With the issue of when, how and even if the UK exits the EU dominating the news, the question that immediately arises is what this will mean for SA.
The result was an agreement in principle to roll over the economic partnership agreement on a bilateral basis to ensure, as far as possible, continuity of trade following the UK’s exit from the EU. The current Sadc-EU economic partnership agreement was therefore envisaged as a template for a relatively short-term agreement, with modifications only to those elements necessary to ensure operability.
This issue is complicated by the fact that the Sadc-EU economic partnership agreement has a most favoured nation clause that provides for extension to the EU of any better treatment granted to an economy that contributes to more than 1.5% of world trade. It is, however, important to note that the UK’s EU Withdrawal Act of 2018 provides for incorporation of EU legislation that was operative before the UK exits the EU and will form part of domestic law of the UK on the day the UK exits the EU. Sanitary and phytosanitary legislation of the EU will, therefore, be domesticated into UK legislation and continue to apply in the UK after Brexit.
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