European Union negotiating directives for Brexit

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The European Union (EU) negotiating directives are negotiating directives approved on 22 May 2017 and give authority to the Council of the European Union to negotiate with the United Kingdom (UK) regarding the exit of the UK from the EU (Brexit). Supplemental directives were added on 20 December 2017 based on the negotiations to that date. [1]

Background

The UK filed Article 50 notice of intention to withdraw on 29 March 2017, starting the Brexit process.

Following the unanimous approval on 29 April by the leaders of the EU27 (i.e. all countries except the UK) of European Council guidelines which set out the principles for the Brexit negotiations, [2] negotiating directives needed to be approved by EU27.

On 22 May 2017, with the required majority of 72% of the EU27 states, (i.e. 20 member states representing 65% of the population of the EU27), the negotiating directives were approved. This gave authority for the EU negotiating team to negotiate with the UK in accordance with the guidelines and directives.

May 2017 negotiating directives

Key articles in the negotiating directives are set out below. [3] Numbers refer to negotiating directive document paragraphs.

Objectives

Nature and scope

Purpose and scope of directives

Citizen rights

  • Safeguard the status and rights derived from EU law of citizens at the withdrawal date and those future rights such as pensions. Equal treatment of EU27 and British citizens for life. (III.1.20)
  • Rights to include: residence, free movement, social security systems, right to work, self-employment, recognised professional qualifications. (III.1.21-22)

Financial settlement

  • A single settlement to include: Multiannual Financial Framework (the EU's annual budget), European Investment Bank (EIB), European Development Fund (EDF) and European Central Bank (ECB) issues. (III-2.23-24)
  • Based on the principle that the United Kingdom must honour its share of all the obligations undertaken while a member of the Union, including pensions and contingent liabilities and the UK, should pay the specific costs related to the relocation of the agencies or other Union bodies, paid in Euros on dates to mitigate the financial impact on EU27. (III.2.25-29)
  • EU obligations to British beneficiaries after the withdrawal date and rules regarding contingent liabilities. (III.2.30)

Goods placed on the market

  • Any good lawfully placed on the single market to continue to be legal and usable. (III.3.31)
  • Ongoing judicial cooperation in civil, commercial and criminal matters after withdrawal until matter resolved. Recognition and enforcement of national judicial decisions from before the withdrawal to remain governed by the relevant EU law. Continued choice of forum and choices of law made before the withdrawal date. (III.3.32-3)
  • Ongoing administrative and law enforcement cooperation and for them to continue under EU law. (III.3.34)
  • Pending judicial proceedings to be continued with the Court of Justice of the European Union, also for actions taken before the withdrawal date and for British courts to refer matters to the EU Court of Justice. Continued enforceability of EU court decisions. (III.3.35)

Other administrative matters

  • Protection of the property, funds, assets and operations of the EU and its institutions and their personnel and their families. (III.4.36)
  • Return of fissile (nuclear) material in the UK to the EU27. (III.4.37-8)

Governance of Agreement

  • Institutional structure to be established to enforce commitments of the Agreement.
  • Arrangements to deal with unforeseen situations.
  • Provisions for settlement of disputes.
  • Maintaining jurisdiction of Court of Justice of the European Union. (III.5.39-43)

Procedural arrangements

See also

References

  1. "COM/2017/0830 final: Recommendation for a COUNCIL DECISION supplementing the Council Decision of 22 May 2017 authorising the opening of negotiations with the United Kingdom of Great Britain and Northern Ireland for an agreement setting out the arrangements for its withdrawal from the European Union". EURLex. 20 December 2017. Retrieved 22 June 2018.
  2. "EU leaders unanimously agree Brexit strategy". Sky News. 29 April 2017.
  3. "European Commission receives mandate to begin negotiations with the UK". European Union. Retrieved 24 May 2017.