Meeting in Brussels on Thursday 21 March, the Twenty-Seven granted the United Kingdom the principle of extending the deadline for preparing for Brexit to 22 May, if the British House of Commons adopts next week the European Union's exit agreement negotiated with the EU.
If British Prime Minister Theresa May fails again to pass this draft before MEPs in a third vote, the Twenty-Seven give London until 12 April to tell them whether the European elections will take place in the country at the end of May, in which case the possibility of a longer extension of the deadline would be possible.
This date of 12 April is important for the British. This is the ultimate limit that will allow them to organise the European elections. After that date, participation in the European elections is no longer an option. For the Twenty-Seven, legal certainty is indeed a key parameter for the proper functioning of the European institutions, and it is necessary to not be in a situation where the United Kingdom remain a member of the EU for longer without having elected MEPs.
For Mrs May, who tried to answer her counterparts' questions for 2 hours, this two-step sequence has the merit of being “very clear” and leaves the choice for the House of Commons to decide. But the leader remains convinced that it would not be “fair to find ourselves in a situation where elections to the European Parliament would take place 3 years after the British voted to leave the EU”.
In this sense, the “best result” in her view remains that the British House of Commons validate the withdrawal agreement so that the referendum result is respected through an “orderly” exit.
The Presidents of the European Council, Donald Tusk, and of the European Commission, Jean-Claude Juncker, detailed the agreement reached with Mrs May. According to Mr Tusk, the Twenty-Seven examined the British Prime Minister's request for an extension, which initially ran until 30 June, in a “positive spirit”. They also agreed to take over the last insurance policies agreed between Mrs May and Mr Juncker on 11 March in Strasbourg (see EUROPE 12211/2).
By granting an extension, the Twenty-Seven are helping the British leader to get the agreement through. But they force the United Kingdom authorities to take responsibility for a possible no-deal Brexit on 12 April.
“It is up to them to make the decision”, said one minister, who said it is up to “Westminster to take responsibility”.
Truly the situation has not changed fundamentally. At this stage, only the official date of the Brexit is postponed from 29 March to 12 April, if the agreement is not ratified by the British Parliament and if the United Kingdom does not intend to participate in the European elections, or to 22 May if the parliamentary vote is positive.
“All options remain open”, admitted Donald Tusk, citing a “deal, a no-deal, an extension of time limits or a revocation of Article 50”.
For Jean-Claude Juncker, although the hope remains that the plan will be adopted, “we are prepared for all eventualities, including the no-deal”.
The Heads of State or Government were on the same line on Thursday evening. Emmanuel Macron referred to “positive discussions” that preserved the unity of the Twenty-Seven and confirmed that the withdrawal agreement would not be reopened. France and Belgium had advocated the date of 7 May, whatever the modalities of Brexit, a date that was not kept in the end.
For the French President, “we have given the British an answer that is protective of our interests and allows the EU to continue to function”. And added: “We must try to help Mrs May to get this vote in the British Parliament. But we must not fall into the trap of being the ones who would take the wrong role or decide in the place of the British, which is now their responsibility”.
Referring to an “intense” discussion that overshadowed the planned discussion on EU-China relations (see other news), German Chancellor Angela Merkel said that the Twenty-Seven had made a “very wise distinction” between the possibility of a positive vote on the agreement and a third rejection. If the British reject the only agreement on the table, “we will then react to what will happen”, the Chancellor added, echoing some sources who were considering an extraordinary European summit on Thursday evening shortly before 12 April to take stock of the situation.
For the Spaniard Pedro Sanchez, the objective of the Twenty-Seven is to “safeguard the EU's institutions and legal security”. “We have succeeded in reaching an agreement that is satisfactory to both parties”, he said, convinced that the EU is demonstrating its willingness to favour an orderly Brexit.
“What we have succeeded in doing is to prevent a no-deal Brexit from happening next week”, summarised Austrian Chancellor Sebastian Kurz.
See the declaration of the Twenty-Seven: http://bit.ly/2HQA47L (Original version in French by Solenn Paulic with the editorial staff)