Category: Withdrawal Agreement

Withdrawal Agreement Bill: Implications for devolved institutions  October 23, 2019 David Torrance The European Union (Withdrawal Agreement) Bill (WAB) amends the European Union (Withdrawal) Act 2018 so that provisions of the Withdrawal Agreement apply directly in domestic law. It therefore also has implications for the Scottish Parliament, National Assembly for Wales and the Northern Ireland Assembly. This Insight looks at how the WAB: alters the devolution statutes gives rise to the need for legislative consent from the Scottish Parliament […]

Withdrawal Agreement Bill: The financial settlement  October 22, 2019 Matt Keep The Withdrawal Agreement sets out how the UK and EU will settle their outstanding financial commitments to each other, which arise out of the UK’s participation in the EU budget as a Member State and broader aspects of its EU membership. The financial settlement is currently estimated at a […]

Withdrawal Agreement Bill: Protection for workers’ rights  October 22, 2019 Daniel Ferguson The European Union (Withdrawal Agreement) Bill 2019-20 (the ‘WAB’) was published on 21 October 2019. Clause 34 and Schedule 4 of the Bill set out “protections for workers’ rights”. The clauses are largely identical to draft clauses published by the May Government in March 2019. This […]

Withdrawal Agreement Bill: Citizens’ rights  October 22, 2019 Melanie Gower, Steven Kennedy Part 3 of the European Union (Withdrawal Agreement) Bill (the ‘WAB’) gives effect in UK law to the provisions for protecting citizens’ rights in the Withdrawal Agreement (WA), and the similar Separation Agreements with Switzerland and with the EEA EFTA states – Iceland, Liechtenstein and Norway. (In this Insight, […]

Withdrawal Agreement Bill: Parliament’s role in the future UK-EU relationship  October 22, 2019 Graeme Cowie The EU (Withdrawal Agreement) Bill (the ‘WAB’) does not just deal with the ratification and implementation of the negotiated Withdrawal Agreement between the UK Government and the European Union. It also makes arrangements for what Parliament’s role should be in the next stage […]

Withdrawal Agreement Bill: Implementing the transition period  October 22, 2019 Graeme Cowie A core part of the Withdrawal Agreement is that there shall be a “transition or implementation period” under Article 126. This period begins when the UK leaves the EU and ends, by default on 31 December 2020. However the UK and EU can jointly agree, […]

Withdrawal Agreement Bill: Ratifying the Withdrawal Agreement  October 22, 2019 Graeme Cowie The UK Government and the European Union reached agreement on a revised Withdrawal Agreement (a draft treaty text) and Framework for the Future Relationship (a joint political declaration, but not itself a treaty) on Thursday 17 October 2019. However, this was not the end of the approval process: […]

Withdrawal Agreement Bill: Sovereignty, special status and the Withdrawal Agreement  October 22, 2019 Graeme Cowie For much of the UK’s time as an EU Member State, the legal relationship between EU law and domestic law has been a controversial one. For many, it represents a constraint (in practice if not strictly in law) on the constitutional principle that the Crown-in-Parliament is sovereign. Against that […]

Clause  1:  saving  for  the  implementation  period:  the  power  to  exclude   international  agreements  from  the  definition  of  EU  treaties Power  conferred  on:  A  Minister  of  the  Crown Power  exercised  by:  Regulations  made  by  Statutory  Instrument Henry  VIII  power:  No Parliamentary  Procedure:  Draft  affirmative  procedure  for  the  power  to  exclude  international   agreements  from  the […]

1.Powers  relating  to  citizens’  rights Clause  7(1)(a)  to  (g):  powers  to  make  regulations  providing  for  the   deadline  for  applications  and  temporary  protections  in  respect  of  the   EU  Settlement  Scheme Power  conferred  on:  A  Minister  of  the  Crown   Power  exercised  by:  Regulations  made  by  Statutory  Instrument   Henry  VIII  power:  Yes   Parliamentary […]

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Policy background 4 On 23 June 2016, a referendum was held in the UK and Gibraltar on whether the UK should remain a member of the EU. More than 33.5m people, some 72 per cent of registered voters, voted in the referendum and 52 per cent of those who voted, voted to leave the EU. […]

Citizens’ rights 36 The Bill gives effect to the Withdrawal Agreement so that it applies directly in the UK, underpinning the rights contained within Part 2 of the Withdrawal Agreement in domestic law and providing a means of redress where these rights are not properly implemented, or where other legislation is inconsistent with the Withdrawal […]

Clause 1: Saving for the implementation period 85 This clause inserts a new section 1A into the EU (Withdrawal) Act 2018. New section 1A saves and amends the ECA for the purpose of giving effect to Part 4 of the Withdrawal Agreement. Until ‘exit day’, the ECA’s purpose is to implement EU law as required […]

Clause 5: General implementation of remainder of Withdrawal Agreement 118 This clause gives effect to Article 4 of the Withdrawal Agreement, on the methods and principles relating to the effect, the implementation, and the application of the Withdrawal Agreement. 119 Article 4 of the Withdrawal Agreement provides for: a. individuals and businesses to be able […]

Northern Ireland 53The Protocol on Ireland/Northern Ireland in the Withdrawal Agreement provides arrangements that ensure that the UK (including Northern Ireland) does not remain in a customs union with the European Union. The Protocol also makes arrangements seeking to ensure that there are no checks and controls conducted at or near the border between Northern […]

Clause 7: Rights related to residence: application deadline and temporary protection 137 This clause provides Ministers of the Crown with a power to make regulations implementing the provisions in the Agreements which enable the UK to require individuals within scope of the Agreements or within scope of residence scheme immigration rules (the protected cohort) to […]

Clause 18: Main power in connection with other separation issues 232This clause, inserted as new section 8B of the EU (Withdrawal) Act 2018, provides Ministers of the Crown with a power to implement the Other Separation Issues, which form Part 3 of the Withdrawal Agreement and Part 3 of the EEA EFTA Separation Agreement. Ministers […]

EXPLAINER FOR THE NEW IRELAND/NORTHERN IRELAND PROTOCOL AND THE POLITICAL DECLARATION ON THE FUTURE RELATIONSHIP 18 October 2019 Summary 1. The United Kingdom and the European Union have reached political agreement on a new Withdrawal Agreement and Political Declaration on the framework for the future relationship. This publication explains the changes to these documents in relation to those which were […]

POLITICAL DECLARATION SETTING OUT THE FRAMEWORK FOR THE FUTURE RELATIONSHIP BETWEEN THE EUROPEAN UNION AND THE UNITED KINGDOM INTRODUCTION 1. The European Union, hereafter referred to as ‘the Union’, and the United Kingdom of Great Britain and Northern Ireland, hereafter referred to as ‘the United Kingdom’, (‘the Parties’) have agreed this political declaration on their future relationship, […]

Rt Hon Geoffrey Cox QC MP Attorney General Attorney General’s Office 5-8 The Sanctuary London SW1P 3JS Rt Hon Theresa May MP Prime Minister 10 Downing Street London SW1A 2AA Tel: 0207 271 2492 www.gov.uk/ago 12 March 2019 Dear Prime Minister, Legal Opinion on Joint Instrument and Unilateral Declaration concerning the Withdrawal Agreement 1. I […]

JOINT  STATEMENT  SUPPLEMENTING  THE  POLITICAL  DECLARATION  SETTING  OUT  THE  FRAMEWORK  FOR   THE  FUTURE  RELATIONSHIP  BETWEEN  THE  EUROPEAN  UNION  AND  THE  UNITED  KINGDOM  OF  GREAT   BRITAIN  AND  NORTHERN  IRELAND 1. The  European  Union,  hereafter  referred  to  as  “the  Union”,  and  the  United  Kingdom  of  Great  Britain   and  Northern  Ireland,  hereafter  referred  to  as […]

Unilateral Declaration bu the UK Declaration by Her Majesty’s Government of the United Kingdom of Great Britain and Northern Ireland concerning the Northern Ireland Protocol The   United   Kingdom   reiterates   its   wish   to   establish   a   future   partnership   that   is   as   close   […]

INSTRUMENT  RELATING  TO  THE  AGREEMENT  ON  THE  WITHDRAWAL The  Union  and  the  United  Kingdom: Reiterate  the  parties’  wish  to  establish  a  future  partnership  that  is  as  close  and  strong  as  possible,   given  the  global  challenges  they  share,  and  underline  their  commitment  to  embark  on  preparations   immediately  after  the  signature  of  the  Withdrawal  Agreement […]

Objective and Scope The Agreement sets out the arrangements for the withdrawal of the United Kingdom of Great Britain and Northern Ireland (“United Kingdom”) from the European Union (“European Union”) and from the European Atomic Energy Community (“Euratom”). Unless otherwise provided in the Agreement or in EU law made applicable by the Agreement, any reference […]

Transition Period There shall be a transition or implementation period, which shall start on the date of entry into force of the Agreement and end on 31 December 2020. Unless otherwise provided in the Agreement, EU law shall be applicable to and in the United Kingdom during the transition period. During the transition period, the […]

TAX Taxation The European Union and the United Kingdom recognise and commit themselves to implementing the principles of good governance in the area of taxation, including the global standards on transparency and exchange of information, fair taxation, and the OECD standards against Base Erosion and Profit Shifting (BEPS). The European Union and the United Kingdom […]

INSTITUTIONAL PROVISIONS Joint Committee A Joint Committee, comprising representatives of the European Union and of the United Kingdom, is hereby established. The Joint Committee shall be co-chaired by the European Union and the United Kingdom. The Joint Committee shall meet at the request of the European Union or the United Kingdom, and in any event […]

RULES OF PROCEDURE OF THE JOINT COMMITTEE AND SPECIALISED COMMITTEES Rule 1 Chair The Joint Committee shall be co-chaired by a Member of the European Commission and a representative of the Government of the United Kingdom at ministerial level, or by high-level officials designated to act as their alternates. The European Union and the United […]

CITIZENS’ RIGHTS GENERAL PROVISIONS Definitions For the purposes of these provisions, the following definitions shall apply: “family members” means the following persons, irrespective of their nationality, who fall within the personal scope provided for in Article 10 of the Agreement: family members of European Union citizens or family members of United Kingdom nationals as defined […]

RIGHTS OF WORKERS AND SELF-EMPLOYED PERSONS Rights of workers Subject to the limitations set out in the EU Treaties, workers in the host State and frontier workers in the State or States of work shall enjoy the rights guaranteed by the Treaty and the rights granted by EU Regulation. These rights include: the right not […]

GENERAL PROVISIONS Currency to be used between the EUand the UK Without prejudice to the applicable EU law concerning the European Union’s own resources, all amounts, liabilities, calculations, accounts and payments referred to in these provisions shall be drawn up and implemented in euro. Facility offered to auditors The United Kingdom shall inform the European […]

Citizens’ rights The Kingdom of Spain (“Spain”) and the United Kingdom in respect of Gibraltar shall closely cooperate with a view to preparing and underpinning the effective implementation of Part Two of the Withdrawal Agreement on citizens’ rights, which fully applies, inter alia, to frontier workers residing in Gibraltar or in Spain, in particular in […]

General provisions For the purposes of the Protocol, any reference to the United Kingdom in the applicable provisions of the Withdrawal Agreement shall be understood as referring to the United Kingdom in respect of the Sovereign Base Areas. The provisions of this Protocol referring to EU law or concepts or provisions thereof shall in their […]

GOODS PLACED ON THE MARKET Definitions For the purposes of these provisions, the following definitions shall apply: “making available on the market” means any supply of a good for distribution, consumption or use on the market in the course of a commercial activity, whether in return for payment or free of charge; “placing on the […]

INTELLECTUAL PROPERTY Continued protection in the UK of registered or granted rights The holder of any of the following intellectual property rights which have been registered or granted before the end of the transition period shall, without any re-examination, become the holder of a comparable registered and enforceable intellectual property right in the United Kingdom […]

ONGOING POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS Ongoing judicial cooperation proceedings in criminal matters I In the United Kingdom, as well as in the Member States in situations involving the United Kingdom, the following acts shall apply as follows: the Convention, on Mutual Assistance in Criminal Matters between the Member States of the European […]

BASIS FOR COOPERATION Shared values including the respect for human rights and fundamental freedoms, democratic principles, the rule of law and support for non-proliferation, as essential prerequisites for the future relationship. Reaffirmation of the United Kingdom’s commitment to the European Convention on Human Rights (ECHR), and the Union’s and its Member States’ to the Charter of fundamental Rights […]

JOINT STATEMENT FROM THE NEGOTIATORS 1. This statement, presented jointly by the negotiators of the European Union (Union) and the United Kingdom of Great Britain and Northern Ireland (UK), records the progress made since the publication on 19 March 2018 of the draft Agreement on the withdrawal of the UK from the Union and the […]

Intellectual property Articles 50-57 of the draft WA set out the Commission’s proposed provisions covering intellectual property right arrangements. The provisions, in summary, aim to ensure that the UK’s withdrawal from the EU does not result in intellectual property right holders losing those rights in either the UK or the EU following Brexit. Article 50(1) […]

Ongoing cooperation in criminal matters Articles 58-61 set out the following proposals, applying both in the UK and in the EU Member States in situations involving the UK. Under Article 58(1), currently applicable EU law will continue to apply with respect to the following measures, where appropriate, if initiated by the relevant competent authorities before […]

Effect of Brexit When the UK leaves the EU the status of UK nationals currently working in EU institutions or agencies 76 and of EU staff working in EU bodies in the UK will change. On 29 January UK Commissioner Julian King and Commissioner Gunther Oettinger told UK staff working in the EU   institutions there […]

Financial provisions Broadly speaking, each subject addressed in the financial settlement reached in the Joint Report is included in Articles in the draft WA. The table below shows where different areas of the financial settlement feature in the Joint Report and the draft WA. As well as converting the financial settlement to legal text, the […]

Joint Committee Articles 157 – 159 of the draft Withdrawal Agreement set out the institutional arrangements specific to the Withdrawal Agreement. The proposed Joint Committee is to meet annually; Article 157(3) describes its jurisdiction as covering all interpretation, application and implementation concerns that either party may have concerning the WA. The Joint Committee’s role is […]

Sovereign Base Areas in Cyprus The Commission’s revised draft Withdrawal Agreement of 15 March 2018 includes an incomplete draft Protocol relating to the British military bases in Cyprus. The current legal base for the economic administration of the bases is a Protocol (Protocol 3) attached to the Treaty of 2003 whereby Cyprus acceded to the […]