Rules for exercising the Union's rights in implementing and enforcing EU UK agreements

Briefing 16-06-2023

The Withdrawal Agreement (WA) and the Trade and Cooperation Agreement (TCA) between the EU and the UK set the terms for the UK’s departure from the Union and a framework for future relations. Tensions surfaced, mainly related to fisheries and the Protocol on Ireland / Northern Ireland (the Protocol), which is a part of the WA. The UK had threatened to take 'unilateral measures' on issues such as border controls. For its part, the EU launched legal actions against the UK for failing to fulfil its obligations. In May 2023, the EU adopted a regulation empowering the Commission to act by means of implementing acts to enforce and implement the two agreements. The new Regulation means that the Commission may impose restrictions on trade, investment or other activities if the UK is in breach the terms of WA and TCA. The new law entered into force in April 2023. Second edition of a briefing originally drafted by Issam Hallak. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.