UPN, Alm.del - 2017-18 - Bilag 142: Endeligt forhandlingsdirektiv vedr. Storbritanniens udtræden af EU

Det Udenrigspolitiske Nævn 2017-18
UPN Alm.del Bilag 142
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Council of the

European Union

Brussels, 22 January 2018

(OR. en)

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LEGISLATIVE ACTS AND OTHER INSTRUMENTS

Subject:

COUNCIL DECISION supplementing the Council Decision of 22 May 2017

authorising the opening of negotiations with the United Kingdom of Great

Britain and Northern Ireland for an agreement setting out the arrangements

for its withdrawal from the European Union

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UPN, Alm.del - 2017-18 - Bilag 142: Endeligt forhandlingsdirektiv vedr. Storbritanniens udtræden af EU

COUNCIL DECISION

of …

supplementing the Council Decision of 22 May 2017

authorising the opening of negotiations

with the United Kingdom of Great Britain and Northern Ireland

for an agreement setting out the arrangements for its withdrawal from the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 50 thereof, in conjunction

with Article 218(3) of the Treaty on the Functioning of the European Union,

Having regard to the guidelines of the European Council,

Having regard to the recommendation from the European Commission,

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UPN, Alm.del - 2017-18 - Bilag 142: Endeligt forhandlingsdirektiv vedr. Storbritanniens udtræden af EU

Whereas:

(1)

On 29 April 2017, the European Council adopted guidelines that define the framework for

negotiations under Article 50 of the Treaty on European Union (TEU) and set out the

overall principles that the Union will pursue throughout the negotiation.

(2)

On 22 May 2017, the Council authorised the opening of negotiations with the United

Kingdom of Great Britain and Northern Ireland for an agreement setting out the

arrangements for its withdrawal from the European Union (the 'Withdrawal Agreement')

and adopted directives for its negotiation.

(3)

(4)

The opening of negotiations took place on 19 June 2017.

On 3 October 2017, the European Parliament adopted a resolution on the state of play of

the negotiations with the United Kingdom.

(5)

Noting the progress made until then, on 20 October 2017, the European Council called for

work to continue with a view to consolidating the convergence achieved and pursuing

negotiations in order to be able to move to the second phase of the negotiations as soon as

possible. The European Council thus invited the Council together with the Union

negotiator to start internal preparatory discussions, including on possible transitional

arrangements.

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UPN, Alm.del - 2017-18 - Bilag 142: Endeligt forhandlingsdirektiv vedr. Storbritanniens udtræden af EU

(6)

On 8 December 2017, in its Communication on the state of progress of the negotiations

with the United Kingdom under Article 50 of the Treaty on European Union, the

Commission recommended to the European Council to conclude that sufficient progress

had been made in the first phase of the negotiations on the orderly withdrawal of the

United Kingdom from the Union, allowing the negotiations to proceed to their second

phase. The Commission also stated that it stood ready to begin work immediately on

transitional arrangements, should the European Council so decide.

(7)

The Commission's recommendation was based on the Joint Report of 8 December 2017

from the negotiators of the European Union and the United Kingdom Government on

progress during phase 1 of negotiations under Article 50 TEU on the United Kingdom's

orderly withdrawal from the European Union.

(8)

On 13 December 2017, the European Parliament adopted a resolution on the state of play

of negotiations with the United Kingdom.

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(9)

In its guidelines of 15 December 2017, the European Council welcomed the progress

achieved during the first phase of the negotiations and decided that it was sufficient to

move to the second phase related to transition and the framework for the future

relationship. The European Council called on the Commission as Union negotiator and the

United Kingdom to complete the work on all withdrawal issues, including those not yet

addressed in the first phase, in conformity with the European Council guidelines of

29 April 2017, and to consolidate the results obtained in particular by drafting the relevant

parts of the Withdrawal Agreement. The European Council called on the Commission to

put forward appropriate recommendations to that effect, and on the Council to adopt

additional negotiating directives on transitional arrangements.

(10)

It is therefore necessary to supplement the negotiating directives set out in the Annex to the

Council Decision of 22 May 2017

Council Decision of 22 May 2017 authorising the opening of negotiations with the United

Kingdom of Great Britain and Northern Ireland for an agreement setting out the

arrangements for its withdrawal from the European Union (XT 21016/17).

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UPN, Alm.del - 2017-18 - Bilag 142: Endeligt forhandlingsdirektiv vedr. Storbritanniens udtræden af EU

(11)

In accordance with Article 106a of the Treaty establishing the European Atomic Energy

Community, Article 50 TEU applies to the European Atomic Energy Community.

(12)

In accordance with Article 50 TEU, the member of the European Council or the Council

representing the withdrawing Member State is not to participate in the discussions of the

European Council or Council or in decisions concerning it,

HAS ADOPTED THIS DECISION:

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Article 1

The Commission shall conduct the negotiations, on behalf of the Union, for an agreement with the

United Kingdom of Great Britain and Northern Ireland setting out the arrangements for its

withdrawal from the European Union and from the European Atomic Energy Community, taking

account of the framework for its future relationship with the Union, in the light of the guidelines

adopted by the European Council and in line with the negotiating directives set out in the Annex to

the Council Decision of 22 May 2017, as supplemented by the negotiating directives set out in the

Annex to this Decision.

Article 2

This Decision is addressed to the Commission.

Done at Brussels,

For the Council

The President

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