United Kingdom invocation of Article 50 of the Treaty on European Union

• The tables in the attached paper provide a summary of the UK and EU positions in the future relationship negotiations, based on publicly available documents and statements

  The EU and UK agreed a Political Declaration (PD) setting out the framework for the future EU-UK relationship, alongside the Withdrawal Agreement (WA), on 17 October 2019.

• This elaborated on positions previously set out in a House of Commons written statement by the Prime Minister on 3 February.
• The UK and EU positions going into the negotiations were summarised in the House of Commons Library briefing paper 8834, The UK-EU future relationship negotiations: process and issues.
• The European Commission published a draft future relationship treaty on 18 March which provides more clarity and detail on its position.

• The European Union Committee has adopted a new structure to reflect the United Kingdom's changed relationship with the European Union.
• The new structure, which involves a reduction from six to four EU facing Sub-Committees, sits alongside a revised terms of reference agreed by the House of Lords on 17 March 2020, is designed to help the Committee to scrutinise the Government's policies and actions in respect of the EU, including the conduct of negotiations on the UK-EU relationship and its implementation of the Withdrawal Agreement, and to consider EU proposals in detail.
• The Committee will also, through its new International Agreements sub-committee, scrutinise all new international agreements, or treaties, negotiated and concluded by the UK Government with countries and organisations other than the EU.

• On 29 March 2017, the Government of the United Kingdom notified its intention to withdraw from the EU, in accordance with Article 50 of the Treaty on European Union (TEU).
• This resolution is also the basis of Parliaments assessment of the negotiation process and of any agreement reached between the EU and the UK.
• The UK submitted three consecutive requests to the EU for an extension of the period provided for in Article 50(3) of the TEU.
• The first extension was granted until 12 April 2019 (European Council Decision (EU) 2019/476), the second until 31 October 2019 (European Council Decision (EU) 2019/584), and the final one until 31 January 2020 (European Council Decision (EU) 2019/1810).
• Also on 17 October 2019, the European Council endorsed the amended WA and approved the revised text of the political declaration.
• By Decision (EU) 2019/1750 of 21 October 2019[14], and Decision (EU) 2020/48 of 21 January 2020[15] the Council amended its draft decision on the signing of the WA.
• The competent committee for consent is the Committee on Constitutional Affairs (AFCO) in line with Parliaments Rules of Procedure.
• The Conference of Presidents decided that the remaining committees concernedby the withdrawal procedure could provide opinions in the form of letters on AFCOs draft recommendation on consent.
• Ten committees have issued opinions in form of letters, which are attached to this consent recommendation.
• In accordance with Rule 88 of its Rules of Procedure, the European Parliament approves the WA by a simple majority.
• The role of the European Parliament The European Parliament is not formally involved in the negotiations of the withdrawal of a Member State.
• Orderly withdrawal For Parliament, an orderly exit was essential in order to protect the interests of the European Union and of its citizens.
• Citizens rights Article 50 of the TEU does not provide for a guarantee of the status of EU citizens.
• The issue of citizens rights was therefore given great attention by both parties from the earliest stages of the negotiations.
• (e) Providing for the role of the future independent national authority created to act on citizens complaints.
• However, the constitution, composition and functions of the independent authority are not defined in the WA, being established in the UK European Union (Withdrawal Agreement) Bill.
• The European Parliament will continue to monitor very closely the implementation of the WA as a whole, and of the citizens rights chapter in particular.

House of Commons Library

Planning for a no-deal Brexit

• After Boris Johnson became Prime Minister in July 2019 the Government intensified planning for a no-deal Brexit and stressed its intention to take the UK out of the EU on 31 October with or without a deal.
• A no-deal Brexit however remains the default outcome if an agreement is not ratified.
• This briefing paper provides an overview of Government and EU preparations for a no-deal Brexit, and of recent reports analysing the possible impact of this outcome

Brexit developments: The Johnson Government

• Following the passage of the Act, the Government continued to insist that the UK would leave the EU on 31 October.
• The Government pressed ahead with its attempts to ratify the revised Withdrawal Agreement, introducing the European Union (Withdrawal Agreement) Bill.
• The Government then said it was intensifying its planning for a no-deal Brexit on 31 October.
• The Government suspended its planning for an imminent no-deal Brexit.
• In the absence of UK and EU ratification of a withdrawal agreement, a no-deal Brexit remains the default scenario unless the UK revokes the Article 50 notice.

No-deal planning under Theresa May’s Government

• Theresa Mays Government stepped up planning for a no-deal Brexit in the summer of 2018, beginning the publication of detailed no-deal guidance.
• In December 2018, the Government said it would be implementing its no-deal plans in full.
• The Government planning included increased funding for a no-deal scenario, within the 4.2 billion allocated for planning for all Brexit scenarios.

No-deal planning under Boris Johnson’s Government

• After taking over as Prime Minister, Boris Johnson said that the Government would be turbo-charging no-deal Brexit preparations.
• The preparations included new Government committees to oversee the process, and an additional 2.1 billion in funding to prepare for a no-deal Brexit on 31 October.
• This included funding for additional border force officials and to address congestion around ports.
• In addition, the Government launched the Get Ready for Brexit advertising campaign, providing 100 million to fund the campaign.
• The Government was also laying the final statutory instruments to ensure all critical Brexit-legislation was in place for exit day.
• Operation Yellowhammer was stood down following confirmation that the EU had agreed to extend the Article 50 period on 28 October.

EU no-deal preparations

• Further contingency measures were announced at the beginning of April 2019, providing for continuation of basic air, road and rail transport connectivity between the UK and EU for a limited period of time, and a legal framework for continued reciprocal fishing access.
• In July 2019, the EU adopted a regulation enabling continued funding to the UK from EU programmes in 2019 provided the UK continues to contribute to the EU budget and follows EU rules.
• The EU has ruled out mini deals with the UK in the event of no deal, instead focusing on unilateral measures to provide for continuity in some areas.
• In a no-deal scenario decisions on the rights of UK citizens in EU Member States will fall to the Member States themselves.

UK disengagement from the EU

• Along with increasing its no-deal preparations, Boris Johnsons Government reduced the UK presence in EU institutions and decision-making.
• It announced that there would no longer be a UK presence at some EU meetings.
• Since July, the UK has abstained in all but one vote in the Council of the EU.
• The outgoing European Commission, including the UK Commissioner Sir Julian King, currently remains in office in a caretaker capacity.

Recent ‘no deal’ analysis

• This also includes Government reports (some leaked to the press) and reports from other public bodies and prominent organisations.
• It also warned of the possible closure of two oil refineries, job losses, strike action and protests.
• The Government published a version of the report in September after being required to do so by a Commons motion.
• A National Audit Office report in October also said there were significant risks to the smooth operation of the border, with disruption likely.
• A HMRC report in October said additional administrative burdens for UK-EU trade would cost UK businesses 7.5 billion a year.



Commons Briefing papers CBP-8733