Europaudvalget 2017-18
EUU Alm.del Bilag 335
Offentligt
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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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 EUU, Alm.del - 2017-18 - Bilag 335: Endeligt forhandlingsdirektiv vedr. overgangsordninger og Art. 50 forhandlingerne om Storbritanniens udtræden af EU
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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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 EUU, Alm.del - 2017-18 - Bilag 335: Endeligt forhandlingsdirektiv vedr. overgangsordninger og Art. 50 forhandlingerne om Storbritanniens udtræden af EU
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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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(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
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.
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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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(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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