Joint statement supplementing the Political Declaration setting out the framework for the future relationship between the EU and the UK
1 The European Union, hereafter referred to as "the Union", and the United Kingdom of Great Britain and Northern Ireland, hereafter referred to as "the United Kingdom", have agreed a number of measures to enhance and expedite the process of negotiating and bringing into force their future relationship, supplementing those set out in the Political Declaration endorsed by the Union and the United Kingdom on November 25th, 2018.
2 First, the Union and the United Kingdom wish to emphasise their shared and solemn regard for the vision for the future relationship detailed in the Political Declaration. In this context, and in line with Paragraph 1 of the Political Declaration, both the Union and the United Kingdom reiterate the clear and important link between the Withdrawal Agreement and the Political Declaration, which while being of a different nature are part of the same negotiated package. As stated in Article 184 of the Withdrawal Agreement and reflected also in Paragraph 138 of the Political Declaration, the Union and the United Kingdom have committed to use best endeavours, in good faith and in full respect of the respective legal orders, to take necessary steps to negotiate expeditiously the agreements governing their future relationship referred to in the Political Declaration. The Union underlined this relationship between them when it published the two texts side by side in its Official Journal on February 19th, and the Parliament of the United Kingdom must consider and approve both together.
3 Second, the Union and the United Kingdom have the shared ambition to have the future relationship in place by the end of the transition period. To this end, the Union and the United Kingdom have confirmed that immediately following the United Kingdom's withdrawal, they will take the steps necessary to begin formal negotiations. The Union and the United Kingdom have agreed that negotiations on the various strands of the future relationship will then proceed in parallel. Should national ratifications be pending at the end of the transition period, the European Commission has already made clear that it is ready to propose applying on a provisional basis relevant aspects of the future relationship, in line with the applicable legal frameworks and existing practice and the United Kingdom welcomes this intent.
4 Third, with a view to providing a sound foundation for the talks and building on the commitments already contained in the Political Declaration, the Union and the United Kingdom will expeditiously:
a identify those areas which are likely to require the greatest consideration, and the associated technical and legal issues that will need to be addressed, in order that the necessary technical preparations can be made on both sides; and
b draw up a full schedule for the negotiations, taking into account various internal processes, including the European Parliament elections and the appointment of a new Commission.
5 Fourth, and in the context of open and fair competition, the Union notes the United Kingdom's intention to ensure that its social and employment standards and its environmental standards do not regress from those in place at the end of the transition period, and to provide its Parliament the opportunity to consider future changes in Union law in these areas.
6 Fifth, given the Union's and the United Kingdom's firm commitment to work at speed on a subsequent agreement that establishes by December 31st, 2020 alternative arrangements such that the backstop solution in the Protocol on Ireland/Northern Ireland will not need to be applied, a specific negotiating track will be established at the outset and as part of the negotiations to lead the analysis and development of these alternative arrangements. This dedicated track will consider the use of all existing and emerging facilitative arrangements and technologies, with a view to assessing their potential to replace, in whole or in part, the backstop solution in the Protocol on Ireland/Northern Ireland.
That assessment will include an evaluation of their practicability and deliverability in the unique circumstances of Northern Ireland. By virtue of being embedded in the overall negotiation structure, the negotiating track on alternative arrangements will be able to take account of progress made in the wider negotiations on the future relationship, in particular on goods regulations and customs.
In addition, and in support of their work on alternative arrangements, both the Union and the United Kingdom will consult with private sector experts, businesses, trade unions, the institutions established under the Good Friday or Belfast Agreement, and appropriate involvement of parliaments. In the first instance, the progress concerning alternative arrangements will be assessed at the first high level conference envisaged by the Political Declaration. To ensure that the negotiations are concluded in good time, further progress will be reviewed at each subsequent high level conference.
Declaration by Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland concerning the Northern Ireland Protocol
The United Kingdom reiterates its wish to establish a future partnership that is as close and strong as possible, given the global challenges it shares with the European Union, and underlines its commitment to embark on preparations immediately after the signature of the Withdrawal Agreement to ensure that negotiations on the future relationship can start as soon as possible after withdrawal.
In that light, the United Kingdom notes, subject to Article 1(4) of the Protocol on Ireland/Northern Ireland, that the objective of the Withdrawal Agreement is not to establish a permanent relationship between the Union and the United Kingdom, and that the provisions of the Protocol are therefore intended to apply only temporarily, taking into account the commitments of the Parties set out in Article 2(1). The preamble to the Protocol further recalls that the Withdrawal Agreement, which is based on Article 50 TEU, does not aim at establishing a permanent future relationship between the Union and the United Kingdom.
The United Kingdom wishes to record its understanding of the effect of this provision if, contrary to the intentions of the parties, it is not possible for them to conclude an agreement which supersedes the Protocol in whole or in part due to a breach of Article 5 of the Withdrawal Agreement by the Union. The United Kingdom would not consider its application to be temporary in these circumstances, as in its view the Protocol would then constitute a permanent relationship between the Union and the United Kingdom. Article 1(4) makes clear this is not the Parties’ intention. If under these circumstances it proves not to be possible to negotiate a subsequent agreement as envisaged in Article 2 of the Protocol, the United Kingdom records its understanding that nothing in the Withdrawal Agreement would prevent it from instigating measures that could ultimately lead to disapplication of obligations under the Protocol, in accordance with Part Six, Title III of the Withdrawal Agreement or Article 20 of the Protocol, and under the proviso that the UK will uphold its obligations under the 1998 Agreement in all its dimensions and under all circumstances and to avoid a hard border on the island of Ireland.
Negotiating documents on Article 50 negotiations with the United Kingdom - Documents published as part of the European Commission's approach to transparency on Article 50 negotations with the United Kingdom