Tue. Jan 18th, 2022
Map UK and EU

This note gives an initial appraisal of the effects of the EU-UK Trade and Cooperation Agreement in the policy areas covered by
the ECON, EMPL, ENVI/BECA, IMCO, and ITRE/AIDA committees of the European Parliament.

  • It provides an overview of the main provisions of relevance to future EU-UK cooperation in these areas;
  • it describes the governance structures of the Agreement, the powers of the joint bodies established under the Agreement,
  • and examines the role granted to the European Parliament and the UK parliament.

PE 662.902 – Committee on the Environment, Public Health and Food Safety – Committee on Employment and Social Affairs – Committee on Industry, Research and Energy – Committee on the Internal Market and Consumer Protection – Subcommittee on Tax Matters – Committee on Economic and Monetary Affairs

CONTENTS
LIST OF ABBREVIATIONS 4
1. INTERNATIONAL LAW TAKES PRECEDENCE OVER EU LAW 5
2. ROLE OF THE EUROPEAN PARLIAMENT 6
3. PARTS OF DIRECT RELEVANCE FOR ECON AND FISC 8
3.1. Title II: Services and investment 8
3.2. Title XI: Level playing field for open and fair competition and sustainable development 10
4. PARTS OF DIRECT RELEVANCE FOR EMPL 14
4.1. Title III: Institutional Framework 14
4.2. Title XI: Level playing field for open and fair competition and sustainable development 14
4.2.1. Chapter one: General Provisions 14
4.2.2. Chapter six: Labour and social standards 15
4.2.3. Chapter eight: Other instruments for trade and sustainable development 15
4.2.4. Chapter nine: Horizontal and institutional provisions 16
4.3 Title I: Social Security Coordination 17
4.4. Protocol on Social Security Coordination 17
4.4.1. Title III: Special provisions concerning various categories of benefits 17
5. PARTS OF DIRECT RELEVANCE FOR ENVI AND BECA 19
5.1. General 19
5.2. Climate change and sustainable development 20
5.3. Goods 20
5.4. Food safety, Animal health. Plant health issues 25
5.5. Level Playing Field (LPF) issues 27
5.6. Health Security 28
6. PARTS OF DIRECT RELEVANCE FOR ITRE AND AIDA 30
6.1. Title VII: Small and Medium-Sized Enterprises 30
6.2. Title VIII: Energy 30
6.3. Part five: Participation in Union Programmes 34
7. PARTS OF DIRECT RELEVANCE FOR IMCO 37
7.1. Title I: Trade in Goods 37
7.2. Title II: Services and Investment 39
7.3. Title III: Digital Trade 41
7.4. Title VI: Public Procurement 41
7.5 Title XI: Level Playing Field for Open and Fair Competition and Sustainable Development42
REFERENCES 43

“Agreements concluded by the Union are binding upon the institutions of the Union and on its Member States.” (Article 216(2) TFEU). According to the Case-law of the Court of Justice of the European Union (CJEU), International law takes precedence over (secondary) EU law: “It should also be pointed out that, by virtue of Article 216(2) TFEU, where international agreements are concluded by the European Union they are binding upon its institutions and, consequently, they prevail over acts of the European Union (see, to this effect, Case C‑61/94 Commission v Germany [1996] ECR I‑3989, paragraph 52; Case C‑311/04 Algemene Scheeps Agentuur Dordrecht [2006] ECR I‑609, paragraph 25; Case C‑308/06 Intertanko and Others [2008] ECR I‑4057, paragraph 42; and Joined Cases C‑402/05 P and C‑415/05 P Kadi and Al Barakaat International Foundation v Council and Commission [2008] ECR I‑6351, paragraph 307)” .

Source: Study – First appraisal of the EU-UK Trade and Cooperation Agreement by Policy Department A – PE 662.902 – Committee on the Environment, Public Health and Food Safety – Committee on Employment and Social Affairs – Committee on Industry, Research and Energy – Committee on the Internal Market and Consumer Protection – Subcommittee on Tax Matters – Committee on Economic and Monetary Affairs