The European Commission has published a position paper, titled "Transitional Arrangements in the Withdrawal Agreement", which has been prepared by its Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom.
A transitional period was agreed in principle in December 2017. The stated aim of the position paper is to outline in legal terms how arrangements for the transition period following Brexit should be given effect in the eventual Withdrawal Agreement. Draft clauses for the Withdrawal Agreement relate to the duration of the transition period, the application of EU law to the UK during the transition, the extent to which the UK Parliament and the Bank of England can participate in the EU institutions and the extent to which the UK can participate in the EU's international activities or conclude its own international agreements.
The position paper also contains a draft clause giving jurisdiction to the European Court of Justice to rule on disputes during the transition period. A footnote to the draft clause calls for a mechanism to be put in place within the Withdrawal Agreement whereby the EU would be allowed to "suspend certain benefits deriving for the United Kingdom from participating in the internal market" in circumstances where the EU considers that the ECJ would not provide remedies within an appropriate timeframe.
The negotiations between the UK and EU will resume in March 2018.
View the position paper.
