{"id":3196,"date":"2019-05-08T20:29:21","date_gmt":"2019-05-08T20:29:21","guid":{"rendered":"https:\/\/laweuro.com\/?p=3196"},"modified":"2019-05-08T20:46:48","modified_gmt":"2019-05-08T20:46:48","slug":"european-council-decision-eu-2019-584-taken-in-agreement-with-the-united-kingdom-of-11-april-2019-extending-the-period-under-article-503-teu","status":"publish","type":"post","link":"https:\/\/laweuro.com\/?p=3196","title":{"rendered":"European Council Decision (EU) 2019\/584 taken in agreement with the United Kingdom of 11 April 2019 extending the period under Article 50(3) TEU"},"content":{"rendered":"\n\n\n
\n

11.4.2019<\/p>\n<\/td>\n

\n

EN<\/p>\n<\/td>\n

\n

Official Journal of the European Union<\/p>\n<\/td>\n

\n

L 101\/1<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\n
\n

EUROPEAN COUNCIL DECISION (EU)\u00a02019\/584<\/p>\n

taken in agreement with the United Kingdom<\/p>\n

of\u00a011\u00a0April\u00a02019<\/p>\n

extending the period under Article\u00a050(3) TEU<\/p>\n

THE EUROPEAN COUNCIL,<\/p>\n

Having regard to the Treaty on European\u00a0Union, and in particular Article\u00a050(3) thereof,<\/p>\n

Whereas:<\/p>\n\n\n\n<\/colgroup>\n\n\n
\n

(1)<\/p>\n<\/td>\n

\n

On\u00a029\u00a0March\u00a02017, the United Kingdom notified the European Council of its intention to withdraw from the European\u00a0Union and the European Atomic Energy Community (\u2018Euratom\u2019) in accordance with Article\u00a050 of the Treaty on the European\u00a0Union, which applies to Euratom by virtue of Article\u00a0106a of the Treaty establishing the European Atomic Energy Community.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(2)<\/p>\n<\/td>\n

\n

In accordance with Article\u00a050 TEU, the European\u00a0Union negotiated with the United Kingdom an agreement setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(3)<\/p>\n<\/td>\n

\n

On\u00a025\u00a0November\u00a02018, the European Council endorsed the draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European\u00a0Union and the European Atomic Energy Community (\u2018Withdrawal Agreement\u2019) and approved the Political Declaration setting out the framework for the future relationship between the European\u00a0Union and the United Kingdom of Great Britain and Northern Ireland. On\u00a011\u00a0January\u00a02019, the Council adopted Decision (EU)\u00a02019\/274\u00a0(1<\/span>) on the signing of the Withdrawal Agreement\u00a0(2<\/span>).<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(4)<\/p>\n<\/td>\n

\n

According to Article\u00a050(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\u00a0years after the notification, unless the European Council, in agreement with the Member\u00a0State concerned, unanimously decides to extend this period.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(5)<\/p>\n<\/td>\n

\n

By letter of\u00a020\u00a0March\u00a02019, the United Kingdom submitted a request for an extension of the period provided for in Article\u00a050(3) TEU until\u00a030\u00a0June\u00a02019, with a view to finalising the ratification of the Withdrawal Agreement.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(6)<\/p>\n<\/td>\n

\n

By Decision (EU)\u00a02019\/476\u00a0(3<\/span>), the European Council, in agreement with the United Kingdom, decided to extend the period under Article\u00a050(3) TEU until\u00a022\u00a0May\u00a02019 in the event that the House of Commons approved the Withdrawal Agreement by\u00a029\u00a0March\u00a02019. If that were not to be the case, the European Council agreed to an extension until\u00a012\u00a0April\u00a02019 and specified that it expected the United Kingdom to indicate a way forward before\u00a012\u00a0April\u00a02019, for its consideration.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(7)<\/p>\n<\/td>\n

\n

The House of Commons did not approve the Withdrawal Agreement by\u00a029\u00a0March\u00a02019.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(8)<\/p>\n<\/td>\n

\n

By letter of\u00a05\u00a0April\u00a02019, the United Kingdom submitted a request for a further extension of the period provided for in Article\u00a050(3) TEU, as extended by the European Council, until\u00a030\u00a0June\u00a02019, with a view to finalising the ratification of the Withdrawal Agreement.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(9)<\/p>\n<\/td>\n

\n

On\u00a010\u00a0April\u00a02019, the European Council agreed to a further extension to allow for the ratification of the Withdrawal Agreement by both Parties.\u00a0Such an extension should last as long as necessary and, in any event, no longer than\u00a031\u00a0October\u00a02019. The European Council also recalled that, under Article\u00a050(3) TEU, the Withdrawal Agreement may enter into force on an earlier date, should the Parties complete their respective ratification procedures before\u00a031\u00a0October\u00a02019. Consequently, the withdrawal should take place on the first day of the month following the completion of the ratification procedures or on\u00a01\u00a0November\u00a02019, whichever is the earliest.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(10)<\/p>\n<\/td>\n

\n

This further extension cannot be allowed to undermine the regular functioning of the Union and its institutions.\u00a0Furthermore, it will have the consequence that the United Kingdom will remain a Member\u00a0State until the new withdrawal date, with full rights and obligations in accordance with Article\u00a050 TEU, and that the United Kingdom has a right to revoke its notification at any time. If the United Kingdom is still a Member\u00a0State on\u00a023-26\u00a0May\u00a02019, and if it has not ratified the Withdrawal Agreement by\u00a022\u00a0May\u00a02019, it will be under an obligation to hold the elections to the European\u00a0Parliament in accordance with Union law. In the event that those elections do not take place in the United Kingdom, the extension should cease on\u00a031\u00a0May\u00a02019. The European Council takes note of the commitment by the United Kingdom to act in a constructive and responsible manner throughout the extension period in accordance with the duty of sincere cooperation, and expects the United Kingdom to fulfil this commitment and Treaty obligation in a manner that reflects its situation as a withdrawing Member\u00a0State. To this effect, the United Kingdom shall facilitate the achievement of the Union’s tasks and shall refrain from any measure which could jeopardise the attainment of the Union’s objectives, in particular when participating in the decision-making processes of the Union.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(11)<\/p>\n<\/td>\n

\n

The ongoing mandates of members of institutions, bodies, offices and agencies of the Union nominated, appointed or elected in relation to the United Kingdom’s membership of the Union will end as soon as the Treaties cease to apply to the United Kingdom, i.e. on the date of the withdrawal.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(12)<\/p>\n<\/td>\n

\n

This 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, and must not hamper its implementation. Such an extension cannot be used to start negotiations on the future relationship.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(13)<\/p>\n<\/td>\n

\n

The European Council will review progress at its meeting in\u00a0June\u00a02019.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n\n\n<\/colgroup>\n\n\n
\n

(14)<\/p>\n<\/td>\n

\n

As provided for in Article\u00a050(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\u00a0Union, Sir Tim Barrow of\u00a011\u00a0April\u00a02019, it has agreed, in accordance with Article\u00a050(3) TEU, to the extension of the period referred to in that Article and to this decision,<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

HAS ADOPTED THIS DECISION:<\/p>\n

\n

Article\u00a01<\/p>\n

The period provided for in Article\u00a050(3) TEU, as extended by the European Council Decision (EU)\u00a02019\/476, is hereby further extended until\u00a031\u00a0October\u00a02019.<\/p>\n<\/div>\n

\n

Article\u00a02<\/p>\n

This decision shall enter into force on the day of its adoption.<\/p>\n

This decision shall cease to apply on\u00a031\u00a0May\u00a02019 in the event that the United Kingdom has not held elections to the European\u00a0Parliament in accordance with applicable Union law and has not ratified the Withdrawal Agreement by\u00a022\u00a0May\u00a02019.<\/p>\n<\/div>\n

\n

Done at Brussels, 11\u00a0April 2019.<\/p>\n

\n

For the European Council<\/span><\/p>\n

The President<\/span><\/p>\n

D. TUSK<\/p>\n<\/div>\n<\/div>\n

\n

(1<\/span>)\u00a0\u00a0Council Decision (EU) 2019\/274 of 11\u00a0January 2019 on the signing, on behalf of the European Union and of the European Atomic Energy Community, of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European\u00a0Union and the European Atomic Energy Community (OJ\u00a0L\u00a047 I, 19.2.2019, p.\u00a01).<\/p>\n

(2<\/span>)\u00a0\u00a0The text of the Withdrawal Agreement attached to Decision (EU) 2019\/274 was published in OJ\u00a0C\u00a066 I, 19.2.2019, p.\u00a01.<\/p>\n

(3<\/span>)\u00a0\u00a0European Council Decision (EU) 2019\/476 taken in agreement with the United Kingdom of 22\u00a0March 2019 extending the period under Article 50(3) TEU (OJ\u00a0L\u00a080 I, 22.3.2019, p.\u00a01).<\/p>\n<\/div>\n