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See EU Later (part 3) The UK-EU Trade And Cooperation Agreement And Its Impact On Products Regulation – International Law – European Union – Mondaq…

18 February 2021

Cooley LLP

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On 24 December 2020, the EU and the UK reached a deal on theterms of their future free trade and cooperation agreement("TCA"). Comprising 1,200+ pages, the TCA was asignificant achievement in such a short timescale and avoided theUK leaving the EU without a deal at the end of the transitionperiod on 31 December 2020.

Although the TCA changes little of the immediate impact ofBrexit for product stakeholders in terms of new obligations (suchas using the UKCA mark, updating Declarations of Conformity andtraceability information), it does contain important implicationsfor the longer term, including:

It remains to be seen how the EU and UK will implement thesecommitments successfully as the regulatory requirements in the UKbegin to diverge from those in the EU. In the meantime, below isour summary of some of the key effects of the TCA for productstakeholders.

By way of background, from 1 January 2021, the UK has left theEU Single Market and Customs Union. This means that the UK nolonger benefits from the free movement of goods between the EU andGreat Britain (England, Scotland and Wales). However, the NorthernIreland Protocol, which is designed to avoid a hard border on theisland of Ireland, still allows for the free movement of goodsbetween Northern Ireland and the EU (and vice versa).

The EU and UK have the "right to regulate" goodsindependently within their own territories, subject to certainprovisions in the TCA which incorporates provisions from the WTOTechnical Barriers to Trade Agreement. These provisions aim toensure technical regulations, standards, and conformity assessmentprocedures are non-discriminatory and do not create unnecessaryobstacles to trade. The TCA does not contain mutual recognitionmeasures (apart from a limited number of provisions for certainproducts such as medicines and motor vehicles - which are discussedbelow). However, in reality the UK's freedom to regulate iscurrently fettered in respect of Northern Ireland as a result ofthe Northern Ireland Protocol, which requires products placed onthe Northern Irish market to continue to comply with the EU regime.As a result, for most products companies will now have to complywith two separate regulatory regimes for the EU (and NorthernIreland), and for Great Britain.

The TCA contains important provisions to try to ensure commonapproaches to future technical requirements for EU and UK goods andto simplify access to each other's markets. These include:

The TCA contains a framework for cooperation between the EU andUK, and in particular exchanging information on non-food productmarket surveillance and enforcement activities, risk assessmentmethods and product testing, and coordinated product recalls orother corrective actions.

An arrangement is to be set-up "preferably within sixmonths" for the regular exchange of information between the EUrapid alert system for unsafe non-food products ("RAPEX")and the new UK Product Safety Database.

There are some simplified measures to facilitate cooperation andtrade for certain products including motor vehicles, medicinalproducts and chemicals.

The TCA includes agreement on tariffs and rules of origin. Wewill be blogging separately on the details of these provisions, andon practical considerations to help businesses navigate the newproduct compliance, trade and customs rules.

The TCA was ratified by the UK Parliament on 30 December 2020and has been provisionally applied since 1 January 2021, pendingratification by the EU Parliament (this needs to be completed bythe end of February 2021, unless the parties agree to extend thisdate). On 10 February, the European Commission adopted a proposalto request an extension of this period until the end of April 2021,to allow time for the legal-linguistic revision of the TCA into 24languages of the EU Member States for its scrutiny by the EuropeanParliament and the Council.

The commitments by the EU and UK to cooperate and take commonapproaches to technical requirements for products will be welcomesigns for many product stakeholders. However, these provisions maybe difficult to implement if the UK starts to diverge significantlyfrom the EU regulatory position. We've already seen some signsthat the UK is willing to adopt its own approach outside the EU(for example in the context of construction products and medicaldevices).

What's more, as the TCA does not include mutual recognitionprovisions for most products - or strong commitments in relation tofuture regulation - the real test will be how these provisions playout in practice, and especially the extent to which the UK willfollow the EU's lead when it comes to its ambitious program ofreforms of the existing EU product regulatory regime (such as therevision to the EU's General Product Safety Directive and newupcoming legislation on AI, among many other initiatives in thepipeline). At this stage, it remains to be seen to what extent theTCA simply pays lip service to the notion of a close relationshipbetween the EU and UK when it comes to product regulation, whetherthere will be continued future cooperation in these areas, orwhether we will see increasing divergence in Europe.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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European Union – Creation of the European Economic Community …

On March 25, 1957, the six ECSC members signed the two Treaties of Rome that established the European Atomic Energy Community (Euratom)which was designed to facilitate cooperation in atomic energy development, research, and utilizationand the European Economic Community (EEC). The EEC created a common market that featured the elimination of most barriers to the movement of goods, services, capital, and labour, the prohibition of most public policies or private agreements that inhibit market competition, a common agricultural policy (CAP), and a common external trade policy.

The treaty establishing the EEC required members to eliminate or revise important national laws and regulations. In particular, it fundamentally reformed tariff and trade policy by abolishing all internal tariffs by July 1968. It also required that governments eliminate national regulations favouring domestic industries and cooperate in areas in which they traditionally had acted independently, such as international trade (i.e., trade with countries outside the EEC). The treaty called for common rules on anticompetitive and monopolistic behaviour and for common inland transportation and regulatory standards. Recognizing social policy as a fundamental component of economic integration, the treaty also created the European Social Fund, which was designed to enhance job opportunities by facilitating workers geographic and occupational mobility.

Map showing the composition of the European Economic Community (EEC) from 1957, when it was formed by the members of the European Coal and Steel Community (ECSC), to 1993, when it was renamed the European Community (EC) and was subsumed under the European Union (EU).

Significantly, the treatys common market reforms did not extend to agriculture. The CAP, which was implemented in 1962 and which became the costliest and most controversial element of the EEC and later the EU, relied on state intervention to protect the living standards of farmers, to promote agricultural self-sufficiency, and to ensure a reliable supply of products at reasonable prices.

Like the ECSC, the EEC established four major governing institutions: a commission, a ministerial council, an assembly, and a court. To advise the Commission and the Council of Ministers on a broad range of social and economic policies, the treaty created an Economic and Social Committee. In 1965 members of the EEC signed the Brussels Treaty, which merged the commissions of the EEC and Euratom and the High Authority of the ECSC into a single commission. It also combined the councils of the three organizations into a common Council of Ministers. The EEC, Euratom, and the ECSCcollectively referred to as the European Communitieslater became the principal institutions of the EU.

The Commission (officially known as the European Commission) consists of a permanent civil service directed by commissioners. It has had three primary functions: to formulate community policies, to monitor compliance with community decisions, and to oversee the execution of community law. Initially, commissioners were appointed by members to renewable four-year terms, which were later extended to five years. The Commission is headed by a president, who is selected by the heads of state or heads of government of the organizations members. In consultation with member governments, the president appoints the heads of the Directorate-Generals, which manage specific areas such as agriculture, competition, the environment, and regional policy. The Commission has shared its agenda-setting role with the European Council (not to be confused with the Council of Europe, an organization that is not an EU body), which consists of the leaders of all member countries. Established in 1974, the European Council meets at least twice a year to define the long-term agenda for European political and economic integration. The European Council is led by a president, an office that originally rotated among the heads of state or heads of government of member countries every six months. Upon the adoption of the Lisbon Treaty in 2009, the presidency was made permanent, with the officeholder being selected by European Council members. The president of the European Council serves a term of two and a half yearsrenewable onceand functions as the face of the EU in policy matters. The first president of the EU, as the office came to be known, was former Belgian prime minister Herman Van Rompuy.

The main decision-making institution of the EEC and the European Community (as the EEC was renamed in 1993) and the EU has been the Council of the European Union (originally the Council of Ministers), which consists of ministerial representatives. The composition of the council changes frequently, as governments send different representatives depending on the policy area under discussion. All community legislation requires the approval of the council. The president of the council, whose office rotates among council members every six months, manages the legislative agenda. Council meetings are chaired by a minister from the country that currently holds the presidency. The exception to this rule is the Foreign Affairs Council, which, since the ratification of the Lisbon Treaty, is under the permanent supervision of the EU high representative for foreign affairs and security policy.

The Common Assembly, renamed the European Parliament in 1962, originally consisted of delegates from national parliaments. Beginning in 1979, members were elected directly to five-year terms. The size of members delegations varies depending on population. The Parliament is organized into transnational party groups based on political ideologye.g., the Party of European Socialists, the European Peoples Party, the European Federation of Green Parties, and the European Liberal, Democrat and Reform Party. Until 1987 the legislature served only as a consultative body, though in 1970 it was given joint decision-making power (with the Council of Ministers) over community expenditures.

The European Court of Justice (ECJ) interprets community law, settles conflicts between the organizations institutions, and determines whether members have fulfilled their treaty obligations. Each member selects one judge, who serves a renewable six-year term; to increase efficiency, after the accession of 10 additional countries in 2004 the ECJ was allowed to sit in a grand chamber of only 13 judges. Eight impartial advocates-general assist the ECJ by presenting opinions on cases before the court. In 1989 an additional court, the Court of First Instance, was established to assist with the communitys increasing caseload. The ECJ has established two important legal doctrines. First, European law has direct effect, which means that treaty provisions and legislation are directly binding on individual citizens, regardless of whether their governments have modified national laws accordingly. Second, community law has supremacy over national law in cases where the two conflict. The promulgation of the Lisbon Treaty signaled the acceptance of these legal doctrines by national courts, and the ECJ has acquired a supranational legal authority.

Throughout the 1970s and 80s the EEC gradually expanded both its membership and its scope. In 1973 the United Kingdom, Denmark, and Ireland were admitted, followed by Greece in 1981 and Portugal and Spain in 1986. (The United Kingdom had applied for membership in the EEC in 1963 and in 1966, but its application was vetoed by French Pres. Charles de Gaulle.) The communitys common external trade policy generated pressure for common foreign and development policies, and in the early 1970s the European Political Cooperation (EPC; renamed the Common Foreign and Security Policy by the Maastricht Treaty), consisting of regular meetings of the foreign ministers of each country, was established to coordinate foreign policy. In 1975 the European Regional Development Fund was created to address regional economic disparities and to provide additional resources to Europes most deprived areas. In the same year, members endorsed the Lom Convention, a development-assistance package and preferential-trade agreement with numerous African, Caribbean, and Pacific countries. Members also made several attempts to manage their exchange rates collectively, resulting in the establishment of the European Monetary System in 1979.

The Single European Act (SEA), which entered into force on July 1, 1987, significantly expanded the EECs scope. It gave the meetings of the EPC a legal basis, and it called for more intensive coordination of foreign policy among members, though foreign policy decisions were made outside community institutions. The agreement brought the European Regional Development Fund formally into the communitys treaties as part of a new section on economic and social cohesion that aimed to encourage the development of economically depressed areas. As a result of the act, there was a substantial increase in funding for social and regional programs. The SEA also required the communitys economic policies to incorporate provisions for the protection of the environment, and it provided for a common research and technological-development policy, which was aimed primarily at funding transnational research efforts.

More generally, the SEA set out a timetable for the completion of a common market. A variety of legal, technical, fiscal, and physical barriers continued to limit the free movement of goods, labour, capital, and services. For example, differences in national health and safety standards for consumer goods were a potential impediment to trade. To facilitate the completion of the common market by 1992, the communitys legislative process was modified. Originally, the Commission proposed legislation, the Parliament was consulted, and the Council of Ministers made a final decision. The councils decisions generally needed unanimity, a requirement that gave each member a veto over all legislation. The SEA introduced qualified majority voting for all legislation related to the completion of the common market. Under this system, each member was given multiple votes, the number of which depended on national population, and approval of legislation required roughly two-thirds of the votes of all members. The new procedure also increased the role of the European Parliament. Specifically, legislative proposals that were rejected by the Parliament could be adopted by the Council of Ministers only by a unanimous vote.

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European Union | Extended Timeline Wiki | Fandom

European UnionThe European Union mechanics have been a main part of the mod since 30/8/2015. Similar to the Holy Roman Empire and its mechanics, the EU can be unified in a similar fashion into a single, unified European state if all the European Union reforms are successful passed.

Called "Europeanunion" on-file.

United EuropeanBirthplace of Democracy

+0.50 Yearly Republican Tradition

+15.0% Global Trade Power

-25.0% Core-Creation Cost

The main benefits of being part of the European Union are: reduced unrest and cost to increase stability, development and technology; increased prestige and trade power; however you will get a small production penalty. Members will also get many profitable events and decisions. Every country in an offensive war with a member will get +1 aggressive expansion towards every other member every month.

Every six months a new European leader is selected among the countries with the highestprestige and legitimacy/ republican tradition. The leader gets an additional increase inprestige and the ability to pass additional European reforms.

There are three different reforms and each one requires the previous one to be passed and the next one to not be already passed. AI will always pass these decisions.

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European Union | Extended Timeline Wiki | Fandom

13 Advantages and Disadvantages of the European Union …

The European Union was officially founded on November 1, 1993. European treaties and alliances, however, have been in place since 1949 when NATO was formed. The European Economic Community was formed in 1957. Since the 1950s, various industries, including coal and steel, have worked to create one entity serving all Europeans instead of bordered nations serving small sectors of the population.

With the initiation of Brexit and an increase in terrorism, the goals of the EU stand in the balance. Here are the advantages and disadvantages of the European Union to consider.

1. It creates a more influential economic block. Individual nations within Europe struggle to hold influence on the global stage because of their size. By having several small nations join for one economic purpose, more influence can be exerted on local and global economics. Larger economic blocks create better import and export opportunities, better pricing on needs goods, and free trade opportunities all help to benefit the greater good of Europe.

2. Travel becomes easier. With the nations of Europe working together, it has created a society that is somewhat borderless for travel purposes. There are fewer checkpoints, customs entry points, and other identification verification stops required when traveling from nation to nation. This allows for free travel within the continent for those who have applied for the appropriate identification.

3. It creates harmony on the continent.In the past, European nations were often combative with one another. Many divisions have come out of Europe over the generations, including wars that are far too numerous to list. Civil wars were also common on the continent, leading up to the 20th century. The joining of the 28 member states of the European Union has helped to lessen the number of conflicts that have occurred, which has created better safety for Europeans from an overall standpoint.

4. It has helped to modernize countries. Members have become modern nations thanks to the benefits of being part of the European Union. Specific criteria for membership include making commitments to human rights, have a specific rule of law, and following a market economy. This prevents discrimination and provides due process across the continent while encouraging socioeconomic growth at the same time.

5. The European Union has helped to improve local environments. Since the formation of the EU, the quality of the seas and beaches that are found throughout the continent have improved dramatically. This is because of regulations that were implemented at a Union level. More than 90% of European tourist locations meet minimum water quality standards today, which is a vast increase from the 1950s.

6. Job creation occurs because of the existence of the European Union. In the United Kingdom, up to 10% of all employment opportunities are directly linked to the EU. The United States has employment ties to the European Union as well. Without that structure, those jobs and the economics they provide would disappear. Millions of people would be displaced and billions would disappear from the global economy.

7. It creates another level of international security. European nations have a form of mutual protection through NATO. Belonging to the United Nations provides another level of security. The European Union provides a third level of security that allows for local intelligence services to have access to improved data sharing and military resources that can keep the population safer than if the Union did not exist.

1. Fewer borders and restrictions means more opportunities for nefarious deeds. History has shown us that one person, with the right tools and motivation, can cause a lot of havoc for a society. Since 2010, there has been an increase in vehicular attacks and other terror-like events that have occurred on European soil. The highly-coordinated Paris attacks in November 2015 killed 130 people and several have occurred since then. With open borders comes more opportunity to cause trouble.

2. Creating an overseeing government doesnt heal division. The recent Brexit vote is evidence that Europe can seem united in a Union, but the old divisions still exist. The European Union has proven that it can provide helpful benefits from an economic standpoint, but there is still a sense of nationalism that provides the foundation of what has been built since 1993. When push comes to shove, Brexit proves that the harmony present is more for outward appearances only.

3. It ties the hands of local governments on certain issues. There is one primary issue which the European Union faces right now: refugee migration. More than 1 million refugees have settled in Germany. Despite the many needs that these people have, just 6 billion has been dedicated to build facilities for these refugees outside of the humanitarian aid that is already being offered. This means local governments must provide support to the EU without much in return for the crises they face at home.

4. Currency support is required for stable politics. The banking crisis in Greece was just the first step of many toward a currency that is insolvent for Europe with its current structure. Italy is facing a banking crisis in 2017, with billions in doubtful loans on the books. Austerity forced upon Greece may be forced upon Italy as well, which would create instability for the politics in the region. Add this to decline exports in Germany and the security questions that are being faced and makes for hard choices that may need to be made in the future.

5. It lacks transparency. Elections in member nations are public and transparent. The election of the European Commission is not transparent. The Commission has the authority to wield plenty of influence and power, but the average person has no say in who represents them in this way or what the quality of the representation will be. This makes it difficult for member nations to have individual control as each nation is required to follow EU laws to remain with the Union.

6. It costs money. Member states are providing billions in support to the European Union every year. This is in addition to other commitments, such as the 2% GDP contribution that is being asked of NATO nations. The argument could be made that these investments could be made within borders

The advantages and disadvantages of the European Union show us that a greater good can come from such a structure. The disadvantages must be recognized, however, and then proactively removed from the equation to prevent loss of life, reduced economic influence, and other unforeseen issues that may arise. By being competitive globally, each member state can grow locally, and that is really what the European Union is all about.

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European Union Facts for Kids | KidzSearch.com

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"United in Diversity"

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The European Union (abbreviation: EU) is a confederation of 27 member countries in Europe established by the Maastricht Treaty in 1992-1993. The EU grew out of the European Economic Community (EEC) which was established by the Treaties of Rome in 1957. It has created a common economic area with Europe-wide laws allowing the citizens of EU countries to move and trade in other EU countries almost the same as they do in their own. Nineteen of these countries also share the same type of money: the euro.

The Treaty of Lisbon is the most recent treaty that says how the Union is run. Every member state signed to say that they each agreed with what it says. Most importantly, it says which jobs (powers) the Union should do for the members and which jobs they should do themselves. The members decide how the Union should act by voting for or against proposals.

The objective of the EU is to bring its member states closer together with respect of human rights and democracy. It does this with a common style of passport, common rules about fair trading with each other, common agreements about law enforcement, and other agreements. Most members share a common currency (the euro) and most allow people to travel from one country to another without having to show a passport.

After World War II, the countries in Europe wanted to live peacefully together and help one another's economies. Instead of fighting each other for coal and steel, the first member countries (West) Germany, France, Italy, Belgium, Netherlands, and Luxembourg created one European Coal and Steel Community in 1952.

In 1957 in the Italian city of Rome, the member countries signed another treaty and made the European Economic Community. Now it was a community for coal, steel and for trade. Later it changed the name to the European Community.

In 1993, with the Treaty of Maastricht it changed its name to the European Union. Now the member countries work together not only in politics and economy (coal, steel and trade), but also in money, justice (laws), and foreign affairs. With the Schengen Agreement, 22 member countries of the EU opened their borders to each other, so people can now travel from one country to the other without a passport or identity card. Now already 16 member countries have replaced their national currencies with the euro. 10 new countries became members of the EU in 2004, 2 more became members in 2007, and 1 more in 2013. Today there are 27 member countries altogether.

A person who is a citizen of the European Union can live and work in any of the 27 member states without needing a work permit or visa. For example, a French person can move to Greece to work there, or just to live there, and he or she does not need permission from an authority in Greece.

In the same way, products made in one member country can be sold in any other member country without any special permissions or extra taxes. For this reason, the members agree rules on product safety - they want to know that a product made in another country will be as safe as it would be if it had been made in their own.

The Council of the European Union is the main decision-making group. The cabinet ministers of the member countries meet (Ministers for Foreign affairs, for Agriculture, for Justice, etc...) and discuss issues that are important to them.

Before the Treaty of Lisbon (written in 2007, implemented in 2008) each member state takes a turn at being President of the Council for six months. For example, from January 2007 until July 2007, Germany held the presidency. The six months before that, Finland held the presidency. Now the President of the European Union chairs the council summits. The President of the Council is the organiser and manager and is voted into office for a duration of two and a half years. He or she does not have the power to make decisions about the European Union like the President of the United States does for that country.

Member countries with a large population (Germany, France, United Kingdom, etc.) have more votes than countries with small populations (Luxembourg, Malta, etc.) but a decision cannot be made if enough countries vote against the decision.

Twice a year, the heads of government (Prime Ministers) and/or the heads of state (Presidents) meet to talk about the main issues and make decisions on different issues. This meeting is different and not as formal. It is known as a European Council.

The European Commission runs the day-to-day running of the EU and writes laws, like a government. Laws written by the Commission are discussed and changed by the European Parliament and the Council of the European Union.

The Commission has one President and 27 Commissioners, selected by the European Council. The Commission President is appointed by the European Council with the approval of the European Parliament.[14]

The Commission operates like a cabinet government. There is one Commissioner per member state, though Commissioners are bound to represent the interests of the EU as a whole rather than their home state.

The Parliament has a total of 785 members (called Members of the European Parliament, or MEP). They are elected in their countries every five years by the citizens of the European Union member countries. The Parliament can approve, reject or change proposed laws. It can also sack the European Commission. In that case, the entire commission would have to give up their jobs.

There are many discussions in the EU about how it should develop and change in the future.

The main reasons why European countries came together are political and economic:

In 1951, six countries made the European Coal and Steel Community, a basic version of what the EU is now. These six then went further and in 1957 they made the European Economic Community and the European Coal and Steel Community. The UK and others decided not to join, and then when the UK changed its mind it was stopped from joining by French President Charles de Gaulle. When he was no longer President, the UK and others started to join. Today there are 27 members but the idea that more should join is not seen as a good one by everyone.

Serbia, Montenegro, North Macedonia, Turkey and Iceland are "candidate countries"; they are being considered for membership. Albania, Bosnia and Herzegovina and Kosovo are expected to follow.

However, since there have been many political problems happening in Turkey recently, especially with President Erdogan's arresting of tens of thousands of political rivals since the failed coup attempt on July 15, 2016, it is unlikely that it would be allowed to part of the EU anytime soon because EU members believe that the current Turkish government is not respecting human rights, rule of law, or democracy.[16]

United in diversity (or together with many types of people in Simple English), is the motto of the European Union.

The motto in other languages:[17]

On June 23, 2016, the UK held a referendum on whether it should stay in the EU or leave it. The majority [52% to 48%] favoured leaving.[18] Britain leaving the EU is commonly known as Brexit.

The government of the UK triggered "Article 50" of the Treaty of European Union (the Treaty of Lisbon) on 29 March 2017.[19] This began negotiations with fellow members of the EU on the terms of exit. The timetable for these negotiations is two years, which meant that the UK would remain a member of the EU until at least March 2019. However this deadline was later extended to October 31st 2019 at the request of the British Government. The United Kingdom left the European Union on the 31. of January 2020 at 23:00 Greenwich Mean Time.

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