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“In this context, we have both agreed to accelerate the implementation of the Withdrawal Agreement and to accelerate our work,” said the EU Vice-President. 112.La decision to extend the transition shall be taken by the Joint Committee. This means that it will not be vetoed by individual member states in the Council, but will still require an agreement with the EU and will be subject to “negotiations”.111 The latest text of EU law (Withdrawal Agreement) does not contain parliamentary scrutiny over an extension decision, given the prohibition in Clause 33 that ministers accept an extension. Article 126 of the Withdrawal Agreement states that there will be a transition period starting with the withdrawal of the UNITED Kingdom from the EU and ending on 31 December 2020. This has led to a number of calls for an extension of the transition period. Article 132 of the Withdrawal Agreement provides: the Joint Committee (UK/EU) may adopt “a single decision extending the transition period by up to one or two years” before 1 July 2020. 104.The United Kingdom is free to “negotiate, sign and ratify” its own international agreements during the transition period in areas falling within the “exclusive competence of the European Union” (e.B. free trade agreements). However, such agreements cannot enter into force or apply to the UK during the transition without prior EU approval.108 Article 15A does not prevent a UK government minister from discussing or proposing an extension of the transition period.

Only the formal decision on the extension is prohibited. Now is the time. Or it would have been the case if the government had decided to ask for an extension of the Brexit transition period. This was not the case. 116.An extension of the transition period would also mean that the UK would be subject to EU law (including new regulations and directives and the competence of the CJEU) for a longer period, without representation in the European Parliament, the Council or the CJEU. The risk of the UK becoming a “standard adopter” (subject to new EU laws, without having had a say in their preparation or adoption) would be exacerbated the longer the transition period lasts. 115.We note that the costs to the United Kingdom are unclear and would be subject to negotiation if the government requested and received an extension before the deadline. This overview removes legal and procedural hurdlees – both in the Withdrawal Agreement and in UK law – for an extension of the UK`s post-Brexit transition period with the EU. 99.La transition period provided for in the agreement aims to ensure stability by avoiding a sudden change in the terms of trade between the UK and the EU at the time of withdrawal, while giving both sides time to negotiate, agree and implement the terms of their future relationship. The price the UK will pay for the transition is that, with a few minor exceptions, it will assume all the responsibilities of EU membership during the transition period without the institutional rights and privileges of EU member states. It will continue to be subject to Union law and to EU institutions and agencies that monitor its application and functioning without having a say in the development, application and content of that law.

But the Conservatives promised in their election manifesto that there would be no extension of the transition period, and Johnson repeated that promise many times during the election campaign, presumy to increase the UK`s influence in its negotiations with the EU next year and to allay the Conservative Party`s current fears that a prolonged transition could become a path to a softer Brexit. .

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