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Brussels on Brexit: would EU leaders say yes to an extension? Brussels on Brexit: would EU leaders say yes to an extension?
(25 days later)
How does the EU currently view Brexit?How does the EU currently view Brexit?
Not everyone is as blunt as Germany’s Europe minister, Michael Roth, who described Brexit as “a big shitshow”. But the EU is frustrated and wearied by the impasse in British politics. “There is no plan on how Great Britain sees its future, it is more like a civil war is happening,” said one diplomat after MPs rejected various Brexit options on Monday. Following the vote, the EU’s chief negotiator, Michel Barnier, said no deal looked “very likely”. Guy Verhofstadt, the European parliament’s Brexit spokesman, said a hard Brexit – meaning no deal – was “nearly inevitable”. But the EU still hopes to avoid no deal, which is seen as the worst possible outcome.Not everyone is as blunt as Germany’s Europe minister, Michael Roth, who described Brexit as “a big shitshow”. But the EU is frustrated and wearied by the impasse in British politics. “There is no plan on how Great Britain sees its future, it is more like a civil war is happening,” said one diplomat after MPs rejected various Brexit options on Monday. Following the vote, the EU’s chief negotiator, Michel Barnier, said no deal looked “very likely”. Guy Verhofstadt, the European parliament’s Brexit spokesman, said a hard Brexit – meaning no deal – was “nearly inevitable”. But the EU still hopes to avoid no deal, which is seen as the worst possible outcome.
What happens now?What happens now?
Theresa May will have to inform the EU of her plans before an emergency Brexit summit on 10 April. To prepare for that summit, Brussels wants to know by Monday at the latest what the prime minister has in mind, although EU officials are resigned to the fact that the UK government tends to hand in its homework at the last minute.Theresa May will have to inform the EU of her plans before an emergency Brexit summit on 10 April. To prepare for that summit, Brussels wants to know by Monday at the latest what the prime minister has in mind, although EU officials are resigned to the fact that the UK government tends to hand in its homework at the last minute.
There are three options. If the two sides cannot agree a way forward, the UK will leave the EU on 12 April without a deal. If MPs vote for May’s deal, the UK would almost certainly be allowed to delay Brexit until 22 May, in theory allowing parliament time to pass the withdrawal act bill (although it is not clear if that six-week extension is really long enough). But EU insiders think a third option is most likely: a long extension of article 50.There are three options. If the two sides cannot agree a way forward, the UK will leave the EU on 12 April without a deal. If MPs vote for May’s deal, the UK would almost certainly be allowed to delay Brexit until 22 May, in theory allowing parliament time to pass the withdrawal act bill (although it is not clear if that six-week extension is really long enough). But EU insiders think a third option is most likely: a long extension of article 50.
Theresa May has vowed to carry on to fight to get her withdrawal agreement over the line to avoid the need for elections to the European parliament. She said: “The choices we now face are stark and the timetable is clear.” European parliament elections take place across the UK and the rest of the EU, with any campaign likely to be dominated in the UK by smaller protest parties including Nigel Farage’s Brexit party and Ukip, as well as Change UK.
The EU, including at the moment the UK, will vote for a new set of MEPs. The decision to hold European elections, which the prime minister had repeatedly said she was against, will come at some political cost for Theresa May. Results of the European elections are declared from 10pm, with the Conservatives expecting massive losses. From the limited amount of polling that has been carried out so far, the Brexit party or Labour look like the probable winners.
The extension carries a break clause. At the end of June, the EU27 want to be satisfied that the UK is meeting its obligations, including holding those European elections properly. They have also said they will not reopen the withdrawal agreement, but can discuss changes in the political declaration. This is the crucial date past which May said she would not countenance the UK staying in the EU. May must have passed her withdrawal deal before this date in order avoid British MEPs taking up their seats. 
The new date that the EU27 have agreed for the UK’s departure is Halloween. It is further away than May had hoped, and sooner than Donald Tusk had proposed, suggesting that Emmanuel Macron’s hardline tone won the day in the European council. The Commons is expected to return from summer recess, bar any early recall to deal with a Brexit crisis. 
The Labour and Conservative party conferences are held on consecutive weeks.
MPs return to parliament after the party conference season, 18 working days before the UK would be due to leave the EU. 
This is the last practical polling date on which a prime minister could hold a general election or second referendum – the final Thursday before the next meeting of the European council.
EU leaders meet for the final meeting of the European council before the UK’s extension is due to expire.
The six-month article 50 extension will expire.
The next date on which Tory MPs can hold a confidence vote in Theresa May, if she remains at the helm.
Rowena Mason
Could the EU refuse an extension?Could the EU refuse an extension?
All 27 member states must agree unanimously to extend Brexit talks. The EU27 could refuse, but that is unlikely. Despite the no-deal soundbites, no EU insider thinks the EU would refuse an extension if the UK asked for one. France is seen as the most reluctant to allow a long extension, but Emmanuel Macron is not expected to veto a long delay. Germany, backed by many in central and eastern Europe, will hold open the door until the UK slams it shut.All 27 member states must agree unanimously to extend Brexit talks. The EU27 could refuse, but that is unlikely. Despite the no-deal soundbites, no EU insider thinks the EU would refuse an extension if the UK asked for one. France is seen as the most reluctant to allow a long extension, but Emmanuel Macron is not expected to veto a long delay. Germany, backed by many in central and eastern Europe, will hold open the door until the UK slams it shut.
“You have a duty of care in the EU not to kick the UK out against its will,” one source said. “So probably [EU leaders] would be willing to accept a poor excuse [for delaying Brexit] if all the conditions are met.”“You have a duty of care in the EU not to kick the UK out against its will,” one source said. “So probably [EU leaders] would be willing to accept a poor excuse [for delaying Brexit] if all the conditions are met.”
How long could that extension be?How long could that extension be?
Nine months, one year, maybe longer. Several ideas have been floated, but nobody knows. EU leaders will take the decision next Wednesday, based on what the UK asks for. But senior EU officials are concerned that having a (potentially) obstreperous UK in Brexit limbo inside the EU for 21 months – the upper limit of Brexit delays – could destroy the EU from the inside.Nine months, one year, maybe longer. Several ideas have been floated, but nobody knows. EU leaders will take the decision next Wednesday, based on what the UK asks for. But senior EU officials are concerned that having a (potentially) obstreperous UK in Brexit limbo inside the EU for 21 months – the upper limit of Brexit delays – could destroy the EU from the inside.
What does an extension mean for the UK?What does an extension mean for the UK?
In one sense, nothing changes. The UK would remain a full EU member with the rights and duties that go with it. For some member states that is the problem. Diplomats say the UK would have to sign a “gentleman’s agreement” that it would not obstruct negotiations on the next seven-year EU budget or the process of choosing new EU leaders that gets under way this summer. The UK would have to pay its dues into the EU annual budget and take part in European elections.In one sense, nothing changes. The UK would remain a full EU member with the rights and duties that go with it. For some member states that is the problem. Diplomats say the UK would have to sign a “gentleman’s agreement” that it would not obstruct negotiations on the next seven-year EU budget or the process of choosing new EU leaders that gets under way this summer. The UK would have to pay its dues into the EU annual budget and take part in European elections.
Is there a way to get out of the elections?Is there a way to get out of the elections?
No. Gordon Brown is the latest British politician to argue that “the problems raised by the European election can be negotiated away”. The former prime minister proposed indirect elections, where a delegation of MPs would be sent from Westminster to the European parliament. This system has been used for new EU member states joining out of an election year, but is not so easy for a departing member state. Such a fix would require a treaty change ratified by all 28 member states, a process that could take more than two years.No. Gordon Brown is the latest British politician to argue that “the problems raised by the European election can be negotiated away”. The former prime minister proposed indirect elections, where a delegation of MPs would be sent from Westminster to the European parliament. This system has been used for new EU member states joining out of an election year, but is not so easy for a departing member state. Such a fix would require a treaty change ratified by all 28 member states, a process that could take more than two years.
EU officials will insist on the elections taking place, because they fear an onslaught of legal cases. Any citizen could challenge EU decisions in court, arguing that the union was not democratically constituted in line with its treaties if the UK had not taken part in European elections.EU officials will insist on the elections taking place, because they fear an onslaught of legal cases. Any citizen could challenge EU decisions in court, arguing that the union was not democratically constituted in line with its treaties if the UK had not taken part in European elections.
So no deal is off the table?So no deal is off the table?
Not yet. No deal is the legal default, so cannot be ruled out. While the EU would probably grant an extension, officials in Brussels are not certain the prime minister will ask for one. EU leaders will not force the UK into a long extension if it does not seek one or refuses to meet the terms, say people close to the process. Some fear May would placate her party over taking part in European elections. “If the prime minister said she wanted a no deal, we wouldn’t be able to stop her jumping off the cliff,” the EU diplomat said.Not yet. No deal is the legal default, so cannot be ruled out. While the EU would probably grant an extension, officials in Brussels are not certain the prime minister will ask for one. EU leaders will not force the UK into a long extension if it does not seek one or refuses to meet the terms, say people close to the process. Some fear May would placate her party over taking part in European elections. “If the prime minister said she wanted a no deal, we wouldn’t be able to stop her jumping off the cliff,” the EU diplomat said.
Another concern is that the prime minister may be too weak to come up with a credible plan or to implement it. “Is the British political system still strong enough to signal to European leaders what they want?” the diplomat asked. “That is an open question.”Another concern is that the prime minister may be too weak to come up with a credible plan or to implement it. “Is the British political system still strong enough to signal to European leaders what they want?” the diplomat asked. “That is an open question.”
BrexitBrexit
Article 50Article 50
European UnionEuropean Union
EuropeEurope
Foreign policyForeign policy
Michel BarnierMichel Barnier
explainersexplainers
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