Why Do We Need A Withdrawal Agreement

The UK has launched the formal process of withdrawal negotiations by formally announcing the European Council`s intention to leave the EU. In the withdrawal agreement with the EU, Northern Ireland is still in the UK, but it must comply with elements of the EU customs code. On 6 September 2020, the Financial Times reported that the UK government was considering drafting new laws to circumvent the protocol of the Northern Ireland Withdrawal Agreement. [45] The new law would give ministers the power to determine which state aid should be notified to the EU and to define which products at risk of being transferred from Northern Ireland to Ireland (the withdrawal agreement stipulates that in the absence of a reciprocal agreement, all products are considered vulnerable). [47] The government defended this approach and stated that the legislation was in accordance with protocol and that it had only “clarified” the volumity in the protocol. [48] Ursula von der Leyen warned Johnson not to violate international law and said that the implementation of the withdrawal agreement by Britain was a “precondition for any future partnership”. [49] On 8 September, the Minister of Foreign Affairs for Northern Ireland, Brandon Lewis, told the British Parliament that the government`s internal market bill would “violate international law”.” [50] The withdrawal agreement provides for a transitional period until 31 December 2020, during which time the United Kingdom will remain in the internal market to ensure the flow of trade until a long-term relationship is concluded. If no agreement is reached by then, the UK will leave the single market without a trade deal on 1 January 2021. The withdrawal agreement is closely linked to a non-binding political declaration on future relations between the EU and the UK. UK nationals and EU citizens, family members of the United Kingdom or EU citizens and family members who are not from these two countries retain the right to stay in the host Member State (Article 13). The host Member State must not restrict or prevent persons from obtaining, retaining or losing the right of residence (Article 13). Persons with valid documents [necessary clarification] will not need an entry and exit visa or identical formalities and would not be allowed to enter or enter the host state without complications (Article 14). In the event that the host state “requires an entry visa for family members who join EU citizens or UK nationals after the end of the transitional period,” the host state is required to issue the visas required free of charge through an expedited procedure in appropriate institutions (Article 14).

The agreement also covers the issuance of indeterminate residence permits during and after the transition period, as well as their restrictions. In addition, the rights of salaried and self-employed workers will be clarified and recognition and identification of professional qualifications will be made possible. The internal market law is expected to be published on Wednesday and will contain elements intended to “eliminate the legal force of certain parts of the withdrawal agreement.”