The Withdrawal Agreement, Part Three

Abstract

This chapter focuses on Part Three of the Withdrawal Agreement, which contains mutually agreed solutions for separation issues resulting from the end of the transition period. Part Three is characterized by two overarching approaches in terms of substance and legislative technique. First, Part Three of the Withdrawal Agreement does not, in any way, maintain (‘grandfather’) the validity of authorizations, approvals, or certificates issued by the UK or by bodies established in the UK, required under the internal market acquis for the placing on the market of goods and the provision of services. Second, wherever possible, the Withdrawal Agreement in Part Three establishes that a piece of EU legislation continues to apply as a whole to a given situation. In terms of topics, Part Three addresses a large variety of issues but can be, broadly, reduced down to four constellations: protection of items (tangible or non-tangible) that are no longer in the EU; pending procedures; tangible goods that are ‘sailing’ or at some stage in the distribution chain; and continued protection of pan-European rights in the area of intellectual property. The variety of topics addressed in Part Three also leads to a varying degree of practical relevance over time.