Executive Summary:
This European Council Decision, taken in agreement with the United Kingdom on March 22, 2019, extends the period under Article 50(3) TEU regarding the UK's withdrawal from the EU. The extension is conditional upon the UK House of Commons approving the Withdrawal Agreement by March 29, 2019. If the agreement is not approved, the period is extended until April 12, 2019, by which date the UK must indicate a way forward.
Key Points / Main Content:
Extension of Article 50(3) Period:
* If the Withdrawal Agreement is approved by the House of Commons by March 29, 2019, the period under Article 50(3) TEU is extended until May 22, 2019.
* If the Withdrawal Agreement is not approved by the House of Commons by March 29, 2019, the period under Article 50(3) TEU is extended until April 12, 2019.
Obligations During Extension:
* The United Kingdom remains a Member State with all rights and obligations under the Treaties and Union law during the extension.
* If the UK is still a Member State on May 23, 2019, it is obligated to hold elections to the European Parliament.
* The UK would have to give notice of the poll by April 12, 2019, in order to hold such elections.
Limitations of Extension:
* The extension excludes any reopening of the Withdrawal Agreement.
* Any unilateral commitment, statement, or other act by the United Kingdom must be compatible with the Withdrawal Agreement.
Adoption and Entry into Force:
* The decision was adopted on March 22, 2019, and entered into force on the same day.
Impact Analysis:
European Union:
Impact: The EU grants a conditional extension to the Article 50(3) period, maintaining the UK's membership status with corresponding rights and obligations during the extended period.
Action Required: Monitor the UK House of Commons vote on the Withdrawal Agreement and prepare for potential scenarios based on the outcome.
United Kingdom:
Impact: The UK receives an extension to the Article 50(3) period, dependent on the House of Commons' approval of the Withdrawal Agreement. The UK retains its rights and obligations as a member state during the extension, including the potential obligation to participate in European Parliament elections.
Action Required: The House of Commons must vote on the Withdrawal Agreement by March 29, 2019. If the agreement is not approved, the UK must propose a way forward to the European Council by April 12, 2019 and if they are still a member state on May 23, 2019, they must prepare for European Parliament elections.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
United Kingdom: A sovereign country in Europe that was formerly a member state of the European Union, and which triggered Article 50 to withdraw.
European Council: A collective body of heads of state or government of the European Union, which defines the general political direction and priorities of the EU.
Article 50 TEU: Article 50 of the Treaty on European Union, which outlines the procedure for a member state to withdraw from the European Union.
Withdrawal Agreement: The agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.
European Atomic Energy Community: An international organisation established by the Treaty of Rome in 1957 with the purpose of creating a specialist market for nuclear power in Europe.
House of Commons: The lower house of the Parliament of the United Kingdom.
Brussels: The capital of Belgium and a major center for European Union politics.
22.3.2019 EN Official Journal of the European Union L 80 I/1
II
(Non-legislative acts)
DECISIONS
EUROPEAN COUNCIL DECISION (EU) 2019/476
taken in agreement with the United Kingdom
of 22 March 2019
extending the period under Article 50(3)TEU
THE EUROPEAN COUNCIL,
Having regard to the Treaty on European Union, and in particular Article 50(3) thereof,
Whereas:
(1) On 29 March 2017, the United Kingdom notified the European Council of its intention to withdraw from the
European Union and the European Atomic Energy Community (‘Euratom’) in accordance with Article 50 Treaty
on the European Union, which applies to Euratom by virtue of Article 106a of the Treaty establishing the
European Atomic Energy Community.
(2) On 22 May 2017, the Council authorised the Commission to open negotiations with the United Kingdom for an
agreement setting out the arrangements for its withdrawal, taking account of the framework for its future
relationship with the Union.
(3) The negotiations were conducted in the light of the Guidelines of 29 April and 15 December 2017 and of
23 March 2018 provided by the European Council with the overall objective of ensuring an orderly withdrawal
of the United Kingdom from the Union and Euratom.
(4) On 14 November 2018, the President of the European Commission sent to the President of the European
Council the draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland
from the European Union and the European Atomic Energy Community (‘Withdrawal Agreement’), for which the
government of the United Kingdom had signalled its approval. On 22 November 2018, the President of the
European Commission submitted to the President of the European Council the draft Political declaration setting
out the framework for the future relationship between the European Union and the United Kingdom of Great
Britain and Northern Ireland (‘Political Declaration’), agreed at negotiators' level and agreed in principle at
political level, subject to the endorsement of the Leaders.
(5) On 25 November 2018, the European Council endorsed the Withdrawal Agreement and approved the Political
Declaration.
(6) On 11 March 2019, the President of the European Commission sent to the President of the European Council the
Instrument relating to the Withdrawal Agreement and the Joint Statement supplementing the Political
Declaration, agreed between Prime Minister May and the President of the European Commission Juncker and
endorsed by the European Commission on the same day. On 21 March 2019, the European Council approved
both documents.
(7) According to Article 50(3) TEU, the Treaties are to cease to apply to the withdrawing State from the date of entry
into force of the Withdrawal Agreement or, failing that, two years after the notification, unless the European
Council, in agreement with the Member State concerned, unanimously decides to extend this period.L 80 I/2 EN Official Journal of the European Union 22.3.2019
(8) By letter of 20 March 2019, the United Kingdom submitted a request for an extension of the period provided for
in Article 50(3) TEU until 30 June 2019, with a view to finalising the ratification of the Withdrawal Agreement.
(9) On 21 March 2019, the European Council agreed to an extension until 22 May 2019, provided the Withdrawal
Agreement is approved by the House of Commons in the following week. If that is not the case, the European
Council agreed to an extension until 12 April 2019 and indicated that it expected the United Kingdom to
indicate a way forward before 12 April 2019 for its consideration.
(10) This extension will have the consequence that the United Kingdom will remain a Member State with all the rights
and obligations set out in the Treaties and under Union law. If the United Kingdom is still a Member State on
23-26 May 2019, it will be under the obligation to hold the elections to the European Parliament in accordance
with Union law. It is to be noted that the United Kingdom would have to give notice of the poll by
12 April 2019 in order to hold such elections.
(11) Such an extension excludes any re-opening of the Withdrawal Agreement. Any unilateral commitment, statement
or other act by the United Kingdom should be compatible with the letter and the spirit of the Withdrawal
Agreement.
(12) As provided for in Article 50(4) TEU, the United Kingdom has not taken part in the discussions of the European
Council concerning this decision nor in its adoption. However, as set out in the letter from the Permanent
Representative of the UK to the European Union, Sir Tim Barrow, of 22 March 2019, it has agreed, in accordance
with Article 50(3) TEU, to the extension of the period referred to in that Article and to this decision,
HAS ADOPTED THIS DECISION:
Article 1
In the event that the Withdrawal Agreement is approved by the House of Commons by 29 March 2019 at the latest, the
period provided for in Article 50(3) TEU is extended until 22 May 2019.
In the event that the Withdrawal Agreement is not approved by the House of Commons by 29 March 2019 at the
latest, the period provided for in Article 50(3) TEU is extended until 12 April 2019. In that event, the United Kingdom
will indicate a way forward before 12 April 2019, for consideration by the European Council.
Article 2
This decision shall enter into force on the day of its adoption.
Done at Brussels, 22 March 2019.
For the European Council
The President
D. TUSK