1/ A quick, rough thread on what's in the Transition Guidelines, and what the text can mean. The PDF of the guidelines is here: consilium.europa.eu/media/32504/xt…
2/ "In particular, the provisions of the Citizens' rights part of the
withdrawal agreement should apply as from the end of the transition period" page 4. De facto #Brexit date for FoM is hence end 2020.
withdrawal agreement should apply as from the end of the transition period" page 4. De facto #Brexit date for FoM is hence end 2020.
3/ Para 13. "Notwithstanding paragraph 18 of these negotiating directives, the Union acquis should apply to and in the United Kingdom as if it were a Member State." Para 18 is about institutions, hence everything else applies.
4/ Para 13. (cont) "The United Kingdom should however no longer
be allowed to opt in to measures in this Area [Area
of Freedom, Security and Justice] other than those amending, replacing or building upon the above mentioned existing acts." No JHA cherry picking.
be allowed to opt in to measures in this Area [Area
of Freedom, Security and Justice] other than those amending, replacing or building upon the above mentioned existing acts." No JHA cherry picking.
5/ Para 14. "the direct effect and primacy of Union law should be preserved" A problem with regard to the Repeal Bill passing Parliament in the UK - that assures primacy of EU law in UK. UK better delay its repeal.
6/ Para 15. "During the transition period, and in line with the European Council guidelines of 29 April 2017, the United Kingdom should remain bound by the obligations stemming from the agreements concluded by the Union" - but nothing on rolling int agreements over
7/ Para 16. "any transitional arrangements require
the United Kingdom's continued participation in the Customs Union and the Single Market (with all four freedoms) during the transition" - Freedom of Movement until end of 2020
the United Kingdom's continued participation in the Customs Union and the Single Market (with all four freedoms) during the transition" - Freedom of Movement until end of 2020
8/ Para 16. cont "During the transition period, the United Kingdom may not become BOUND by international agreements entered into in its own capacity in the fields of competence of Union law, unless authorised to do so by the Union." (my emphasis)
9/ I see bound as the important word here - one presumes Liam Fox can still go around the world talking about trade, but no deals can actually be signed. (Not that anyone would want to deal with Fox, but you see my logic)
10/ Para 18. "the Withdrawal Agreement should therefore, during the transition period, preserve the full competences of the Union institutions (...), bodies, offices and agencies in relation to the United Kingdom and to United Kingdom natural or legal persons"
11/ This is really interesting - and see this too Competences of the Union towards legal persons... also EU citizenship provisions? Vote at 2019 EP elections for Brits in EU?
12/ Para 19. "During the transition period,
as a general rule, the UK will not attend meetings of committees (...) or Commission experts groups and other similar entities
or of the agencies, offices or bodies where Member States are
represented" Take that!
as a general rule, the UK will not attend meetings of committees (...) or Commission experts groups and other similar entities
or of the agencies, offices or bodies where Member States are
represented" Take that!
13/ Para 21. "Specific consultations should also be foreseen with regard to the fixing of fishing opportunities (total allowable catches) during the transition period, in full respect of the
Union acquis." Oh. On 🐟 we'll talk, not just tell you what to do!
Union acquis." Oh. On 🐟 we'll talk, not just tell you what to do!
14/ Para 22. "The transition period should apply as from the da
te of entry into force of the Withdrawal Agreement and should not last beyond 31 December 2020." There it is, in black and white.
te of entry into force of the Withdrawal Agreement and should not last beyond 31 December 2020." There it is, in black and white.
15/ To conclude: nothing especially unexpected, a very tiny bit of wriggle room in a couple of places. But what is a vassal state if not this? /ends
