– Lettre de Theresa May

– Déclaration du Conseil européen

– Remarques du Président du Conseil, Donald Tusk

– Projet de résolution du Parlement européen adopté par la Conférence des Présidents

1) La lettre de Theresa May

10 DOWNING STREET

London SW1A 2AA

THE PRIME MINISTER

29 March 2017

On 23 June last year, the people of the United Kingdom voted to leave the European Union.  As I have said before, that decision was no rejection of the values we share as fellow Europeans.  Nor was it an attempt to do harm to the European Union or any of the remaining member states.  On the contrary, the United Kingdom wants the European Union to succeed and prosper.  Instead, the referendum was a vote to restore, as we see it, our national self-determination. We are leaving the European Union, but we are not leaving Europe – and we want to remain committed partners and allies to our friends across the continent.

Earlier this month, the United Kingdom Parliament confirmed the result of the referendum by voting with clear and convincing majorities in both of its Houses for the European Union (Notification of Withdrawal) Bill.  The Bill was passed by Parliament on 13 March and it received Royal Assent from Her Majesty The Queen and became an Act of Parliament on 16 March.

Today, therefore, I am writing to give effect to the democratic decision of the people of the United Kingdom. I hereby notify the European Council in accordance with Article 50(2) of the Treaty on European Union of the United Kingdom’s intention to withdraw from the European Union.  In addition, in accordance with the same Article 50(2) as applied by Article 106a of the Treaty Establishing the European Atomic Energy Community, I hereby notify the European Council of the United Kingdom’s intention to withdraw from the European Atomic Energy Community. References in this letter to the European Union should therefore be taken to include a reference to the European Atomic Energy Community.

This letter sets out the approach of Her Majesty’s Government to the discussions we will have about the United Kingdom’s departure from the European Union and about the deep and special partnership we hope to enjoy – as your closest friend and neighbour – with the European Union once we leave.  We believe that these objectives are in the interests not only of the United Kingdom but of the European Union and the wider world too.   

It is in the best interests of both the United Kingdom and the European Union that we should use the forthcoming process to deliver these objectives in a fair and orderly manner, and with as little disruption as possible on each side. We want to make sure that Europe remains strong and prosperous and is capable of projecting its values, leading in the world, and defending itself from security threats. We want the United Kingdom, through a new deep and special partnership with a strong European Union, to play its full part in achieving these goals. We therefore believe it is necessary to agree the terms of our future partnership alongside those of our withdrawal from the European Union.

The Government wants to approach our discussions with ambition, giving citizens and businesses in the United Kingdom and the European Union – and indeed from third countries around the world – as much certainty as possible, as early as possible.

I would like to propose some principles that may help to shape our coming discussions, but before I do so, I should update you on the process we will be undertaking at home, in the United Kingdom.

The process in the United Kingdom

As I have announced already, the Government will bring forward legislation that will repeal the Act of Parliament – the European Communities Act 1972 – that gives effect to EU law in our country.  This legislation will, wherever practical and appropriate, in effect convert the body of existing European Union law (the “acquis”) into UK law.  This means there will be certainty for UK citizens and for anybody from the European Union who does business in the United Kingdom.

The Government will consult on how we design and implement this legislation, and we will publish a White Paper tomorrow. We also intend to bring forward several other pieces of legislation that address specific issues relating to our departure from the European Union, also with a view to ensuring continuity and certainty, in particular for businesses. 

We will of course continue to fulfil our responsibilities as a member state while we remain a member of the European Union, and the legislation we propose will not come into effect until we leave.

From the start and throughout the discussions, we will negotiate as one United Kingdom, taking due account of the specific interests of every nation and region of the UK as we do so.  When it comes to the return of powers back to the United Kingdom, we will consult fully on which powers should reside in Westminster and which should be devolved to Scotland, Wales and Northern Ireland.  But it is the expectation of the Government that the outcome of this process will be a significant increase in the decision-making power of each devolved administration.

Negotiations between the United Kingdom and the European Union

The United Kingdom wants to agree with the European Union a deep and special partnership that takes in both economic and security cooperation. 

To achieve this, we believe it is necessary to agree the terms of our future partnership alongside those of our withdrawal from the EU. 

If, however, we leave the European Union without an agreement the default position is that we would have to trade on World Trade Organisation terms. In security terms a failure to reach agreement would mean our cooperation in the fight against crime and terrorism would be weakened. 

In this kind of scenario, both the United Kingdom and the European Union would of course cope with the change, but it is not the outcome that either side should seek. We must therefore work hard to avoid that outcome.

It is for these reasons that we want to be able to agree a deep and special partnership, taking in both economic and security cooperation, but it is also because we want to play our part in making sure that Europe remains strong and prosperous and able to lead in the world, projecting its values and defending itself from security threats.  And we want the United Kingdom to play its full part in realising that vision for our continent.

Proposed principles for our discussions

Looking ahead to the discussions which we will soon begin, I would like to suggest some principles that we might agree to help make sure that the process is as smooth and successful as possible.

 

1. We should engage with one another constructively and respectfully, in a spirit of sincere cooperation.  Since I became Prime Minister of the United Kingdom I have listened carefully to you, to my fellow EU Heads of Government and the Presidents of the European Commission and Parliament.  That is why the United Kingdom does not seek membership of the single market: we understand and respect your position that the four freedoms of the single market are indivisible and there can be no “cherry picking”.  We also understand that there will be consequences for the UK of leaving the EU: we know that we will lose influence over the rules that affect the European economy.  We also know that UK companies will, as they trade within the EU, have to align with rules  agreed by institutions of which we are no longer a part  – just as UK companies do in other overseas markets.
2. We should always put our citizens first.  There is obvious complexity in the discussions we are about to undertake, but we should remember that at the heart of our talks are the interests of all our citizens.  There are, for example, many citizens of the remaining member states living in the United Kingdom, and UK citizens living elsewhere in the European Union, and we should aim to strike an early agreement about their rights.
3. We should work towards securing a comprehensive agreement.  We want to agree a deep and special partnership between the UK and the EU, taking in both economic and security cooperation. We will need to discuss how we determine a fair settlement of the UK’s rights and obligations as a departing member state, in accordance with the law and in the spirit of the United Kingdom’s continuing partnership with the EU.  But we believe it is necessary to agree the terms of our future partnership alongside those of our withdrawal from the EU. 
4. We should work together to minimise disruption and give as much certainty as possible.  Investors, businesses and citizens in both the UK and across the remaining 27 member states – and those from third countries around the world – want to be able to plan.  In order to avoid any cliff-edge as we move from our current relationship to our future partnership, people and businesses in both the UK and the EU would benefit from implementation periods to adjust in a smooth and orderly way to new arrangements.  It would help both sides to minimise unnecessary disruption if we agree this principle early in the process.
5. In particular, we must pay attention to the UK’s unique relationship with the Republic of Ireland and the importance of the peace process in Northern Ireland.  The Republic of Ireland is the only EU member state with a land border with the United Kingdom.  We want to avoid a return to a hard border between our two countries, to be able to maintain the Common Travel Area between us, and to make sure that the UK’s withdrawal from the EU does not harm the Republic of Ireland.  We also have an important responsibility to make sure that nothing is done to jeopardise the peace process in Northern Ireland, and to continue to uphold the Belfast Agreement.
6. We should begin technical talks on detailed policy areas as soon as possible, but we should prioritise the biggest challenges. Agreeing a high-level approach to the issues arising from our withdrawal will of course be an early priority.  But we also propose a bold and ambitious Free Trade Agreement between the United Kingdom and the European Union. This should be of greater scope and ambition than any such agreement before it so that it covers sectors crucial to our linked economies such as financial services and network industries.  This will require detailed technical talks, but as the UK is an existing EU member state, both sides have regulatory frameworks and standards that already match.  We should therefore prioritise how we manage the evolution of our regulatory frameworks to maintain a fair and open trading environment, and how we resolve disputes.  On the scope of the partnership between us – on both economic and security matters – my officials will put forward detailed proposals for deep, broad and dynamic cooperation.
7. We should continue to work together to advance and protect our shared European values.  Perhaps now more than ever, the world needs the liberal, democratic values of Europe.  We want to play our part to ensure that Europe remains strong and prosperous and able to lead in the world, projecting its values and defending itself from security threats. 

 

The task before us

As I have said, the Government of the United Kingdom wants to agree a deep and special partnership between the UK and the EU, taking in both economic and security cooperation.  At a time when the growth of global trade is slowing and there are signs that protectionist instincts are on the rise in many parts of the world, Europe has a responsibility to stand up for free trade in the interest of all our citizens.

Likewise, Europe’s security is more fragile today than at any time since the end of the Cold War. Weakening our cooperation for the prosperity and protection of our citizens would be a costly mistake. The United Kingdom’s objectives for our future partnership remain those set out in my Lancaster House speech of 17 January and the subsequent White Paper published on 2 February. 

We recognise that it will be a challenge to reach such a comprehensive agreement within the two-year period set out for withdrawal discussions in the Treaty. But we believe it is necessary to agree the terms of our future partnership alongside those of our withdrawal from the EU.

We start from a unique position in these discussions – close regulatory alignment, trust in one another’s institutions, and a spirit of cooperation stretching back decades.  It is for these reasons, and because the future partnership between the UK and the EU is of such importance to both sides, that I am sure it can be agreed in the time period set out by the Treaty.

The task before us is momentous but it should not be beyond us.  After all, the institutions and the leaders of the European Union have succeeded in bringing together a continent blighted by war into a union of peaceful nations, and supported the transition of dictatorships to democracy. 

Together, I know we are capable of reaching an agreement about the UK’s rights and obligations as a departing member state, while establishing a deep and special partnership that contributes towards the prosperity, security and global power of our continent.

                                                                                           ***

2) La déclaration du Conseil européen

Conseil de l’UE: actualités

29/3/2017 | DÉCLARATIONS ET INTERVENTIONS

PRESSE

Conseil européen

Déclaration du Conseil européen (article 50)

sur la notification adressée par le Royaume-Uni

Déclaration du Conseil européen (1)

Le Conseil européen a reçu ce jour une lettre de la Première ministre britannique,

Theresa May, notifiant l’intention du Royaume-Uni de se retirer de l’Union européenne. Cette

notification fait suite au référendum du 23 juin 2016 et marque le début du processus de

retrait en application de l’article 50 du traité. Nous regrettons de voir le Royaume-Uni quitter

l’Union européenne mais nous sommes prêts pour le processus qu’il va désormais nous

falloir suivre.

Pour l’Union européenne, la première étape consistera à présent en l’adoption, par le Conseil

européen, d’orientations pour les négociations. Ces orientations établiront les positions et les

principes généraux à la lumière desquels l’Union, représentée par la Commission

européenne, négociera avec le Royaume-Uni.

Dans ces négociations, l’Union agira dans un esprit d’unité et préservera ses intérêts. Notre

première priorité sera de réduire au maximum les incertitudes que la décision du

Royaume-Uni fait peser sur nos citoyens, nos entreprises et nos États membres. Par

conséquent, nous commencerons par nous concentrer sur l’ensemble des arrangements

essentiels pour un retrait ordonné.

Nous aborderons les négociations dans un esprit constructif et nous nous efforcerons de

parvenir à un accord. Nous espérons que, à l’avenir, le Royaume-Uni sera un partenaire

proche.

Le président Tusk a convoqué une réunion du Conseil européen le 29 avril 2017.

1 À la suite de la notification au titre de l’article 50 du TUE, le membre du Conseil européen représentant l’État

membre qui se retire ne participe ni aux délibérations ni aux décisions du Conseil européen qui le concernent.

                                                                                   ***

3) Les remarques du Président du Conseil

PRESS RELEASE

160/17

29/03/2017

Remarks by President Donald Tusk following the UK notification

So, here it is, six pages: the notification from Prime Minister Theresa May, triggering Article 50 and formally starting the negotiations of the United Kingdom’s withdrawal from the European Union. There is no reason to pretend that this is a happy day, neither in Brussels, nor in London. After all, most Europeans, including almost half the British voters wish that we would stay

together, not drift apart.

As for me I will not pretend that I am happy today. But paradoxically there is also something positive in Brexit. Brexit has made us, the community of 27, more determined and

more united than before. I am fully confident of this, especially after the Rome declaration, and today I can say that we will remain determined and united also in the future, also during the difficult negotiations ahead.

This means that both I and the Commission have a strong mandate to protect the interests of the 27. There is nothing to win in this process, and I am talking about both sides. In essence, this is about damage control. Our goal is clear: to minimise the costs for the EU citizens, businesses and Member States. We will do everything in our power – and we have all the tools – to achieve

this goal. And what we should stress today is that, as for now, nothing has changed: until the United Kingdom leaves the European Union, EU law will continue to apply to – and within – the UK.

Finally, I would like to say that we have just released an official statement by the European Council, in which leaders stress that we will act as one and start negotiations by focusing on all key arrangements for an orderly withdrawal. On Friday I will share a proposal of the negotiating guidelines with the Member States, to be adopted by the European Council on 29 April.

I will refer to this and I will comment on our proposals on Friday during our press conference with Prime Minister Joseph Muscat in Malta.

What can I add to this? We already miss you.

                                                                                             ***

4) Le projet de résolution du Parlement européen adopté par la Conférence des Présidents

European Parliament

2014-2019

Plenary sitting

B8-0000/2017

29.03.2017

DRAFT MOTION FOR A RESOLUTION

to wind up the debate on negotiations with the United Kingdom

following its notification that it intends to withdraw from the European Union

pursuant to Rule 123(2) of the Rules of Procedure

on negotiations with the United Kingdom following its notification that

it intends to withdraw from the European Union

Guy Verhofstadt

Coordinator and Chair of the ALDE Group

Manfred Weber

Chair of the PPE Group

Gianni Pittella

Chair of the S&D Group

Philippe Lamberts/Ska Keller

Co-Chairs of the Verts/ALE Group

Danuta Hübner

Chair of the Committee on Constitutional Affairs

European Parliament resolution on negotiations with the United Kingdom following its

notification that it intends to withdraw from the European Union

The European Parliament,

– having regard to Article 50 of the Treaty on European Union (TEU),

– having regard to Articles 3(5), 4(3) and 8 TEU,

– having regard to Articles 217 and 218 of the Treaty on the Functioning of the European

Union (TFEU),

– having regard to the notification given by the Prime Minister of the United Kingdom to

the European Council on 29 March 2017 in accordance with Article 50(2) TEU,

– having regard to its resolution of 28 June 2016 on the decision to leave the EU resulting

from the UK referendum1,

– having regard to its resolutions of 16 February 2017 on possible evolution of and

adjustments to the current institutional set-up of the European Union2, on improving the

functioning of the European Union building on the potential of the Lisbon Treaty3, and

on budgetary capacity for the euro area4,

– having regard to Rule 123(2) of its Rules of Procedure,

A. Whereas the notification by the United Kingdom Government to the European Council

begins the process by which the United Kingdom will cease to be a Member State of the

European Union and the Treaties will no longer to apply to it;

B. Whereas this will be an unprecedented and regrettable event as a Member State has never

withdrawn from the European Union before; whereas that withdrawal must be arranged

in an orderly fashion so as not to negatively affect the European Union, its citizens and

the process of European integration;

C. Whereas the European Parliament represents all citizens of the European Union and will

act throughout the whole process leading to the withdrawal of the United Kingdom to

protect their interests;

D. Whereas although it is the sovereign right of a Member State to withdraw from the

European Union, it is the duty of all remaining Member States to act in unity in the

defence of the European Union’s interests and its integrity; whereas, therefore, the

negotiations will be conducted between the United Kingdom, on the one hand, and the

Commission on behalf of the European Union and its remaining 27 Member States (EU-

27) on the other;

E. Whereas negotiations on the United Kingdom’s withdrawal from the European Union will

begin following adoption by the European Council of guidelines for those negotiations;

whereas this resolution represents Parliament’s position for these guidelines and will also

form the basis of the European Parliament’s assessment of the negotiation process and of

any agreement reached between the European Union and the United Kingdom;

F. Whereas, until it leaves the European Union, the United Kingdom must enjoy all the rights

and fulfil all the obligations deriving from the Treaties, including the principle of sincere

cooperation laid down in Article 4(3) TEU;

G. Whereas the United Kingdom has stated in its notification of 29 March 2017 its intention

to fall outside the jurisdiction of the Court of Justice of the European Union;

H. Whereas the United Kingdom Government has indicated in the same notification that its

future relationship with the European Union will not include membership of the internal

market nor membership of the customs union;

I. Whereas, nevertheless, continued membership by the United Kingdom of the internal

market, the European Economic Area and/or the customs union would have been the

optimal solution for both the United Kingdom and the EU-27; whereas this is not possible

as long as the United Kingdom Government maintains its objections to the four freedoms

and to the jurisdiction of the Court of Justice of the European Union, refuses to make a

general contribution to the Union budget and wants to conduct its own trade policy;

J. Whereas, following the result of the referendum to leave the European Union, the

Decision “concerning a new settlement for the United Kingdom within the European

Union” annexed to the European Council conclusions of 18 and 19 February 2016 is in

any case null and void in all its provisions;

K. Whereas the negotiations must be conducted with the aims of providing legal stability and

limiting disruption, and providing a clear vision of the future for citizens and legal entities;

L. Whereas a revocation of notification needs to be subject to conditions set by all EU-27 so

it cannot be used as a procedural device or abused in an attempt to improve the current

terms of the United Kingdom’s membership;

M. Whereas, without a withdrawal agreement, the United Kingdom would exit automatically

the European Union on 30 March 2019, and would do so in a disorderly manner;

N. Whereas a large number of United Kingdom citizens, including a majority in Northern

Ireland and Scotland, voted to remain in the European Union;

O. Whereas the European Parliament is especially concerned by the consequence of the

United Kingdom’s withdrawal from the European Union on Northern Ireland and its

future relations with Ireland; whereas in that respect it is crucial to safeguard peace and

therefore to preserve the Good Friday Agreement in all its parts, which was brokered with

the active participation of the Union, as the European Parliament emphasised in its

resolution of 13 November 2014 on the Northern Ireland peace process;

P. Whereas the withdrawal of the United Kingdom should compel the EU-27 and the Union

institutions to better address the current challenges and to reflect on their future and on

their efforts to make the European project more effective, more democratic, and closer to

their citizens; recalls the Bratislava roadmap of 16 September 2016 as well as the

resolutions of the European Parliament concerning this, the European Commission’s

White Paper of 1 March 2017 on the Future of Europe, the Rome Declaration of 25 March

2017 and the proposals of the High Level Group on Own Resources of 17 January 2017,

which may serve as a basis for this reflection;

1. Acknowledges the notification by the United Kingdom Government to the European

Council which formalises the United Kingdom’s decision to withdraw from the European

Union;

2. Calls for the negotiations between the European Union and the United Kingdom, provided

for in Article 50(2) TEU, to begin as soon as possible;

3. Reiterates the importance of the withdrawal agreement and any possible transitional

arrangement(s) entering into force well before the elections to the European Parliament

of May 2019;

4. Recalls that the withdrawal agreement can only be concluded with the consent of the

European Parliament, as is also the case for any possible future agreement on relations

between the European Union and the United Kingdom as well as any possible transitional

arrangements;

General principles for the negotiations

5. Expects that, to ensure an orderly exit of the United Kingdom from the European Union,

the negotiations between the European Union and the United Kingdom must be conducted

in good faith and full transparency; recalls that the United Kingdom will continue to enjoy

its rights as a Member State of the European Union until the withdrawal agreement comes

into force and will therefore also remain bound by its duties and commitments arising

therefrom;

6. Recalls that, in this respect, it would be contrary to Union law for the United Kingdom to

begin, in advance of its withdrawal, negotiations on possible trade agreements with third

countries; stresses that such an action would be in contradiction with the principle of

sincere cooperation laid down in Article 4(3) TEU and should have consequences among

which the United Kingdom’s exclusion from the procedures for trade negotiations laid

out in Article 218 TFEU; emphasises that the same must apply in other policy areas where

the United Kingdom would continue shaping Union legislation, actions, strategies or

common policies in a way that favours its own interests as a departing Member State,

rather than the interests of the European Union and of the EU-27;

7. Warns that any bilateral arrangement between one or several remaining Member States

and the United Kingdom, that has not been agreed by the EU-27, on the issues included

in the scope of the withdrawal agreement and/or impinging on the future relationship of

the European Union with the United Kingdom, would also be in contradiction with the

Treaties; warns moreover that this would especially be the case for any bilateral

agreement and/or regulatory or supervisory practice that would relate, for instance, to any

privileged access to the internal market for United Kingdom-based financial institutions

at the expense of the Union’s regulatory framework or to the status of European Union

citizens in the United Kingdom, or vice versa;

8. Believes that the mandate and the negotiation directives given throughout the whole

negotiation process must fully reflect the positions and interests of the citizens of the EU-

27, including those of Ireland which will be particularly affected by the withdrawal of the

United Kingdom from the European Union;

9. Hopes that under these conditions the European Union and the United Kingdom will

establish a future relationship that is fair, as close as possible and balanced in terms of

rights and obligations; regrets the decision by the United Kingdom Government not to

participate in the internal market, the European Economic Area or the customs union;

considers that a State withdrawing from the Union cannot enjoy similar benefits as a

European Union Member State and announces therefore that it will not consent to any

agreement that would contradict this;

10. Reaffirms that membership of the internal market and the customs union comprises

acceptance of the four freedoms, jurisdiction of the Court of Justice of the European

Union, general budgetary contributions and adherence to the European Union’ s common

commercial policy;

11. Stresses that the United Kingdom must honour all its legal, financial and budgetary

obligations, including commitments under the current multiannual financial framework,

falling due up to and after the date of its withdrawal;

12. Notes the proposed arrangements for the organisation of negotiations set down in the

statement by the Heads of State or Government of 27 Member States, as well as the

Presidents of the European Council and the European Commission, of 15 December 2016;

welcomes the nomination of the European Commission as Union negotiator and the

Commission’s nomination of Michel Barnier as its chief negotiator; points out that full

involvement of the European Parliament is a necessary precondition for it to give its

consent to any agreement reached between the European Union and the United Kingdom;

Sequencing of the negotiations

13. Underlines that, in accordance with Article 50(2) TEU, negotiations are to concern the

arrangements for the United Kingdom’s withdrawal while taking account of the

framework of the United Kingdom’s future relationship with the European Union;

14. Agrees that should substantial progress be made towards a withdrawal agreement then

talks could start on possible transitional arrangements on the basis of the intended

framework for the United Kingdom’s future relationship with the European Union;

15. Notes that an agreement on a future relationship between the European Union and the

United Kingdom as a third country can only be concluded once the United Kingdom has

withdrawn from the European Union;

Withdrawal agreement

16. States that the withdrawal agreement must be in conformity with the Treaties and the

Charter of Fundamental Rights of the European Union, failing which it will not obtain the

consent of the European Parliament;

17. Is of the opinion that the withdrawal agreement should address the following elements:

• The legal status of European Union citizens living or having lived in the United

Kingdom and of United Kingdom citizens living or having lived in other Member

States, as well as other provisions concerning their rights;

• The settlement of financial obligations between the United Kingdom and the

European Union;

• The European Union’s external border;

• The clarification of the status of the United Kingdom’s international commitments

taken as a Member of the European Union, given that the European Union of 27

Member States will be the legal successor of the European Union of 28 Member

States;

• Legal certainty for legal entities, including companies;

• The designation of the Court of Justice of the European Union as the competent

authority for the interpretation and enforcement of the withdrawal agreement;

18. Requires the fair treatment of EU-27 citizens living or having lived in the United

Kingdom and the United Kingdom citizens living or having lived in the EU-27 and is of

the opinion that their respective interests must be given full priority in the negotiations;

demands, therefore that the status and rights of European Union citizens residing in the

United Kingdom and United Kingdom citizens residing in the European Union, be subject

to the principles of reciprocity, equity, symmetry, non-discrimination, and demands

moreover the protection of the integrity of Union law, including the Charter of

Fundamental Rights, and its enforcement framework; stresses that any degradation of the

rights linked to freedom of movement, including discrimination between EU citizens in

their access to residency rights, before the date of withdrawal from the European Union

by the United Kingdom would be contrary to Union law;

19. Stresses that a single financial settlement with the United Kingdom on the basis of the

European Union’s annual accounts as audited by the Court of Auditors must include all

its legal liabilities arising from outstanding commitments as well as make provision for

off-balance sheet items, contingent liabilities and other financial costs that arise directly

as a result of its withdrawal;

20. Recognises that the unique position and the special circumstances confronting the island

of Ireland must be addressed in the withdrawal agreement; urges that all means and

measures, consistent with European Union law and the 1998 Good Friday Agreement, be

used to mitigate the effects of United Kingdom’s withdrawal on the border between

Ireland and Northern Ireland; insists in that context on the absolute need to ensure

continuity and stability of the Northern Ireland peace process and avoid the reestablishment

of a hard border;

Future European Union-United Kingdom relationship

21. Acknowledges the notification of 29 March 2017 and the White Paper of the United

Kingdom Government of 2 February 2017 on « The United Kingdom’s exit from and new

partnership with the European Union »;

22. Believes that the future relationship between the European Union and the United

Kingdom should be balanced, comprehensive and serve the interests of the citizens of

both parties and will therefore need sufficient time to be negotiated; stresses that it should

cover areas of common interests while respecting the integrity of European Union’s legal

order and the fundamental principles and values of the European Union, including the

integrity of the internal market as well as decision-making capacity and autonomy of the

European Union; notes that Article 8 TEU, as well as Article 217 TFEU which provides

for ‘establishing an association involving reciprocal rights and obligations, common

action and special procedures’, could provide an appropriate framework for such a future

relationship;

23. States that, whatever the outcome of the negotiations on the future European Union-

United Kingdom relationship, they cannot involve any trade-off between internal and

external security including defence cooperation, on the one hand, and the future economic

relationship, on the other hand;

24. Stresses that any future agreement between the European Union and the United Kingdom

is conditional on the United Kingdom’s continued adherence to the standards provided by

the Union’s legislation and policies, in among others the fields of environment, climate

change, the fight against tax evasion and avoidance, fair competition, trade and social

policy;

25. Opposes any future agreement between the European Union and the United Kingdom that

would contain piecemeal or sectorial provisions, including with respect to financial

services, providing United Kingdom-based undertakings preferential access to the

internal market and/or the customs union; underlines that after its withdrawal the United

Kingdom will fall into the third country regime provided for in Union legislation

;

26. Notes that if the United Kingdom requests to participate in certain European Union

programmes it will be as a third country including appropriate budgetary contributions

and oversight by the existing jurisdiction; would welcome in this context its continued

participation in a number of programmes, such as Erasmus;

27. Takes note that many citizens in the United Kingdom have expressed strong opposition

to losing the rights they currently enjoy pursuant to Article 20 TFEU; proposes that the

EU-27 examine how to mitigate this within the limits of Union primary law whilst fully

respecting the principles of reciprocity, equity, symmetry and non-discrimination;

Transitional arrangements

28. Believes that transitional arrangements ensuring legal certainty and continuity can only

be agreed between the European Union and the United Kingdom if they contain the right

balance of rights and obligations for both parties, preserve the integrity of European

Union’s legal order, with the Court of Justice of the European Union responsible for

settling any legal challenges; believes moreover that they must also be strictly limited in

time, not exceeding three years, and in scope as they can never be a substitute for

European Union membership;

Issues for the EU-27 and Union institutions

29. Calls for agreement to be reached as quickly as possible on the relocation of the European

Banking Authority and the European Medicines Agency and the process of relocation to

begin as soon as practicable;

30. Points out that a review and adjustment of Union law may be necessary to take account

of the United Kingdom’s withdrawal;

31. Believes that a revision covering the last two years of the current multiannual financial

framework is not required but that the impact of the United Kingdom’s withdrawal should

be dealt with by means of the annual budgetary procedure; underlines that the work on a

multiannual financial framework, including the question of own resources, should begin

immediately among the Union institutions and the EU-27;

32. Commits itself to finalising in time the legislative procedures on the composition of the

European Parliament under Article 14(2) TEU and on the electoral procedure on the basis

of its proposal under Article 223 TFEU annexed to its resolution of 11 November 2015

on reform of the electoral law of the European Union6; furthermore, and taking into

account Recital P of this resolution, believes that during the negotiations on the

withdrawal of, and on the establishing of a new relationship with the United Kingdom,

the remaining 27 Member States of the European Union, together with its institutions,

need to strengthen the present European Union by means of a broad public debate and to

start an in-depth interinstitutional reflection on its future;

Final provisions

33. Reserves the right to clarify its position on European Union-United Kingdom

negotiations, and, where appropriate, to adopt further resolutions, including on specific

matters or sectorial issues, in the light of the progress or otherwise of those negotiations;

34. Expects the European Council to take this resolution into account when adopting its

guidelines defining the framework for negotiations and setting out the overall positions

and principles that the European Union will pursue;

35. Resolves to determine its final position on the agreement(s) based on the assessment made

in line with the content of this and any subsequent European Parliament resolutions;

36. Instructs its President to forward this resolution to the European Council, the Council, the

Commission, the European Central Bank, the national parliaments and the Government

of the United Kingdom.