A New Year: a new beginning

The United Kingdom became a member of the European Communities on 1 January 1973. Those communities developed, via a long and winding road, into the modern-day European Union.

The many twists and turns of the often turbulent relationship between the UK and the EU need not be traced here and doubtless many histories will be written. 

UK membership ceased on 31 January 2020 (previous post) and the UK entered a transition period lasting for the remainder of 2020. The transition period masked the impact of Brexit.

Leaving the EU was a break

The European Union (Future Relationship) Bill ... (from 31.1220 Act)

Updated 26 January ...

The draft European Union (Future Relationship) Bill has been published and see Bills before Parliament.

The Bill has 40 clauses - Part 1 Security (Clauses 1 to 13) - Part 2 Trade and other matters (Clauses 14 to 28) - Part 3 General Implementation (Clauses 29 to 36 - Part 4 Supplementary and Final Provision (Clauses 37 to 40).  There are 6 Schedules.

Clause 29 (General Implementation) is particularly interesting legally because it aims to modify existing domestic laws for the purpose of implementing the Trade and Cooperation Agreement or the Security of Classified Information Agreement.  This clause is likely to raise considerable legal debate and has the potential to give rise to litigation

Agreement with the EU ~ Overview ~ Post No.4 ~ Aviation

Update:

The text of the TCA was agreed in December 2020 and it is that text which is considered in this post. Following agreement, the text underwent a process of legal revision in accordance with what was Article FINPROV.9.  The articles were renumbered 1 to 783.  (FINPROV.9 became Article 780). The substance of the agreement was not changed.

UK/EU and EAEC: Trade and Cooperation Agreement [TS No.8/2021] - GOV.UK (www.gov.uk)

The original post:

(Pictured - Replica of Bleriot XI - Brooklands Museum) - first air crossing of The Channel 1911).

Draft EU-UK Trade and Cooperation Agreement 

Part Two Heading Two - Aviation ... Title I (Air Transport) ... Title II (Aviation Safety)

The Transport Committee published its Second Report of Session 2019–21, The impact of the coronavirus pandemic on the aviation sector (HC 268) on 13 June 2020. This report noted - 

"The global coronavirus pandemic in 2020 has reached, to some degree, into all areas of the UK and world economy. Few industries, however, have been affected

Agreement with the EU ~ Overview ~ Post No.3 ~ Trade

Update:

The text of the TCA was agreed in December 2020 and it is that text which is considered in this post. Following agreement, the text underwent a process of legal revision in accordance with what was Article FINPROV.9.  The articles were renumbered 1 to 783.  (FINPROV.9 became Article 780). The substance of the agreement was not changed.

UK/EU and EAEC: Trade and Cooperation Agreement [TS No.8/2021] - GOV.UK (www.gov.uk)

The original post:

Part TWO of the Draft EU-UK Trade and Cooperation Agreement sets out the arrangements for Trade, Transport, Fisheries and other arrangements. - (Direct Link to Part TWO).  There are Six HEADINGS

(1) Trade, (2) Aviation, (3) Road Transport, (4) Social Security Coordination and Visas for Short-term visits, (5) Fisheries, and (6) Other Provisions. 

The 6 Headings (plus Annexes) amount to a lengthy, detailed and complex document. This post first looks at Heading Six and then notes some of the features of Heading One (Trade). 

Heading SIX - Other Provisions: (LINK) - This begins

Agreement with the EU ~ Overview ~ Post No.2 ~ Law Enforcement / Judicial Cooperation in Criminal Matters

Update:

The text of the TCA was agreed in December 2020 and it is that text which is considered in this post. Following agreement, the text underwent a process of legal revision in accordance with what was Article FINPROV.9.  The articles were renumbered 1 to 783.  (FINPROV.9 became Article 780). The substance of the agreement was not changed.

UK/EU and EAEC: Trade and Cooperation Agreement [TS No.8/2021] - GOV.UK (www.gov.uk)

The original post:

A crucial aspect of the UK's relationship with the EU has been involvement in EU-wide action to combat crime. This post looks at Part Three of the TCA - Law Enforcement and Judicial Cooperation in Criminal Matters.

In 2014, after a complicated and lengthy process, the UK decided to retain the European Arrest Warrant and a number of other Police and Criminal Justice measures - previous post 6 November 2014. This recognised the the necessity for effective structures to combat international crime. Without further agreement, withdrawal from the EU would mean that UK participation in such structures would come to an end. 

The Trade and Cooperation Agreement Part Three provides

Agreement with the EU ~ Overview ~ Post No.1 ~ Fundamentals

Update:

The text of the TCA was agreed in December 2020 and it is that text which is considered in this post. Following agreement, the text underwent a process of legal revision in accordance with what was Article FINPROV.9.  The articles were renumbered 1 to 783.  (FINPROV.9 became Article 780). The substance of the agreement was not changed.

UK/EU and EAEC: Trade and Cooperation Agreement [TS No.8/2021] - GOV.UK (www.gov.uk)

The original post:

Over a reasonably short number of posts I hope to offer a fair and balanced view of the key agreements finally reached on 24 December between the UK government and the EU.  

Anyone but a latter day Rip Van Winkle will have their opinion as to whether Brexit is "good" or "bad" but it is crucial that the nation now moves forward and I have no doubt that the agreements constitute a better future relationship than a "no deal" scenario. 

This post looks at the Preamble and Titles One and Seven of the Trade and Cooperation Agreement (the TCA). This is an overview and the agreement itself must be read in full if the reader wishes to have a detailed understanding.

UK government reaches agreement with the EU

On Christmas Eve it was announced that agreement had been reached between the UK government and the European Union (EU) over the terms of Future Trade and Co-operation - previous post 22 December 2020.

On 28 December, the agreement was approved (unanimously) by EU Amassadors - BBC News 28 December.

The draft texts have now been published of three agreements and other materials:

• The Draft EU-UK Trade and Cooperation Agreement

• The Draft EU-UK Security of Information Agreement

• The Draft EU-UK Civil Nuclear Agreement 

  There are also a number of 
  

• Draft EU-UK Declarations

For further details see Europa The draft EU-UK Trade and Cooperation Agreement and the UK Government - Agreements reached between the United Kingdom of Great Britain and Northern Ireland and the European Union

Proposal for Council Decision:

The EU has also published a Draft Proposal for a Council Decision (pdf).  This indicates that the legal basis for the proposed Council Decision is Article 217 TFEU, read in conjunction with Articles 218(5) TFEU and the second paragraph of Article 218(8) TFEU.