Timeline for Would it be illegal for the UK to negotiate a trade deal with the EU while still a member?
Current License: CC BY-SA 4.0
15 events
| when toggle format | what | by | license | comment | |
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| Jan 18, 2019 at 20:19 | comment | added | 52d6c6af | In 2018 the EU agreed to let the UK sign trade deals during the transition period ie. when we are a third country... | |
| Jan 18, 2019 at 20:12 | comment | added | armatita | @Ben There are no exceptions. The UK is currently in talks with many different nations in an attempt to secure trade deals post brexit. Any EU member could, in theory, be in talks right now to secure a deal (diplomatic incidents aside) with a 3rd party. It's not "illegal" to chat about a potential future deal. What an EU member cannot do is to negotiate (and when I say negotiate I mean actually execute the terms of deal) while within the EU (mostly meaning customs union) unless specifically approved by the EU. In fact I believe the EU even agreed on letting the UK sign deals last year. | |
| Jan 18, 2019 at 14:29 | comment | added | 52d6c6af | So even though member states negotiating in areas of delegated competency is forbidden, there is an exception for post-A50 members? I only want to clarify, because A50 only says "in accordance with TFEU218, which describes negotiation procedures. But I have not seen anything exempting a leaving state from the rules surrounding delegated competencies. Thank you for your help. | |
| Jan 18, 2019 at 14:22 | comment | added | armatita | @Ben The trade deal negotiation could, in theory, be occurring right now (again because A50 refers to TFEU218). The actual start of the trade deal with a 3rd party only after the UK becomes a 3rd party. Just to clarify one important point. You mentioned, perhaps by accident, an A50 process. There's really no such thing. The UK could have left little after it activated article 50. The 2 year negotiation is the maximum limit for a withdrawal negotiation before the UK crashes out (hard-break) from the EU. All of these talks are occurring to avoid an hard brexit, not because it's obligatory. | |
| Jan 18, 2019 at 14:19 | comment | added | 52d6c6af | A218 appears to be referenced to define the responsibilities and mechanism of negotiation. Elsewhere in the treaties presumably it states that delegated competencies (eg trade) cannot be negotiated by member states. Ergo negotiating a trade deal before leaving is illegal. | |
| Jan 18, 2019 at 14:14 | comment | added | 52d6c6af | OK I am confused again. A50's reference to A218 merely says "in accordance with". A218 says it only applies to 3rd countries. So, no trade deal negotiation before the UK leaves. Is this correct? Or did you mean that negotiation and signing is legal in this case because of the A50 reference to A218, but that the deal would not take effect until after leaving (obviously) and that in reality the EU has chosen a negotiating strategy that prevents negotiation from taking place. | |
| Jan 18, 2019 at 14:12 | comment | added | armatita | @Ben Why would it be? Any trade deal would only be active after the actual withdrawal. So first brexit (as in actual exit from the EU), than trade deal. | |
| Jan 18, 2019 at 14:04 | comment | added | 52d6c6af | Okay thank you. So this means that a trade deal (ie the future relationship) could legally be signed and negotiated during the A50 process. It is just that the EU refuses to do so. Thank you. And as far as I know, this is an exception to the rule that member states cannot have their own trade policy. | |
| Jan 18, 2019 at 14:03 | comment | added | armatita | @Ben It applies because Article 50 says it applies, specifically 50(2). | |
| Jan 18, 2019 at 14:01 | comment | added | 52d6c6af | Article 218 deals with 3rd countries and international organisations. The UK is not a 3rd country until March 29th, so it does not apply. My question is, put as simply as I can: is the negotiation or the signing the prohibited act when it comes to trade deals and member states? | |
| Jan 18, 2019 at 13:58 | comment | added | armatita | @Ben Starting a negotiation with a third party (in this case the UK) is made in accordance with article 218 of the TFEU. As so the Council needs to approve the start of those negotiations. What Abigail is saying is that the Council won't approve those negotiations until the the withdrawal is finished. That is to way the EU won't negotiate a trade deal separately from the withdrawal. So it's not prohibited, just not a good negotiating tactic. | |
| Jan 18, 2019 at 11:11 | vote | accept | 52d6c6af | ||
| Jan 18, 2019 at 11:10 | comment | added | 52d6c6af | Thank you. On the narrow point of the actual rule: is the signing or the negotiation prohibited? | |
| Jan 18, 2019 at 10:58 | comment | added | 52d6c6af | Thank you. So it is the signing of trade deals that is prohibited while a member? Negotiation can occur? | |
| Jan 18, 2019 at 10:49 | history | answered | user16642 | CC BY-SA 4.0 |