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Some thoughts on provisional application of any EU-UK trade agreement.
The EU does provisional application a lot.
1 time in 2019
8 times in 2018
12 times in 2017
and so on.
A list from the @eu_eeas here
https://ec.europa.eu/world/agreements/ClauseTreatiesPDFGeneratorAction.do?clauseID=44
1 time in 2019
8 times in 2018
12 times in 2017
and so on.
A list from the @eu_eeas here
https://ec.europa.eu/world/agreements/ClauseTreatiesPDFGeneratorAction.do?clauseID=44
The European Council invokes Article 218(5) TFEU to adopt a decision to bring an agreement into force. That bit is simple. And it's in line with Article 25 of the VCLT. Also simple.
The EP needs to consent for the Council to decide to finally adopt the agreement (Article 218(6) TFEU). That is a purely political decision. If the UK and EU agree, and it's brought into provisional application, does the EP veto it, and kill the agreement post 1/1/2021?
Now this is where the shuttle diplomacy of @MichelBarnier may come in. He has been extremely diligent in keeping the EP informed, and keeping to the spirit of Article 218(10) TFEU. He has shown the institution the respect that it demands and deserves.
@piris_jc has suggested that the EP might ask @MichelBarnier NOT to make make the "proposal" that Article 218(5) requires for provisional application to happen. I think that is unlikely.
Indeed the EP may encourage it as the responsible path to proper scrutiny in 2021. @davidmcallister?
There is quite a lot of heated, dare I say bombastic, commentary about this. The EP, The Council, Commission and @MichelBarnier have done nothing to suggest they will not act pragmatically and responsibly.
