Просмотр кода страницы Английская Википедия:EU–UK Trade and Cooperation Agreement

{{Английская Википедия/Панель перехода}}
{{short description|Post-Brexit agreement of December 2020}}
{{Use British English|date=January 2021}}
{{Use dmy dates|date=January 2021}}
{{Infobox treaty
| name                    = EU–UK Trade and Cooperation Agreement
| long_name               = Trade and cooperation agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part
| image                   = File:Location map of the United Kingdom and the European Union.svg
| image_size              = 340px
| alt                     = <!-- alt-text here for accessibility; see [[MOS:ACCESS]] -->
| caption                 = {{Legend|#003399|<small>'''European Union (EU)''' and '''Euratom'''</small>}}{{Legend|#f7931e|<small>'''United Kingdom (UK)'''</small>}}
| type                    = Trade and cooperation agreement
| context                 = [[Brexit|Withdrawal of the UK from the EU]] on 31 January 2020
| date_drafted            = {{dts|24 December 2020}}
| date_signed             = {{dts|30 December 2020}}
| location_signed         = [[Brussels]] and [[London]]
| date_ratified           = 30 April 2021<ref>{{cite web|url=https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/?id=2020037&DocLanguage=en|work=Agreements database|accessdate=31 May 2021|title= Search the Treaties and Agreements database. Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part}}</ref>
| date_effective          = 1 May 2021<ref name=CouncilRatifies />
| condition_effective     = [[Ratification]] by both parties (Article 783)
| amendment               =
| date_expiration         = <!-- {{End date|YYYY|MM|DD}} OR: -->
| date_expiry             = <!-- {{End date|YYYY|MM|DD}} -->
| provisional_application = 1 January 2021 to 30 April 2021
| mediators               = <!-- format this as a bullet list -->
| negotiators             = 
* <small> {{flagicon image|Flag of Europe.svg}} </small> [[Michel Barnier]]
* <small> {{flagicon image|Flag of the United Kingdom.svg}} </small> [[David Frost (British diplomat)|David Frost]] 
| original_signatories    = <!-- format this as a bullet list -->
| signatories             = <!-- format this as a bullet list -->
| parties                 = 
* {{flagicon image|Flag of Europe.svg}} [[European Union]] and [[European Atomic Energy Community|Euratom]]
* {{flagicon image|Flag of the United Kingdom.svg}} [[United Kingdom]]
| ratifiers               = <!-- format this as a bullet list -->
| depositor               = <!-- OR: -->
| depositories            = <!-- format this as a bullet list -->
| citations               = <!-- format as XX [[Article on Treaty Series|TS]] YYY -->
| languages               = all [[Languages of the European Union#Official EU languages|official EU languages]]
| wikisource              = <!-- OR: -->
| wikisource1             = <!-- Up to 5 wikisourceN variables may be specified -->
| wikisource2             = 
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| wikisource5             = 
| footnotes               =
}}

The '''EU–UK Trade and Cooperation Agreement''' ('''TCA''') is a [[free trade agreement]] signed on 30 December 2020, between the [[European Union]] (EU), the [[European Atomic Energy Community]] (Euratom), and the [[United Kingdom]] (UK). It [[Provisional application (treaty)|provisionally applied]]<ref name=Prov>{{cite web|date=29 December 2020|url=https://www.consilium.europa.eu/en/press/press-releases/2020/12/29/eu-uk-trade-and-cooperation-agreement-council-adopts-decision-on-the-signing/|work=Consilium|title=EU–UK Trade and Cooperation Agreement: Council adopts decision on the signing}}</ref><ref name=Prov2>{{cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A22021X0101%2801%29|work=Official Journal of the European Union|title=Notice concerning the provisional application of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information and of the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the Safe and Peaceful Uses of Nuclear Energy|date=31 December 2020}}</ref> from 1 January 2021, when the [[Brexit transition period]] ended,<ref name=E210431>{{cite web|date=23 February 2021|url=https://www.consilium.europa.eu/en/policies/eu-uk-negotiations-on-the-future-relationship|title=The EU–UK Partnership Council decided, at the EU's request, to extend the provisional application of the agreement until 30 April 2021}}</ref> before formally entering into force on 1 May 2021, after the ratification processes on both sides were completed: the [[Parliament of the United Kingdom|UK Parliament]] ratified on 30 December 2020;<ref>{{Cite web|date=30 December 2020|title=Johnson's Brexit Deal Clears Parliament With Only Hours to Spare|url=https://www.bloomberg.com/news/articles/2020-12-30/johnson-s-brexit-deal-clears-parliament-with-only-hours-to-spare|access-date=30 December 2020|website=Bloomberg|language=en-US}}</ref> the [[European Parliament]] and the [[Council of the European Union]] ratified in late April 2021.<ref name=CouncilRatifies />

The agreement, which governs the relationship between the EU and the UK after [[Brexit]], was concluded after [[Trade negotiation between the UK and the EU|eight months of negotiations]].<ref>{{Cite news |url=https://www.theguardian.com/politics/2020/dec/24/uk-eu-agree-brexit-trade-deal-agreement |title=UK and EU agree Brexit trade deal|date=24 December 2020|work=The Guardian}}</ref> It provides for [[free trade]] in goods and limited mutual [[market access]] in services, as well as for cooperation mechanisms in a range of policy areas, transitional provisions about EU access to UK fisheries, and UK participation in some EU programmes. Compared to the UK's previous status as an EU member state, on 1 January 2021 the following ended as they are not incorporated in the TCA or the [[Brexit withdrawal agreement]]: [[Freedom of movement|free movement of persons]] between the parties; UK membership in the [[European Single Market]] and [[European Union Customs Union|Customs Union]]; UK participation in most EU programmes; part of EU–UK law enforcement and security cooperation such as the access to real time crime data; defense and foreign policy cooperation; and the authority of the [[European Court of Justice]] in dispute settlement (except with respect to the [[Northern Ireland Protocol]]<ref name=IrishBorder>{{cite web|url=https://publications.parliament.uk/pa/ld5801/ldselect/ldeucom/66/6614.htm|work=British Parliament|title=The Protocol on Ireland/Northern Ireland Contents. Chapter 11: Implementation, application, supervision and enforcement, and other provisions (Articles 12, 13, 16, 17 and 19)|access-date=31 December 2020}}</ref>).

In addition, two other separate treaties were negotiated, signed, and ratified in parallel around the same time by the UK and the EU/Euratom: an agreement on exchange of classified information<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2021:149:TOC|title=EUR-Lex – L:2021:149:TOC – EN – EUR-Lex|website=eur-lex.europa.eu}}</ref> and another on cooperation in  the field of nuclear energy.<ref>{{Cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2021:150:TOC|title=EUR-Lex – L:2021:150:TOC – EN – EUR-Lex|website=eur-lex.europa.eu}}</ref>

== Background ==
{{brexit sidebar}}
The UK became a member of the [[European Communities]] in 1973, which later became the EU and [[European Atomic Energy Community|Euratom]].<ref>{{Cite web|date=22 January 2020|title=We're in: the UK enters Europe – archive, 1 January 1973|url=http://www.theguardian.com/world/2020/jan/22/uk-enters-europe-eu-1-january-1973|access-date=26 December 2020|website=the Guardian|language=en}}</ref> Since then, the UK contributed to making and was subject to [[European Union law|EU law]], whose application was governed by the [[European Court of Justice]].

After the UK decided in a [[2016 United Kingdom European Union membership referendum|2016 referendum]] to leave the EU ("[[Brexit]]"), it did so on 31 January 2020.<ref>{{Cite web|url=https://www.scotsman.com/news/politics/brexit-first-round-trade-talks-eu-confirms-serious-differences-2112045%3f|title=Brexit: First round of trade talks with EU confirms 'serious' differences|last=Gourtsoyannis|first=Paris|date=5 March 2020|website=The Scotsman}}</ref> Until 31 December 2020, a transition period applied, in which the UK was still considered for most matters to be part of the EU. After the [[Brexit negotiations|first negotiations]] between the UK and the EU led to the [[Brexit withdrawal agreement]] that implemented the UK's withdrawal,<ref>{{Cite web|url=https://www.newstatesman.com/politics/uk/2020/02/brexit-isnt-done-guide-eu-uk-trade-negotiations|title=Brexit isn't done: a guide to the EU–UK trade negotiations|last=Statesman|first=New|date=3 February 2020|website=New Statesman}}</ref> negotiations commenced for an agreement to govern trade and other relations between the EU and the UK after the end of the transition period.

== Negotiations==
{{main|Trade negotiation between the UK and the EU}}
<!-- This section is not intended to be any more than a very brief summary of the Negotiations article. Please do not include points of detail that duplicate those in the Negotiations article or belong there. -->

The UK government led by [[Boris Johnson]] pursued a desire to trade freely with the EU while being subject to as few EU rules as possible, and especially not to the jurisdiction of the European Court of Justice.<ref name=":2">{{Cite news|last=Mueller|first=Benjamin|date=24 December 2020|title=5 Takeaways From the Post-Brexit Trade Deal|language=en-US|work=The New York Times|url=https://www.nytimes.com/2020/12/24/world/europe/brexit-uk-eu-explained.html|access-date=29 December 2020|issn=0362-4331}}</ref> For its part, the EU insisted that the price for UK access to the [[European Single Market]] was compliance with EU subsidies, social, environmental and other regulations to avoid distorting competition in the single market.<ref name=":2" /> Another major point of contention was [[Fishery|fisheries]]. Part of the impetus for Brexit was the British desire to regain full control over their fishing waters, whereas EU coastal states demanded to retain all or most of the fishing rights they enjoyed under the EU's [[Common Fisheries Policy]].<ref name=":2" />

The trade agreement, negotiated under increasing time pressure due to the end of the transition period on 31 December 2020, had to address all of these issues.<ref>{{Cite news|last1=Landler|first1=Mark|last2=Castle|first2=Stephen|date=24 December 2020|title=Britain and E.U. Reach Landmark Deal on Brexit|language=en-US|work=The New York Times|url=https://www.nytimes.com/2020/12/24/world/europe/brexit-trade-deal-uk-eu.html|access-date=29 December 2020|issn=0362-4331}}</ref> Formal [[Trade deal negotiation between the UK and EU|trade negotiations]], in which [[Michel Barnier]] represented the EU and [[David Frost, Baron Frost|David Frost]] represented the UK, began on 31 March 2020. They were originally due to be concluded by the end of October 2020.<ref>{{cite news|url=https://www.telegraph.co.uk/politics/2020/07/23/uk-making-post-brexit-trade-deal-unlikely-michel-barnier-warns/ | title = UK sets October deadline for post-Brexit trade deal as Michel Barnier warns agreement 'unlikely' |author = Gordon Rayner and James Frayne| date= 23 July 2020 | access-date= 23 July 2020| work = The Telegraph}}</ref> However, negotiations continued<ref name="FT301020">{{cite news |title=Negotiators hunker down in Brussels in search of Brexit breakthrough. Talks to continue in Belgian capital until at least Monday |author=Jim Brunsden |url=https://www.ft.com/content/ea4a0508-c5d4-42ef-80a2-ca87fb8a61b3 |date = 30 October 2020|access-date= 1 November 2020 | work = Financial Times}}</ref> and formally ended on 24 December 2020 when an agreement was reached in principle after ten negotiating rounds.

==Signature, ratification and entry into force==

===Signature===
After approval by the [[Council of the European Union]] on 29 December,<ref name="Prov" /> the [[President of the European Council]] [[Charles Michel]] and the [[President of the European Commission]] [[Ursula von der Leyen]] signed the TCA on 30 December 2020 on behalf of the EU.<ref name=":3">{{Cite web|title=Press release: Signature of the EU–UK agreement, 30 December 2020|url=https://www.consilium.europa.eu/en/press/press-releases/2020/12/30/press-release-signature-of-the-eu-uk-agreement-30-december-2020/|access-date=30 December 2020|website=Council of the European Union|language=en}}</ref> The agreement was then flown to London and signed for the UK by the Prime Minister, Boris Johnson.<ref name=":3" />

===Ratification===
The internal procedures of the UK and EU/Euratom had to be followed for ratification after signature. 
For the EU, this meant a decision by the [[Council of the European Union]] after receiving the consent of the [[European Parliament]].<ref>[[:s:Consolidated version of the Treaty on the Functioning of the European Union/Part Five: External Action by the Union#TITLE V: INTERNATIONAL AGREEMENTS|Article 218, Treaty on the Functioning of the European Union]]</ref> As the TCA was not treated as a [[mixed agreement]], no national ratification procedures were needed in the member states.<ref>{{Cite web|url=https://www.instituteforgovernment.org.uk/explainers/future-relationship-eu-ratification|title=UK–EU future relationship: EU ratification and provisional application|website=www.instituteforgovernment.org.uk|date=23 April 2020 }}</ref><ref>{{Cite web|url=https://europeanlawblog.eu/2021/04/15/in-view-of-the-exceptional-and-unique-character-of-the-eu-uk-trade-and-cooperation-agreement-an-exception-to-separation-of-powers-within-the-eu/|title='In view of the exceptional and unique character' of the EU–UK Trade and Cooperation Agreement – an Exception to Separation of Powers within the EU?|first1= Christina|last1= Eckes |first2=Päivi|last2= Leino-Sandberg |date=15 April 2021}}</ref><ref>{{Cite web|url=https://www.epc.eu/en/Publications/The-European-Parliament-flexes-its-muscles-on-the-EUUK-trade-deal~3c43bc|title=The European Parliament flexes its muscles on the EU–UK trade deal|website=www.epc.eu}}</ref>

[[File:2021-04-22 UK notification Trade and Cooperation Agreement.pdf|thumb|The UK's notification about the agreement]]
For the UK, ratification is a [[royal prerogative]], exercised in effect by the Government.{{citation needed|date=May 2021}} For the agreement to have effect in UK domestic law and to enable the government to enter into the agreement, the [[Bill (law)#Enactment and after|enactment]] of the European Union (Future Relationship) Bill was required.<ref>{{cite web|quote=The Bill is required to implement the Agreements for them to have domestic legal effect and to enable the UK Government to ratify the Agreements.|url=https://publications.parliament.uk/pa/bills/cbill/58-01/0236/en/20236en.pdf|work=UK Parliament|title=European Union (Future Relationship) Bill. Explanatory notes.|accessdate=4 May 2021|pages=6}}</ref> The bill was introduced in Parliament on 30 December 2020 and provides for implementation of the TCA.<ref>{{Cite news|last1=Walker|first1=Peter|last2=Syal|first2=Rajeev|date=30 December 2020|title=From Brussels to the Palace: how Brexit deal will be passed in a day|language=en-GB|work=The Guardian|url=https://www.theguardian.com/politics/2020/dec/30/from-brussels-to-the-palace-how-brexit-deal-will-be-passed-in-a-day|access-date=30 December 2020|issn=0261-3077}}</ref> The same day, the bill passed the [[House of Commons of the United Kingdom|House of Commons]] with 521 votes to 73, and was approved by the [[House of Lords]]. It became the [[European Union (Future Relationship) Act 2020]] when it received [[royal assent]] on 31 December 2020.<ref name="UK ratifies">{{Cite news|last=Syal|first=Rajeev|date=31 December 2020|title=Boris Johnson's post-Brexit trade deal passes into UK law|language=en-GB|work=The Guardian|url=https://www.theguardian.com/politics/2020/dec/31/post-brexit-trade-deal-boris-johnson-thanks-mps-and-peers-for-passing-bill|access-date=31 December 2020|issn=0261-3077}}</ref>

On 4 March 2021, the European Parliament postponed its consent decision, which had been planned for 25 March. The EU accused the UK of proposing for a second time to break international law,  after UK ministers announced the unilateral extension of the grace period on certain checks on trade from Great Britain to Northern Ireland.<ref>{{Cite web|last1=Boffey|first1=Daniel|last2=Carroll|first2=Rory|date=2021-03-04|title=EU postpones setting date for ratifying Brexit trade deal|url=http://www.theguardian.com/politics/2021/mar/04/uks-plan-to-extend-brexit-grace-period-infuriates-irish-and-eu-officials|access-date=2021-03-05|website=the Guardian|language=en}}</ref> On 27 April, the European Parliament gave its consent to the agreement after a plenary vote (660 in favour, 5 against, 32 abstentions).<ref name=Parl>{{cite web|url=https://www.europarl.europa.eu/news/en/press-room/20210423IPR02772/parliament-formally-approves-eu-uk-trade-and-cooperation-agreement|title=Parliament formally approves EU–UK trade and cooperation agreement|work=European parliament|date=28 April 2021}}</ref> The Council of the European Union approved the agreement by a decision on 29 April using a written procedure.<ref name=CouncilRatifies>{{Cite web|url=https://www.consilium.europa.eu/en/press/press-releases/2021/04/29/eu-uk-trade-and-cooperation-agreement-council-adopts-decision-on-conclusion/|title=EU–UK trade and cooperation agreement: Council adopts decision on conclusion|website=www.consilium.europa.eu|date=2021-04-29}}</ref>

===Versions===
Agreement on the draft text of the TCA was only reached in late December 2020, while the parties planned provisional application on 1 January 2021. The parties therefore signed the draft text, of which the articles had not been continuously numbered and which was subject to legal revision before it could enter into force. The draft agreement was replaced by the definitive version of the agreement through an exchange of notes on 21 April 2021, and this version applies retroactively ({{lang|la|[[ab initio]]}}) from 1 January 2021.<ref>{{cite journal|url=https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2021.149.01.0001.01.ENG|journal=[[Official Journal of the European Union]]|title=Notice to the reader. SN/2356/2021/INIT|volume=L149|page=1|date=30 April 2021}}</ref>

===Provisional application and entry into force===

The agreement was [[Provisional application (treaty)|provisionally applied]] from 1 January 2021 until its entry into force on 1 May 2021.<ref name=Prov2/> The ultimate date for the end of the provisional application was extended from 28 February to 30 April 2021.<ref>{{cite web|url=https://ec.europa.eu/luxembourg/news/eu-uk-trade-and-cooperation-agreement-commission-proposes-extend-provisional-application_fr|work=European Commission|access-date=1 March 2021|date=10 February 2021|title=EU–UK Trade and Cooperation Agreement: Commission proposes to extend provisional application}}</ref><ref>{{cite web|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/963820/CDL_to_Maros_Sefcovic.pdf|work=Michael Gove|access-date=1 March 2021|date=23 February 2021|title=Provisional Application of the EU–UK Trade and Cooperation Agreement letter}}</ref><ref>Article FinProv.11 in the draft.</ref><ref name="A" /> The Council decision on the signing included the approval of provisional application, provided the UK also decided to provisionally apply the document.<ref name="Prov" /><ref name="CouncilDecision">{{cite web|url=https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CONSIL:ST_13904_2020_INIT|work=Council of the European Union|access-date=29 December 2020|date=28 December 2020|title=COUNCIL DECISION on the signing, on behalf of the Union, and on provisional application of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information}}</ref> The agreement [[Coming into force|entered into force]] on the first day of the month after ratification by both parties (Article 783; Article FINPROV.11 in the draft), namely 1 May 2021.<ref name="A" /><ref name=CouncilRatifies />

===Territorial scope===
The agreement applies to the territory of the UK and to the EU. It does not apply to [[Gibraltar]], which was also part of the EU, but for which a [[Effect of Brexit on Gibraltar|separate negotiation]] is conducted between the UK, Spain and the EU.<ref name="CouncilDecision"/> The agreement applies to the Isle of Man, [[Bailiwick of Guernsey]] and [[Bailiwick of Jersey]] (which gave their consent<ref>{{Cite news|title=Jersey signs up to Brexit trade deal|url=https://www.bailiwickexpress.com/jsy/news/jersey-signs-brexit-trade-deal/|access-date=29 December 2020|work=Bailiwick Express|language=en}}</ref><ref>{{Cite news|date=27 December 2020|title=Brexit deal: Guernsey backs UK agreement|language=en-GB|work=BBC News|url=https://www.bbc.com/news/world-europe-guernsey-55462160|access-date=29 December 2020}}</ref>) with regard to trade in goods and fishing.<ref name=QA_EU>{{cite web|url=https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_2532|work=European Commission|access-date=30 December 2020|title=Questions & Answers: EU–UK Trade and Cooperation Agreement|date=24 December 2020}}</ref> With regard to [[Northern Ireland]], the provisions on trade in goods do not apply, as those (as well as provisions on application of EU law in that area and involvement of the [[European Court of Justice]])<ref name=IrishBorder/> are governed by [[Northern Ireland Protocol|a protocol]] to the Brexit withdrawal agreement.<ref name=QA_EU/>

== Contents ==
The 1,246-page agreement (including annexes) covers its general objectives and framework with detailed provisions for fisheries, social security, trade, transport, [[travel visa|visa]]s; and cooperation in judicial, law enforcement, and security matters.  Other provisions include continued participation in community programmes and mechanisms for dispute resolution.<ref name=A>{{citation |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948104/EU-UK_Trade_and_Cooperation_Agreement_24.12.2020.pdf |title=Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part|publisher=EU Commission and UK Government |access-date=26 December 2020|date=24 December 2020}}</ref>

According to summaries of the agreement published by the European Commission and the UK government, the agreement provides for the following or has the following effects on the EU–UK relationship compared to when the UK was an EU member state. For Northern Ireland other arrangements may be in place through the [[Northern Ireland Protocol|Ireland/Northern Ireland Protocol]].

=== Trade in goods ===
Trade in goods between the EU and UK shall not be subject to any [[tariff]]s or [[Import quota|quotas]]. Traders can self-certify compliance with agreed [[rules of origin]]. However, as a result of the UK leaving the EU customs area, customs formalities are required between the two parties, and [[Value-added tax|VAT]] and certain other duties apply upon import.<ref name=":0">{{Cite web|date=24 December 2020|title=EU–UK RELATIONS: A new relationship, with big changes|url=https://ec.europa.eu/info/sites/info/files/eu-uk_trade_and_cooperation_agreement-a_new_relationship_with_big_changes-overview_of_consequences_and_benefits.pdf|access-date=24 December 2020|website=European Commission}}</ref> There are provisions intended to limit [[technical barriers to trade]] (TBT), building on the WTO [[Agreement on Technical Barriers to Trade|TBT Agreement]].<ref name=":1">{{Cite web|date=December 2020|title=UK–EU Trade And Cooperation Agreement: Summary|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948093/TCA_SUMMARY_PDF.pdf|access-date=28 December 2020|website=UK Government}}</ref>

=== Trade in services ===
Building on WTO rules,<ref name=":1" /> each party is to treat service providers of the other party no less favourably than its own.<ref name=":0" /> There are rules to facilitate the cross-border provision of services in certain fields, such as digital services (including as regards [[Information privacy|data protection]] rules), [[Government procurement|public procurement]] (extending the coverage of the [[Agreement on Government Procurement|WTO GPA]] somewhat<ref name=":1" />), business trips and secondments of highly qualified employees.<ref name=":0" /> But there is no longer general access to each other's services markets;<ref name=":0" /> for example, [[financial services]] providers no longer have access to customers via "passporting".<ref>{{cite web |title=Passporting |url=https://www.bankofengland.co.uk/prudential-regulation/authorisations/passporting |website=Bank of England |access-date=29 December 2020}}</ref> Professional qualifications are no longer automatically mutually recognized.<ref name=":0" />

=== Energy, public policy and other aspects of trade ===
With respect to energy, there is to be regulatory and technical cooperation,<ref name=":1" /> as well as a reconfirmation of the [[Paris Agreement]] climate goals.<ref name=":0" /> But the UK is no longer part of the EU energy market and [[emissions trading]] scheme.<ref name=":0" /> The UK has concluded a separate agreement with [[European Atomic Energy Community|Euratom]] on peaceful cooperation on nuclear technology,<ref>{{cite web|title=Agreement between the government of the United Kingdom of Great Britain and northern Ireland and the European Atomic Energy Community for cooperation on the safe and peaceful uses of nuclear energy|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948106/EU_UK_Civil_Nuclear_Agreement_24.12.2020.pdf|work=UK en EU|date=25 December 2020}}</ref> which has not entered into force.

While both parties remain free to shape their [[public policy]] in the fields of [[Subsidy|subsidies]], [[Labour law|labour]] and [[social policy]], or [[Politics of climate change|climate and environment policy]], the agreement provides for "[[level playing field]]" principles and mechanisms that aim to prevent a distortion of trade as a result of measures in these fields. In particular, each party may take countermeasures (subject to arbitration) against damaging measures by the other party.<ref name=":1" />

Certain existing [[intellectual property]] provisions exceeding [[TRIPS]] commitments (including a 70-year [[copyright term]]) are to be preserved in the EU and the UK.<ref name=":1" /> There are agreed rules on [[geographical indication]]s existing before [[Brexit]] which are confirmed in the TCA (Article IP.57),<ref name=A/> but not for Indications registered afterwards,<ref name=":1" /><ref>{{cite web|url=https://www.gov.uk/guidance/protecting-food-and-drink-names-from-1-january-2021|title=Guidance. Protecting food and drink names from 1 January 202|access-date=30 December 2020|date=28 December 2020}}</ref> except for Northern Ireland.<ref>{{cite web|title=Guidance. Trade marks and geographical indications after 1 January 2021|work=UK government|access-date=30 December 2020|url=https://www.gov.uk/guidance/trade-marks-and-geographical-indications-after-1-january-202}}{{Dead link|date=February 2024 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>

=== Movement of persons ===
There is no [[Freedom of movement|free movement of persons]] between the EU and the UK. Visitors planning stays of more than 90 days in any 180-day period need a visa;<ref name=":0" /> those planning any work other than routine business meetings and conferences need an appropriate visa.<ref>{{cite news |url=https://www.theguardian.com/politics/2020/dec/29/uk-performers-raise-alarm-as-brexit-deal-threatens-eu-touring | title = UK performers raise alarm as Brexit deal threatens EU touring | author=Matthew Weaver | date= 29 December 2020 | access-date= 30 December 2020 | work= The Guardian}}</ref> There is coordination of some [[Welfare|social security]] benefits.<ref name=":0" />

=== Aviation and road transport ===
In [[aviation]], EU and UK carriers continue to enjoy access to point-to-point traffic between EU and UK airports ([[Freedoms of the air#Third and fourth freedoms|third and fourth freedoms of the air]]). But they no longer have access to each other's aviation markets otherwise, including with respect to domestic flights or flights connecting to other countries. The UK is free to negotiate "[[fifth freedom traffic rights]]" for cargo flights (e.g. the London–Paris–Barcelona route for a UK carrier) with the member states of the EU individually.<ref>Article AIRTRN.3 in the draft.</ref><ref name=A/><ref name=CouncilDecision/> There is cooperation on aviation safety, but the UK no longer participates in [[European Aviation Safety Agency|EASA]].<ref name=":0" />

Likewise, in [[road transport]], mutual market access for passenger transport is limited to point-to-point crossborder transports, whereas for the transport of goods up to two extra movements (cabotage) in the other party's territory are permitted.<ref name=":0" />

=== Fisheries ===
The UK leaves the EU [[Common Fisheries Policy]].<ref name=":1" /><ref name=":0" /> During a transitional period of {{frac|5|1|2}} years, EU fishing quotas in UK waters will gradually be reduced to 75% of their pre-Brexit extent.<ref name=":2" /><ref name=":0" /> The shares of fish the parties are allowed to catch in each other's waters will then be negotiated annually.<ref name="BBC-fishing">{{Cite news|last1=Morris|first1=Chris|last2=Barnes|first2=Oliver|date=27 December 2020|title=Brexit trade deal: What does it mean for fishing?|language=en-GB|work=BBC|url=https://www.bbc.com/news/46401558|access-date=31 December 2020}}</ref>

=== Cooperation and UK participation in EU programmes ===
In the field of security, the UK no longer participates in the EU security agencies and no longer has access to the [[Schengen Information System]] SIS II database. But UK cooperation continues with [[Europol]] and [[Eurojust]], and there are mechanisms for the exchange of certain security-relevant data, such as [[passenger name record]]s, [[Prüm Convention]] data (DNA, fingerprints, vehicle registrations) and criminal records.<ref name=":0" />

The UK no longer participates in EU development funding programmes. It continues to participate in five technical EU programmes:
*[[Horizon Europe]]
* Euratom research and training
* [[ITER]]
* [[Copernicus Programme|Copernicus]] 
* Satellite surveillance (partly).<ref name=":0" />

One of the programmes that the UK does not participate in, is the [[Erasmus Programme|Erasmus]] student exchange programme.<ref>{{Cite news|last=Adams|first=Richard|date=24 December 2020|title=UK students lose Erasmus membership in Brexit deal|language=en-GB|work=The Guardian|url=https://www.theguardian.com/education/2020/dec/24/uk-students-lose-erasmus-membership-in-brexit-deal|access-date=28 December 2020|issn=0261-3077}}</ref>

=== Institutional provisions and dispute settlement ===
The agreement establishes a [[Partnership Council]], made up of EU and UK representatives. Operating by mutual consent, it is authorized to administer the agreement, resolve disputes through negotiation and  modify certain parts of the agreement if necessary.<ref name=":1" /> The Partnership Council also will take this role in supplementing agreements between the EU and the UK, unless agreed otherwise (Articles COMPROV 2 and Inst 1.2)<ref name=A/>

When disagreements between the parties cannot be resolved through consultation, either party may submit the dispute to an independent [[arbitration]] panel. If that panel finds that one party has breached its obligations, the other party may suspend (part of) its own obligations under the agreement. The agreement excludes any role of UK or EU courts, including the [[European Court of Justice]], in dispute settlement between the EU and the UK.<ref name=":1" />

== Reactions ==

=== In the EU ===
The President of the European Commission, Ursula von der Leyen, called the TCA "a fair and balanced agreement" that would allow Europe "to leave Brexit behind us and look to the future."<ref name=Commission>{{cite web|url=https://ec.europa.eu/commission/presscorner/detail/en/IP_20_2531|publisher=[[European Commission]]|title=EU–UK Trade and Cooperation Agreement: protecting European interests, ensuring fair competition, and continued cooperation in areas of mutual interest|access-date=29 December 2020}}</ref> The President of the European Council, Charles Michel, said that the TCA "fully protects the fundamental interests of the European Union and creates stability and predictability for citizens and companies."<ref name=":3" /> The former Taoiseach of Ireland, [[John Bruton]], believes that the agreement has given the UK more sovereignty over the island of Britain, but this gain comes at the cost of losing a considerable weight of the UK's sovereignty over Northern Ireland.<ref>{{Cite web|last=Bruton|first=John|date=January 16, 2021|title=UK's Sovereignty over Northern Ireland Partially Sacrificed under EU–UK Deal|url=https://opedcolumnsyndication.news.blog/2021/01/16/uk-sovereignty-over-northern-ireland-partially-sacrificed-under-eu-uk-deal/|archive-url=|archive-date=|access-date=|website=Oped Column Syndication}}</ref>

=== In the UK ===
Prime Minister Boris Johnson said that the TCA would allow the UK "to take back control of our laws, borders, money, trade and fisheries" and would change the basis of the EU–UK relationship "from EU law to free trade and friendly cooperation".<ref name=":1" /> The Leader of the Opposition, Sir [[Keir Starmer]], said that his [[Labour Party (UK)|Labour Party]] would support the TCA because the alternative would be a "no deal" Brexit, but that his party would seek additional labour and environmental protections in Parliament. Nonetheless, many in his party opposed the agreement.<ref>{{Cite web|date=29 December 2020|title=Labour will not seek major changes to UK's relationship with EU – Keir Starmer|url=http://www.theguardian.com/politics/2020/dec/29/labour-will-not-seek-major-changes-to-uks-relationship-with-eu-keir-starmer|access-date=30 December 2020|website=The Guardian|language=en}}</ref> The [[Scottish National Party]] opposed the TCA because of the economic damage it said leaving the single market would inflict on Scotland.<ref>{{Cite web|date=27 December 2020|title=SNP confirms it will vote against 'extreme Tory Brexit' deal|url=http://www.theguardian.com/politics/2020/dec/27/snp-confirms-vote-against-extreme-tory-brexit-deal|access-date=30 December 2020|website=The Guardian|language=en}}</ref> All other opposition parties opposed the TCA.<ref>{{cite news |title=Brexit: MPs overwhelmingly back post-Brexit deal with EU |url=https://www.bbc.co.uk/news/uk-politics-55478513 |access-date=30 December 2020 |work=BBC News |date=30 December 2020}}</ref>

Among pro-Brexit interest groups, the [[Euroscepticism in the United Kingdom|Eurosceptic]] Conservative MPs of the [[European Research Group]]<ref>{{Cite news|last=Rayner|first=Gordon|date=29 December 2020|title=Tory Brexiteers to back deal after ERG's 'Star Chamber' says it passes the 'acid test'|language=en-GB|work=The Telegraph|url=https://www.telegraph.co.uk/politics/2020/12/29/tory-brexiteers-back-deal-ergs-star-chamber-says-passes-acid/|access-date=30 December 2020|issn=0307-1235}}</ref><ref>{{cite web|last1=Sandle|first1=Paul|date=29 December 2020|title=UK's Brexit hardliners agree to vote for EU trade deal|url=https://www.reuters.com/article/us-britain-eu-eurosceptics/uks-brexit-hardliners-agree-to-vote-for-eu-trade-deal-idUSKBN2931JC|access-date=31 December 2020|work=[[Reuters]]}}</ref> and the [[Brexit Party]] leader [[Nigel Farage]]<ref>{{cite web|last1=Fisher|first1=Lucy|date=24 December 2020|title=Nigel Farage declares 'war is over' as Brexit deal is done|url=https://www.telegraph.co.uk/politics/2020/12/24/nigel-farage-declares-war-brexit-deal-nears/|access-date=31 December 2020|work=[[The Daily Telegraph]]}}</ref><ref>{{cite web|last1=Farage|first1=Nigel|date=27 December 2020|title=Boris has betrayed our fishermen but he still deserves credit for bringing the Brexit wars to an end|url=https://www.telegraph.co.uk/news/2020/12/27/boris-has-betrayed-fishermen-still-deserves-credit-bringing/|access-date=31 December 2020|work=[[The Daily Telegraph]]}}</ref> endorsed the TCA, but the [[Bow Group]] wrote that it would not adequately restore UK sovereignty.<ref>{{cite web|last1=Sparrow|first1=Andrew|date=30 December 2020|title=Brexit deal: Boris Johnson signs EU–UK trade deal after MPs vote to pass agreement – as it happened|url=https://www.theguardian.com/politics/live/2020/dec/30/brexit-deal-bill-coronavirus-boris-johnson-covid-live-news-updates?page=with:block-5fec87458f08b66486e2a33f#block-5fec87458f08b66486e2a33f|access-date=31 December 2020|work=[[The Guardian]]}}</ref> The British fishing industry was disappointed that the agreement did not more significantly reduce EU access to British waters.<ref>{{cite web|date=24 December 2020|title=UK fishing industry disappointed by Brexit deal "fudge"|url=https://www.reuters.com/article/us-britain-eu-fish-fishermen-idUSKBN28Y1UJ|access-date=31 December 2020|work=[[Reuters]]}}</ref><ref>{{cite web|last1=Faulconbridge|first1=Guy|date=30 December 2020|title='Boris the betrayer' has swindled us over Brexit, England's fishermen say|url=https://www.reuters.com/article/us-britain-eu-fish/boris-the-betrayer-has-swindled-us-over-brexit-englands-fishermen-say-idUSKBN29415G|access-date=31 December 2020|work=[[Reuters]]}}</ref><ref>{{cite web|date=26 December 2020|title=PM sold out fish in Brexit trade deal, fishermen say|url=https://www.reuters.com/article/us-britain-eu-fish/british-pm-sold-out-fish-in-brexit-trade-deal-fishermen-say-idUSKBN2900KI|access-date=31 December 2020|work=[[Reuters]]}}</ref>

A [[YouGov]] survey of 29–30 December 2020 reported that 57% of respondents wanted the UK Parliament to accept the TCA and 9% to oppose it, with Conservative (78%) and Leave supporters (69%) more in favour than others.<ref name="yougov2020" /> 17% of respondents considered the TCA to be a good deal, 21% a bad one, 31% neither, and 31% were unsure.<ref name="yougov2020">{{Cite web|last=Smith|first=Matthew|date=30 December 2020|title=Few think the EU trade deal is good for Britain, but most want MPs to accept it|url=https://yougov.co.uk/topics/politics/articles-reports/2020/12/30/few-think-eu-trade-deal-good-britain-most-want-mps|access-date=30 December 2020|website=YouGov|language=en-gb}}</ref>

== See also ==
* [[2016 United Kingdom European Union membership referendum]]
* [[EU–UK Partnership Council]]
* [[European Union (Withdrawal Agreement) Act 2020]]
* [[European Union (Future Relationship) Act 2020]]
* [[Free trade agreements of the European Union]]
* [[Free trade agreements of the United Kingdom]]
* [[Post-Brexit United Kingdom relations with the European Union]]

== References ==
{{reflist|30em}}

== External links ==
{{Wikisource|UK notification on the EU–UK Trade and Cooperation Agreement}}
* Trade and Cooperation Agreement: 
** [https://www.gov.uk/government/publications/ukeu-and-eaec-trade-and-cooperation-agreement-ts-no82021 UK/EU and EAEC: Trade and Cooperation Agreement &#91;TS No.8/2021&#93;]
** [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2021:149:TOC EUR-Lex – L:2021:149:TOC – EN – EUR-Lex]
**[https://www.consilium.europa.eu/en/documents-publications/public-register/public-register-search/results/?WordsInSubject=&WordsInText=&DocumentNumber=5198%2F21+&InterinstitutionalFiles=&DocumentDateFrom=&DocumentDateTo=&MeetingDateFrom=&MeetingDateTo=&DocumentLanguage=EN&OrderBy=DOCUMENT_DATE+DESC&ctl00%24ctl00%24cpMain%24cpMain%24btnSubmit= Text in all official EU languages provided by the Council of the European Union]
**[https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948104/EU-UK_Trade_and_Cooperation_Agreement_24.12.2020.pdf provisional English text, including annexes and protocols] and [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948105/EU-UK_Declarations_24.12.2020.pdf declarations].
* [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2021:150:TOC Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the European Atomic Energy Community for Cooperation on the Safe and Peaceful Uses of Nuclear Energy] in the [[Official Journal of the European Union]], L 150, 30 April 2021 – [https://www.gov.uk/government/publications/ukeaec-agreement-for-cooperation-on-the-safe-and-peaceful-uses-of-nuclear-energy-ts-no102021 UK/EAEC: Agreement for Cooperation on the Safe and Peaceful uses of Nuclear Energy &#91;TS No.10/2021&#93;] – Draft: [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948106/EU_UK_Civil_Nuclear_Agreement_24.12.2020.pdf Nuclear Cooperation Agreement] 
* [https://www.gov.uk/government/publications/ukeu-agreement-concerning-security-procedures-for-exchanging-and-protecting-classified-information-ts-no92021 UK/EU: Agreement concerning Security Procedures for Exchanging and Protecting Classified Information &#91;TS No.9/2021&#93;] – Draft: [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948107/EU_UK_Security_of_Information_Agreement_24.12.2020.pdf Agreement on Security Procedures for Exchanging and Protecting Classified Information].
* European Commission publication: EU–UK Trade and Cooperation Agreement – [https://ec.europa.eu/info/sites/info/files/eu-uk_trade_and_cooperation_agreement-a_new_relationship_with_big_changes-overview_of_consequences_and_benefits.pdf Overview of consequences and benefits] (24 December 2020)
* European Commission publication: EU–UK Trade and Cooperation Agreement – [https://ec.europa.eu/info/sites/info/files/eu-uk_relations_from_the_uk_referendum_to_a_new_trade_and_cooperation_agreement_-_infographic.pdf Infographic] (24 December 2020)
* United Kingdom government: [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948093/TCA_SUMMARY_PDF.pdf Summary Explainer of the TCA] (24 December 2020)
* European Union initial draft: [https://ec.europa.eu/info/sites/info/files/200318-draft-agreement-gen.pdf EU – UK CFTA (Draft)] (20 March 2020)
* United Kingdom initial draft: [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/886010/DRAFT_UK-EU_Comprehensive_Free_Trade_Agreement.pdf UK – EU CFTA (Draft)] (undated, public release 19 May 2020)
* UK [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/948181/20201229_Draft_Gov.uk_EU__Future_Relationship__Bill_.pdf ''Draft European Union (Future Relationship) Bill'' 29 December 2020]

{{Brexit referendum}}
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{{EU treaties and declarations}}
{{free trade agreements of the United Kingdom}}

{{DEFAULTSORT:EU-UK Trade and Cooperation Agreement}}
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[[Category:Treaties entered into by the European Atomic Energy Community]]
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