I. EU UNITED KINGDOM BREXIT AGREEMENT. APPROACH.
The EU and the UK held intensive negotiations for an agreement on the terms of the UK’s withdrawal and the creation of legal certainty once EU law will no longer apply to the UK as a result of the Brexit agreement.
Throughout these negotiations, the European Commission ensured the involvement in the process, through regular meetings at different levels, of the 27 EU Member States and the European Parliament and national parliaments.
In addition, input from EU advisory bodies and other stakeholders helped the European Commission to gather evidence in the process. Unprecedented transparency was ensured, as the European Commission published negotiating documents and all other relevant documents on its website.
The outcome of the negotiations initiated the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. This Agreement was officially signed by the President of the European Council, Charles Michel, and the President of the European Commission, Ursula von der Leyen. This is one of the last steps in the process of ratification of the Withdrawal Agreement, which the Council concluded on January 30.
II. QUESTIONS AND ANSWERS ON THE WITHDRAWAL OF THE UNITED KINGDOM FROM THE EUROPEAN UNION.
What has happened since February 1, 2020?
Once the United Kingdom consummated the Brexit and leaves the European Union on January 31, 2020, following the full ratification of the Withdrawal Agreement, we entered into a transition period. That temporary period was agreed as part of the Withdrawal Agreement and being in force until December 31, 2020.
Until then, the consequences of Brexit had produced no changes for citizens, consumers, businesses, investors, students and researchers, both in the EU and in the UK. The UK ceased to be represented in EU institutions, agencies, bodies and offices, but EU law continued to apply in the UK until the end of the transitional period.
The EU and the UK used these months to agree on a new loyal partnership for the future based on the political declaration agreed between the EU and the UK in October 2019.
On February 3, the Commission adopted draft comprehensive negotiating directives. It was then up to the General Affairs Council to adopt that mandate. At that point, formal negotiations with the UK began.
The structure of the negotiations was agreed between the EU and the UK.
Who is leading the negotiations on the EU side?
In accordance with the Commission Decision of 22 October 2019, the Working Party for Relations with the United Kingdom (UKTF) was responsible for the preparation and conduct of the negotiations on relations with the United Kingdom. Michel Barnier is the head of the experts that make up that Task Force.
The UKTF’s job is to coordinate the Commission’s work on all strategic, operational, legal and financial issues associated with relations with the United Kingdom.
The UKTF also maintains its coordinating role with other institutions, namely the European Parliament and the Council, under the direct authority of the President of the European Commission, Ursula von der Leyen.
What is the Brexit transition period?
The transitional period is a time-limited period originating on the date of February 1, 2020. The exact conditions of the transitional period are contained in the fourth part of the Withdrawal Agreement.
This transitional period definitely came to an end on December 31, 2020. This period was extendable only once, for one or two more years. Such a decision was adopted jointly by the EU and the United Kingdom before July 1, 2020.
What was the status of the United Kingdom during the transitional period?
Of the most important Brexit consequences was that the United Kingdom ceased to be a member state of the European Union and the European Atomic Energy Community as of February 1, 2020. As a third country, it no longer participates in EU decision-making. Specifically:
- It ceased to participate in EU institutions (such as the European Parliament and the Council), EU agencies, offices or other bodies.
However, during the transitional period, all EU institutions, bodies, offices and agencies continued to have the powers conferred on them by EU law in relation to the United Kingdom and to natural and legal persons resident or established in the United Kingdom.
The Court of Justice of the European Union continued to have jurisdiction in relation to the United Kingdom during the transitional period. This also applies to the interpretation and application of the Withdrawal Agreement.
The transitional period granted the UK time to negotiate future relations with the EU. Finally, during the transitional period, the UK had the opportunity to enter into international agreements with third countries and international organizations, including in areas of exclusive EU competence, provided that such agreements did not apply during the transitional period.
What obligations did the UK have during the transitional period?
All EU law, in all policy areas, remained applicable to the UK and in the UK, with the exception of Treaty provisions and acts that were not binding on and within the UK prior to the entry into force of the Withdrawal Agreement. The same can be said of acts amending such acts.
In particular, the obligations for the United Kingdom were as follows:
- Remained in the EU Customs Union and the EU single market with the four freedoms and all applicable EU policies.
- It continued to apply EU justice and home affairs policy[1]: the UK may choose to exercise its right to accede to any measures amending, replacing or building on EU acts to which the UK was bound while a member state, or to reject such measures.
- It was subject to the mechanisms for monitoring compliance with EU law, such as infringement proceedings.
- It had to respect all international agreements signed by the EU and cannot implement new agreements in areas of exclusive EU competence, unless authorized by the EU.
What happened to the EU’s external action during the transitional period?
The EU’s common foreign and security policy applied to the UK during the transitional period. For example, the UK continued to have the possibility to participate in CSDP missions and operations. EU restrictive measures continued to apply to the UK and in the UK. Whenever there is a need for coordination, the UK could be consulted on a case-by-case basis.
What happened to fisheries during the transitional period?
The UK remained bound by the EU’s Common Fisheries Policy and the terms of relevant international agreements.
Was the UK able to enter into new international agreements with other third countries during the transitional period?
The UK was able to take steps to prepare and establish new international agreements of its own, including in areas of exclusive EU competence. Such agreements could only enter into force or start to apply during the transitional period if explicitly authorized by the EU.
What is the timetable for the transitional period and can it be extended?
The transitional period started on February 1, 2020 and ended on December 31, 2020, however, it had the possibility to have taken the decision to extend it by mutual agreement between the EU and the UK before July 1, 2020. Such an extension could only be decided once, and could last for one or two years.
What did the Withdrawal Agreement consist of?
The Withdrawal Agreement set out the terms of the UK’s withdrawal from the EU. It ensured that the withdrawal was carried out in an orderly manner, and provided legal certainty once the Treaties and EU law ceased to apply to the UK.
The Withdrawal Agreement covers the following areas:
- The common provisions, which set out the general clauses for a proper understanding and functioning of the Withdrawal Agreement.
- Citizens’ rights, protecting the life choices of over three million EU citizens residing in the UK and over one million UK citizens residing in EU countries, safeguarding their right to remain and ensuring that they could continue to contribute to their communities.
- Separation provisions, which sought a gradual dissolution of the current arrangements and an orderly withdrawal (e.g., so that products traded before the end of the transitional period could continue to their destination, for the protection of intellectual property rights [including geographical indications], for the progressive termination of police and judicial cooperation in criminal matters and other ongoing administrative and judicial proceedings, for the use of data and information exchanged before the end of the transitional period, for Euratom issues, and in respect of other matters).
- A transitional period, during which the EU treated the UK as if it were a member state, except for its participation in the EU institutions and governance structures. The transitional period allowed, especially administrations, businesses and citizens, to adapt to the UK’s withdrawal.
- The financial settlement, ensured that the UK and the EU meet all financial obligations incurred while the UK was a member of the Union.
- The overall governance structure of the Withdrawal Agreement, which seeks effective management, implementation and enforcement of the Agreement, with particular emphasis on appropriate dispute settlement mechanisms.
- A legally operational solution that avoids a hard border on the island of Ireland, protects the economy of the whole island as well as the Good Friday (Belfast) Agreement in all its aspects and preserves the integrity of the EU single market.
- A Protocol on the Sovereign Base Areas in Cyprus to protect the interests of Cypriots living and working in those Sovereign Base Areas following the withdrawal of the United Kingdom from the Union.
- A Protocol on Gibraltar, providing for close cooperation between Spain and the United Kingdom as regards the Rock on the implementation of the provisions relating to citizens’ rights under the Withdrawal Agreement and concerning administrative cooperation between the competent authorities in a number of areas.