Insights Council of the European Union publishes draft negotiating guidelines on Brexit

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The guidelines state that, in the negotiations, “the Union will act as one”. It will be constructive throughout and will strive to find an agreement in the best interests of both sides. The Union will “work hard to achieve that outcome, but it will prepare itself to be able to handle the situation also if the negotiations were to fail”, the document states.

The document states that the Council will continue to base itself on the principles set out in the statement of Heads of State or Government and of the Presidents of the European Council and the European Commission on 29 June 2016. The Council reiterates its wish to have the UK as “a close partner” in the future. It further reiterates that any agreement with the UK will have to be based on a balance of rights and obligations, and ensure a level-playing field.

Preserving the integrity of the Single Market excludes participation based on a sector-by-sector approach, the guidelines state. “A non-member of the Union, that does not live up to the same obligations as a member, cannot have the same rights and enjoy the same benefits as a member”. In this context, the Council says that it welcomes the recognition by the UK Government that the four freedoms of the Single Market are indivisible and that there can be no “cherry picking”.

According to the guidelines, negotiations will be conducted “as a single package”. In accordance with the principle that nothing is agreed until everything is agreed, individual items cannot be settled separately. The Union will approach the negotiations with unified positions, and will engage with the UK exclusively through the channels set out in the guidelines and in the negotiating Directives. So as not to undercut the position of the Union, there will be no separate negotiations between individual Member States and the UK on matters pertaining to the withdrawal of the UK from the Union.

On the date of withdrawal, the Treaties will cease to apply to the UK, to those of its overseas countries and territories currently linked to the Union, and to territories for whose external relations the UK is responsible. The main purpose of the negotiations will be, the document states, “to ensure the United Kingdom’s orderly withdrawal so as to reduce uncertainty and, to the extent possible, minimise disruption caused by this abrupt change”. To read the guidelines in full, click here.

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