed end date for the transition period in the negotiating directives is 31 December 2020.

Application of EU acquis

According to the EU position, during the transition period the whole of the EU acquis will continue to apply to the UK as if it were a member state. Changes to the acquis adopted by EU institutions, bodies, offices and agencies during that period would also apply in the UK.

All existing EU regulatory, budgetary, supervisory, judiciary and enforcement instruments and structures will also apply, including the competence of the Court of Justice of the European Union.

Concerning the area of freedom, security and justice, where the UK has a right to opt in and opt out of individual pieces of legislation, the current rules will apply for acts adopted during the transition by which the UK is bound before its withdrawal. However the UK will no longer be allowed to opt into new measures in this area other than those amending, replacing or building upon the ones he is bound before its withdrawal.

Trade policy and international deals

During the transition period, the UK will remain bound by the obligations stemming from the agreements concluded by the EU, while it will no longer participate in any bodies set up by those agreements.

As the UK will continue to participate in the customs union and the single market (with all four freedoms) during the transition, it will have to continue to comply with EU trade policy, to apply EU customs tariff and collect EU customs duties and to ensure all EU checks are being performed on the border. This also implies that during that period the UK will not become bound by international agreements in its own capacity in fields of competence of EU law, unless authorised to do so by the EU.

EU institutions and bodies

The UK, as already a third country, will no longer participate in the institutions and the decision-making of the EU.

The UK will no longer attend meetings of Commission experts groups, committees or other similar entities where member states are represented. Exceptionally on a case-by-case basis, the UK could however be invited to attend one of these meetings without voting rights.

Specific consultations will be foreseen with regard to the fixing of fishing opportunities (total allowable catches) during the transition period, in full respect of the EU acquis.

Brussels, 29 January 2018

The European Commission welcomes today’s decision by the General Affairs Council (Article 50) to allow negotiations to begin on possible transitional arrangements following the United Kingdom’s orderly withdrawal from the European Union.

These negotiating directives – which supplement the negotiating directives from May 2017 and were based on the Commission’s Recommendation of 20 December 2017 – set out additional details on possible transitional arrangements. These include, in particular, the following:

  • There will be no “cherry picking”: The United Kingdom will continue to participate in the Customs Union and the Single Market (with all four freedoms). The Union acquis will continue to apply in full to and in the United Kingdom as if it were a Member State. As a result, the United Kingdom should remain bound by the obligations stemming from agreements with third countries. Any changes made to the acquis during this time should automatically apply to the United Kingdom.
  • All existing Union regulatory, budgetary, supervisory, judiciary and enforcement instruments and structures will apply, including the competence of the Court of Justice of the European Union.
  • The United Kingdom will be a third country as of 30 March 2019. It will, therefore, no longer be represented in Union institutions, agencies, bodies and offices.
  • The transition period needs to be clearly defined and precisely limited in time. It should not last beyond 31 December 2020. Consequently, the provisions on citizens’ rights in the Withdrawal Agreement should apply as of the end of the transition period.

Today’s Negotiating Directives also recall the need to translate into legal terms the results of the first phase of the negotiations, as outlined in the Commission’s Communication and Joint Report. It underlines that work needs to be completed on all withdrawal issues, including those not yet addressed in the first phase, such as the overall governance of the Withdrawal Agreement and substantive issues such as intellectual property rights, protection of personal data and customs-related matters needed for the UK’s orderly withdrawal from the EU.

Next steps

The Commission will publish in due course a draft legal text of the Withdrawal Agreement, of which transitional arrangements form part. The overall Article 50 Agreement will need to be concluded by the Council (Article 50), the European Parliament and the United Kingdom according to its own constitutional requirements.

Background

On 8 December 2017, the European Commission recommended to the European Council (Art 50) to conclude that sufficient progress has been made in the first phase of the Article 50 negotiations with the UK. On 15 December, the leaders of the EU27 confirmed that sufficient progress had been achieved on citizen’s rights, Ireland and the financial settlement, and adopted guidelines to move to the second phase of the negotiations. This also follows a resolution on 13 December by the European Parliament confirming that sufficient progress has been made. On 20 December, the European Commission sent a Recommendation to the Council (Art 50) to begin discussions on the next phase of the orderly withdrawal of the United Kingdom from the European Union.

The European Council (Art 50) guidelines of 29 April 2017 as well as the general principles and the procedural arrangements for the conduct of the negotiations established in the Council negotiating directives of 22 May 2017 continue to apply in their entirety to this phase of the negotiations.

For More Information

Text of the Negotiating Directives

European Council (Art 50) Guidelines, 15 December 2017

Website of Task Force 50

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