The European Commission has published its recommended negotiating directives for the first of two phases of Brexit talks.
The EU has set two goals for the first phase of talks, namely:
1. “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.”; and
2. “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 a Member State.”
The Commission’s recommendations also confirm that the EU expects the UK to pay a substantial financial settlement on leaving. “A single financial settlement should ensure that both the EU and the UK respect the obligations resulting from the whole period of the UK membership in the EU. The negotiations relating to the methodology for the financial settlement should be based on the following principles“, which include (i) the UK’s owed contributions to the EU budget, (ii) the costs associated with the termination of the UK’s membership of EU bodies or institutions, and (iii) the UK’s exit from “specific funds and facilities related to Union policies (e.g. the European Development Fund and the Facility for Refugees in Turkey).”
Separately, Michel Barnier has also said that the European Court of Justice will be the supreme arbiter of any disputes arise during the talks.
A copy of the Commission’s Recommendation for a Council Decision authorising the opening of the negotiations for an agreement with the United Kingdom of Great Britain and Northern Ireland setting out the arrangements for its withdrawal from the European Union can be found here.