Withdrawal Agreement Executive Summary

Part 6 relates to the institutional provisions underlying the agreement and how to resolve VA disputes. The main changes to Part 6 of the March 2018 draft relate to disputes related to the agreement itself, which the Commission had originally proposed, should be resolved by the ECJ if they could not be resolved in the Joint Committee. Instead, the November draft proposes, in Article 170, that all disputes that are not settled in the Joint Committee be referred to an independent arbitration tribunal which will give a binding decision on the dispute. However, where litigation requires the interpretation of terms or provisions of EU law, Article 174 obliges the Tribunal to refer them to the ECJ in order to interpret in a binding manner those terms or provisions which the Tribunal must then apply. Both the draft withdrawal agreement and the political declaration have a potentially considerable impact on the British Constitution. Some of the constitutional issues that are likely to arise in a draft law on the implementation of the withdrawal agreement are the same: the political declaration provides for the granting of adequacy status to the United Kingdom before the end of the transition period until December 2020 and confirms that the European Commission will begin assessing adequacy as soon as possible after the UK`s withdrawal. , as the EU`s common foreign and security policy and the common security and defence policy come into force in the treaties. If coordination is required, the UK could be consulted on a case-by-case basis. The UK will not command, direct EU operations and missions, nor will it provide their headquarters. In exceptional circumstances, the UK may be excluded from the exchange of EU security information during the implementation period. The UK`s commitment to the EU institutions will be essentially at the request of the EU.

Similar provisions apply to the UK`s temporary participation in the areas of justice and home affairs (JAI). With regard to fisheries, the UK and the EU intend to conclude a new fisheries agreement in due course to set fishing opportunities for the first year following implementation. On the issue of the Irish border, there is a protocol on Northern Ireland (the “backstop”) which is attached to the agreement and establishes a position of withdrawal which will only come into force in the absence of effective alternative provisions before the expiry of the transition period. In this case, the UK will eclipse the EU`s common external tariff and Northern Ireland will stick to aspects of the internal market until such an event is carried out. Neither party can unilaterally withdraw from this customs union. The aim of this backstop agreement is to avoid a “hard” border in Ireland, where customs controls are needed. [19] The United Kingdom has opted for a regime requiring EU citizens to apply for a new resident status known as “settled” or “pre-settled. It is not yet clear whether each EU-27 will exercise its discretion under the withdrawal agreement to force British residents to apply for a new resident status. The EU and the UK have reached an agreement on the withdrawal agreement with a revised protocol on Ireland and Northern Ireland (abolition of the “backstop”) and a revised political declaration. On the same day, the European Council (Article 50) approved these texts. The withdrawal agreement provides for a transitional period until 31 December 2020, during which time the UK will remain in the internal market, to ensure the smooth flow of trade until a long-term relationship is concluded.

If no agreement is reached by then, the UK will leave the single market without a trade deal on 1 January 2021. The withdrawal agreement is closely linked to a non-binding political declaration on future relations between the EU and the UK.