On Wednesday, March 29, 2017, Theresa May triggered Article 50 to begin the process of the United Kingdom exiting the European Union.
May signed the letter on March 28 and a British official presented it to Donald Tusk, President of the European Council, in Brussels the following day around 12:30 p.m. BST.
This tweet by Financial Times columnist Janan Ganesh is dated March 28, 4:15 p.m.:
Tusk takes receipt of the letter on March 29:
Nigel Farage, former party leader of UKIP who pressed hard for the 2016 referendum, gave an interview earlier that day:
He also discussed it on his talk radio programme in London:
Contents of May’s letter
Bloomberg is one of the few news sites to have the full text of Theresa May’s six-page letter to Donald Tusk.
The first four paragraphs follow (emphases mine):
Dear President Tusk
On 23 June last year, the people of the United Kingdom voted to leave the European Union. As I have said before, that decision was no rejection of the values we share as fellow Europeans. Nor was it an attempt to do harm to the European Union or any of the remaining member states. On the contrary, the United Kingdom wants the European Union to succeed and prosper. Instead, the referendum was a vote to restore, as we see it, our national self-determination. We are leaving the European Union, but we are not leaving Europe – and we want to remain committed partners and allies to our friends across the continent.
Earlier this month, the United Kingdom Parliament confirmed the result of the referendum by voting with clear and convincing majorities in both of its Houses for the European Union (Notification of Withdrawal) Bill. The Bill was passed by Parliament on 13 March and it received Royal Assent from Her Majesty The Queen and became an Act of Parliament on 16 March.
Today, therefore, I am writing to give effect to the democratic decision of the people of the United Kingdom. I hereby notify the European Council in accordance with Article 50(2) of the Treaty on European Union of the United Kingdom’s intention to withdraw from the European Union. In addition, in accordance with the same Article 50(2) as applied by Article 106a of the Treaty Establishing the European Atomic Energy Community, I hereby notify the European Council of the United Kingdom’s intention to withdraw from the European Atomic Energy Community. References in this letter to the European Union should therefore be taken to include a reference to the European Atomic Energy Community.
This letter sets out the approach of Her Majesty’s Government to the discussions we will have about the United Kingdom’s departure from the European Union and about the deep and special partnership we hope to enjoy – as your closest friend and neighbour – with the European Union once we leave. We believe that these objectives are in the interests not only of the United Kingdom but of the European Union and the wider world too.
The European edition of Politico has the full text of Article 50, which is brief and comprised of five provisions. Wikipedia explains it further.
These are the salient items:
3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.
A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.
5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.
This means that the UK is still part of the EU until the exit process is complete.
However, we are no longer allowed to participate in European Council discussions. In fact, it was interesting that the English text ‘European Commission’ has been removed from signage in Brussels. It has been replaced with another European language, with the French words underneath.
From March 29 onwards, news reports will refer to 27 EU nations instead of 28.
The UK is in an EU limbo until our exit. We must still pay monies to the EU and are subject to EU law.
Article 50 means simply that the exit process begins.
The Telegraph has more. Briefly:
A withdrawal agreement, covering financial liabilities, citizens’ rights and the border in Ireland, will need to be accepted by a majority of 72 per cent of the EU’s remaining 27 member states.
The agreement would then need to be approved by the European parliament, voting by a simple majority.
The motion makes clear that the UK will remain bound by the rules of the EU and that trade talks with third party countries are not allowed for as long as it remains a member.
The irony of Article 50
There is a certain irony behind Article 50.
It was written by a Briton between 2002 and 2003 to apply to EU countries that could become dictatorships.
drafted the text that sets out the procedure for leaving the European Union as part of an effort to draw up an EU constitutional treaty in the early 2000s.
That initiative was scuppered by referendum defeats in France and the Netherlands but some elements ended up in the EU’s Lisbon Treaty, which came into force in 2009.
One of the sections pasted across became Article 50 …
“I don’t feel guilty about inventing the mechanism. I feel very sad about the U.K. using it,” Kerr told POLITICO. “I didn’t think that the United Kingdom would use it.”
When he was writing the text 14 or 15 years ago:
the rise of Austrian far-right leader Jörg Haider was a big worry for mainstream EU leaders and some southern European EU members had returned to democracy only in recent decades. Kerr imagined that the exit procedure might be triggered after an authoritarian leader took power in a member country and the EU responded by suspending that country’s right to vote on EU decisions.
“It seemed to me very likely that a dictatorial regime would then, in high dudgeon, want to storm out. And to have a procedure for storming out seemed to be quite a sensible thing to do — to avoid the legal chaos of going with no agreement,” Kerr said.
He calls attention to the fifth provision of Article 50, the possibility of reversing a decision to leave the EU:
In other words, during the two-year negotiating period set out in the text, Britain could decide not to leave after all and simply remain an EU member. However, he says he cannot imagine how politics in Britain would allow such a U-turn.
Kerr summed up the exit process simply:
The process outlined in the text is, he noted, “about divorce … about paying the bills, settling one’s commitments, dealing with acquired rights, thinking about the pensions. It’s not an article about the future relationship.”
What is the timetable?
The BBC has a full timetable from now through March 2019. Of course, it is not written in stone, but it is the Brexit objective.
On Thursday, March 30, Brexit Secretary David Davis presented the Great Repeal Bill to Parliament, which will come into force as soon as the UK leaves the EU, i.e. in 2019 (all being well).
On Friday, March 31, Donald Tusk will publish negotiation guidelines that the EU will use.
In April, the 27 remaining EU members will adopt negotiation guidelines at the EU summit.
When Parliament opens again in the Spring, the Great Repeal Bill will be announced in the opening statement.
Michel Barnier, representing the EU, will begin participating in negotiation talks with the UK by late May or early June.
Late this year, Parliament will review the Great Repeal Bill in greater detail. If laws must be passed in certain areas to close any gaps, this will be done by mid-2018.
By the end of 2017, it is expected that Michel Barnier will have concluded the first round of negotiations. He expects to complete the negotiating process by September 2018.
At the beginning of 2019, both the UK and the EU will hold separate votes in Parliament and the EU Council, respectively, on the exit plan.
It is expected that the UK will leave the EU sometime in March 2019.
Impact of negotiations
The next 18 months will require careful negotiation to ensure that the UK is not adversely affected.
Attention to preserving human rights — including those for EU residents living and working in Britain as well as British expatriates living in Europe — will be essential.
Also essential will be negotiations concerning EU-sensitive industries such as farming and fishing.
Trade on food will also be negotiated. Currently, UK supermarkets sell a lot of EU fruit, vegetables and dairy products. We also export comestibles to the EU.
Banking and educational institutions are also weighing up their options. On March 30, Lloyd’s of London confirmed they will be opening a branch in Brussels. Oxford and/or Cambridge might open satellite universities in EU countries.
I’ll have more on Brexit soon and what we might expect to see over the coming months.