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Lloyd's Maritime and Commercial Law Quarterly


Simon Baughen *


280. European Union (Withdrawal Agreement) Act 2020

The UK left the EU at 11pm on 31 January 2020 and entered an “implementation period”, which ends on 31 December 2020 and during which the future relationship with the EU is being negotiated. During the implementation period, the UK remains subject to EU law and to EU treaties, although the UK is no longer a Member State and does not participate in EU institutions. The withdrawal agreement itself provides for the possibility of an extension being obtained in June 2020 but s.33 of the Act specifically precludes this and inserts into the EU (Withdrawal Agreement) Act 2018 s.15A, which states: “A Minister of the Crown may not agree in the Joint Committee to an extension of the implementation period”.


281. Hague Convention on Choice of Court Agreements 2005

The UK was, by virtue of its membership of the EU, a party to the Hague Convention. On 28 December 2018 the government deposited its conditional instrument of ratification to the Hague Convention to come into effect immediately after Exit Day, at that time 29 March 2019, in the event that no withdrawal agreement had been concluded with the EU at that time. Accession was suspended until Exit Day and then withdrawn on 1 February 2020 following the UK’s exit from the EU. During the implementation period the UK continues to participate in the Convention through the EU’s membership.
282. Emissions Trading System (ETS): Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: The European Green Deal Brussels, 11.12.2019 COM (2019) 640 final.
The European Commission indicated that it would be looking at measures extending the emissions trading system (ETS) to shipping and would look closely at the current
European Union Maritime Law


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