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Brexit negotiations

Between 2017 and 2019, representatives of the United Kingdom and the European Union negotiated the terms of Brexit, the UK's planned withdrawal from membership of the EU. These negotiations arose following the decision of the Parliament of the United Kingdom to invoke Article 50 of the Treaty on European Union, following the UK's EU membership referendum on 23 June 2016.

This article is about negotiations for the withdrawal of the United Kingdom from the European Union, 2017–2019. For the negotiations in 2020 towards a UK/EU trade agreement, see Trade negotiation between the UK and the EU.

Type

The negotiating period began on 29 March 2017, when the United Kingdom served its withdrawal notice under Article 50. The withdrawal was then planned to occur on 29 March 2019, two years after the date of notification, as specified by Article 50.


Negotiations formally opened on 19 June 2017, when David Davis, the UK's Secretary of State for Exiting the European Union, met Michel Barnier, the EU's Chief Negotiator.[2] They began to discuss a withdrawal agreement, including terms of a transitional period and an outline of the objectives for a future UK–EU relationship.


In March and April 2019, Prime Minister of the United Kingdom Theresa May and the European Council agreed to move the date of the UK's departure to 31 October 2019.[3][4]


May resigned as leader of the ruling Conservative Party on 7 June 2019,[5] and on 23 July, Boris Johnson was elected as her successor.[6] The Johnson ministry and EU agreed to resume regular meetings to discuss the withdrawal agreement on 28 August 2019,[7] but the UK declared a pre-condition that the Irish backstop must be scrapped, which the EU said it wouldn't accept.[8][9]


In October 2019, following bilateral talks between Johnson and Leo Varadkar (his Irish counterpart),[10] the UK and EU agreed to a revised deal, which replaced the backstop. In the new Northern Ireland protocol, the whole of the UK comes out of the EU Customs Union as a single customs territory. Northern Ireland will be included in any future UK trade deals, but it remains an entry point into the EU Customs Union, creating a de facto customs border between Northern Ireland and Great Britain. Following the 2019 UK general election, which returned a Conservative majority, the Withdrawal Agreement Bill and its programme motion passed first reading in the House of Commons.


The agreement was ratified by the UK, on 23 January 2020,[11] and by the EU on 29 January 2020,[12] confirming that a withdrawal agreement was in place when, as planned, the UK left the EU on 31 January 2020.


The withdrawal was followed by trade negotiation between the UK and the EU, which resulted in the EU–UK Trade and Cooperation Agreement (TCA), signed on 30 December 2020.

Europe Advisor to the Prime Minister and chief negotiator

Oliver Robbins

Secretary of State for Exiting the European Union until 8 July 2018.

David Davis

Secretary of State for Exiting the European Union from 9 July 2018 until 15 November 2018.

Dominic Raab

Secretary of State for Exiting the European Union from 16 November 2018.

Steve Barclay

Achieve the strengthening and convergence of member states' economies and establish an economic and monetary union including a single and stable currency,

Promote economic and social progress for their peoples, taking into account the principle of sustainable development and within the context of the accomplishment of the internal market and reinforced cohesion and environmental protection, and implement policies ensuring that advances in economic integration are accompanied by parallel progress in other fields,

Establish citizenship common to nationals of their countries,

Implement a common foreign and security policy including the progressive framing of a common defence policy, thereby reinforcing the European identity and its independence to promote peace, security and progress in Europe and the world,

Facilitate the , while ensuring the safety and security of their peoples, by establishing an area of freedom, security and justice,

free movement of persons

Continue the process of creating an ever-closer union among the peoples of Europe, in which decisions are taken as closely as possible to the citizen per the principle of subsidiarity.

"The Court of Justice of the European Union shall continue to have jurisdiction for any proceedings brought before it by the United Kingdom or against the United Kingdom before the end of the transition period. That jurisdiction shall extend to all stages of proceedings, including appeal proceedings before the Court of Justice and proceedings before the General Court after a case has been referred back to it."

"The Court of Justice of the European Union shall continue to have jurisdiction to give preliminary rulings on requests from courts and tribunals of the United Kingdom referred to it before the end of the transition period."

The concept of European Court of Justice competence creates complications. Some pro-Brexiteers believe the Court of Justice might be completely removed from the British landscape. Various other opinions consider that the Court of Justice or some equivalent should be able to rule on remaining issues after Brexit (for instance between a European and a British stakeholder), at least in respect of the TEU (Treaty on European Union), European Union citizens, or access to the European Single Market.[102]


After the 2017 negotiations, in February 2018 the European Commission Draft Withdrawal Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community[103] consider for instance that:

"No-deal" as a negotiating position [edit]

A No-deal Brexit would involve the United Kingdom leaving the European Union without any Free Trade Agreement and relying on the trading rules set by the World Trade Organization.[130] The British government has consistently said it will aim for the "best possible deal" but that "no deal is better than a bad deal". This position was restated in the Conservative Party manifesto for the 2017 general election.[131] In July 2017, Michel Barnier said that "a fair deal is better than no deal", because "In the case of Brexit, 'no deal is a return to a distant past".[132]


In June 2017, a Parliamentary inquiry concluded that "the possibility of 'no deal is real enough to justify planning for it. The Government has produced no evidence, either to this inquiry or in its White Paper, to indicate that it is giving the possibility of 'no deal' the level of consideration that it deserves, or is contemplating any serious contingency planning. This is all the more urgent if the Government is serious in its assertion that it will walk away from a 'bad deal."[133]


In September 2017, the BBC reported that there was little evidence of British government preparations for a "No Deal" scenario: "our government is not behaving like it is really preparing for No Deal – and the EU27 can surely see it."[134]

The (Euratom) – one of the original European Communities, legally distinct from the EU but having the same membership, from which the United Kingdom has also withdrawn.

European Atomic Energy Community

No-deal Brexit

UK Parliament – Brexit News

Gov.UK – Department for Exiting the European Union

UK Government – "Plan for Britain" website

Europa (EU official website) – UK – Brexit – overview

European Commission – Brexit negotiations website

European Commission – list of published negotiating documents

European Commission – Preparedness notices

Brexit, EC, CEU Timeline and list of key documents for Brexit negotiations

The Principle of Loyalty in EU Law, 2014, by Marcus Klamert, Legal Officer, European Commission

and commentary by David Allen Green

Resource page

Exchange Rates UK - Brexit Timeline With Chart for Impact on Pound Sterling

(Oireachtas)

Explanatory Memorandum for the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2019 introduced by the Irish government in the legislature