EU Draft Guidelines for Brexit Talks

Donald Tusk has released draft guidlines on the approach to be taken by the EU during the Brexit negotiations.

The proposals are due to be discussed and agreed during a special European Council meeting of the EU27 leaders (27 members of the EU not including the UK) scheduled for 29 Aril 2017.

Donald Tusk indicated, during a speech outlining the proposals on 31 March 2017, that talks on a future relationship will not start until sufficient progress on the withdrawal process has been achieved and that negotiations will not be conducted on all issues at the same time.

The initial phase will concentrate on the following items

  • determining the status of EU citizens who live, work and study in the UK
  • preventing a legal vacuum for EU companies after Brexit as a result of EU laws no longer applying in the UK
  • the UK must honour all financial commitments and liabilities incurred as a member state. The EU guarantees to honour all their commitments
  • avoiding the creation of a hard border between Northern Ireland and the Republic of Ireland

The full speech is available at

Draft Guidelines

The 9 page Draft Guidelines document outlines a number of principles to be followed by the EU during negotiations these include the following

Core Principles

There will be no separate negotiations between individual Member States and the United Kingdom on matters pertaining to the withdrawal of the United Kingdom from the Union.

Phased approach to negotiations

The first phase is to

  • settle the disentanglement of the United Kingdom from the Union and from all the rights and obligations the United Kingdom derives from commitments undertaken as Member State
  • provide as much clarity and legal certainty as possible to citizens, businesses, stakeholders and international partners on the immediate effects of the United Kingdom’s withdrawal from the Union.

Article 50 requires negotiations to consider the future relationship of the UK with the EU. The Union and its Member States stand ready to engage in preliminary and preparatory discussions to this end in the context of negotiations under Article 50 TEU, as soon as sufficient progress has been made in the first phase towards reaching a satisfactory agreement on the arrangements for an orderly withdrawal.

The European Council will monitor progress closely and determine when sufficient progress has been achieved to allow negotiations to proceed to the next phase.

The two year timeframe set out in Article 50 TEU ends on 29 March 2019.

Agreement on arrangements for an orderly withdrawal

Looking after the interests of EU citizens and UK citizens is a priority item.

The impact of the UK leaving on EU businesses trading with and operating in the UK and vice versa.

A single financial settlement to cover all legal and budgetary commitments as well as liabilities including contingent liabilities.

The EU should recognise existing bilateral agreements and arrangements between the UK and the Republic of Ireland which are compatible with EU law and to support the goal of peace and reconciliation enshrined in the Good Friday Agreement.

The Union should agree with the United Kingdom on arrangements as regards the Sovereign Base Areas of the United Kingdom in Cyprus and recognise in that respect bilateral agreements and arrangements between the Republic of Cyprus and the United Kingdom.

The UK will no longer be covered by agreements concluded by the EU or by Member States acting on its behalf or by both acting jointly. The European Council expects the UK to honour its share of international commitments contracted in the context of its EU membership.

The future location of the seats of EU agencies and facilities located in the UK is a matter for the 27 Member States, arrangements should be found to facilitate their transfer.

The withdrawal agreement should include appropriate dispute settlement mechanisms.

Consideration of the (on-going) role of the Court of Justice of the EU.

Preliminary and preparatory discussions on a framework for the EU – UK future relationship

The European Council welcomes and shares the UK’s desire to establish a close partnership between the EU and the UK after its departure and this should encompass more than just trade.

The British government has indicated that it will not seek to remain in the single market and seeks a free trade agreement. The European Council stands ready to initiate work towards such an agreement, to be finalised and concluded once the UK is no longer a Member State.

Beyond trade, the EU stands ready to consider establishing a partnership in other areas, in particular the fight against terrorism and international crime as well as security and defence

After the UK leaves the EU, no agreement between the EU and the UK may apply to the territory of Gibraltar without the agreement between the Kingdom of Spain and the UK.

Principle of sincere co-operation

Until it leaves the EU, the UK remains a full member of the EU.

A copy of the document can be found at