EU27 ministers are expected to adopt a new set of negotiating directives for the Brexit negotiations, which will in particular give details on the EU27 position on the transition period.
Some basic principles are:
- the transition period will cover the whole of the EU acquis
- the UK will no longer participate in the institutions and the decision-making of the EU
- the transitional arrangements must be clearly defined and precisely limited in time
- 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
These negotiation directives will be based on and further develop the principles and conditions laid down in the European Council guidelines of 29 April 2017 and of 15 December 2017. The text will build on the Commission recommendations of 20 December 2017.
The General Affairs Council (Article 50) adoption of the negotiation directives will give a mandate to the Commission, as the EU negotiator, to discuss with the UK the transitional arrangements to be included in the withdrawal agreement.
- December 2017: the EU27 leaders decided that sufficient progress had been achieved in the Brexit negotiations to move to the second phase – transition and framework for the future relationship will be discussed
- January 2018: the Council (Article 50) will adopt additional negotiating directives on transitional arrangements
- March 2018: the European Council (Article 50) will adopt additional guidelines on the framework for the future relationship