Withdrawal Agreement Customs Union

Withdrawal Agreement Customs Union

Holders of protected geographical indications in the EU at the end of the transitional period have the right to use the uk geographical indication without verification and enjoy a “at least equivalent level of protection” as provided for by the existing EU scheme. However, this only applies “until a future agreement between the EU and the UK enters into force and enters into force. The withdrawal agreement negotiated between the EU and the UK and concluded on 14 November 2018 will be discussed in detail in this briefing. It was approved by the heads of state and government of EU Member States at an extraordinary European Council on 25 November, and the British Prime Minister did so in the British Parliament and across the country. The agreement has been the subject of in-depth discussions in Parliament on several occasions and has been adopted three times. But the House of Commons did not accept it. A second extension of Article 50 lasted until 31 October 2019, but once again the UK faces the possibility of leaving the EU without a deal if the agreement or any other agreement is not ratified by the UK and the EU. Neither the agreement nor the political declaration gives any indication of the future relationship in terms of choice of law, freedom of decision and recognition and enforcement of judgments. The UK has already hinted that it hopes to agree on a large-scale agreement, broadly in line with the current position. The political statement refers to the autonomy of regulation and decision-making of each bloc and its ability to make equivalency decisions in its own interest. From a British point of view, the latter reference to autonomy is less welcome when it comes to achieving considerable market access in equivalence.

If one does not read about the objective of going beyond WTO obligations, there is no explicit reference to an extension of equivalence beyond the existing patch work. In this context, Steven Maijoor, President of the European Financial Markets Authority (ESMA), has already called for a comprehensive and harmonised European regime for trading platforms in third countries.


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