Will The Withdrawal Agreement Be Extended

The government has planned a number of changes to national legislation at the end of the transition period. Current Brexit laws provide for these changes to come into force during the “full day implementation period of the IP.” This term is defined in Section 39 of the EU Withdrawal Agreement 2020 Act as 31 December 2020 at 23:00 Greenwich Mean Time. After the adoption by the British House of Lords on 22 January of the European Union Withdrawal Agreement Act, the bill received royal approval from the Queen. The European Parliament approved the agreement on 29 January. The United Kingdom has no plans to extend the transition period. It has repeatedly said that it would not ask for an extension and that the UK would refuse if the EU asked for an extension. However, the EU wants a comprehensive agreement covering all aspects of future relations, while the UK argues that there should be a number of separate agreements, including a basic free trade agreement. The UK will also need to design and implement many new systems on how it will manage immigration once free movement is complete. The transition (sometimes called the implementation period) ends on December 31, 2020. It cannot be extended beyond that date. Is there a way to extend the transition period or find more time to reach agreement and implementation? The British Parliament passes a law requiring the UK government to ask for a postponement of Brexit if there is no deal with the EU by 19 October 2019. EU leaders approve the postponement of the date of Brexit to 31 January 2020, or earlier, if the UK and European parliaments approve the withdrawal deal by then.

A one-time extension of the transition period is possible. Such an extension may not exceed two years. It is expected to be the subject of a joint commission decision between the UK and the EU by 1 July 2020. The UK and the EU should agree on both the length of an extension and other conditions, such as the UK`s financial contribution to the EU budget for the extended period. Either the UK and the EU will go directly into their negotiated “future relations,” or “there will be no trade deal,” and the UK and EU will trade on the terms of the World Trade Organisation. In his commentary on the Vienna Convention, Philippe Sands called Article 39 a “general and permanent rule” (commentary, point 15), and the treaties were amended on the basis of Article 39 by oral agreements of ministers, the exchange of diplomatic notes and resolutions (commentary, point 33). On this basis, I affirm that a decision taken in the Joint Committee constitutes an agreement by mutual agreement within the meaning of Article 39 of the Vienna Convention and that it is sufficient to amend the withdrawal agreement to allow an extension of the transition period after 1 July 2020. In any case, the relationship between the UK and the EU will change. For example, there will be controls and more administrative procedures at the UK-EU border. This includes reporting the goods you import or export.

Thus, while the UK will no longer have the right to vote, it will continue to comply with EU rules during the transition period. For example, the European Court of Justice will have the final say in all disputes. With regard to the implementation of the Ireland/Northern Ireland Protocol on the Withdrawal Agreement, the European Commission stressed at the Joint Committee meeting that the UK will have to meet all the requirements of the protocol from 1 January 2021. While welcoming the UK`s 20 May 2020 document on its implementation approach, the EU does not believe that the document provides sufficient detail. Northern Ireland will remain a difficult issue.