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19 March 2018updated 24 Jun 2021 12:25pm

Something is missing from the UK’s draft transition agreement with the EU

The talks could go to extra time.

By Stephen Bush

The European Union has published its draft transition agreement with the United Kingdom, setting out the terms of the standstill period after March 2019, when the UK will have formally left the EU, but its new relationship with the bloc has not yet been negotiated.

There is a lot in there, and the particularly politically-difficult part as far as the government is concerned is fishing: under the agreement, the United Kingdom will remain subject to the Common Fisheries Policy during the period of transition, and two Scottish Conservative MPs, both of whom have large fishing communitiesin their seats, are threatening to vote against the deal as it stands.

But the more interesting part is what isn’t in there: any mechanism to extend the transition should the United Kingdom and the EU be unable to agree a new relationship by 2020. This is something that people on both sides believe is likely to be needed – but as it stands, there is no provision to do so.

The political problem for Theresa May is that some pro-Brexit MPs fear that transition will never end (which is why she persists in calling it an “implementation period” in public, despite the fact it is as clear as day that there will be nothing to be implemented, as the future relationship will only have been agreed in broad outline). So finding the right moment to include the ability to make transition open-ended is tricky.

The danger for the government (and everyone else) is that the moment never arrives, and that the United Kingdom either ends up making a agreement in haste, or not at all, in 2020.

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