European Council
The President
Brussels, 9 April 2019
Dear colleagues,
Last week I received a letter from Prime Minister May requesting a further extension of the Article
50 period, until 30 June 2019. In her letter the Prime Minister states that the UK government's
policy remains to leave the EU in an orderly way, and that it is therefore now seeking a consensus
across the House of Commons on the right way forward. She also adds that, if the UK were an EU
member on 23 May 2019, it would be under a legal obligation to hold elections to the European
Parliament.
Given the risks posed by a no-deal Brexit for people and businesses on both sides of the English
Channel, I trust that we will continue to do our utmost to avoid this scenario. Therefore I propose
that we consider Prime Minister May's request for an extension at our meeting tomorrow.
However, our experience so far, as well as the deep divisions within the House of Commons, give
us little reason to believe that the ratification process can be completed by the end of June. In
reality, granting such an extension would increase the risk of a rolling series of short extensions
and emergency summits, creating new cliff-edge dates. This, in turn, would almost certainly
overshadow the business of the EU27 in the months ahead. The continued uncertainty would also
be bad for our businesses and citizens. Finally, if we failed to agree on any next extension, there
would be a risk of an accidental no-deal Brexit.
This is why I believe we should also discuss an alternative, longer extension. One possibility would
be a flexible extension, which would last only as long as necessary and no longer than one year,
as beyond that date we will need to decide unanimously on some key European projects. The
flexibility would allow to terminate the extension automatically, as soon as both sides have ratified
the Withdrawal Agreement. The UK would be free to leave whenever it is ready. And the EU27
would avoid repeated Brexit summits. Importantly, a long extension would provide more certainty
and predictability by removing the threat of constantly shifting cliff-edge dates. Furthermore, in the
event of a continued stalemate, such a longer extension would allow the UK to rethink its Brexit
strategy.
Some of you have raised concerns that the UK's continued presence as a departing EU country
would pose risks for the functioning of the EU27 at a time of key decisions on its future. To address
them we would need to agree on a number of conditions: no re-opening of the Withdrawal
Agreement; no start of the negotiations on the future, except for the Political Declaration; the UK
would have to maintain its sincere cooperation also during this crucial period, in a manner that
reflects its situation as a departing member state. We should remember, however, that the United
Kingdom will remain a member state with full rights and obligations. And, in any event, the UK can
revoke Article 50 at any time, as stated by the European Court of Justice.
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