Trigger warning!

Any second now TEU Article 50 is to be triggered. Brexit!

Wait. What’s Article 50?

Always a good idea to read the original, so here it is:

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 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 …

Here are my thoughts on Article 50 (or not) written straight after the Brexit referendum result:

The smart thing now as I have argued at length here and elsewhere is for key European leaders to st down calmly but with some new urgency and consider what new arrangements as between the EU/UK and for the EU itself are going to be credible and sustainable with voters. Whatever happens the EU treaties now have to change in the coming years. It’s highly unlikely to be possible or desirable politically simply to have everything else continuing as before but with the UK not in the EU club.

In other words, the legal forms are important but they don’t matter. What matters is answering the key strategic questions. Then you find the legal language to make it all happen.

It follows that the key negotiations can be conducted and concluded in a couple of years without Article 50 being triggered at all. Or, perhaps, Article 50 will be triggered only when the clear outlines of a New Deal have been identified, with the Article 50 process kicking in to launch the legal formalities needed to finish things off.

In short, all sorts of options are possible. So don’t panic if no one option quickly emerges.

As I expected, it has taken a while for London and Brussels (and Berlin and Paris) to mull all this over and finally get the Article 50 notification trundling out to the runway and revving its engines for takeoff.

Thus, an interesting practical question now presents itself. What exactly mounts to ‘notifying the European Council’ as per section 2?

A terse telephone call and message left on the European Council’s voicemail might not be deemed quite enough. Likewise a breezy Tweet from No 10’s Twitter account:

This is to notify the European Council that under TEU Article 50 the UK intends to leave #EU

#Brexit

#freeatlast

#hope #change

Maybe best to send in a formal document. But formal in what form?

Thus it would tick all boxes of diplomatic precision for the UK Representation to the European Union to submit to the offices of the European Council a Note Verbale:

The UK Representation to the European Union presents its compliments to the office of Mr Tusk as President of the European Council, and has the honour to inform the Council that this Note Verbale represents the official notification by the United Kingdom under Article 50 of the Treaty on European Union that the United Kingdom has decided with withdraw from the European Union.

The UK Representation to the European Union avails itself of this opportunity to renew to the office of the President of the European Council the assurances of its highest consideration.

Yet again that maybe is a tad … perfunctory?

Reader itdoesntaddup offers the idea of a letter from the Prime Minister to Council members:

Dear Members of the European Council,

As you will be aware, the UK has decided to withdraw from the European Union in accordance with its constitutional requirements, as described in Article 50, paragraph 1 of the Treaty on European Union. We hereby give you the formal notice required by Article 50, paragraph 2 of the Treaty on European Union of our intention to leave the European Union.

We note that in accordance with Article 218, Paragraph 3, it now falls to you to appoint your lead negotiator for the negotiations for the agreement that you are required to conclude with us on behalf of the Union, having secured the approval of the European Parliament, that will set out the arrangements for our withdrawal, taking account of the framework of our future relations, as specified in Article 50 (2). We note you will also need to establish negotiating guidelines before talks can proceed.

We further note that in accordance with Article 50(3), the UK will cease to be a member of the Union and cease to be obligated by the Treaties:

(i) On a date set forth in the withdrawal agreement, provided that it is concluded within two years from today;

(ii) Two years from today if no agreement has been concluded by that date (notwithstanding your obligation to negotiate and conclude an agreement with us will continue after that date until it is fulfilled);

(iii) On some other agreed date if there is unanimous agreement among yourselves and the UK to extend our period of membership beyond two years from today that is concluded within two years from today.

Although we are giving notice to leave the EU, we intend that our negotiations will honour the values expressed in TEU Article 8 and Article 3 paragraph 5, and we trust that negotiations will proceed in a cordial manner. We note that the provisions of Article 50 supersede those of other provisions of the Treaties for all matters included in the withdrawal agreement.

Yours sincerely,

T May, Prime Minister of the United Kingdom of Great Britain and Northern Ireland

On behalf of Elizabeth the Second, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith

That looks to do the job. But it maybe bangs on a bit too much, telling them what’s in the A50 text when they (ought to) know that already?

How about this:

Dear Mr Tusk,

This letter gives the European Council formal notice under Article 50 of the Treaty on European Union that the United Kingdom intends to withdraw from the European Union.

I ask that the procedures under the Treaty for negotiating this withdrawal now be launched.

Yours sincerely,

Theresa May

Prime Minister

That might be too terse? Try this:

Dear Mr Tusk,

This letter gives the European Council formal notice under Article 50 of the Treaty on European Union that the United Kingdom intends to withdraw from the European Union.

I ask that the procedures under the Treaty for negotiating this withdrawal now be launched.

I assure you that the United Kingdom enters these negotiations in good faith with a view to establishing a new, strong and positive relationship between the United Kingdom and European Union. I am writing to you and Council members separately with proposals for taking the negotiations forward.

Yours sincerely,

Theresa May

Prime Minister

This version includes for the historical record (as this is an historic document of historic proportions) a formal affirmation of the UK’s good intentions, while pushing any detail about starting the detailed negotiations into a different ‘public’ letter that will have its own tone and inwardnesses as required.

Plus Mrs May might send further PERSONAL letters in manuscript to Donald Tusk and other key leaders that say something like this:

Dear Donald,

As the Article 50 procedure is launched, I just want you to know that I’ll be fully committed to working with you and other colleagues to get a good result for the UK, the European Union and Europe itself.

None of this is easy or without risk. But I am confident that with good will and mutual trust we can reach the creative compromises needed to achieve success.

Yours ever,

Theresa May

The point? Diplomacy.

Even with (maybe especially with) such momentous documents it’s all about both substance and tone. They in turn both have policy/public and personal dimensions.

How Europe’s leaders as people play up differences or build on common ground or both at the same time is central to the negotiations. ‘Framing’ the issues right from the start both on and off the record in terms of trust and cooperation leading to shared success helps propel things in a wise direction.

Let’s see what No 10 emits.