Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Energy Community

Part 1 - Preamble and Provisions

Article 1 - Objective

This Agreement sets out the arrangements for the withdrawal of the United Kingdom of Great Britain and Northern Ireland ("United Kingdom") from the European Union (“Union”) and from the European Atomic Energy Community (“Euratom”), with recognition of the aim of both parties to achieve further agreement on the ongoing relationship between both parties.

Article 2 - General Definitions

  1. “Union citizen” means any person holding the nationality of a Union Member State.
  2. "United Kingdom citizen" means a national of the United Kingdom, as defined in the New Declaration by the Government of the United Kingdom of Great Britain and Northern Ireland of 31 December 1982 on the definition of the term ‘nationals’.
  3. “TFEU” shall refer to the Treaty on the Functioning of the European Union (2007) or Treaty of Rome.
  4. “TEU” shall refer to the Treaty on European Union (2007)
  5. “Article 50 period” shall refer to the period between the United Kingdom’s invocation of  Article 50 TFEU and the United Kingdom leaving the Union.
  6. “Great Britain” means England, Scotland and Wales and their adjacent territorial sea.

Article 3 - Territorial Scope

  1. Unless alternative provision in this agreement, or United Kingdom law is made applicable, any reference to the Territory of the United Kingdom shall refer to:
  1. The United Kingdom.
  2. Gibraltar, the Channel Islands and the Isle of Man to the extent that Union law was applicable to them before the date of entry into force of this Agreement.
  3. the Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus to the extent necessary to ensure the implementation of the arrangements set out in the Protocol on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus.
  4. the overseas countries and territories listed in Annex II to the TFEU having special relations with the United Kingdom wherein provisions of this treaty relate to the special arrangements for the association of the overseas countries and territories with the Union.
  1. Unless alternative provision in this agreement, or Union law is made applicable, any reference to the Territory of the European Union shall refer to territories of the Member States as provided in Article 355 TFEU.

Part 2 - Citizens Rights

Article 4 - Definitions

  1. ‘Family members’ means family members of Union citizens or United Kingdom nationals as defined in point of Article 2 of Directive 2004/38/EC of the European Parliament and of the Council.
  2. ‘Host State’ means the member state United Kingdom citizens exercised their right to residency, or the United Kingdom in respect to Union citizens. c) ‘Frontier Worker’ means a worker involved in employment requiring regular movement between the Union and the United Kingdom as a part of their duties in that employment.

Article 5 - Residency

  1. Union citizens and family members that exercised their rights to reside in the United Kingdom before the end of the Article 50 period, or any transition period ratified, shall retain their right of residence in the host state providing they continue to reside in the host state thereafter.
  2. United Kingdom citizens and family members that exercised their rights to reside in the Union before the end of the Article 50 period, or any transition period ratified, shall retain their right of residence in the host state providing they continue to reside in the host state thereafter.
  3. Host states, in accordance with their national legislation, will facilitate the entry and residence of family members after the end of the Article 50 period.
  4. Union citizens, United Kingdom nationals, and their respective family members, who have resided legally in accordance with Union law for a continuous period of five years or for the duration specified in Article 17 of Directive 2004/38/EC, in the host state shall have the right to reside permanently in the host State.
  5. Once acquired, the right of permanent residence shall be lost only through absence from the host State for a period exceeding five consecutive years.

Article 6 - Residence Documents

  1. During the Article 50 period, a host State may allow applications for a residence status or residence document to come into force at the end of this period.
  2. The host State may require Union citizens or United Kingdom nationals, their respective  family members and other persons residing in its territory, to apply for a new residence status and a document evidencing such status which may be in a digital form.
  3. Application for residence status shall be made available before the end of the Article 50 period and shall be made accessible to all who wish to apply  
  4. In order to obtain status under the Withdrawal Agreement by application, those already holding a permanent residence document issued under Union law at the specified date will have that document converted into the new document free of charge, subject only to verification of identity, a criminality and security check and confirmation of ongoing residence; e)
  5. Systematic criminality and security checks can – in the specific context of acquiring status under the Withdrawal Agreement – be carried out on all applicants for status under the Agreement and applicants can be asked to declare criminality.
  6. Checks carried out under Article 6 (e) cannot be used for means of the deportation or deprivation of other rights of either United Kingdom or Union Citizens in instances of criminality except wherein the relevant authority believes failure to do so would create a clear and present danger to public safety.
  1.  Exercise of such powers cannot be to an extent greater than that applicable in law to a domestic citizen.

Article 7 - Restrictions of Rights of Residence

  1. Conduct of Union citizens or United Kingdom nationals, their family members or other persons, exercising rights under this Title, that occurred after the end of the Transition Period may constitute grounds for restricting the right of residence by the host State or the right of entry in the State of work in accordance with national legislation.
  2. Union citizens shall have the same rights as a United Kingdom national to move non-Union spouses and relatives into the United Kingdom.
  3. The host State or the State of work may adopt the necessary measures to refuse, terminate or withdraw any right conferred by this Title in the case of abuse of those rights or fraud as set out in Article 35 of Directive 2004/38/EC.

Article 8 - Rights of Workers

  1. Workers in host states,who emigrated before the end of the Article 50 period or any transition period ratified, will continue to have the rights of;
  1. the right not to be discriminated against on grounds of nationality as regards employment, remuneration and other conditions of work and employment;
  2. the right to take up and pursue an activity in accordance with the rules applicable to the nationals of the host State or the State of work;
  3. the right to assistance afforded by the employment offices of the host State or the State of work as offered to own nationals;
  4. the right to equal treatment in respect of conditions of employment and work, in particular as regards remuneration, dismissal and in case of unemployment, reinstatement or re-employment; 
  5. collective rights;
  1. the rights and benefits accorded to national workers in matters of housing; 2)
  2. the right for their children to be admitted to the general educational, apprenticeship and
  3. vocational training courses under the same conditions as the nationals of the host State or the State of work, if such children are residing in the territory the worker works in, 4)
  4. the right not to be discriminated against on grounds of nationality as regards employment, remuneration and other conditions of work and employment;
  1. Citizens migrated before the end of the Article 50 period, or any transition period ratified, retain the right to take up and pursue activities as self-employed persons and to set up and manage undertakings under the conditions laid down by the host State for its own nationals.
  2. The State of work may require Union citizens and United Kingdom nationals who have rights as frontier workers under this Title to apply for a document certifying that they have such rights under this Title. Such Union citizens and United Kingdom nationals shall have the right to be issued with such a document.

Article 9 - Coordination of Social Security Systems

  1. This article shall apply to Union citizens living in the United Kingdom and their families, and United Kingdom Citizens living in the EU and their families.
  2. These persons shall be covered for as long as they continue without interruption to be in one of the situations set out in paragraph a involving both a Member State and the United Kingdom at the same time.
  3. The rules and objectives set out in Article 48 TFEU, Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009, shall apply to the persons covered by this Article.
  4. After the grant of a pension or benefit based on a period of insurance, employment, self-employment or residence the the United Kingdom is competent for the sickness benefits of a person residing in a Member State and vice versa.  
  5. People who meet the requirements for this Article shall enjoy the rights for their lifetime, unless they no longer meet the requirements.

Article 10 - Enforcement Mechanisms

  1. There is hereby a First Instance Disputes Tribunal and a Disputes Appeals Tribunal.  
  2. There is hereby a Tribunal Appointments Commission.
  3. The Tribunals may regulate their own procedures, subject to this Agreement.
  4. Each of the Tribunals is to consist of six members, of which three are to be recommended by the United Kingdom and three are to be recommended by the European Union. These candidates will be appointed by the Tribunal Appointments Commission on recommendation of the appointing party. The appointments are to be made in accordance with the laws of the appointing party.
  5. The Commission is to consist of four members, of which two are to be appointed by the United Kingdom and two are to be appointed by the European Union. These people will be appointed to the Commission by the appointing party.  
  6. A person appointed a member of a Tribunal—
  1. will serve for a period of three years,
  2. must have such qualifications as appear to the Appointments Commission to qualify the person to be so appointed,
  3. may not, during the term of their appointment, be appointed a member of the other Tribunal,
  4. may be recommended for appointment more than once.
  1. A person appointed a member of the Commission—
  1. must have such qualifications as appear to the appointing parties to qualify the person to be appointed,
  2. serves at the pleasure of the appointing party,
  3. may not, during the term of their appointment, be appointed a member of the Tribunals.  
  1. Each of the Tribunals is to elect from among its members a person who is to serve, for a period of two years, as the President of that Tribunal, and the President is to chair the meetings of the Tribunal.  
  1. The members of the Tribunals are, in respect of each claim submitted to the Tribunal of which they are a member, to be paid a fee determined jointly by the parties to this Agreement.

Article 11 - The First Instance Disputes Tribunal

  1. The First Instance Disputes Tribunal is to hear and decide all claims submitted under or pursuant to any article of this Agreement and, accordingly, may give such directions as it considers necessary or appropriate to give effect to its decision.
  2. The decisions and directions under Article 11(a) are binding on both parties to this Agreement.

Article 12 - The Disputes Appeals Tribunal

  1. The Disputes Appeals Tribunal is to review the decisions of the First Instance Disputes Tribunal.
  2. The Disputes Appeals Tribunal may uphold, modify, or reverse a decision or direction of the First Instance Disputes Tribunal on the basis of—
  1. errors in the application or interpretation of this Agreement;
  2. errors in the appreciation of the facts.
  1. A decision or direction that is modified by the Disputes Appeals Tribunal has effect as if it had originally been made or given as so modified.

Article 13 - The Tribunal Appointments Commission

  1.  The Commission is to vet and consider recommendations made by either parties to this Agreement and to appoint said recommendations to the Tribunal if they so deem it appropriate to do so.

Part 3 - Implementation Period

Article 14 - Definitions and Extent

  1. An Implementation Period from the 30 of January 2019 to the 31 December 2020 shall come into effect.
  1. This Implementation Period can be brought to an end at an earlier with the consent of the United Kingdom and European Union. 
  2. If during the implementation period agreements are reached between the EU and the United Kingdom individual chapters of this agreement can cease to apply.

Article 15 - Effect on Customs and Regulatory Structure

  1. During the Implementation Period, the United Kingdom will maintain full alignment with the Single Market in all areas pertaining to cross border trade and services.
  2. During the Transition Period, the United Kingdom will apply the Common External Tariff of the European Union Customs Union and maintain compliance with the Regional Convention on pan-Euro-Mediterranean preferential rules of origin.
  3. Council Directive 2006/112/EC shall apply in respect of goods dispatched or transported from the territory of the United Kingdom to the territory of a Member State, or vice versa, provided that the dispatch or transport started before the end of the Implementation Period and ended thereafter.

Article 16 - Legality of Goods

  1. Any good or service that was lawfully placed on the Union market or the United Kingdom's market before the withdrawal of the United Kingdom from the European Union may:
  1. be further made available on the market of the Union or of the United Kingdom and circulate between these two markets until it reaches its end-user;
  2. where provided in the applicable provisions of Union law, be put into service in the Union or in the United Kingdom.
  1. Such provision shall continue to apply beyond the end of the Implementation Period until such time that the domestic regulatory environment of the Union or the United Kingdom makes such continued placement incompatible, as determined by the Union for goods or services placed on to the Union market, or the United Kingdom market as determined by the United Kingdom .
  2. Proof of such placement shall be made by the economic operator responsible for the placing of such good onto the relevant market.

Article 17 - Accessibility of Files, Information and Surveillance

  1. The market surveillance authorities of the Member States and the United Kingdom will exchange promptly any relevant information with regards to goods under Article 16 upon request.
  2. Upon request from either the Member States or the United Kingdom, the European Medicines Agency or Medicines and Healthcare Products Regulatory Agency shall make available the marketing authorisation dossier of any medicinal product placed on market within the Union or United Kingdom during the extent of the Implementation Period.

Article 18 - Licensing Recognition

  1. During the Transition Period, mutual recognition shall continue to apply to all licensing between the Union and the United Kingdom
  2. Licenses issued by either party shall continue to apply beyond the end of the Implementation Period except wherein the licensed product is found to have falsely declared compliance to relevant regulatory standards or other measures.

Article 18 - Intellectual Property

  1.  The holder of the following intellectual property rights which have been registered or granted before the end of the Implementation Period shall, without any re-examination, become the holder of a comparable registered and enforceable intellectual property right in either the Union or the United Kingdom, as provided for by relevant legal statute:
  1. the holder of a European Union trade mark registered in accordance with Regulation (EU) 2017/1001.
  2. the holder of a Community design registered and where applicable published following deferral of publication in accordance with Council Regulation (EC) No 6/200228.
  3. the holder of a Community plant variety right granted pursuant to Council Regulation (EC) No 2100/9429.

Article 19 - Judicial Procedures

  1. Prior to the end of the Implementation Period, the Court of Justice of the European Union shall continue to have full jurisdiction over proceedings pertaining to matters of Union law within the United Kingdom, or proceedings brought forward by the United Kingdom on such matters within its competence as set out during the United Kingdom’s membership of the European Union.
  2. Prior to the end of the Implementation Period, the Court of Justice of the European Union shall continue to have jurisdiction to provide preliminary rulings on request of the courts and tribunals in the United Kingdom.
  3. Where in either party to this Agreement considers the other to have failed to fulfil an obligation under this Agreement, the Court of Justice of the European Union shall have jurisdiction to give preliminary rulings on such matters, and may rule on such matters on the agreement of both the United Kingdom and the European Commision.

Article 20 - Euratom

  1. During the transition period the United Kingdom will remain a member of Euratom .

Article 21 - European Common Aviation Area

  1. During the transition period the United Kingdom will remain a member of the European Common Aviation Area.

Part 4 - Protocol on Ireland/Northern Ireland

Article 22 - General

  1. This Protocol is without prejudice to the provisions of the 1998 Agreement regarding the constitutional status of Northern Ireland and the principle of consent, which provides that any change in that status can only be made with the consent of a majority of its people.
  1. “1998 Agreement” means the Multi-Party Agreement and the British-Irish Agreement signed at Belfast on 10th April 1998.
  1. This Protocol respects the essential State functions and territorial integrity of the United Kingdom.
  2. This Protocol sets out arrangements necessary to address the unique circumstances on the island of Ireland, maintain the necessary conditions for continued North-South cooperation, avoid a hard border and protect the 1998 Agreement in all its dimensions.
  3. The objective of the Withdrawal Agreement is to establish a permanent relationship between the Union and the United Kingdom. The provisions of this Protocol are therefore intended to apply unless and until they are superseded, in whole or in part, by a subsequent agreement.
  4. The United Kingdom may at any time before 31 December 2020 request an extension to the transition period if a future Union and United Kingdom trade agreement has not been reached.
  5. During the transition period the border shall operate as set out in the relevant part of this agreement, and pursuant provisions of this part shall not enter into force during that period.

Article 23 - Transitional Single Customs Territory

  1. Until the entry into force of the full island of Ireland trade regime as recognised by both parties, a single customs territory between the Union and the United Kingdom shall be established ("the single customs territory"). Accordingly, Northern Ireland is in the same customs territory as Great Britain for the period of transition.
  2. During the extent of this single customs territory, for purposes of Customs Clearance, both parties shall recognise clearance issued by the other for goods applicable to this agreement, and shall not require further such clearance for transit of goods between the parties.
  3. This agreement applies to the following areas;
  1. The customs territory of the Union defined in Article 4 of Regulation (EU) No 952/2013;
  2. The customs territory of the United Kingdom.
  1. Nothing in this agreement shall prevent the United Kingdom from ensuring unfettered market access for goods moving from Northern Ireland to the rest of the United Kingdom’s internal market or as an extension of the Union’s Common Commercial Policy to restrict the ability of the United Kingdom to prepare other trade agreements with non Union nations to enter into force upon the termination of the single Customs Territory.
  2. Subject to the conditions laid down in Article 21 of the Protocol, this single Customs Territory shall apply to all goods:
  1. produced in the Union or the United Kingdom, including those wholly or partially obtained or produced from products coming from third countries which are in free circulation in either territory
  2. coming from third countries and in free circulation in the Union or the United Kingdom;
  3. obtained or produced in the Union or the United Kingdom, in the manufacture of which products coming from third countries and not in free circulation either in Union or the United Kingdom were used, under the condition that the import formalities have been complied with and any customs duties or charges having an equivalent effect which are payable on those goods or on the third-country products used in their manufacture have been levied in the exporting part of the single customs territory or the United Kingdom, whichever applies .
  1. For the purposes of customs, the term "wholly obtained" in point (a)(i) shall have the same meaning in the United Kingdom customs territory as it does in the customs territory of the Union.
  2. This article shall apply until the end of the transitional period.

Article 24 - The Establishment of an Island of Ireland Trade Facilitation Body

  1. There shall exist a board entitled the Island of Ireland Trade Facilitation Body (TFB), with purpose to coordinate enforcement of trade, customs and regulatory policy between the United Kingdom and the Republic of Ireland.
  2. The TFB shall create an Authorised Economic Operator scheme, to which membership shall be mandatory within the law of both the Republic of Ireland and the United Kingdom for all businesses engaged in trade across the border between the Republic of Ireland and the United Kingdom.
  3. A regime of information sharing shall exist between the domestic authorities of the Republic of Ireland and the Union at large and the United Kingdom with intent to furnish the TFB with information of relevance pertaining to the businesses and economic activity occurring across the border upon the Island of Ireland.
  4. The TFB may request the relevant domestic authorities of the Republic of Ireland and the United Kingdom to collect information on their behalf on such information outlined in section (c), and including but not limited to-
  1. The number of employees employed by a given business operating across the border.
  2. Goods imported across the border as a total or individual business figure.
  3. Goods exported across the border as a total or individual business figure.
  4. Value of all import and export duties between the European Union Customs Union and the United Kingdom owed by a given business.
  1. The TFB shall have the ability to request an investigation to be undertaken by the relevant domestic authorities of the Republic of Ireland and the United Kingdom wherein the board reasonably believes the import law of either the Union or the United Kingdom has been violated or is at risk of violation by an individual or business.
  2. The TFB shall have the power to require a customs audit of any business within its jurisdictional extent, either on a yearly routine level or in response to suspected infraction.

Article 25 - Ireland-Northern Ireland trading regime  

  1. The TFB shall utilise the Authorised Economic Operator scheme set out in the previous section to assist with the domestic enforcement of customs and trade regulation.
  2. The TFB shall be authorised to request the construction of customs facilities for the purposes of enforcement of customs and trade.
  1. Such facilities will not be constructed at or in the immediate proximity to the border, instead placed a considerable distance away, with due consideration given to the sensitivity of border infrastructure upon the island of Ireland.
  2. Upon the approval of a shipment that has reported to such customs facilities within the Union, the goods within that shipment shall be considered to have entered the United Kingdom for customs purposes, even when those goods remain extraterritorial to the destination country.
  3. In recognition of the Union’s concerns regarding customs outsourcing, goods shall not be considered to have entered the Union from the United Kingdom for customs purposes until they have reported to customs facility within the Union, with those goods remaining within the United Kingdom for customs purposes prior to that point, including upon entering the geographic territory of Ireland.
  1. Any business placed upon the Authorised Economic Operator scheme shall be required to-
  1. Declare all vehicles used in the transit of goods across the border upon the Island of Ireland, and to submit those vehicles for the installation of tracking devices.
  2. Either make declaration electronically of goods passing across the Irish Border or present those goods at a TFB or domestic authority customs facility.
  1. The TFB shall create criteria to specify small and medium sized businesses who will be exempt from declarations each time goods are placed in transit but must declare ongoing intent to transit goods.
  1. The TFB shall operate a single window system with intent to streamline all regulatory and customs declarations for businesses operating within the Authorised Economic Operator framework.
  2. Wherein the TFB and the relevant domestic authorities of Ireland and the United Kingdom take action to enforce trade policy, they shall consider the political sensitivities of the Border upon the island of Ireland, pursuant to the Northern Irish troubles, and therefore recognise the need for minimal border infrastructure on the island of Ireland between the United Kingdom, and Republic of Ireland.
  1. Pursuant to Section (e), no significant infrastructure of an extent greater than that already present shall be placed at the Irish Border for purposes of trade control, facilitation or remedy except wherein it is agreed by both parties that such infrastructure does not pose a credible risk to peace on the Island of Ireland.
  1. For businesses with less than 250 employees  there shall be an exemption of all import and export duties between the European Union Customs Union and the United Kingdom.
  1. This will remain the case with or without a broader UK-EU free trade agreement.
  1. These businesses will have to apply for a ‘Cross Border Trade Exemption’ from Island of Ireland Trade Facilitation Body.
  1. It must be possible to apply for one for a period of at least 6 months before the transition period ends.
  1. Goods with a ‘Cross Border Trade Exemption’ only apply within the Island of Ireland, if moved to Great Britain or the Union the standard rate of import duty between the United Kingdom and the Union applies.
  2. Such goods would have to pass through a customs facility, in the country of origin, specified in this article to be eligible for waived duties.  

Article 26 - Establishment of a Cooperation Committee

  1. The Committee on issues related to the implementation of the Protocol on Ireland/Northern Ireland (“Cooperation Committee”) is hereby established.
  2. The Cooperation Committee shall;
  1. facilitate the implementation and application of this Protocol;
  2. examine proposals concerning the implementation and application of this Protocol from the North-South Ministerial Council and North-South Implementation bodies set up under the 1998 Agreement;
  3. consider any matter of relevance to Article x[rights of individuals] of this Protocol brought to its attention by the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland, and the Joint Committee of representatives of the Human Rights Commissions of Northern Ireland and Ireland; and
  4. discuss any point raised by the Union or the United Kingdom that is of relevance to this Protocol and gives rise to a difficulty.
  1. The cooperation committee shall be composed of representatives of the Union and the United Kingdom and shall carry out its functions under the supervision of the Specialised Committee, to which it shall report. The cooperation committee shall have no power to take binding decisions other than that referred to in paragraph g.
  2. Within the working group:
  1. the Union and the United Kingdom shall, in a timely manner, exchange information about planned, ongoing and final relevant implementation measures in relation to the relevant Union acts;
  2. the Union shall inform the United Kingdom about planned Union acts within the scope of this Protocol, including those amending or replacing the Union acts in force on the day before activation of this protocol;
  3. the Union shall provide to the United Kingdom all information the Union considers relevant to allow the United Kingdom to fully comply with its obligations under the Protocol; and
  4. the United Kingdom shall provide to the Union all information that Member States provide to one another or the Union institutions, bodies, offices or agencies pursuant to the relevant Union acts.
  1. The cooperation committee shall be co-chaired by the Union and the United Kingdom.
  2. The cooperation committee shall meet at least once a month, unless otherwise decided by the Union and the United Kingdom by mutual consent. Where necessary, information referred to in points (iii) and (iv) of paragraph d can be exchanged between meetings.
  3. The cooperation committee shall adopt its own rules of procedure by mutual consent.
  4. The Union shall ensure that all views expressed and information (including technical and scientific data) provided by the United Kingdom in the cooperation committee are communicated to the relevant Union institutions, bodies, offices and agencies without undue delay.

Article 27 - Rights of Individuals

  1. Both Ireland and the United Kingdom shall ensure that no diminution of rights, safeguards and equality of opportunity as set out in that part of the 1998 Agreement entitled Rights, Safeguards and Equality of Opportunity results from its withdrawal from the Union.
  2. Both the Ireland and the United Kingdom shall continue to facilitate the related work of the institutions and bodies set up pursuant to the 1998 Agreement, including the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland and the Joint Committee of representatives of the Human Rights Commissions of Northern Ireland and Ireland, in upholding human rights and equality standards.

Article 28 - Common Travel Area

  1. The United Kingdom and Ireland may continue to make arrangements between themselves relating to the movement of persons between their territories (the "Common Travel Area"), while fully respecting the rights of natural persons conferred by Union law.
  2. The United Kingdom shall ensure that the Common Travel Area and the associated rights and privileges can continue to apply without affecting the obligations of Ireland under Union law, in particular with respect to free movement for Union citizens and their family members, irrespective of their nationality, to, from and within Ireland.

Article 29 - Single Electricity Market

a) The provisions of Union law required to ensure the continuing operation of the all-Ireland single electricity market shall continue to apply to and in the United Kingdom in a EEA style consultation process.

Article 30 - Island of Ireland Sanitary and Phytosanitary Area

a) The provisions of Union law relating to agriculture and the environment required to ensure the continuing operation of the all-Ireland sanitary and phsycosanitary checks regime shall continue to apply to and in the United Kingdom in a EEA style consultation process.

Article 31 - Termination

  1. This section of the agreement may only be terminated by mutual agreement by the United Kingdom and the Union.

Part 5 - Protocol on Gibraltar

Article 32 - Future Relationship

  1. This agreement, and any future agreement between the Union and the United Kingdom, shall not apply to Gibraltar insofar as they govern the future relationship, except where, 
  1. Agreement to the contrary is agreed between the United Kingdom and the Kingdom of Spain,
  2. That this agreement is approved, in whole, by the Union, and,
  3. The bilateral agreement between the United Kingdom and the Kingdom of Spain is reproduced verbatim in the agreement between the United Kingdom and the Union.
  1. This Article is without prejudice to the internal constitutional arrangements of the United

Kingdom and its dependent territories, and the Union, including any of its member states and their dependent territories.

Part 6 - Protocol on Akrotiri and Dhekelia

Article 33 - Future Relationship

  1. The Sovereign Base Areas, taking into account the Treaty of Establishment, shall be part of the customs territory of the Union. For this purpose, the provisions of Union law on customs and the common commercial policy, including provisions of Union law providing for customs control of specific goods or for specific purposes, shall apply to and in the Sovereign Base Areas.
  2. Goods produced by producers in the Sovereign Base Areas and placed on the market in the customs territory of the Union shall be considered to be goods in free circulation.
  3. All goods intended for use in the Sovereign Base Areas shall enter the island of Cyprus through the civilian airports and seaports of the Republic of Cyprus, and all customs formalities,customs controls and collection of import duties related to them shall be carried out by the authorities of the Republic of Cyprus.
  4. All goods intended for export shall exit the island of Cyprus through the civilian airports and seaports of the Republic of Cyprus and all customs export formalities and customs controls related to them shall be carried out by the authorities of the Republic of Cyprus.
  5. By way of derogation from paragraphs c and d, and with the sole purpose of supporting the operation of the Sovereign Base Areas as military bases, having regard to the Treaty of Establishment, the following provisions shall apply;
  1. goods imported or exported for official or military purposes;
  2. goods imported or exported in personal baggage, exclusively for their personal use, by or on behalf of United Kingdom personnel, as well as by other persons travelling on defence or official business.
  1. parcels which are sent or received by United Kingdom personnel or their dependants and transported by the British Forces Post Office may enter or leave the island of Cyprus through a port or airport in the Sovereign Base Areas under the following conditions:
  1. incoming parcels addressed to United Kingdom personnel or their dependants shall be transported in a sealed container and conveyed following their arrival to a customs post in the Republic of Cyprus so that the completion of customs formalities, controls and the collection of import duties related to those products can be carried out by the authorities of the Republic of Cyprus;
  2. outgoing parcels sent by United Kingdom personnel or their dependants shall be subject to customs control by the authorities of the Sovereign Base Areas.
  1. Articles 34, 35 and 36 TFEU and other provisions of Union law on goods, in particular measures adopted pursuant to Article 114 TFEU, shall apply to and in the Sovereign Base Areas.
  2. Goods arriving from the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control shall cross the line between those areas and the Eastern Sovereign Base Area in accordance with Regulation (EC) No 866/2004.
  3. The provisions of Union law on turnover taxes, excise duties and other forms of indirect taxation adopted pursuant to Article 113 TFEU shall apply to and in the Sovereign Base Areas.
  4. Transactions originating in or intended for the Sovereign Base Areas shall be treated as transactions originating in or intended for the Republic of Cyprus for the purposes of value added tax (VAT), excise duties and other forms of indirect taxation.
  5. Goods or services received, acquired or imported for use by the armed forces of the United Kingdom or the civilian staff accompanying them, or for supplying their messes or canteens, shall be exempted from customs duties, VAT and excise duties, provided that the persons concerned are eligible for such exemptions in accordance with the Treaty of Establishment. For this purpose, the United Kingdom shall issue exemption certificates upon approval by the Republic of Cyprus.
  6. Any duties that may be collected by the United Kingdom authorities in the Sovereign Base Areas as a result of sale of the goods referred to in paragraph k shall be remitted to the authorities of the Republic of Cyprus.
  7. The provisions of Union law on agriculture and fisheries in Title III of Part Three TFEU and acts adopted pursuant to those provisions, as well as the veterinary and phytosanitary rules adopted in particular pursuant to point (b) of Article 168(4) TFEU, shall apply to and in the Sovereign Base Areas

Article 34 - Travel Arrangements

  1. The United Kingdom shall carry out checks on persons crossing the external borders of the Sovereign Base Areas. Those checks shall include the verification of travel documents. All persons shall undergo at least one such check in order to establish their identity. The United Kingdom shall only allow the external borders of the Sovereign Base Areas to be crossed at crossing points.
  2. Nationals of third countries and nationals of the United Kingdom shall only be permitted to cross the external borders of the Sovereign Base Areas if they fulfil the following conditions;
  1. they possess a valid travel document;
  2. they are in possession of a valid visa for the Republic of Cyprus, if required;
  3. they are engaged in a defence-related activity or are family members of a person who is engaged in such activity; and,
  4. they are not a threat to national security.
  1. Any applicant for asylum who first entered the island of Cyprus from outside the Union by one of the Sovereign Base Areas shall be taken back or readmitted to the Sovereign Base Areas at the request of the Member State in whose territory the applicant is present.
  2. The boundary between the Eastern Sovereign Base Area and those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control shall be treated as part of the external borders of the Sovereign Base Areas for the purposes of this Article. That boundary may only be crossed at the crossing points of Strovilia and Pergamos. With the prior agreement of and in cooperation with the United Kingdom authorities, the Republic of Cyprus may take further measures to combat illegal migration with respect to persons who have crossed that boundary.
  3. The United Kingdom authorities shall use mobile units to carry out external border surveillance between border crossing points and at crossing points outside of normal opening hours at the external borders of the Sovereign Base Areas and at the boundary between the Sovereign Base Area of Dhekelia and those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control. That surveillance shall be carried out in such a way as to discourage persons from circumventing the checks at crossing points. The United Kingdom authorities shall deploy enough suitably qualified officers to carry out those checks and surveillance.

Article 35 - Legal Jurisdiction

  1. In respect of the Sovereign Base Areas and in relation to natural and legal persons residing or established in the territory of those Areas, the institutions, bodies, offices and agencies of the Union shall have the powers conferred upon them by Union law in relation to this Protocol and provisions of Union law made applicable by it. In particular, the Court of Justice of the European Union shall have jurisdiction as provided for in the Treaties in this respect.
  2. Acts of the institutions, bodies, offices and agencies adopted in accordance with paragraph a shall produce the same legal effects with regard to and in the Sovereign Base Areas as those which they produce within the Union and its Member States.
  3. The United Kingdom shall retain the exclusive right to implement and enforce this Protocol in respect of its own authorities or on any immovable property owned or occupied by the Ministry of Defence of the United Kingdom, as well as any coercive enforcement power requiring the power to enter a dwelling house or a power of arrest.

Part 7 - Financial Settlement

Article 36 - The 2013 to 2020 Budget Cycle

  1. The United Kingdom commits to contribute to the Union’s budget at the level agreed for the 2013 to 2020 Budget Cycle after the United Kingdom leaves the Union until the conclusion of the said budget cycle.
  2. The Union commits to funding projects within the United Kingdom at the level agreed for the 2013 to 2020 Budget Cycle after the United Kingdom leaves the Union until the conclusion of the said budget cycle.

Article 37 - Budgetary Commitments post-2020

  1. The Union agrees that the United Kingdom shall have no responsibility to fund long term projects within the Union commenced in the previous budgetary cycles from the 1st of January 2021 onwards.
  2. The Union shall cease funding long term projects located wholly within the United Kingdom commenced in previous budgetary cycles from the 1st of January 2021 onwards.
  1. Long term projects located partially within the United Kingdom shall see their funding from the Union proportionally decrease from the 1st of January 2021 onwards.
  2. The Union reserves the right to move long term projects currently located within the United Kingdom to another member state prior to the 1st of January 2021.

Article 38 - Salaries and Pensions of Union Staff

  1. In recognition that the United Kingdom currently provides 13.45% of the Union Budget, the United Kingdom shall fund 13.45% of the salaries and pensions of all staff employed by the Union prior to, or on, the 31st of December 2020, to be made payable upon the completion of a comprehensive Free Trade Agreement between the Union and the United Kingdom.
  2. In relation to pensions, the United Kingdom’s financial responsibility extends to the decease of the employee.
  3. In relation to salaries, the United Kingdom’s financial responsibility extends until the end of the Union’s 2021/2028 budgetary cycle or until the departure of the employee from their current position within the Union’s workforce.
  1. Should the employee resume the employment of the Union in the future the United Kingdom shall have no financial responsibility in relation to the employees salary.
  2. The United Kingdom’s financial responsibility regarding pensions established by Article 13(a) is not affected by any breaks in employment of Union staff.

Article 39 - Remaining Liabilities

  1. The Union shall be liable to the United Kingdom for its share of the Union’s investment in the paid in capital of the European Investment Fund.
  2. The Union shall be liable to the United Kingdom for its share of the liquidated assets of the European Coal and Steel Community in liquidation on the 31st of December 2020.
  3. Liabilities in section a and b shall be reimbursed to the United Kingdom in 7 equal annual installments on the 30th of June each year.

Part 8 - Ongoing Security and Foreign Affairs Partnership

Article 40- Ongoing Cooperation

  1. The Union and the United Kingdom commit to an ongoing principle of cooperation where possible on issues of Foreign and Security Policy, while recognising the right of independent action of both parties.
  2. A joint advisory body shall be set up by the Union and the United Kingdom to recommend areas wherein greater Security and Foreign Affairs cooperation could occur, within the bounds of subsection a).
  3. Wherein either a Member State of the European Union or the United Kingdom are the victim of armed aggression on their territory, all parties to this agreement shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter. This shall not prejudice the specific character of the security and defence policy of certain Member States.

Article 41 - Coordination of Foreign and Security Policy

  1. Wherein action is taken by the European External Action Service, they will where possible consult and cooperate with the United Kingdom in efforts of similar aims and outcomes.
  1. In the event of future expansion of the competency of the European External Action Service, this article shall only extend to such competency present at the end of either the Article 50 process or any Implementation Period.
  1. Wherein action is taken for Overseas intervention as a part of either party’s aims, they shall seek to cooperate in joint deployment of forces wherein aims are sufficiently aligned to cause such action to become practical.
  2. Wherein action is taken by the United Kingdom in issues of Foreign or Overseas Security policy matters, they will where possible consult and cooperate with the European Union’s efforts of similar aims and outcomes

Article 42 - Agreement on Operational and Strategic Cooperation (Europol) Preamble

  1. For the purposes of this article and beyond, the parties designate the following points of contact to co-ordinate the application of this agreement;
  1. The Union, through Europol designates the Director of Europol or his or her designate as its point of contact
  2. The United Kingdom designates the Director General of the National Crime Agency as its point of contact

Article 43 - Cooperation and Exchange of Data through Liaison officers

  1. The parties may cooperate under this agreement for the exchange of strategic, technical and operational information deemed relevant to the prevention or response to crime, or as further deemed applicable by both parties.
  2. Europol and the National Crime Agency shall exchange Liaison officers, whom in addition to other duties shall be empowered to authorise the exchange of information from relevant security databases wherein that information is relevant to-
  1. the prevention of acts of terror or other crimes with serious threat to life,
  2. the trade of illicit drugs, or other illegal or controlled goods or substances
  3. the trafficking in human beings, kidnapping, illegal restrain and hostage taking
  4. intellectual property crime,
  5. cybercrime,
  6. the smuggling of arms, weapons, explosives or ammunition
  7. fraud, counterfeiting or forgery
  8. corruption
  9. laundering of the proceeds of crime
  10. any other measured deemed to be of high importance to the national security of either party,
  11. and any other matters agreed by Europol and the National Crime Agency as relevant to this agreement.

Article 44 - Mutual Consultation

  1. The points of contact as designated in Article 19 shall consult each other regularly on issues of policy and common interest for the purpose of realising objectives and co-ordinating respective activities.
  2. The parties shall consult prompt at the request of either for the purposes of this agreement.

Article 45 - Transfer of Personal Data

  1. Either party may make a request for specific personal data pertaining to an identified individual or limited group of individuals, with clear reasoning for the applicability of such data submitted alongside.
  2. Such data may only be transmitted if the supplying party is satisfied it is necessary for the purposes of this agreement or other such subsequent agreements.
  3. Upon the receipt of such data, the receiving party shall confirm receipt and subsequently and promptly inform the supplying party of the use made of such data and the results achieved there from.
  4. Wherein data is incorrectly sent, the supplying party shall inform the receiving party who will take all practically possible measures to destroy or return the data or take appropriate measures to prevent its use by competent authorities.
  5. Wherein transmitted data is shown to be incorrect, the party discovering such error shall promptly inform the other party and make available all relevant information within the bounds of applicable law as to the evidence of error.

Article 46 - Refusal and Postponement

  1. Upon receipt of a request for cooperation, either party may refuse to comply wherein-
  1. the request is not in conformity with this Agreement,
  2. such a request would be contrary to its domestic legal framework, national security, constitutional requirements of other government and national interests,
  3. Such a request would entail extraordinary or excessive costs
  1. Either party may postpone specific cooperation wherein they believe immediate cooperation would cause interference with an ongoing investigation in either party’s area of competence.

Appendix 1 Political Declaration on the Future Relationship between the United Kingdom of Great Britain and Northern Ireland and the European Union

  • Assuming no revocation of the notification of intent to trigger Article 50 by the Prime Minister of the United Kingdom, after ‘Brexit Day’ (at 00:00 CET) a transition period on the terms outlined in the Withdrawal Agreement shall apply between the United Kingdom and the European Union so long as the Withdrawal Agreement is approved in accordance with the constitutional arrangements of the United Kingdom.  
  • The position of the Crown Dependencies, Gibraltar and Akrotiri and Dhekelia (along with other British Overseas Territories) remain subject to other agreements.
  • The Union and United Kingdom are determined to work together to safeguard the rules-based
    international order, the rule of law and promotion of democracy, and high standards of free
    and fair trade and workers’ rights, consumer and environmental protection, and cooperation
    against internal and external threats to their values and interests.
  • In that spirit, this declaration establishes the parameters of an ambitious, broad, deep and
    flexible partnership across trade and economic cooperation, law enforcement and criminal
    justice, foreign policy, security and defence and wider areas of cooperation. Where the Parties
    consider it to be in their mutual interest during the negotiations, the future relationship may
    encompass areas of cooperation beyond those described in this political declaration. This
    relationship will be rooted in the values and interests that the Union and the United Kingdom
    share. These arise from their geography, history and ideals anchored in their common
    European heritage. The Union and the United Kingdom agree that prosperity and security are
    enhanced by embracing free and fair trade, defending individual rights and the rule of law,
    protecting workers, consumers and the environment, and standing together against threats to
    rights and values from without or within.
  • The future relationship will be based on a balance of rights and obligations, taking into
    account the principles of each Party. This balance must ensure the autonomy of the Union’s
    decision making and be consistent with the Union’s principles, in particular with respect to
    the integrity of the Single Market and the Customs Union and the indivisibility of the four
    freedoms. It must also ensure the sovereignty of the United Kingdom and the protection of its
    internal market, while respecting the result of the 2016 referendum regarding membership of the EU and the 2018 referendum regarding membership of the single market including with regard to the development of its independent trade policy and the ending of free movement of people
    between the Union and the United Kingdom.
  • The period of the United Kingdom’s membership of the Union has resulted in a high level of
    integration between the Union’s and the United Kingdom’s economies, and an interwoven
    past and future of the Union’s and the United Kingdom’s people and priorities. The future
    relationship will inevitably need to take account of this unique context. While it cannot
    amount to the rights or obligations of membership, the Parties are agreed that the future
    relationship should be approached with high ambition with regard to its scope and depth, and
    recognise that this might evolve over time. Above all, it should be a relationship that will
    work in the interests of citizens of the Union and the United Kingdom, now and in the future.