Newspress

The European Commission welcomes the Council's decision today to authorise the opening of the Article 50 negotiations with the UK and to nominate the Commission as Union negotiator. The Commission also welcomes the adoption of the first set of negotiating directives.

Together with the European Council guidelines agreed by the leaders of the EU27 on 29 April 2017, these negotiating directives outline the priorities for the first phase of the negotiations. Both texts provide the European Commission, as Union negotiator, with the necessary political and legal mandate to negotiate with the UK on behalf of the EU27. The Commission's nomination of Michel Barnier as Chief Negotiator was welcomed by the European Council in December.

The first phase of negotiations will tackle three main areas: safeguarding the status and rights of citizens - EU27 citizens in the UK and UK citizens in the EU27 - and their families; reaching an agreement on the principles of the financial settlement of the UK's obligations as an EU member; providing for the new external borders of the EU, including the protection of the Good Friday Agreement, and finding imaginative solutions in order to avoid a hard border on the island of Ireland. Other issues include arrangements regarding dispute settlement and the governance of the withdrawal agreement.

The Commission has also published today its transparency policy for the negotiations, which aims to ensure full transparency during the whole negotiating process. Commission negotiating documents which are shared with EU Member States, the European Council, the European Parliament, the Council, national parliaments, and the United Kingdom will be released to the public and will be published here. These documents include, but are not limited to:
Agendas for negotiating rounds;
EU position papers;
Non-papers;
EU text proposals.

Michel Barnier, the Commission's Chief Negotiator for the Article 50 negotiations with the UK, said: "We are ready to sit down at the negotiating table with the UK. Our objective is to rapidly reach an agreement on the issues put forward by the Council today."

Next steps

Formal negotiations will begin as soon as the UK is ready. In preparation for the first meeting between the EU and UK negotiators, the Commission will share draft negotiating documents with the EU27 Member States. These documents will cover the following areas: citizens' rights, Euratom, issues related to goods placed on the market before the UK's withdrawal, on-going judicial and administrative procedures, the governance of the Article 50 agreement, and the financial settlement. All documents will be made public and will be available on TF50's webpage.

Background

On 29 March 2017, the United Kingdom notified the European Council of its intention to withdraw from the European Union. The European Council adopted its political guidelines on 29 April 2017. On 3 May 2017, the European Commission adopted and published its recommendation to open the Article 50 negotiations with the UK. This included draft negotiating directives and was based on the European Council guidelines of 29 April 2017. On 22 May 2017, the Council adopted the Commission's recommendation. The negotiations will, at all times, be conducted in light of the European Council guidelines and in line with the Council's negotiating directives and with due regard to the European Parliament's resolution of 5 April 2017.

Conseil européen
Conseil de l'Union européenne

Le Conseil (Art 50) autorise le début des négociations de Brexit et adopte des directives de négociation
The Council, meeting in an EU27 format, adopted a decision authorising the opening of Brexit negotiations with the UK and formally nominating the Commission as EU negotiator. The Council also adopted negotiating directives for the talks.

Both texts are based on a recommendation presented by the Commission on 3 May 2017 and build on the guidelines adopted by the European Council (Art.50) on 29 April 2017. Their adoption allows for the start of negotiations with the UK following the notification of its intention to withdraw from the EU (under article 50 of the Treaty of the EU).

"Today we have established the EU position on the key issues for the beginning of the talks. The rights of citizens are at the very top of our agenda and we aim for an ambitious solution, where those affected continue to enjoy their rights".
- Louis Grech, Deputy Prime Minister of Malta and President of the Council
Negotiating directives and phased approach

This first set of negotiating directives is intended to guide the Commission for the first phase of the negotiations. They therefore prioritise issues that have been identified as necessary for an orderly withdrawal of the UK, including citizens' rights, the financial settlement and the situation of Ireland, as well as other matters in which there is a risk of legal uncertainty as a consequence of Brexit.

The first phase of the talks aims to provide as much clarity and legal certainty as possible and to settle the disentanglement of the UK from the EU. Once the European Council deems sufficient progress has been achieved, the negotiations will proceed to the next phase.

An agreement on a future relationship between the EU and the UK can only be concluded once the UK effectively leaves the EU and becomes a third country. However, discussions on an overall understanding of that future relationship could start during a second phase of the negotiations.

The negotiating directives may be amended and supplemented during the negotiations.

Citizens' rights

The first priority for the negotiations is to agree on guarantees to protect the rights of EU and UK citizens, and their family members, that are affected by Brexit. The EU27 insist that such guarantees should be reciprocal and based on equal treatment among EU27 citizens and compared to UK citizens. This should cover, among others, the right to permanent residence after five years of legal residence, including if this period is incomplete on the date of withdrawal but is completed afterwards.

The negotiating directives specify that workers, self-employed persons, students and other inactive persons should be covered, as well as frontier workers and family members. Guarantees should protect residence rights and free movement, as well as all the rights attached to them (such as health care). All rights should be protected for the lifetime of the persons concerned.

Financial settlement

The EU27 agree there must be a single financial settlement and the UK must honour its share of all the obligations undertaken while being a member. The UK should also fully cover the specific costs related to the withdrawal, such as the relocation of EU agencies currently based in the UK. The agreement should include a calculation of the total amount and a schedule of payments, as well as further rules and arrangements to address specific issues.

The situation of Ireland

The EU is committed to continue to support peace, stability and reconciliation on the island of Ireland. Nothing in the UK withdrawal agreement should undermine the objectives and commitments of the Good Friday Agreement. Negotiations should aim to avoid a hard border, while respecting EU law. Issues such as the transit of goods will need to be addressed.

Goods placed on the market and procedures based on EU law

The negotiating directives also cover other issues were arrangements are needed to reduce uncertainty and avoid a legal vacuum. This includes addressing what will happen with procedures based on EU law and with goods already on the market. For instance, if a product is already placed on the single market before the withdrawal, it should be ensured that it can remain in the market afterwards.

Other matters where there may be a need to reduce uncertainty or avoid a legal vacuum, such as services, will be covered in future negotiating directives.

Next steps

The Commission will agree with the UK the dates for the first negotiating sessions. The first formal meeting between the EU and the UK negotiators is likely to take place in June.

Brexit: Negotiating directives - 22 May

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