The EU–UK trade and cooperation agreement: Lessons learnt

Abstract:

This paper analyses the Trade and Cooperation Agreement (TCA) between the EU and the UK. We focus on two specific features: rules of origin and non-tariff barriers. The putative purpose of the TCA was to promote free trade between the signatories, and both of the features identified have ‘level-playing-field’ objectives which are designed to promote that purpose. However, both can also be used for covert protectionism against the other party to the agreement. The paper recommends that rules of origin and non-tariff barriers should be recrafted where possible, and there is a description of how this might be done. The aim of such action would be to make transparent the role of these features in preserving a level playing field. Doing this would also make clear that any residual unadulterated rules of origin and non-tariff barriers existed for purely protectionist reasons and jeopardized open borders. Hopefully, the exposure of such protectionism would encourage its dismantlement.