Brexit implementation period—European cross border processes
Brexit implementation period—European cross border processes

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Brexit implementation period—European cross border processes
  • Definitions
  • What is the implementation period?
  • Can the implementation period be extended?
  • What European cross border processes regimes apply during the implementation period?
  • Previous drafts of the Withdrawal Agreement
  • After the implementation period
  • Position up to exit day

This Practice Note considers the rules of European cross border processes as they will apply between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period, referred to by the EU as the transition period. The rules are set out in Regulation (EC) 805/2004, European Enforcement Orders (EEO), Regulation (EC) 1896/2006, European Payment Orders (EPO) and Regulation (EC) 861/2007, European Small Claims Procedure (ESCP). Note that Regulation (EC) 1896/2006, EPO and Regulation (EC) 861/2007, ESCP were both amended by Regulation (EU) 2015/2421.

For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources.

The Practice Note considers whether the implementation period can be extended, whether the regimes for the various European cross border processes apply during the implementation period as well as potential issues that may arise at the end of the implementation period if the UK has not entered into a deal with the EU regarding the various European cross border processes.

Definitions

This Practice Note using a number of definitions:

  1. European Union (Withdrawal) Act 2018—EU(W)A 2018

  2. European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020

  3. exit day—is defined in EU(W)A 2018, s 20

  4. implementation period—is defined in EU(WA)A 2020, s 1. ‘Implementation period’ is the UK’s preferred term, while the EU refers to this period as the ‘transition period’

  5. IP completion day—is defined

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