Brexit: European Council adopts decision extending the period under Article 50

The European Council (Article 50) yesterday adopted a decision formalising the political agreement reached on 21 March 2019 on extending the period under Article 50.

In accordance with the treaties, the decision was taken in agreement with the United Kingdom. Such an agreement was set out in a letter from the Permanent Representative of the UK to the European Union, Sir Tim Barrow, of 22 March 2019.

Under the European Council decision, in the event that the withdrawal agreement is approved by the House of Commons by 29 March 2019 at the latest, the extension will be until 22 May 2019. In the event that the withdrawal agreement is not approved by the House of Commons by 29 March 2019, the extension will be until 12 April 2019. In that event, the UK will indicate a way forward before 12 April 2019, for consideration by the European Council.

The decision makes clear that for the duration of the extension the United Kingdom remains a member state with all the rights and obligations set out in the treaties and under EU law. If the UK is still a member state on 23-26 May 2019, it will be under the obligation to hold elections to the European Parliament.

The extension also excludes any re-opening of the withdrawal agreement. Any unilateral commitment, statement or other act by the UK should be compatible with the letter and the spirit of the withdrawal agreement.

European Council (Art. 50) conclusions, 21 March 2019

1. The European Council takes note of the letter of Prime Minister Theresa May of 20 March 2019.
2. In response, the European Council approves the Instrument relating to the Withdrawal Agreement and the Joint Statement supplementing the Political Declaration agreed between the European Commission and the government of the United Kingdom in Strasbourg on 11 March 2019.
3. The European Council agrees to an extension until 22 May 2019, provided the Withdrawal Agreement is approved by the House of Commons next week. If the Withdrawal Agreement is not approved by the House of Commons next week, the European Council agrees to an extension until 12 April 2019 and expects the United Kingdom to indicate a way forward before this date for consideration by the European Council.
4. The European Council reiterates that there can be no opening of the Withdrawal Agreement that was agreed between the Union and the United Kingdom in November 2018. Any unilateral commitment, statement or other act should be compatible with the letter and the spirit of the Withdrawal Agreement.
5. The European Council calls for work to be continued on preparedness and contingency at all levels for the consequences of the United Kingdom’s withdrawal, taking into account all possible outcomes.
6. The European Council will remain seized of the matter.