Thread by @AndrewChapman50

A thread on the transition, and the difference between a withdrawal period extension, and a transition period extension.

The three extensions to the withdrawal period were granted under Article 50(3) of the Treaty on European Union: 1/

There is no limit on the length of extension which can be agreed, nor is there any explicit limit on the number of extensions granted.

At the end of the withdrawal period, the EU Treaties 'cease to apply', which means in effect that the former Member State has left the Union. 2/

The Withdrawal Agreement, however, provides for a 'Transition period', which starts when the agreement comes into force, and ends on 31 December 2020: 3/

So long as it has been ratified by both the UK and the EU, the agreement comes into force either at the end of the agreed extended withdrawal period, or on the first day of the month after the ratification process is completed, whichever is sooner: 4/

Thus the transition period begins as soon as the withdrawal period ends.

Although, as I said, the Treaties 'cease to apply' at the end of the Article 50 withdrawal period, Article 127 of the Withdrawal Agreement provides that 'Union law' applies to and in the UK during the 5/

transition period, with some limited exceptions which are set out in the same paragraph and elsewhere: 6/

'Union law' includes the Treaties, EU legislation, international agreements, and so on: 7/

It does not however, so far as I can see, include the Withdrawal Agreement itself, which is made between the Union and a Member State: 8/

Article 7 excludes the UK from participation in EU decision-making and governance, leaving the UK in the uncomfortable and precarious position of being subject to EU law but unable to hinder or prevent new law, inimical to our interests, from being enacted. 9/

One saving grace, so to say, of the transition is that it explicitly permits the UK to negotiate, sign and ratify those types of international agreements, like FTAs for example, which are normally reserved to the Union acting collectively: 10/

And similarly, it allows the UK to negotiate, sign, and ratify international agreements, such as an FTA for example, with the EU itself, which has taken the position that such agreements can only be negotiated with third countries and not with Member States. 11/

Article 132 allows the UK-EU Joint Committee to extend the transition period by 'up to 1 or 2 years': 12/

This allows one extension only, which can apparently be of any period up to 2 years, as confirmed in the Attorney General's 'Legal position on the Withdrawal Agreement': 11/ assets.publishing.service.gov.uk/government/upl…

There is no requirement on either the UK or the EU to agree such an extension.

Indeed in para 135 of the new Political Declaration, the UK and the EU confirm their intention not to seek an extension, but for the future relationship agreements to come into force at end 2020: 12/

Both Parties have agreed to establish a structure, format and schedule of negotiating rounds commensurate with the task of giving effect to the future relationship by the end of 2020: 13/

The Parties have agreed to a high-level meeting in June 2020 to 'take stock of progress' and agree on actions to 'move forward' in the negotiations. There is clearly no requirement to have completed the negotiations by that time. 14/