Question to the Cabinet Office:

To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, whether the provisions agreed in the UK-EU Trade and Cooperation Agreement are reciprocal and include a binding non-discrimination clause covering all current and future EU member states.

The Trade and Cooperation Agreement (TCA) imposes reciprocal obligations on the Parties to the Agreement. The TCA also includes some provisions – common in international agreements of this kind – which impose specific obligations on a particular Party.

There is no general non-discrimination provision applicable to all current and future EU Member States in the TCA.

The TCA does not prohibit either the UK or EU from entering into future agreements with each other. Article COMPROV.2 of the TCA includes information on how to treat future UK-EU agreements. The UK and EU Member States are free to make bilateral agreements with each other in principle. However, whether the EU Member States can enter into an agreement with the UK depends on the subject matter and the competence position under EU law.