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The first draft of this diary referred to Ireland or other member states vetoing any proposed agreement on the conditions for the UK leaving the EU.  In fact the negotiations will be conducted by qualified majority voting on the Council (see text of Article 50 below) and a national veto can only be applied to a request for an extension of the two year negotiating period.  I have amended the text of the diary accordingly.

Article 50

1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.

2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.

4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.

A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.

5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.

Article 49 requires that members agree unanimously to the accession or re-accession of an applicant member state, so if the UK decided to reapply for membership it would need the unanimous approval of all existing members. Ironically, the UK might find it harder to  join the EU than Turkey in those circumstances!

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by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Mon Jun 27th, 2016 at 03:33:38 AM EST

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