During the evening of Thursday 22 June, British Prime Minister Theresa May assured the other 27 EU member states that her objective was to ensure as much certainty as possible for Europeans living in the United Kingdom and for British nationals living in the European Union once Brexit is effective. She considers this project a priority.
Speaking at the end of the European leaders' dinner, May promised her counterparts that European citizens could remain in the UK after Brexit, and that those arriving just before the UK's withdrawal from the EU could also have the possibility to benefit from the same rights as British citizens. According to a British diplomatic source, May said that this was a "fair and serious" offer under which no European living legally in the UK will be forced to leave the country after Brexit. Her offer will be presented in more detail by the British negotiators next week.
Deeming the start of the Brexit negotiations on Monday 19 June (see EUROPE 11811) as very "constructive", May proposed that EU citizens already in the UK – and those who might arrive legally during a grace period of a maximum of two years – would have the possibility of accumulating a five-year period of residency. This will give them the right to "settled status", offering the same working rights, pension rights, NHS and other public service care rights they will keep for life.
Questions on cut-off date and Court of Justice authority
One of the questions that remains to be answered is the cut-off date on which Europeans setting up in the UK will no longer be able to benefit from the same rights. According to the British, this date should fall after the triggering of Article 50 (29 March 2017) and at the latest on the day the UK leaves the EU. The EU27 consider this to be the day of the UK's definitive withdrawal from the EU (potentially March 2019).
May nevertheless warned her counterparts that she rejected any authority from the EU Court of Justice when settling disputes on the rights of EU citizens after Brexit. Only "our very respectable law courts" will be able to settle these disputes, the same British source stated.
The EU27 deem the British initiative of presenting an offer quite positive, but discussions on the authority of the EU Court of Justice should nevertheless take place quickly, a source stated.
"Theresa May gave clear assurances today that citizens who have been living in the UK, who have already lived in Great Britain for five years, can continue to enjoy their rights in full", Germany's Chancellor Angela Merkel said as she left the European Council. "It is a good start. But there are still many many other questions. In connection with the questions on leaving, there are some linked to finance, to relations with Ireland. This means we still have a lot to do until October," she added.
The European leaders will decide in October whether the negotiations on the UK's withdrawal have made sufficient progress to be able to initiate negotiations on the UK's relationship (as a future third-party) with the EU.
"I think it is a good sign to open talks with this subject, as it is a subject of anxiety for a good number of our nationals living in Great Britain", France's President Emmanuel Macron commented at the start of the summit.
Decision in November on relocating European agencies
Meeting as the EU27 after May had left for the evening, the European leaders were informed by the EU's chief Brexit negotiator, Michel Barnier, of the results of the first round of negotiations.
The leaders then quickly approved the methodology (six objective criteria, voting procedure), process and timetable that will enable the new host cities for the European agencies currently based in London – the European Medicines Agency (EMA) and the European Banking Authority (EBA) – to be designated (see EUROPE 11812). The discussion on this point lasted just "four minutes", according to the spokesperson for European Council President Donald Tusk.
Countries wanting to host a European agency will have to put themselves forward by the end of July. In September, the European Commission will produce an assessment of the candidate cities using six selected criteria. But it will not proceed to a pre-selection through the creation of a shortlist, a European source stated.
The EU27 will then take note of the assessment of the European cities at the European summit in October, but the political discussion will take place at ministerial level as part of the General Affairs Council. The 27 European affairs ministers will proceed to a final vote in November.
In the opinion of Belgium's Prime Minister Charles Michel, the approach should be as objective as possible in order not to fall into "mediocre" discussions.
The procedure can be consulted at: http://bit.ly/2rI6sOJ (Original version in French by Solenn Paulic with editorial staff).