Brexit, trade and agriculture: waiting for answers

• Pages: 19-33
• Date: 01 April 2018
• DOI: https://doi.org/10.1108/JITLP-01-2018-0001
• Published date: 01 April 2018
• Author: Joseph McMahon
• Subject Matter: Strategy,International business,International business law,Economics,International economics,International trade

Brexit, trade and agriculture:

waiting for answers

Joseph McMahon

UCD Sutherland School of Law, University College Dublin, Dublin, Ireland

Abstract

Purpose –The purpose of this paper is to examine the nature of the trading relationship in agricultural

goods that the United Kingdom (UK)will have when it leaves the European Union (EU). The decision of the

UK to leave the EU has raised many questions, includingsome on the nature of the trading relationship that

the UK will have with the EU and third countriesonce it leaves the EU.

Design/methodology/approach –For agriculture, the UK will need to develop its own agricultural

policyas it will no longer be subject to the CommonAgricultural Policy and oneconstraint on the development

of thatpolicy will be the Agreement on Agricultureconcluded at the end of the UruguayRound negotiations.

Findings –This paper examinesthe three pillars of that Agreement –market access, domesticsupport and

export competition –to determine thecommitments that the UK may make in each pillar and then looks at

two other relevantagreements, the SPS Agreement and the TBT Agreement, to complete the discussionof the

scope of the UK nascent agriculturalpolicy.

Originality/value –The value of the paper lies in the discussion of the obligationsto be assumed by the

UK under the Agreementon Agriculture and the contours of UK agricultural policy once it leaves the EU.

Keywords Agriculture, Trade, Brexit

Paper type Research paper

1. Introduction

On 23 June 2016, the people of the United Kingdom (UK)in response to the question “Should

the UK remain a member of the European Union (EU) or leave the EU?”voted to leave the

EU[1]. This surprisingresult raised more questions than it answered, and on 29 March 2017,

an answer was given to one question: When would the UK trigger Article 50 of the Treaty

on EU (TEU)? In her letter to the President of the European Council DonaldTusk, the Prime

Minister of the UK Theresa Maynoted on more than one occasion (f‌ive to be exact) that the

UK wanted a “new deep and special partnership”with the EU[2]. The hope was expressed

that agreement could be reached on the terms of this futurepartnership alongside those on

withdrawal from the EU. In contrast, the EU negotiating mandate suggests a phased

approach with priority being given to an orderlywithdrawal with an understanding on the

framework for the relationship between the UK and the EU to be developed in the second

phase of the negotiations[3].

The negotiations on Brexit have proceeded on the basis that agreement was needed on

several withdrawal issues before a start could be made on the negotiation of a post-Brexit

agreement between the UK and EU. Progress on the threewithdrawal issues –the f‌inancial

settlement, the rights of EU and UK migrants and the issues surrounding the border

between Northern Ireland and Ireland –has not been as quick as anticipated. It should be

noted that an agreement between the EU and the UK can only be concluded once the UK

becomes a third country, i.e. on 29 March 2019, unlessthe date for UK’s departure is delayed

by a European Council decision under Article 50 TEU. The framework for such an

agreement, including any transitionalarrangements, will be the subject in the second stage

Brexit, trade

and

agriculture

19

Received11 January 2018

Revised11 January 2018

Accepted11 January 2018

Journalof International Trade

Lawand Policy

Vol.17 No. 1/2, 2018

pp. 19-33

© Emerald Publishing Limited

1477-0024

DOI 10.1108/JITLP-01-2018-0001

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