# 2015–2016 United Kingdom renegotiation of European Union membership

Part of a series of articles on :
UK membership of the European Union (1973–2020) :
Accession
Treaty of Accession 1972
1972 EC Act
1973 enlargement of the EC :
1975 referendum
Referendum Act (results) :
Treaty amendments Single European Act, 1986 (UK ratification) Maastricht Treaty, 1992 (UK ratification) Treaty of Amsterdam, 1997 (UK ratification) Treaty of Nice, 2001 (UK ratification) Treaty of Lisbon, 2007 (UK ratification)
Related:
2011 UK Act on new EU Treaty amendments
EU-related British Acts
Proposed European Constitution referendum
European Union Bill 2004–2005 :
MEPs for UK constituenciesMembers 1973–1979 (elected by parliament)Members 1979–1984 (1979 election)Members 1984–1989 (1984 election)Members 1989–1994 (1989 election)Members 1994–1999 (1994 election)Members 1999–2004 (1999 election)Members 2004–2009 (2004 election)Members 2009–2014 (2009 election)Members 2014–2019 (2014 election)Members 2019–2020 (2019 election)
Women :
Officials and bodies
House of Lords EU Committee
House of Commons EU Committee
Permanent EU Representatives for UK
Northern Ireland Executive in Brussels
EU Representative in London
UK European Commissioners
Department for Exiting the European Union :
Issues and events
Economy
The Euro
Black Wednesday
UK budget rebate
Nationality law
Euroscepticism in the UK
United Kingdom opt-outs from EU legislation
Maastricht Rebels
Balance of Competences Review :
Withdrawal
2015 UK general election
2015–2016 membership renegotiation
2016 EU membership referendum
Vote Leave
Britain Stronger in Europe
Notification of withdrawal
2017 UK general election
Brexit negotiations
Impact of Brexit
Future relationship
Withdrawal agreement
No-deal Brexit
Impact on Irish border
Northern Ireland Protocol
Parliamentary votes
Proposed second referendum
2019 UK general election :
EU portal
UK portal :
vte :
Part of a series of articles on :
Brexit :
Withdrawal of the United Kingdom from the European Union
Glossary of terms :
Background
European Communities Act
1975 EC membership referendum
UK rebate
Bruges speech
No. No. No.
Maastricht Rebels
Black Wednesday
European Union (Amendment) Act 2008
European Union Act 2011
UK opt-outs from EU legislation
Euroscepticism in the UK
UK opinion polling on EU membership
Campaigns for a referendum
People's Pledge
Labour for a Referendum
Bloomberg speech
In or Out
2013–14 EU (Referendum) Bill (unsuccessful)
2014 European Parliament election
2014 UK Parliament by-elections
Clacton
Heywood and Middleton
Rochester and Strood
2015 UK general election
2015–16 EU membership renegotiation :
2016 referendum
EU Referendum Act (Gibraltar)
EU Referendum (Date of Referendum etc.) Regulations
EU Referendum (Conduct) Regulations
Issues
Endorsements
Opinion polling
UK Government pro-EU leaflet
Campaigns
Leave campaigns
Vote Leave (official)
Business for Britain
Conservatives for Britain
BeLeave
Leave.EU
Bpoplive
The Freedom Association
Better Off Out
Grassroots Out
Labour Leave
Get Britain Out
Bruges Group
Campaign for an Independent Britain
Brexit: The Movie
Remain campaigns
Britain Stronger in Europe (official)
Labour In for Britain
European Movement UK
Britain in Europe
British Influence
Business for New Europe
Nucleus
Project Fear
Outcome
Results
Causes for result
International reactions
Immediate aftermath
2016 Conservative Party election
2016 Labour Party election
2016 UKIP election
Department for Exiting the EU
Department for International Trade
Allegations of unlawful campaigning
Alleged Russian interference :
Notice of withdrawal
Article 50 process
Miller case (Article 50)
EU (Notification of Withdrawal) Act 2017
Brexit plan
Repeal Bill plan
2017 UK general election :
Negotiations
Negotiation positions
EU negotiation mandate
Chequers agreement
Timeline: 2017, 2018, 2019
2019 European Parliament election
2019 UK general election :
Withdrawal agreement
Brexit divorce bill
Fish for finance
Irish backstop
No-deal Brexit
Northern Ireland Protocol
Northern Ireland Protocol Bill
Windsor Framework :
Legislation
Withdrawal Act 2018 (Gibraltar)
Nuclear Safeguards Act 2018
Cooper–Letwin Act
Benn Act
2019 suspension of rebel Conservative MPs
Public Vote Bill (not passed)
Terms of Withdrawal Bills (not passed)
Scottish EU Continuity Bill (blocked)
Withdrawal Agreement Act (Gibraltar)
Scottish EU Continuity Act
Internal Market Act
EU (Future Relationship) Act
Retained EU Law (Revocation and Reform) Bill :
Impact
Impact on the Irish border
Good Friday Agreement
Impact on the EU
Economic effects
Effects on Gibraltar
Scientific cooperation
Effects on popular culture
Retained EU law
2021 Jersey dispute :
EU–UK relations
Relations pre- and post-Brexit
EU–UK trade negotiation
EU–UK Trade and Cooperation Agreement (TCA)
Partnership Council
Partnership Assembly
Relations with EU member states
Austria
Belgium
Bulgaria
Croatia
Cyprus
Akrotiri and Dhekelia
Czech Republic
Denmark
Estonia
France
Germany
Greece
Hungary
Ireland
Ireland–UK border
British–Irish Council
North/South Ministerial Council
Italy
Lithuania
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Spain
Status of Gibraltar
Gibraltar–Spain border
Sweden
Conjectured EEA membership :
Opposition
Post-referendum opinion polling
New initiatives
Change Britain
More United
Open Britain
The New European
Unite to Remain
Led By Donkeys
Revoke Article 50 petition
Postcards from the 48%
Proposed second Scottish independence referendum
Calls for a second referendum
People's Vote
Britain for Europe
European Movement UK
For our Future's Sake
Healthier IN the EU
InFacts
Open Britain
Our Future Our Choice
Scientists for EU
Other organisations
Best for Britain
Bollocks to Brexit
Change UK
Liberal Democrats
Right to Vote :
Timeline Bloomberg speech Jan 2013 Referendum Bill blockedJan 2014 European Parliament election May 2014 2015 general election May 2015 Renegotiation begins Jun 2015 Referendum Act passed Dec 2015 Renegotiation concluded Feb 2016 Referendum held Jun 2016 David Cameron resigns as PM Jul 2016 Theresa May becomes PM Jul 2016 Article 50 judgement Jan 2017 Brexit plan presentedFeb 2017 Notification Act passed Mar 2017 Article 50 invoked Mar 2017 Repeal Bill plan presentedMar 2017 2017 general election Jun 2017 Brexit negotiations begin Jun 2017 Withdrawal Act passedJun 2018 Chequers plan presented Jul 2018 Withdrawal agreement plan presented July 2018 Withdrawal agreement released Nov 2018 Scottish Continuity Bill blockedDec 2018 Meaningful votes Jan–Mar 2019 Brexit delayed until 12 April Mar 2019 Cooper–Letwin Act passed Apr 2019 Brexit delayed until 31 October Apr 2019 European Parliament election May 2019 Theresa May resigns as PM Jul 2019 Boris Johnson becomes PM Jul 2019 Prorogation and annulment Aug–Sep 2019 Benn Act passed Sep 2019 Withdrawal agreement revised Oct 2019 Brexit delayed until 31 January Oct 2019 2019 general election Dec 2019 Agreement Act passed Jan 2020 UK leaves the European Union Jan 2020 Implementation period begins Jan 2020 UK–EU trade deal agreed Dec 2020 Future Relationship Act passed Dec 2020 Scottish Continuity Act passed Dec 2020 Implementation period ends Dec 2020 New EU–UK relationship begins Jan 2021 UK–EU trade deal ratified Apr 2021 Windsor Framework released Feb 2023 Windsor framework adopted Mar 2023 :
EU portal
UK portal :
vte :
The 2015–2016 United Kingdom renegotiation of European Union membership was an unimplemented non-binding package of changes to the United Kingdom's terms of its European Union (EU) membership as a member state and changes to EU rules which were first proposed by Prime Minister David Cameron in January 2013, with negotiations beginning in the summer of 2015 following the outcome of the UK General Election. The package was agreed by the President of the European Council Donald Tusk, and approved by EU leaders of all 27 other countries at the European Council session in Brussels on 18–19 February 2016 between the United Kingdom and the rest of the European Union. The changes were intended to take effect following a vote for "Remain" in the UK's in-out referendum in June 2016, at which point suitable legislative proposals would be presented by the European Commission. Due to the outcome of the referendum in which the electorate voted by 51.9% to 48.1% to leave the bloc, the changes were never implemented and subsequently the United Kingdom withdrew from the European Union in January 2020.
The renegotiated terms were in addition to the United Kingdom's existing opt-outs in the European Union and the UK rebate. The changes were legally binding insomuch as the intentions and statements made by the EU leaders were enshrined in an international treaty. The implementation of some of the changes would have required legislation by the European Parliament or treaty change within the EU and so the details may have altered, although it would be hard for the European Commission or the European Parliament to directly defy national governments.
After the deal had been approved, Cameron described it as giving the United Kingdom "special status within the European Union" and immediately declared that both he and the UK Government would campaign for a "Remain" vote in the referendum within a "reformed European Union". The following day, after a special meeting of the cabinet, Cameron announced that the in-out referendum would be held on 23 June 2016 under the provisions of the European Union Referendum Act 2015 which had already been agreed by the British Parliament.
On 23 June 2016, the United Kingdom, on a national turnout of 72%, voted by 51.9% to 48.1% to leave the European Union and indirectly reject the terms of the new agreement. The result received a variety of different reactions internationally and began the process of leaving by invoking Article 50 of the Treaty on European Union on 29 March 2017; after three extensions to the Article 50 process on 31 January 2020 at 23:00 GMT in accordance with the result of the referendum, the United Kingdom became the first EU member state to formally leave the bloc, ending 47 years of membership.

## Emergency brake

The so-called "emergency brake mechanism" would have allowed member countries to limit access to in-work benefits for new EU immigrants. This would have needed the agreement of the European Parliament and the UK would need the agreement of a majority of other governments through approval in the Foreign Affairs Council (of Member States).
Under existing rules, other EU citizens could ultimately claim most of the same benefits as a UK national. Some of the benefits were subject to a test on "Right to Reside" for which EU citizens would almost certainly qualify. Most benefits also required Habitual Residence which means that for the most EU Citizens they will have to wait three months before claiming Jobseeker's Allowance, Child benefit or Child tax credit.
Under the emergency brake (which needed first to be established in EU law), the European Council (of national Heads of Government) could have authorised a country that is experiencing migrant flows of "exceptional magnitude" to restrict benefits for new migrants for four years (with migrants starting with no entitlement then gradually gaining rights to benefits). These restrictions could be kept in place for up to seven years but could be used only once. In this case "established in EU law" means the EU Commission proposing draft legislation for approval by the European Parliament. Subsequently, member states [but specifically the UK] could have requested and applied it to migrants reasonably quickly, with the Commission already expressing that they believed the UK would be justified in doing so.

## The "Red Card"

The "red card" would have allowed a member of the Council of the European Union with the support of 15 other members to return a recommendation to the European Parliament for further changes. This is not a veto as EU politicians could still go ahead if they judge that they have addressed the concerns raised by the "red card", which is named after the penalty card used in football.
Cameron backed the "red card" as a means to support the EU's principle of subsidiarity, which he believed was not fully realised. In this way the "red card" is intended for groups of countries to block or reform EU rules where they think it is their job, rather than that of the EU, to make laws on a particular subject. The "red card" would have joined the existing "yellow card" (which has been triggered twice) and the "orange card" (which has never been used). The use of the "red card" would have required the backing of 55% of governments at the council, which is slightly less than is required to approve directives – which is 55% of all countries and votes representing 65% of the EU's population.

## Deporting EU migrants

Free movement of people is an important tenet of the European Union and enshrined in primary law in treaties. The EU deal would have subtly changed the free movement rules to make it easier for countries to deport migrants from other EU countries. This would have been achieved by "beefing up" the exceptions to the general rule that EU citizens can live and work where they choose in the EU.
National governments have a carefully restricted ability to restrict the free movement of people about the EU. Once a citizen lives in another EU country the threshold of reason for the local government to remove them becomes progressively higher. The changes planned in the EU-deal were subtle changes of wording to permit governments to take in to account where migrants' behaviour is "likely" to represent a threat, rather than that it "does", and would have allowed governments to take in to more account a person's past behaviour rather than just their present behaviour.
The consensus from the EU leadership is that the planned changes would have given nations more power to deport criminals and prevent their return but not necessarily restrict movement for other reasons.

## Child benefit

The deal would have made no changes to the principle that child benefit should be paid to citizens no matter where their children reside. However following the deal governments would have been able to adjust the payment they make to reflect the standard of living in the country the child lives and the amount of child benefit that would normally be paid in that country.
Although many people have questioned the idea of paying child benefit for children living in other countries, it is a logical consequence of the EU's principal of non-discrimination – as migrants are more likely to have children in another country and would therefore be discriminated against by restricting those benefits. If the changes to law had been passed to reflect this agreed change it would have been up to the Court of Justice to clarify if it is legal or there are any unintended consequences if it was subsequently challenged.

## "Ever closer union"

In the EU deal, there was a statement specifically exempting the UK from "ever closer union". The precise phrasing of the aspiration, which was in the preamble of the EU's founding treaty and every treaty since is "ever closer union of the peoples [of Europe]". The phrase has symbolic political status but it has little or no legal effect in any of the treaties and thus UK's exemption from it is equally symbolic. The deal explicitly said that the presence of the "ever closer union" phrase in the treaties does not of itself grant the EU any specific competences or powers.

## The UK and the Eurozone

The EU deal attempted to reassure non-Eurozone countries including the UK, that decisions would not be made favouring Eurozone members over them. There would have been a system for non-Eurozone members to object to rules being passed that might harm them but it will not give them a legal opt-out. However EU law already bans discrimination so this would have been merely an additional protection.
Along with Denmark, the UK had an opt-out to the 1992 Maastricht Treaty which means they were not technically obliged to join the Euro.
Prior to this EU deal, there was concern that Eurozone members may discuss matters of the EU and single market separate to the wider membership and therefore come up with a deal they could theoretically impose on non-Eurozone countries. In the Council, Eurozone members would have sufficient majority to pass directives if they wished, although those proposals would need to be proposed and drafter by the Commission first and also approved by the European Parliament.
In addition to specifically banning such discrimination, it also contained a statement of intent that any measures for "economic and monetary union" will be voluntary for non-Eurozone countries, and that those countries will not stand in the way of such measures for those in the Eurozone. For example, non-Eurozone countries will not be required to contribute to bailouts for Eurozone countries.

## Limiting residence rights for family members

The European Council intended to bring forward legislation to change EU law to limit the ability of a non-EU national to gain the right to live and work anywhere in the EU (including the UK) by becoming the spouse of an EU citizen. The matter has been subject of a case in the European Court of Justice, which ruled that European law took precedence over any restrictions set by national law of a member state. This proposed change to the law was expected to bring EU law more in line with desired restrictions by some member states.
This proposed change in law was not intended to deal with deliberate abuses of the immigration policy (sham marriages) for which existing tools exist.

## Legal status and enforcement

The EU deal would have been international law, as it was made by European heads of government acting outside the structure of the EU. The UK intended to register it with the United Nations as such. This would have meant that statements and intentions made within it cannot be challenged before the Court of Justice of the European Union. However, certain aspects of it would need treaty change within the EU and certain elements would need legislation to become part of EU law. The European Commission had already indicated its intention to bring the legislative requirements to the EU Council and the European Parliament for passage. Cameron stated that he had lodged the documents with the United Nations.

## Outcome

On 27 June 2016, David Cameron said in his statement to the House of Commons on the result of the referendum to "Leave the European Union": "The deal we negotiated at the European Council in February will now be discarded and a new negotiation to leave the EU will begin under a new Prime Minister."
| Summary | Approval requirements | Approval requirements | Approval requirements | Implementation and enforcement | Implementation and enforcement |
| Renegotiated area | EU Commission | EU Council | EU parliament | Conditions for implementation | Type of law |
| "Ever closer union" | | | | Remain vote and Treaty | International law |
| "Red card" | | | | Remain vote | International law |
| Protection for non-eurozone countries | | Yes | | Remain vote and rules changed | EU law |
| Child benefit | Yes | Yes | Yes | Legislation | EU law |
| Bringing family to the EU | Yes | Yes | Yes | Legislation | EU law |
| Free movement | Yes | Yes | Yes | Legislation | EU law |
| "Emergency brake" | Yes | Yes | Yes | Legislation | EU law |