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AMENDMENTS 1 - 174 - Draft report Council decision on the conclusion, on behalf of the European Union, of the Political Dialogue and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Cuba, of the other
Committee on Foreign Affairs

Source : © European Union, 2017 - EP

Written by Carmen-Cristina Cîrlig,

© vchalup / Fotolia

On 29 March 2017, Theresa May, the UK Prime Minister, officially notified the United Kingdom’s intention to withdraw from the European Union (EU), following the previous year’s referendum which resulted in a narrow vote to leave the EU (by 51.9 % to 48.1 %). Despite the EU and the UK being about to start negotiations, with a common aim of delivering an orderly withdrawal and minimising the negative impact on citizens and businesses, many issues remain far from clear.

Withdrawing from the EU: Article 50

The Lisbon Treaty introduced for the first time in the EU’s history the explicit possibility for a Member State to withdraw from the EU – a possibility open to some doubt prior to Article 50 being added in the Treaty on European Union (TEU). Article 50 now offers the only legal way for a Member State to exit the Union.

There are no substantive conditions in the EU Treaties relating to a Member State’s right to withdraw, apart from the procedure set out in Article 50 TEU:

• The process starts when the withdrawing Member State (the UK) notifies formally the European Council of its intention to leave the EU; the European Council, meeting as 27, then issues guidelines for the negotiation and conclusion of an agreement on the withdrawal, which should take into account the framework for the future relationship between the EU and the UK.
• The UK and EU have two years to negotiate a withdrawal agreement; if such an agreement cannot be reached within that timeframe, UK membership of the EU comes to an end, unless the period is extended by common accord of the UK and the European Council, acting unanimously.
• The withdrawal agreement is negotiated by the EU, in accordance with the procedure set out in Article 218(3) TFEU and in the light of the European Council’s guidelines. On the basis of recommendations from the European Commission, the Council adopts negotiating directives and appoints the Union negotiator (which will be the Commission).
• The Council concludes the withdrawal agreement (with a ‘super qualified majority’ among the 27 remaining Member States: 72 % of the participating Member States, comprising at least 65 % of their population) after obtaining the consent of the European Parliament (EP) with a majority of the votes cast.
• Ratification of the withdrawal agreement by the remaining EU Member States is not required.
• Any subsequent international agreement(s) on the future relationship between the EU and the UK would also have to go through Member States’ national ratification procedures, unless it or they falls completely under the EU’s exclusive competence.

During the exit negotiations, the UK will not take part in discussions within the Council and the European Council related to withdrawal, but Members of the European Parliament (MEPs) elected in the UK – as representatives of all EU citizens – will be able to take part in all EP debates on the withdrawal process and vote on the eventual deal. For issues not related to Brexit, the UK will continue to enjoy all the rights and obligations of an EU Member State until the withdrawal takes effect. Once the UK leaves the Union, EU law will cease to apply to the UK and its overseas countries and territories. International agreements between the EU and third countries will also no longer apply to the UK. The Court of Justice of the EU (CJEU) could be called upon to rule on various aspects of the withdrawal, including a withdrawal deal’s compatibility with EU law.

Recent developments

On 29 March 2017, the UK Prime Minister notified the European Council of the UK’s intention to withdraw from the EU, in accordance with Article 50 TEU; the UK will also withdraw from the Euratom Treaty (covering cooperation in nuclear energy). Furthermore, the UK government clarified that it would not seek continued membership of the EU Single Market, but rather rely on a comprehensive free trade deal with the EU. On 30 March 2017, the UK government published a White Paper on its planned Great Repeal Bill, which would revoke the 1972 European Communities Act, which gives effect to EU law in the UK, as from the day of the withdrawal, as well as transpose most existing EU law into UK law.

Meeting at a Special European Council on 29 April, the 27 Heads of State or Government adopted the political guidelines which will form the basis for the negotiations with the UK, in line with Article 50 TEU. Accordingly, the EU will conduct the negotiations with the UK in unity, in transparency, and as a single package (nothing is agreed until everything is agreed). Any deal with the UK must be based on a balance of rights and obligations, while the integrity of the Single Market, the EU’s decision-making autonomy and the role of the CJEU will be preserved. The guidelines set out a phased approach to the negotiations: in a first phase, the negotiations should aim to provide clarity and legal certainty to citizens, businesses and international partners on the immediate effects of Brexit, as well as to disentangle the UK from its commitments as a Member State; in a second phase, if the European Council decides sufficient progress has been achieved on the withdrawal deal, preliminary discussions could take place on the framework for the future EU-UK relationship (any agreement(s) would be finalised and concluded once the UK becomes a third country), as well as regarding any possible transitional arrangements following the withdrawal. The 27 EU leaders reaffirmed that the first priority for negotiations was to safeguard the status and rights of EU and UK citizens derived from EU law, and sought a single financial settlement to ensure compliance with the obligations resulting from the entire duration of the UK’s membership of the EU. The procedural arrangements previously set out in the statement of 27 Heads of State or Government of 15 December 2016 were confirmed.

On 5 April 2017, the European Parliament adopted a resolution on the negotiations with the UK, setting out the EP’s priorities and red lines for the future talks, with citizens being the main concern for the EP. The integrity of the Single Market and the EU’s fundamental freedoms, settling financial matters, the issue of Northern Ireland and its peace process are other priorities for Parliament. The EP also stated its wish for fair and close future relations between the EU and the UK, after Brexit.

Potential timeline

Following the UK notification and the European Council guidelines, the Commission made its recommendation to the Council on 3 May that talks be opened with the UK. The General Affairs Council should then, on 22 May 2017, adopt the negotiating directives and appoint the Commission as the Union negotiator. The Commission has already nominated Michel Barnier as its chief negotiator. According to the Commission, the actual negotiating period would only be around 18 months, to allow time for the conclusion of the withdrawal deal (EP consent, and conclusion of the agreement by the Council) to be completed in time for the 29 March 2019 deadline for UK membership of the EU to end (if the negotiating period is not extended). The UK government has committed to submitting a final deal to the UK Parliament for a yes or no vote, before the EP votes on the matter. It is unclear what would happen if the UK Parliament were to vote to reject a final deal.

Timeline

The future EU-UK relationship

The withdrawal agreement is expected to address issues concerning acquired rights, including the legal status of British and EU citizens; the phasing-out of EU programmes and funding; UK disengagement from the EU budget; border issues; the relocation of the UK-based EU agencies; and EU international agreements to which the UK would no longer be party. The negotiations on the future EU-UK relationship will touch upon many more dimensions. Besides the future trade and economic relationship, parameters for cooperation will need to be established in various fields, such as foreign policy, security and defence, police and judicial cooperation, freedom to travel and immigration, environment and climate change, transport, agriculture and fisheries, higher education and research. Both sides have expressed the wish for a close future partnership.

Read this ‘At a glance’ publication on ‘Outlook for Brexit negotiations‘ in PDF.

Filed under: Institutional and Legal Affairs, PUBLICATIONS Tagged: At a glance, Carmen-Cristina Cîrlig, EU situation, European political Union, european treaties, european union membership, Lisbon Treaty, United Kingdom

https://tvnewsroom.consilium.europa.eu/uploads/council-images/thumbs/uploads/council-images/remote/http_7e18a1c646f5450b9d6d-a75424f262e53e74f9539145894f4378.r8.cf3.rackcdn.com/78a59f02-30d6-11e7-bb78-bc764e092fac_4.09_thumb_169_1493909774_1493909766_129_97shar_c1.jpg

The Ad Hoc Liaison Committee (AHLC) is a 15-member committee that serves as the principal policy-level coordination mechanism for development assistance to the Palestinian people.

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General : European Parliament President Antonio Tajani officially opened the House of European History (HEH) on Thursday in a formal ribbon-cutting ceremony held in the presence of former EP president Dr Hans-Gert Pöttering (chair of the Board of Trustees) and Professor Wlodzimierz Borodziej (chair of the HEH Academic Committee). The museum will be open to the public as of this Saturday 6 May.

Source : © European Union, 2017 - EP

General : European Parliament President Antonio Tajani officially opened the House of European History (HEH) on Thursday in a formal ribbon-cutting ceremony held in the presence of former EP president Dr Hans-Gert Pöttering (chair of the Board of Trustees) and Professor Wlodzimierz Borodziej (chair of the HEH Academic Committee). The museum will be open to the public as of this Saturday 6 May.

Source : © European Union, 2017 - EP

General : Parliament opens its doors to the public in Brussels this Saturday from 10.00 to 18.00 CET. It's an opportunity to explore the plenary chamber, join a guided tour and take part in debates. In addition visitors enjoy the chance to be among the first to visit the House of European History, a new museum that is opening its doors on the same day.

Source : © European Union, 2017 - EP

General : Parliament opens its doors to the public in Brussels this Saturday from 10.00 to 18.00 CET. It's an opportunity to explore the plenary chamber, join a guided tour and take part in debates. In addition visitors enjoy the chance to be among the first to visit the House of European History, a new museum that is opening its doors on the same day.

Source : © European Union, 2017 - EP

Source : © European Union, 2017 - EP

General : "Cooperation between our two parliaments has emerged stronger from this Tunisian week", said European Parliament Vice-President David-Maria Sassoli as the event closed on Thursday. "We must now give concrete form to the shared experiences and good practices, to benefit all our citizens", he added.

Source : © European Union, 2017 - EP

General : "Cooperation between our two parliaments has emerged stronger from this Tunisian week", said European Parliament Vice-President David-Maria Sassoli as the event closed on Thursday. "We must now give concrete form to the shared experiences and good practices, to benefit all our citizens", he added.

Source : © European Union, 2017 - EP

Good afternoon. I am very pleased to welcome Prime Minister Erna Solberg today. In times like these, it is more important than ever to have a strong and close partner, like Norway. A partner who shares the same values, and with whom we can work together on common European challenges.

The European Union's relations with Norway are close and are continuing to evolve. The European Economic Area - of which Norway is a key member - has proved its value and strength over the past 25 years. It serves both the EU and Norway well, and will continue to do so.

Today, the Prime Minister stressed the importance of having a close dialogue in view of the upcoming Brexit talks. I reassured the Prime Minister that, as one of the EU's closest partners, we will have a close dialogue with Norway throughout the talks. That's what partners do.

We also discussed energy and climate cooperation. Our close cooperation is crucial for energy security and for the Energy Union objectives. And, above all, we are both determined to implement the Paris Agreement.

Let me make one comment as we wait for the confirmation from Washington regarding the US commitment to a better environment, including fighting climate change in line with the Paris Agreement. There are many ways in which nations can contribute to this fight, and they depend on national choices. No-one proves it better than Norway: how it is perfectly possible and rational to combine being an important supplier of gas and oil as well as being a front-runner in renewable energy. The Norwegian example should provide encouragement to our American friends, as the climate challenge we all face can only be addressed by common global action.

Today we confirmed our strong commitment to the transatlantic relationship, and to further strengthening security cooperation, including between NATO and the EU.

Prime Minister Solberg and I also discussed the conflict in Ukraine, and our relations with Russia. We remain firm and consistent in our approach towards Russia. We know who the victim is in this conflict, and we will continue working together to advance reforms and development in Ukraine. And we also cooperate when it comes to sanctions towards Russia.

And finally, let me make a general remark about Brexit. These negotiations are difficult enough as they are. If we start arguing before they even begin, they will become impossible. The stakes are too high to let our emotions get out of hand. Because at stake are the daily lives and interests of millions of people on both sides of the Channel. We must keep in mind that in order to succeed, today we need discretion, moderation, mutual respect and a maximum of good will. Thank you.

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Disclaimer : The interpretation of debates serves to facilitate communication and does not constitute an authentic record of proceedings. Only the original speech or the revised written translation is authentic.
Source : © European Union, 2017 - EP

will take place on Thursday 8 June 2017, 9.00-12:30 in Brussels.

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Source : © European Union, 2017 - EP

AMENDMENTS 1 - 36 - Draft opinion A Space Strategy for Europe
Committee on Foreign Affairs

Source : © European Union, 2017 - EP

Report on private security companies
Source : © European Union, 2017 - EP

To say that the past week has been a poor one for Article 50 would be something of an understatement: the fall-out from last Wednesday’s ‘Brexit-supper‘ culminated yesterday with Theresa May holding a press conference in front of Number 10, claiming that some Europeans were deliberately interfering in the General Election.

It would be easy to say that this is the world gone mad, but as ever, I think we have to assume that things like this do not happen lightly, but with thought and consideration.

First then the EU. The leaking of the Brexit-supper to FAZ was actually the second step of the Commission’s response, after Juncker had called Merkel next morning, leading to her comments about British ‘illusions’. But the FAZ piece was not a full-scale fingers-up: it was only available in German and in print, and took some days to filter through. This is not to say that there wasn’t intent behind it: the butter-wouldn’t-melt responses from the various Commission individuals present at the meal during this week only underline that.

Instead, it comes across as an attempt to a) demonstrate the Commission’s willingness to exploit its powers within the process, and b) nudge the British to adjust their positions to fit better with the architecture of the negotiations that the Commission has been building. If you’re being benign about it, the Commission worries that the UK hasn’t understood how things are and needs to shift itself. But that overlooks the manner in which it was done.

And this brings us to May. Even the casual observer would know that May is very flexible in her positions, at least rhetorically (see Simon Cox’s excellent thread) and that she certainly doesn’t respond well to this kind of pressure. Again, assuming the Commission knew this, then we might need to consider that they were trying to goad her into a retaliation. Which they then got.

May essentially had two options: de-escalation or ramping-up. The former would mean laughing off the matter (the ‘we don’t recognise this/Brussels gossip’ approach), but looking like she had been out-played: The latter  would mean damage to the relationship, but potential gains.

My thinking here is that May feels she might be able to disconnect the public and the private rhetoric. Recall that there are no substantive talks right now and won’t be until 9 June: note also that today – 4 May – is polling day in the UK, so TV and radio coverage of this issue is not happening, providing a natural firebreak. May gets her headlines this morning – polling morning – while she opens her back channels to Brussels to say something on the lines of “you don’t mess us about and we won’t mess you about”. Tough public rhetoric, more constructive private negotiation.

It’s a calculated risk.

Whether it works is another matter. If the past week has told us anything, then it is that these will be very public negotiations, so the disconnect will be minimal, especially once the substantive issues pile up. as Jonathan Portes points out, the matter of UK/EU nationals is now set up as another bear trap for the UK, and many more will follow.

The prognosis at this stage has to be that the process has been compromised by Brexit-supper-gate (as no-one is calling it), so the key question is how much do the different sides want to make it work. Here, the assumption still remains that no one really gains from failing to reach a deal – consider May’s comments at the end of her presser on the need to avoid an economically disastrous exit – so someone’s going to have to cede substantive ground at some point in the not-too-distant future.

Of course, there still remains the abyss option. I know it remains unlikely, but there is an outside chance that May is pushing hard on making Brexit highly problematic, precisely to derail it: we hang by our fingernails over the abyss, to be gratefully rescued by a passing strong and stable leader. Oddly, May’s recent behaviour has put this back in my mind: she appears to feel so unconstrained that she might consider what would be a political play to last down the ages. Maybe that bank holiday walk produced more than one bright idea.

The post May’s rhetorical Brexit trap appeared first on Ideas on Europe.

El Dakkak and Intercontinental
Area of Freedom, Security and Justice
The obligation to declare any cash sum over €10 000 applies in the international transit areas of airports located in the territory of EU Member States

El Dakkak and Intercontinental
Area of Freedom, Security and Justice
The obligation to declare any cash sum over €10 000 applies in the international transit areas of airports located in the territory of EU Member States

Commission v Luxembourg
Taxation
Luxembourg has transposed in too wide a manner the rules in the VAT Directive on independent groups of persons