Dr Pavel Repyeuski

After 47 years of membership, in the June 2016 referendum, the United Kingdom voted to exit the European Union, and on 31st January 2020 the UK has left the EU. As a result, the free movement of goods regime between the UK and the EU ceased to exist. Leaving without a trade deal could have had devastating consequences for both sides. Finalised on Christmas Eve 2020, having entered into force after just one day of debate in the UK Parliament, the UK-EU Trade and Cooperation Agreement (TCA) have set hopes high aiming to prevent distortion of trade. However, four years since the Agreement, the trade in goods between the UK and the EU is far from being smooth. Despite the zero-tariff zero-quota rules introduced by the TCA, a considerable level of red tape, non-tariff barriers, customs controls and enhanced paperwork for the traders have all had a negative effect on trade. With the TCA up for review in 2026, is it time for a reset and to enhance the UK’s relationship with Europe through an improved trade deal? Drawing upon academic commentary, this article discusses the post-Brexit rules on trade in goods between the UK and the European Union as introduced by the TCA. It examines how the trade in goods regime has changed following the UK’s departure from the EU, analyses the status quo and ongoing trends, outlines existing issues and difficulties, and considers the possible future developments and cooperation in this field.

The end result is a legal regime which is perhaps even more complex than EU law itself. This book aims to provide the reader with a clarification of this legal regime as well as provide context to it and suggestions to improve it.

The COVID-19 pandemic has prompted many EU Member States to introduce unilateral and diverse travel restriction measures and border controls. European Treaties do allow the Member States to derogate from free movements on the grounds of public health, however, the imposition of inconsistent and diverse restrictions threaten the integrity of the Union. The European Commission and Council have an important role to play promoting cooperation and solidarity amongst the EU Member States and safeguarding the Union. A recent Council Recommendation[1] for a coordinated approach to measures restricting free movement is an example of the EU’s response, but does it go far enough? For it is important to acknowledge that a Recommendation is not a legally binding instrument. This Insight analyses the Council Recommendation and its role in promoting a coordinated response to the COVID-19 pandemic by the EU Member States.