Reviewing the Trade and Cooperation Agreement: potential paths
On Christmas Eve 2020 the UK and EU finally agreed a treaty to regulate their relationship post Brexit. The Trade and Cooperation Agreement was provisionally applied from 1 January 2021 and formally ratified in April.
Among its numerous provisions, the treaty contains Article 776 stating that, ‘The Parties shall jointly review the implementation of this Agreement and supplementing agreements and any matters related thereto five years after the entry into force of this Agreement and every five years thereafter.’
Within the UK at least, many are looking to this review to deliver significant changes to the relationship. This report examines those provisions within the TCA and reflects on what might or might not reasonably be achieved in the context of the review.
The report proposes three models which the review could follow: a technical check, acting on unfulfilled commitments, and widening the scope of the TCA.
A piece by the authors summarising the report’s findings can be found here.BACK TO ALL REPORTS