UK PROPOSED PRINCIPLES FOR DISCUSSION (ART. 50 NOTIFICATION)
Submitted by christian on Wed, 03/29/2017 - 15:55
- We should engage with one another constructively and respectfully, in a spirit of sincere cooperation. 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.
- 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.
- 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.
- 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
- 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 jeopardize the peace process in Northern Ireland, and to continue to uphold the Belfast Agreement.
- 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, UK officials will put forward detailed proposals for deep, broad and dynamic cooperation.
- We should continue to work together to advance and protect our shared European values. Perhaps 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.
European Parliament resolution on negotiations with the United Kingdom following its notification that it intends to withdraw from the European Union
General principles for the negotiations
- 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;
- Recalls that in this respect it would be contrary to EU 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 UK’s exclusion from the procedures for trade negotiations laid out in Article 218 TFEU; emphasizes that the same must apply in other policy areas where the United Kingdom would continue shaping EU 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 EU and of its Member States;
- 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 Union with the United Kingdom, would also be in contradiction with the Treaties; 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 Single Market for UK based financial institutions at the expense of the EU’s regulatory framework or to the status of EU citizens in the United Kingdom or vice versa;
- Believes that the mandate and the negotiation directives given throughout the whole negotiation process must fully reflect the positions and interests of the citizens and the Member States of the EU 27, including those of Ireland which will be particularly affected by the withdrawal of the United Kingdom from the EU;
- Hopes that under these conditions the EU 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 Single Market, the European Economic Area or the Customs Union; considers that a State leaving the Union cannot enjoy similar benefits as an EU Member State and announces therefore that it will not consent to any agreement that would contradict this;
- Reaffirms that membership of the Single Market and the Customs Union comprises acceptance of the four freedoms, jurisdiction of the European Court of Justice, general budgetary contributions and adherence to the EU’ s common trade policy;
- 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;
- Notes the proposed arrangements for the organisation of negotiations set down in the statement by the 27 Heads of State and Governments of the European Union 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 Parliament to give its consent to any agreement reached between the European Union and the United Kingdom;
Sequencing of the negotiations
- Underlines that, according to Article 50(2) TEU, negotiations shall concern the arrangements for the United Kingdom’s withdrawal while taking account of the framework of the United Kingdom’s future relationship with the Union;
- 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 EU;
- Notes that a future relationship agreement between the European Union and United Kingdom as a third country can only be concluded once the United Kingdom has withdrawn from the EU;
Withdrawal agreement
- States that the withdrawal agreement must be in conformity with the Treaties and the Charter of Fundamental Rights, failing which it shall not obtain the consent of the European Parliament;
- Is of the opinion that the agreement should address the following elements: The legal status of European Union citizens living or having lived in the United Kingdom and of UK citizens living or having lived in other Member States as well as other provisions as to their rights; The settlement of financial obligations between the United Kingdom and the European Union; The 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 Union at 27 will be the legal successor of the Union at 28; The 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.
- Requires the fair treatment of EU-27 citizens living or having lived in the United Kingdom and the UK 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 nationals residing in the European Union, be subject to the principles of reciprocity, equity, symmetry, non-discrimination, and the protection of the integrity of Union law, including the Charter of Fundamental Rights, and its enforcement framework; stresses that any degradation of the right of residency before the date of withdrawal from the EU by the UK is against EU law;
- Stresses that a single financial settlement with the United Kingdom on the basis of the EU’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;
- Recognizes 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 withdrawal on the border between Ireland and Northern Ireland; insists in this context on the absolute need to ensure continuity and stability of the Northern Ireland Peace Process and avoid the re-establishment of a hard border;
Future EU-United Kingdom relationship
- Acknowledges the notification of 29 March 2017 and the White Paper on “The United Kingdom’s exit from and new partnership with the European Union”;
- 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 EU’s legal order and the fundamental principles and values of the Union, including the integrity of the Single Market as well as decision making capacity and autonomy of the Union; notes that Article 8 TEU and Article 217 TFEU ‘establishing an association involving reciprocal rights and obligations, common action and special procedures’ could provide an appropriate framework for such a future relationship;
- States that, whatever the outcome of the negotiations on the future EU-UK 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;
- 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 polices, in among others the fields of environment, climate change, the fight against tax evasion and avoidance, fair competition, trade and social policy;
- Opposes any agreement between the EU and the United Kingdom that would contain piecemeal or sectorial provisions, including with respect to financial services, providing UK-based undertakings preferential access to the Single Market and, or the Customs Union; underlines that after its withdrawal the UK will fall into the third country regime foreseen in EU legislation;
- Notes that if the United Kingdom requests to participate in certain EU 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;
- 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 EU primary law whilst fully respecting the principles of reciprocity, equity, symmetry and non-discrimination;
Transitional arrangements
- 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 legal order, with the European Court of Justice responsible for settling any legal challenges; they must also be strictly limited in time, and should not exceed three years, and in scope as they can never be a substitute for Union membership;
Issues for the EU-27 and EU Institutions
- 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;
- Points out that a review and adjustment of EU law may be necessary to take account of the United Kingdom’s withdrawal;
- Believes that a revision covering the last two years of the current multiannual financial framework is not required but that the impact of UK withdrawal 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 EU institutions and the EU-27;
- Commits itself to finalise in time the legislative procedures on the seats within the European Parliament and on the electoral procedure on the basis of its proposal under Article 223 TFEU; 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 27 Member States of the European Union, together with its institutions, need to strengthen the present Union and to start an in-depth interinstitutional reflection on its future;
Final provisions
- Reserves the right to clarify its position on EU-UK negotiations, and, where appropriate, to adopt further resolutions, also on specific matters or sectorial issues, in light of the progress or otherwise of these negotiations;
- 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 EU will pursue;
- 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 resolutions;
- 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.
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