Jean-Claude Juncker and Donald Tusk say the door remains open for the United Kingdom to change course on leaving the EU. Talks of a second Brexit referendum have been quashed by Prime Minister Theresa May's office.
Image: Reuters/T. Melville
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As EU negotiators kicked off preparations for the second round of Brexit talks, on Tuesday European Council President Donald Tusk urged the United Kingdom to rethink its divorce from the bloc.
"Brexit will become a reality, with all its negative consequences, in March next year, unless there is a change of heart among our British friends," Tusk posted on Twitter. "We here on the continent haven't had a change of heart. Our hearts are still open to you."
DW's Frank Hofmann on how Brexit mood affects EU citizens living in UK
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While constitutional lawyers remain divided over whether the United Kingdom can withdraw its two-year notice to leave the EU, on Tuesday Prime Minister Theresa May reaffirmed her determination to follow through on Brexit.
"I think we've been absolutely clear, the British public voted to leave the European Union and that is what we will be doing," the spokesman for the prime minister told reporters.
As it stands, the UK is set to leave the EU in March 2019, beginning a transition period of a little under two years. Britain is scheduled to completely withdraw from the bloc on December 31, 2020.
The remaining 27 EU member states are expected to back a tougher set of terms for the next round of Brexit negotiations.
First, Brussels is expected to insist that the UK commit to all obligations during the two-year post-Brexit transition period, including accepting free immigration from the member states and remaining bound to the European Court of Justice.
Brexit negotiations: What are the key issues?
Brexit talks began in June and both sides have been frustrated at the lack of progress. DW has taken a look at key issues being debated in Brussels as the clock ticks toward Britain's scheduled departure in March 2019.
Image: picture-alliance/dpa/o. Hoslet
Two phases
EU leaders agreed to negotiating guidelines during a summit in April 2017 that divided the divorce talks into two phases. Phase I, in which both sides aimed to settle the basic terms of Britain's departure, started in July and ended with an agreement on "sufficient progress" in December. Officials are now holding Phase II negotiations on the post-Brexit relationship between Britain and the EU.
Image: Reuters/File Photo/Y. Herman
The "Brexit Bill"
London agreed to a formula for calculating what it owes in its "divorce bill" to the EU in early December after months of haggling by British officials. The current EU budget expires in 2022 and EU officials have said the divorce bill will cover financial obligations Britain had committed to before triggering article 50. The final bill will reportedly total around £50 billion (€67 billion).
Image: picture-alliance/empics/D. Martinez
Citizens' rights
Both sides agreed in early December that the 3 million EU citizens currently in Britain and the 1.1 million British citizens in the EU keep their residency rights after Brexit. British courts will have immediate jurisdiction over EU citizens living in Britain. But the EU's highest court, the ECJ, can hear cases until 2027 if British judges refer unclear cases to them.
Image: picture-alliance/dpa/B. Smith
The Irish border
Britain and the EU also agreed in December that no border checks between the Republic of Ireland and Northern Ireland would return post-Brexit. How feasible the commitment will be is unclear, as Britain's commitment to leaving the EU Single Market and Customs Union makes it difficult to avoid customs checks at the Irish border.
Image: Reuters/C. Kilcoyne
Transition period
Theresa May envisages a two-year transition period after March 2019. Both sides still have to hash out the details of the transition period in Phase II, including the exact end-date, whether new EU laws passed during the period will apply to Britain, and whether Britain can negotiate its own free trade deals. British officials hope to agree on the terms of the transition by March 2018.
Image: Imago
Trade
May has repeatedly said Britain will leave the European Single Market and the EU Customs Union. Leaving both could disrupt British-EU trade, but allow Britain to negotiate its own free trade deals and restrict EU migration — key demands by pro-Brexit politicians. London has said it wants to negotiate a new EU-UK trade deal during Phase II to minimize trade disruption before March 2019.
Image: Picture alliance/empics/A. Matthews
Immigration
Britain has also vowed to restrict EU migration into Britain after Brexit. However, some British lawmakers are wary that a sharp drop in immigration could lead to shortfalls in key sectors, including health, social care and construction. The EU has warned that Single Market access is out of the question if London decides to restrict the ability of its citizens to live and work in Britain.
Image: picture alliance/PA Wire /S. Parsons
Security
Recent terror attacks across Europe including a string in Britain underline both sides' support for continued security cooperation after March 2019. But access to EU institutions such as Europol and programs such as the European Arrest Warrant require compliance with EU laws. Whether Britain will still be compliant after it leaves is unclear.
Image: picture-alliance/dpa/o. Hoslet
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Sources in Brussels have also implied that the European Union's chief negotiator, Michel Barnier, will also push the UK to allow EU citizens who arrive in Britain during the transition period to retain the same rights they currently enjoy.
Talks on a possible trade deal between the UK and EU, as well as how close London chooses to remain to the European single market and customs union, aren't slated to begin until April. However, Brussels has rebuked a lack of detail on behalf of the UK as reason for the painfully slow progress of the negotiations.
"What we need today is more clarity on the UK's vision," Tusk said. "The hardest work is still ahead of us, and time is limited."
Manfred Weber, the leader of the European People's Party group and a close ally of German Chancellor Angela Merkel's, said: "My message to London is: please don't complain anymore. Please stop complaining. Please deliver. Give us an outlook about what you want to achieve for the future relationship."
It also remains to be seen whether the United Kingdom would be part of any free trade agreement struck by the EU and other countries during the transition and, if so, how it would transcend beyond December 31, 2020.
