WT/REG4 47/2 
 
14 March  2023 
(23-1880) Page: 1/2 
Committee on Regional Trade Agreements  Original: English  
 
TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION (EU)  
AND THE UNITED  KINGDOM (UK), GOODS AND SERVICES  
QUESTIONS AND REPLIES  
The following communication, dated 14 March  2023, is being circulated at the request of the 
delegations of  the European Union and the United Kingdom.  
 
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Questions from Brazil  
Competition  
1.1.  "In the Factual Presentation Document of the Agreement between the UK and the 
European Union, paragraphs 5.53 and 5.54 mention the enforcement of competition laws. 
We would like to know the specific procedure of each competition authority to exert 
jurisdiction over the enterprises of the other party. Is this procedure different from the 
ordinary one applied to other countries not part  of the agreement?"  
Joint response from the Parties  
Article 360 of the UK -EU TCA requires the UK and the EU to take appropriate measures to 
enforce their respective competition law in their territories. There is no special procedure for applying 
UK competition law to EU businesses - the same rules under UK legislation apply in all cases. Equally, 
there is no special procedure for applying EU competition law to UK businesses – the same rules 
under EU legislation apply in all cases.   
1.2.  "Paragraph 5.55 su mmarizes the cooperation of the Competition Authorities of the 
parties to the agreement. We would like to know if the agreement provides for specific 
cooperation between the two national antitrust authorities. If so, does this cooperation 
cover the possibi lity of exchanging confidential information without the signature of 
waivers?"  
Joint response from the Parties  
Article 361(3) of the UK -EU TCA provides that the EU Commission and the competition 
authorities of the EU Member States, and the UK 's competition  authorities, may exchange 
information to the extent permitted by each Party 's law.  
While the TCA does not create any new provision beyond what is already possible in domestic 
law, Article 361(4) provides that the Parties may in future enter into a separa te agreement on 
cooperation and coordination and that this separate agreement may include conditions for the 
exchange and use of confidential information.  WT/REG4 47/2 
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  Question s from Japan  
General provision s of the agreement  
Environment  
1.3.  Paragraph 5.64: Are there any ex isting agreements that have a provision similar to 
Article 392 which require parties to have in place and maintain an effective system of 
carbon pricing? If any, does the provision of such agreements contain the same content 
as that provided in Article 392 ? If the answer is no, provide the differences between them.  
The UK -EU TCA is the only agreement the UK is a signatory of that requires the parties to 
have in place and maintain an effective system of carbon pricing.  
The same is true of the EU: the EU -UK TCA is the only agreement the EU is a signatory of that 
requires the parties to have in place and maintain an effective system of carbon pricing.  
1.4.  What is the definition of 'a system of carbon pricing', which is applicable to 
Article  392? Which measures are included in the 'a system of carbon pricing'?  
The EU -UK TCA did not include any further definition of the term 'carbon pricing ' beyond the 
provisions of Article 392(2) -(5). 
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