Guide to Brexit

Next steps

The negotiations

Article 50 of the Treaty on European Union requires the EU to negotiate an agreement with the member state that is withdrawing, setting out the arrangements for withdrawal and taking account of the framework for the member state’s future relationship with the EU. In April 2017, the European Council adopted a set of political guidelines which define the framework for the negotiations and set out the EU's overall positions and principles. These guidelines state that the EU wishes to have the UK as a close partner after it withdraws from the EU.

The European Commission is representing the EU27 (all European Union members excluding the UK) as a whole in negotiating the UK’s withdrawal agreement. There are no separate negotiations between individual EU member states and the UK.

The Commission has set up a Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom. The chief negotiator is Michel Barnier.

The first phase of negotiations focused on the most immediate issues. The 3 priority issues were:

• The rights of EU citizens in the UK and of UK citizens in the EU
• The framework for addressing the unique circumstances in Northern Ireland
• The financial settlement needed for the UK to honour past financial commitments

The first phase of negotiations concluded in December 2017, with both parties agreeing in principle how these 3 issues would be progressed. You can read the joint report (pdf) from the negotiations.

The second phase of the negotiations concerns the framework for the future relationship between the EU and the UK. Discussions about trade agreements have been central to the continued negotiations. Other issues for negotiation include future cooperation in security, defence and foreign policy.

One of the EU’s core negotiating principles is that the withdrawal agreement must be a single comprehensive package, with no individual matters being settled separately to the agreement as a whole. This means that if both parties cannot agree on a significant issue – such as the border between Ireland and Northern Ireland – this could undermine the withdrawal agreement as a whole.

It is important to note that the UK is currently a member of the European Union and that it will continue to be a member while negotiations are taking place.

Draft withdrawal agreement

The EU Commission’s Task Force published a draft withdrawal agreement in February 2018. This includes protocols on citizens' rights, transitional arrangements, Ireland and Northern Ireland and institutional provisions, such as the Court of Justice of the European Union.

The protocol on the border between Ireland and Northern Ireland has not been agreed and is still part of the ongoing negotiations between the EU and the UK. If no solutions are reached before the UK’s scheduled withdrawal, a backstop option has been agreed in principle. This would see Northern Ireland keep full regulatory alignment with the rules of the EU single market and customs union, avoiding the need for a hard border between Ireland and Northern Ireland. How exactly this arrangement would be implemented continues to be negotiated.

If the backstop option is enforced, the EU and UK can continue to negotiate other possible arrangements while it is in place. If both parties agree a different protocol, the new protocol will then replace the backstop arrangement.

In June 2018, the EU and UK jointly published information about progress made in negotiations on the draft withdrawal agreement.

Transition period after the UK leaves the EU

In January 2018, the European Council agreed negotiating directives for transitional arrangements after the UK leaves the EU. The period after UK withdrawal is known as the transition period. The proposed end date for the transition period in the negotiating directives is 31 December 2020.

During the transition period the UK will remain under the jurisdiction of the European Court of Justice and stay within the single market and the customs union. All EU regulations will continue to apply to the UK, including changes made to these regulations during this period. However, the UK will no longer have voting rights in the institutions of the EU. During this time the UK can make trade deals with countries outside the EU – although they cannot come into force until 1 January 2021.

How the negotiations will finish

There are many matters still to be negotiated between the UK and the EU. Agreeing a protocol on the border between Ireland and Northern Ireland is one of these.

The negotiations on the withdrawal agreement must be completed by 29 March 2019, 2 years after the UK gave notice under Article 50 of its intention to leave the EU. At the end of the negotiation period, the proposed withdrawal agreement will be presented to the European Council and the European Parliament. Both institutions will then vote on the agreement:

• The European Parliament must approve the proposed agreement by a vote of simple majority (where 15 or more member states vote in favour)
• The European Council must then approve the agreement by a vote of strong qualified majority (where 20 or more member states vote in favour and together these states represent 65% or more of the total EU population)

The UK must also ratify the agreement.

If a withdrawal agreement is formally endorsed by both parties, the EU Treaties will cease to apply to the UK from the date on which the agreement enters into force.

If no such agreement is reached, the EU treaties will no longer apply to the UK on 29 March 2019 – 2 years after the UK’s notification of withdrawal. The European Council can decide to extend this deadline by a unanimous vote (where every member state – including the UK – votes in favour).