UPDATE : Wednesday 21st February – the UK Draft Text for Discussion: Implementation Period is here.
[Note : the UK position is to seek a longer transition period.]
UPDATE : Thursday 8th February – the UK proposal for continuation of existing EU-third country agreements is here.
UPDATE : Wednesday 7th February – the draft EU wording for the Transition clauses of the Withdrawal Agreement is here.
Draft clauses to note : [the next step for this draft wording is for it to be agreed by the EU-27 member states, the wording could alter after this step]
(1) There shall be a transition period, which shall start on the date of entry into force of this Agreement and end on 31 December 2020.
(2) Union law (with stated exceptions) shall be binding upon and applicable in the United Kingdom during the transition period.
(3) During the transition period, the United Kingdom shall not act as leading authority for risk assessments, examinations, approvals and authorisation procedures provided for in Union law.
(4) During the transition period, the Court of Justice of the European Union shall have jurisdiction as provided for in the Treaties. In addition, the Governance and Dispute Settlement Part of the Withdrawal Agreement should provide for a mechanism allowing the Union to suspend certain benefits deriving for the United Kingdom from participation in the internal market where it considers that referring the matter to the Court of Justice of the European Union would not bring in appropriate time the necessary remedies.
Two key questions :
(1) registration of EU nationals allowed or not allowed in the transition period ?
(2) EU Notices apply from 29 March 2019 or 31 December 2020, which ?
NOTE : this Annex also sets out the Withdrawal Treaty issues that are still to be resolved. I will post about the EU-UK Withdrawal Treaty separately. The Irish border will continue as a separate strand during the transition period.
NOTE (2) : the possibility of a transition arrangement obtains its legal authority from Article 50, and so the Transition terms will be set out in the Withdrawal Treaty.
UPDATE : UK 26th January 2018 statement on the Transition Period (the UK terms it the Implementation Period) – here.
Last night Hammond/Davis/Clark sent letters to business leaders in which they said of the transition/implementation period:
“The period’s duration will be strictly time-limited, and should be determined simply by how long it will take to make these
changes.” The full letter is here.
The EU position will be published on Monday 29th January 2018.
The date of exit is 00:00 30 March 2019. The EU and the UK have signalled their willingness to agree a Transition Period.
Very little is yet published on the nature of this to-be-agreed Transition Period, save the EU stating it should not extend beyond 31st December 2020.
EU and UK negotiators are currently talking through the loose ends that remain over the UK-EU Withdrawal Treaty – citizens’ rights, the financial settlement and the Irish border – along with topics such as Euratom, which governs the movement of nuclear materials, that have yet to be substantively discussed.
A draft treaty putting the agreements on the three Withdrawal issues into legal language is due to be published within weeks. I will publish this as a separate post.
The EU and the UK authorities have signalled the Transition Period cannot be agreed until the Withdrawal Treaty is in legal language at least. The Withdrawal Treaty will be ratified later in 2018 in advance of the 2019 exit date.
I will update this post when more information is available about the Transition Period. My post updating will NOT be automatically emailed to your inbox, so please make sure to revisit this post on the Blog itself.