Withdrawal Agreement Benefits

Those who are protected by the Withdrawal Agreement and who have not yet acquired permanent residence rights – if they have not lived in the host country for at least five years – will be fully protected by the Withdrawal Agreement and will be able to continue to reside in the host country and acquire permanent residence rights in the host country even after the UK`s WITHDRAWAL from the EU. The UK and the EU have agreed on a withdrawal agreement with a transition period until 31 December 2020. Although the UK is no longer a member of the EU from 1 February 2020, the Withdrawal Agreement ensures that social security rights will remain unchanged during the transition period. To some extent, however, the Withdrawal Agreement needs to be supplemented by provisions of Swedish law. These are citizens` rights with regard to the right of the British nationals concerned and their families to continue to travel, live and work in Sweden after their withdrawal. Holders of geographical indications protected in the EU at the end of the transition period have the right to use the geographical indication in the UK without review and to receive “at least the same level of protection” as under the current EU regime. However, this only applies “unless and until” a future agreement between the EU and the UK enters into force and becomes applicable. The Withdrawal Agreement contains a political declaration on the future relationship between the UK and the EU covering a wide range of issues, with both sides agreeing to do their best to negotiate the necessary agreements. While it`s not legally binding, it`s much better than starting trade negotiations on a blank sheet of paper. However, the Withdrawal Agreement has a number of lasting benefits, whether or not the UK is able to negotiate a new trade agreement before the end of the transition period.

Some are more modest than others, but none should be completely overlooked. Without a withdrawal agreement, the state of play of the procedure, which had begun but had not yet been completed at the time of the UK`s withdrawal from the EU, would not have been clear. Thanks to the Withdrawal Agreement, we know that the current EU-wide rules on the enforcement of decisions will continue to apply if a procedure is initiated before the end of the transition period. In the absence of a new agreement with the EU, in the absence of a new agreement with the EU, the UK parties will have to rely on the cross-border enforcement rules that apply in each area of EU competence. In addition to the transition period, the Withdrawal Agreement also regulates a number of other issues that need to be addressed following the UK`s withdrawal. The Political Declaration refers to the regulatory and decision-making autonomy of each bloc and its ability to make equivalence decisions in its own interest. This last reference to autonomy is less to be welcomed from a British point of view, because significant access to the market can be obtained under equivalence. Unless read about the objective of going beyond WTO commitments, there is no explicit reference to extending equivalence beyond the existing patchwork. However, in this context, Steven Maijoor, President of the European Securities and Markets Authority (ESMA), has already called for a comprehensive and harmonised European regime for trading platforms in third countries. .

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